55_06232022%20CC%20Agenda%20packet%20with%20page%20numbers%20reg%20meeting — Newark City Council, June 23, 2022 (part 3 of 4)

1. The contribution by the City toward monthly premiums for health and welfare programs of employees represented by the Association shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital CareAct (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cash-in-Lieu benefit as provided below in Section 4. The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

2. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal tothe actual premiums for the PERS Health Plan, City-administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet and confer with the Association regarding the impact of such changes.

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4 3. Effective for the 2022 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time 30-35 hours:

Employee Only: $878
Employee + 1 Dependent: $1,755
Employee + 2 or more Dependents: $2,318
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $439 - $549
Employee + 1 Dependent: $878 - $1,097
Employee + 2 or more Dependents: $1,159 - $1,449
Effective for the 2023 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time 30-35 hours:

Employee Only: $896
Employee + 1 Dependent: $1,790
Employee + 2 or more Dependents: $2,364
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448 - $560
Employee + 1 Dependent: $895 - $1,119
Employee + 2 or more Dependents: $1,182 - $1,478
Effective for the 2024 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time 30-35 hours:

Employee Only: $913
Employee + 1 Dependent: $1,826
Employee + 2 or more Dependents: $2,412
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457 - $571
Employee + 1 Dependent: $913 - $1,141
Employee + 2 or more Dependents: $1,206 - $1,507
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5 Effective for the 2025 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular, Full-Time Employees and Regular Part-Time 30-35 hours:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466 - $582
Employee + 1 Dependent: $931 - $1,164
Employee + 2 or more Dependents: $1,230 - $1,537

4. Cash-in-Lieu and Cafeteria Plan Cash Back: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive $450 “cash-in-lieu” of benefits, which includes the PEMHCA minimum per section A.1 above.

Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to $450 per month of any money not used for the purchase of employer-offered benefits. Cash-in-lieu and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working 20-25 hours this amount will be $225 - $281.

5. City and Association agree that in the event of any additional federal or state mandates requiringemployer contributions for health care coverage, the City and Association shall reopen the memorandum of understanding to meet and confer on the issue of health care premiums and itsimpact on total compensation.

6. The City may explore alternatives to the CalPERS health program, in the interest of offering comprehensive and competitively priced health insurance alternatives to employees.

B. Life Insurance
The City agrees to provide $20,000 term life insurance coverage for regular full-time and regular part-time employees. Effective July 1, 2022, this amount will increase to $50,000 for regular full-time and regular part-time employees. The Association agrees that the total compensation base does not include premiums for life insurance paid by labor market cities. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

C. Vision Care
The City will continue to offer a family coverage vision plan to Association members.

Association members will cover all costs.

D. Dental Care
The City will continue to offer a family coverage dental plan to Association members.

Association members will cover all costs.

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6 E. Long-Term Disability
The City will continue to offer a long-term disability plan to association members on an aftertax payroll deduction basis. Association members will cover all costs.

F. Wellness

1. Employees and their spouses or registered domestic partners and up to 2 children or grandchildren living in the same household, 26 years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

2. Employees, their spouses or registered domestic partners, and their children and grandchildren 26 years of age and under, will receive resident rates for class registration and facility rentals.

VII. BOOT & JACKET REIMBURSEMENT AND UNIFORM ALLOWANCE
A. Boot & Jacket Reimbursement
Employees in the positions of Building Inspector I/II, Building Mechanic I/II, Engineering Aide I, Community Preservation Specialist (if serving more than 50% of work time in the field), Engineering Technician I (if serving more than 50% of work time in the field), Equipment Mechanic I, Equipment Mechanic II, Field Assistant, General Laborer, Landscape Inspector, Landscape & Parks Maintenance Worker I/II, Public Works Inspector, Senior Building Inspector, Senior Building Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape & Parks Maintenance Worker, Senior Street MaintenanceWorker, Street Maintenance Worker I/II, and Street Maintenance Worker Lead, will be eligible for a sum of $350 annually with the condition that the boots and jacket (if weather conditions warrant) be worn as part of the employee's uniform. If the City is unable to establish a purchase order system with an outside vendor, payment will be made as a reimbursement for a sales slip or proof of purchase dated during the term of this agreement. Employees are encouraged to request written pre-approval of reimbursement eligibility, prior to purchasing any items.

B. Employer Provided Uniforms
A uniform shall be provided to specified positions under this agreement. Employees are required to adhere to the respective Department’s regulations regarding prescribed uniforms and requirements for uniforms to be clean and in good condition. The employer shall have the responsibility to purchase, launder and make any repairs in order to adhere to Department policies.

C. Vehicle Abatement Officer
Upon appointment to the classification of Vehicle Abatement Officer, a full-time regular employee shall be reimbursed by the City for the purchase of City-approved uniform and equipment up to an amount equal to the maximum of the annual uniform allowance in effect on the date of appointment to Vehicle Abatement Officer. Reimbursement shall be made upon receipt of evidence of purchase.

Upon completion of 12 months of continuous active employment or upon reinstatement, Vehicle Abatement Officers shall receive a monthly uniform allowance of $100. If the employment of a Vehicle Abatement Officer is terminated before completion of the probationary period or 18 months of service, whichever is longer, uniforms and equipment purchased by the City through reimbursement pursuant to this provision shall be returned to the City.

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7 VIII. HOURS OF WORK
A. Workweek
A standard workweek for employees represented by the Association shall be 40 hours per week with days and times set at the sole discretion of the department head and City Manager.

The workweek begins at 12:01 a.m. Sunday morning and ends at 12:00 midnight on Saturday for all employees who do not work a 9/80 schedule. The workweek begins at the mid-point of the employee’s eight hour day for employees who work a 9/80 schedule. The beginning and end date and time of the workweek must remain consistent.

B. Work Schedules
Each employee must complete a Work Schedule Agreement form upon hire and whenever their permanent work schedule changes.

Work schedules are governed by the Guidelines for the Alternate Work Schedule for NAME, Confidential, and Management, Supervisory, and Professional Employees and other applicable Administrative Guidelines.

The City reserves the right and shall have the authority to discontinue the alternate work schedule for any reason at any time at its sole discretion.

C. Changes in Work Schedule

1. Employees may make special requests for days off or a change to their work schedule by discussing the change with theirsupervisor for approval.

2. In all cases in which an employee and their supervisor agree on a temporary schedule change lasting more than one workweek, the schedule change shall be agreed upon in writing and in advance of the implemented change.

3. Within a workweek, if an employee or supervisor request a temporary schedule change, “flex time”, the requestor must make a written request and the response must also be in writing, indicating agreement or not. As a general practice, flex time may not be used to avoid an employee’s use of leave for time off requests or to avoid overtime.

In rare instances, employees may be asked or required to work on their day off. If this occurs, the member will be compensated in accordance with the existing MOU and FLSA.

4. If the employee is reassigned to a different work schedule, the department head, whenever possible, will give the employee advance notice of at least two weeks.

D. Holiday Work Schedule
City offices will be closed during the December holiday season. Non-essential employees, as determined by the City Manager, shall participate in a four-day furlough. The City Manager may authorize continuation of some critical services.

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8 1. Employees may use vacation leave, holidays (if applicable), leave credits (if applicable), and/or leave of absence without pay during the four-day furlough.

2. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough. Employees on an approved leave of absence without pay that started before December 10 and extends through the last full pay period in the calendar year and will not be eligible for holiday pay.

3. Employees may be called back by the City Manager, or designee, as deemed necessary to protect public safety and essential City operations. Every effort shall be made not to call back employees who indicate they will be on vacation and desire not to be called back during the furlough.

4. Employees called out shall be entitled to pay in accordance with the call-out provision in the MOU.

5. Employees who elect a leave of absence without pay for the furlough may request up to a four-day salary advance. Repayment of a salary advance for the furlough may be spread over a period of time provided that:
a. there is two weeks advance notice to payroll;
b. the salary advance is fully repaid no later than the last full pay period of the calendar year, so all payments occur within the same calendar and fiscal year of the furlough; and
c. payments begin no earlier than July 1 of the impacted calendar year.

Salary advances for regular part-time employees may be up to the amount of hours the employee is regularly scheduled to work during non-furlough workweeks. d. This salary advance must be requested by June 1 preceding the furlough. Effective at the start of this term of memorandum, the following phase-in period will apply to the salary continuation program, in order to achieve the goal of repayments occurring within the same fiscal year and calendar year:
a. December 2022 furlough repayment – begins July 2022, must be fully repaid by March 2023.
b. December 2023 furlough repayment – begins July 2023, must be fully repaid by the first pay period December 2023.
c. December 2024 furlough repayment – begins July 2024, must be fully repaid by the first pay period December 2024.

6. The floating holiday may be used during the furlough. Association members who are on an alternate work schedule and whose regular day off occurs on a City holiday will accrue eight (8) hours of holiday leave per holiday. Those members may apply the accrued holiday(s) leave toward furlough as long as the holiday(s) is accrued prior to use.

7. Benefits will not be affected by the furlough and leave and seniority will continue to accrue without deduction or penalty during the furlough period. Nothing in this agreement shall reduce the base salary of employees.

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9 8. Employees without sufficient salary to cover deductions for health care or other similar deductions are required to pay for these deductions no later than December 15 of each year.

Deductions from salary will be made in the following order: 1) mandatory deductions, 2) health and welfare deductions, 3) judgments, 4) deferred compensation, 5) credit union deductions, 6) association dues. If a different order of priority is desired, employees should contact the Finance Department.

IX. RETIREMENT BENEFITS
A. Classic Members

1. All regular full-time and regular part-time NAME members who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

2. Classic Members shall be provided the 2.5% at 55 formula in accordance with Government Code Section 21354.4 and the Public Employee’s Pension Reform Act of 2013.

3. All Classic Members will contribute the employee contribution rate of eight percent (8%) for the 2.5% at 55 retirement benefit.

4. Additional Contribution Towards Employer Rate.
a. In addition, if the CalPERS Miscellaneous Plan employer actuarial rate for the 2.5% at 55 formula exceeds 10.00% to a maximum of 16.936%, all Classic Members will contribute a percentage of salary towards the employer rate sufficient to equally share in the cost with the City. In the event that the employer rate for Classic Members exceeds

16.936%, the City shall be responsible for any increase above 16.936%. In subsequent years of the pay plan, if the rate over 10.00% decreases the percentage of salary that Classic Members contribute towards the employer rate will be reduced by the above formula. Employer rate reductions below 10.00% will not be shared under the above formula.
b. The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan 2.5% at 55 formula employer actuarial rate increased by 3.00%, each Classic Member would contribute an additional 1.50% of their salary to pay towards the employer rate for the retirement benefit. The City would then be responsible for matching the additional 1.50%. If during the subsequent years of this pay plan, the ratedecreased by 3.00%, each Classic Member would no longer contribute the additional 1.50% of their salary towards the employer rate to pay for the retirement benefit.

B. PEPRA Members

1. Regular full-time and regular part-time NAME members who were appointed on or after January 1, 2013 and who are “PEPRA Members” (as defined by CalPERS) will contribute half the normal cost of the 2.0% at 62 plan as required by the Public Employee’s Pension Reform Act of 2013.

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10 2. Additional Contribution Towards Employer Rate.
a. In addition, PEPRA Members will contribute the same percentage for the employer rate as Classic Members pay
b. The following is for illustrative purposes only:

If Classic Members pay 3.468% of the employer rate, PEPRA Members will pay a total of 3.468% of the employer rate. If the employee rate for PEPRA Members is 6.75%, in this example PEPRA Members would pay the 6.75% employee rate plus an additional

3.468% towards the employer rate for a total of 10.218%.

3. Notices of increases or decreases in the CalPERS Miscellaneous Plan employer actuarial rate will be provided to an Association Representative in advance of the effective date.

4. The City agrees to continue the Indexed level 1959 survivor benefit option. The group members agree that any costs now or in the future for the Indexed level 1959 survivor benefit will be paid by the members.

X. VACATION LEAVE
In accordance with the Personnel Ordinance and Personnel Rules and Regulations, annual vacation leave entitlement shall be as follows:

A. Regular Full-Time Employees
Beginning on the 90th day of employment, regular full-time employees shall be eligible to earn vacation leave. Upon the completion of said period of service, regular full-time employees shall be credited with twenty (20) hours of vacation leave, and shall thereafter accrue vacation leave at the rate provided below:

Years of Completed Service Full-Time work schedule
Less than five (5) years 6.667 hrs/month
5 through 9 10.000 hrs/month
10 through 14 13.334 hrs/month
15 through 19 14.667 hrs/month
20 or more 16.667 hrs/month
Regular full-time employees who separate from City service after 90 days of employment shall be paid for that part of vacation accumulation that remains unused at the time of termination.

Payment for unused vacation shall be made at the rate of pay in effect for such employees at the time of separation. Regular full-time employees who terminate from City service prior to the completion of said 90 day period shall not be entitled to compensation for vacation leave, as none has been accrued.

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11 B. Regular Part-Time Employees
Beginning on the 90th day of employment, regular part-time employees shall be credited with 10-

12.5 hours of vacation leave for 20-25 hour employees, or 15-17.5 hours of vacation leave for 30-35 hour employees and shall thereafter accrue vacation leave at the rate provided below:

Years of 20-25 hour 30-35 hour
Completed Service work schedule work schedule
Less than five (5) years 3.334-4.167 hrs/mo 5.000-5.834 hrs/mo 5 through 9 5.000-6.250 hrs/mo 7.500-8.750 hrs/mo
10 through 14 6.667-8.334 hrs/mo 10.000-11.667 hrs/mo
15 through 19 7.334-9.167 hrs/mo 11.000-12.834 hrs/mo
20 or more 8.334-10.417 hrs/mo 12.500-14.584 hrs/mo
Effective July 1, 2010, proration of RPT vacation leave will be based on actual hours worked or budgeted to work. For example, an RPT employee with one year of City service who works 35 hours per week will receive 5.834 hours of vacation per month. An RPT employee who works 24 hours per week will receive 4.0 hours of vacation per month. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to RPT employees on a quarterly basis until the process is automated.

An eligible employee must be actively at work, on certain protected leaves, or on a leave with pay for at least one-half the regularly scheduled work days in a month to accrue vacation leave credit for that month. (One-half the month for regular part-time employees shall not be based on hours worked, but rather the number of regularly authorized workdays.) Current employees designated as "regular part-time" on or before July 1, 1991 shall use their original date for appointment to regular City service as the date for calculating service time to determine the rate of vacation accrual. For appointments after July 1, 1991, rates of accrual will be based on date of appointment to "regular part-time”.

Regular part-time employees who separate from City service after 90 days shall be paid for accrued but unused vacation leave at the time of separation. Payment for unused vacation shall be made at the rate of pay in effect for such employees at the time of separation. Regular parttime employees who separate from City service prior to working 90 days shall not be entitled to compensation for vacation leave, as none has been accrued.

C. Vacation Buy-back
Effective July 1, 2010, upon using one-half of the vacation time accrued during the 12-month period from July 1 through June 30, a regular full-time employee may request to receive pay for up to a total of eighty (80) hours per fiscal year of vacation (sixty (60) to seventy (70) hours for 30 –35 hour employees and forty (40) to fifty (50) hours for 20-25 hour employees) in hourly increments at the current hourly salary rate provided there is a minimum of one (1) week remaining in the employee’s vacation bank after the conversion. For example, an RPTemployee working 35 hours per week may request up to a total of 70 hours of vacation buy- back per fiscal year. Requests for vacation buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15.

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12 For calendar year 2022 only, the total amount of vacation eligible for buy-back will be increased one time to 120 hours for regular full-time employees, 100 to 110 for 30-35 hour employees, and 80 to 90 for 20-25 hour employees.

Effective November 2022 - By December 1 of each calendar year, eligible employees who want to cash out accrued vacation leave in the following calendar year shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: The employee may cash out up to 80 hours of vacation. • For regular 30-35 hour part-time employees: The employee may cash out up to 60-70 hours of vacation.
• For regular 20-25 hour part-time employees: The employee may cash out up to 40-50 hours of vacation.
• To be eligible to cash out, the employee must have used at least one-half of the vacation time accrued during the 12-month period preceding December. • Employees must have the equivalent of one regular work week remaining in vacation accruals at the time of cash out.
• Employees must submit their Vacation Buy-Back Request Form to Payroll by December

1. This is an irrevocable election by the employee.

For example, to buy back vacation leave that is accrued in calendar year 2023, a full-time employee must elect by December 1, 2022, how much they want to buy back. The employee must have used a minimum of 50% of their accrued vacation between December 1, 2021 and November 30, 2022. Employees must further ensure they will have at least one work week of vacation accruals remaining at the time of the buy back which will occur in December 2023. The sell back will be paid out in the last full pay period of December 2023, which is December 29, 2023.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation sellback program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the vacation buy-back program.

D. Maximum Accumulation
Regular full-time employees may accumulate vacation credits according to the following schedule:

Years of Completed Service Maximum accrual
1 through 4 160 hours
5 through 9 240 hours
10 through 14 320 hours
15 through 19 352 hours
20 or more 400 hours
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13 Regular part-time employees may accumulate vacation credits according to the following schedule:
20-25 hour 30-35 hour
Years of Completed Service Maximum Accrual Maximum Accrual 1 through 4 80-100 hours 120-140 hours
5 through 9 120-150 hours 180-210 hours
10 through 14 160-200 hours 240-280 hours
15 through 19 176-220 hours 264-308 hours
20 or more 200-250 hours 300-350 hours
XI. SICK LEAVE
A. Purpose
The purpose of sick leave is to allow eligible employees who are ill or injured to remain absent from work with pay, or to be used for medical and dental appointments that are unable to be scheduled during non-work hours, within the limitations of this section. Sick leave is granted for recovery from illness or injury so as to be physically able to return to work. This section is intended to comply with all applicable state, federal and local laws regarding sick leave absences.

Each calendar year, employees may use an amount equal to six months of annual accrued and available sick leave to care for their sick child, parent, domestic partner (as defined by California Family Code Section 297), or spouse. Sick leave may be utilized for any leave covered under the Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA).

B. Accrual for Regular Full-Time Employees
Beginning on the 90th day of employment, regular full-time employees accrue sick leave with pay at the rate of eight hours for each calendar month of service. Regular full-time employees shall accumulate unused sick leave at the rate of 96 hours a year to a total of not more than 960 hours.

C. Accrual for Regular Part-Time Employees
Beginning on the 90th day of employment, regular part-time employees shall be eligible to accrue and use sick leave with pay at the following rates and to the following maximums:

Work Schedule
Monthly
Accrual Rate
Maximum
Accrual
20-25 work hours 4-5 hours 480-600
30-35 work hours 6-7 hours 720-840
Effective July 1, 2010, proration of RPT sick leave will be based on actual hours worked or budgeted to work. For example, an RPT employee who works 35 hours per week will receive 7 hours of sick leave per month. An RPT employee who works 24 hours per week will receive

4.8 hours of sick leave per month. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

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14 For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to RPT employees on a quarterly basis until the process is automated.

Regular full-time and regular part-time employees must be actively at work or on leave with pay for at least one-half the regularly scheduled workdays in a month to accrue sick leave credit for that month. (One-half the month for regular part-time employees shall not be based on hours worked, but rather the number of regularly authorized workdays.) D. Retirement Service Credit
Retirement service credit accounts have been established for each eligible employee in which that member may accrue retirement service credit toward early retirement under the Public Employees' Retirement System plan applicable to miscellaneous employees. Retirement service credits cannot be used as sick leave as provided in this Agreement or the Personnel Rules but may be used only towards early retirement under the Public Employees' Retirement System. Sick leave credit accrued in excess of 120 days (960 hours for full-time, 720-840 hours for 30-35 hour part-time employees, and 480-600 hours for 20-25 hour part-time employees) shall be placed in the individual's retirement service credit account. Accumulation of retirement service credit shall be unlimited.

Individuals with less than 120 days accumulation may designate a portion or all of their accumulation of sick leave credit after July 1, 1980 to be placed in the retirement service credit account. However, once placed in the retirement service credit account it can be used only for retirement service credit and cannot be withdrawn from that account.

E. Administration of Sick Leave

1. When an eligible employee is unable to schedule a medical and/or dental appointment for treatment of an industrial or non-industrial illness or injury during off duty time, with supervisor approval, the employee may charge time off for the medical and/or dental appointment to sick leave.

2. For employee illness or injury to qualify for sick leave, the ill or injured employee shall notify the supervisor as required by Department policy. The supervisor will notify Human Resources or an employee’s leave if the employee uses four (4) or more sick leave days within any continuous six month period.

3. If an eligible employee uses sick leave any time in excess of two (2) continuous days, the employee's department head may require the employee to furnish a certificate from a practicing physician, licensed pursuant to Chapter 5 of Division 2 of the California Business and Professions Code of the employee's choice, who has examined the employee, so that the employee's ability to return to work may be ascertained. In any case and at any time, the Department Head may require submittal of periodic physician’s reports concerning the employee’s condition and ability to return to and continue work.

4. In addition to the procedure outlined above, the following procedure, currently in effect, shall be followed by eligible employees with regard to sick leave use:
a. Whenever a department head has reasonable cause to believe that an eligible employee's condition of health is affecting or could affect the employee's ability to work, the department head may require the employee to submit to an examination by a licensed Packet Page 659
15 physician selected by the City. If the physician determines that the eligible employee should not be undertaking certain duties required by their position classification, the department head may require the employee to use accrued sick leave until sufficiently recovered to return to work.
b. Absence for illness or to care for employees’ sick children, parents, or spouse may not be charged to sick leave not already accumulated by the employee. c. Regular full-time employees who have served less than 90 days with the City shall receive no sick leave. Beginning on the 90th day of employment, the employee shall receive credit for the 90 days of service to the City.
d. An eligible employee absent from duty due to illness or a City job-related injury who has been performing outside employment authorized by the department head shall refrain from working at the outside employment until he/she is fully recovered from the illness or injury.
e. Absences without pay for illness or injury may be granted by the City Manager to a regular full-time or regular part-time employee for a period not to exceed 120 days in a calendar year, provided that an employee who is about to exhaust all sick leave benefits makes a written request for such absence to the department head. The request for absence without pay shall be accompanied by a certificate that the employee is unable to work. f. The department head may require submittal of periodic physician's reports concerning the employee's condition and ability to return to work, and may require the employee to submit to an examination by a licensed physician selected by the City. The City Manager may order the employee to return to work if the City-selected physician reports that the employee is capable of doing so. At any time during the period of sick leave without pay as provided above, upon presenting to the appointing authority a written certificate from the attending physician that the employee is released to return to work,s/he shall resume regular duties within two (2) work days.

F. COVID-Related Temporary Benefits:

The City granted employees that were unable to perform their regular duties due to COVID19 related impacts, emergency paid administrative leave beginning March 17, 2020 ("EPAL"). Beginning April 30, 2020, the City stopped providing EPAL and members of NAME that were unable to work and were thus required to shelter in place had access, and agreed to utilize, up to 80 hours of Emergency Paid Sick Leave.

Members of NAME that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees that are members of NAME are eligible for up to 120 hours of AAL based on 3 weeks of regularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AALbased on 3 weeks of regularly scheduled part-time hours. AAL will be reduced proportionately hour for hour by the amount of EPAL that a member of NAME used. For example, if a full time employee member of NAME partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that member would have 60 hours of AAL, while if a part time employee member of NAME that is regularly scheduled for 30 hours per week (and is thus eligible Packet Page 660
16 for up to 90 hours of AAL) utilized 60 hours of EPAL, that member would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

The City shall allow regular full-time employees represented by the Association to convert a maximum of eight (8) hours of sick leave to personal leave during each fiscal year. The 8 hours of converted personal leave is to be used for unforeseen, unplanned, emergency situations not due to illness, in which advanced approval is not possible so the use of vacation and compensatory time is not allowed, or for furlough.

B. Regular Part-Time Employees
All regular part-time employees represented by the Association shall be granted a maximum of one (1) hour of personal leave with pay each fiscal year.

The City shall allow regular part-time employees represented by the Association to convert four (4) to seven (7) hours of sick leave to personal leave based on actual hours worked or budgeted to work. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration during the fiscal year.

XIII. LEAVE OF ABSENCE WITHOUT PAY
A. Regular Full-Time Employees
Regular full-time employees represented by the Association with 40 hours or less of accrued leave shall be eligible for a leave of absence without pay as specified in the Personnel Rules and Regulations.

B. Regular Part-Time Employees
Regular part-time employees represented by the Association with 20 hours or less (20-25 hour employees) or 30 hours or less (30-35 hour employees) of accrued leave shall be eligible for a leave of absence as specified in the Personnel Rules and Regulations.

C. An approved leave of absence without pay of less than thirty (30) days shall have no effect on the employee's seniority date. An employee's seniority date shall be adjusted for authorized absence without pay of thirty (30) days or more, not including protected leaves. The seniority date shall be adjusted one month for each month that an employee was on leave without pay. (See Section III-Definitions, Paragraph G.)
D. Leave of absence without pay can be used toward the holiday furlough per Section VIII-Hours of Work, Section E-Holiday Work Schedule, regardless of the number of hours of accrued leave an employee has.

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17 XIV. OVERTIME
A. Work Week
The workweek for employees on standard and alternate work schedules represented by the Association are defined in Section VIII-Hours of Work, A and C, respectively.

B. Work Day
The work day is established by the Work Schedule Agreement. For full-time employees, a regular work day as described in this section is equal to the number of hours an employee is scheduled to work on any day of the week, 12:01 a.m. to 12:00 midnight, with the following exception: those employees on a 9/76 or 9/80 schedule must continue to abide by their assigned schedule on their eight (8) hour work day. On this day, a regular work day is four (4) hours work time prior to the workweek start time, and four (4) hours work time after the workweek start time.

C. Overtime Work
Any hours worked in excess of forty (40) hours per week shall be classed as overtime work. All hours paid shall be counted toward the forty (40) hour threshold for purposes of determining if an employee is entitled to receive overtime compensation, except: 1) sick leave; and 2) vacation leave that is not requested and approved at least two weeks prior to the scheduled time off. In the event of a designated emergency, sick leave hours will be counted toward the forty (40) hour threshold. Work performed by regular part-time employees in excess offorty (40) hours of actual work in a scheduled workweek shall be classed as overtime work.

The city may require employees to work more than the scheduled workday or workweek.

Nothing in this section shall preclude the right of management to adjust a work schedule during a seven-day work period to accommodate the needs of an employee or when the best interests of the City may be served by such adjustment.

D. Compensation for Overtime Work
Overtime work approved by the supervisor shall be compensated at the rate of time and onehalf the straight time rate in the form of pay or compensatory time, at the election of the employee, up to a maximum of eighty (80) hours.

An employee who has accrued the maximum number of compensatory hours shall receive overtime compensation in pay at the rate of time and one-half the straight time rate for any additional approved overtime hours worked.

Accrued compensatory time may be used by an employee at their discretion, subject to the approval of the department head.

Compensatory time accrual may be cashed-out for up to eighty (80) hours per fiscal year. Cash out will be in November and April of the fiscal year. This cash-out option will terminate after the November 2022 cash out.

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18 Effective December 2022, accrued compensatory time in each calendar year shall be paid out in the last full pay period of December of that same calendar year. Compensatory time may not be accrued between the date of the end of the last full pay period in December and December 31 st
.

Time worked during that time period will be paid.

E. Scheduled Overtime
An employee who has been scheduled and notified at least twenty-four (24) hours in advance to return to work on overtime more than two (2) hours after the end or two (2) hours before the beginning of a shift, on non-flexed holidays, or on non-flexed scheduled days off,shall receive upon reporting to work a minimum of two (2) hours of work, or if two (2) hours of work is not furnished, a minimum of two (2) hours of pay. Overtime will be paid for non-flexed scheduled days off and/or non-flexed holidays at the overtime rate for all hours worked in excess of forty (40) hours. All hours paid shall be counted toward the forty (40) hour threshold for purposes of determining if an employee is entitled to receive overtime compensation with the exception of:
1) sick leave; and 2) vacation leave that is not requested and approved at least two weeks prior to the scheduled time off.

F. Unscheduled Overtime - Call Back Pay
An employee who has been notified less than twenty-four (24) hours in advance to return to work on overtime between 6:00 a.m. and 11:59 p.m. on their regularly scheduled work day shall receive upon arriving to work a minimum of three (3) hours of work at the overtime rate, or if three (3) hours of work is not furnished, a minimum of three hours of pay at the overtime rate. If three (3) hours of work is not furnished and the employee is released then called back and returns to work within the same three (3) hour time period, only one minimumshall apply.

If four (4) hours of work is not furnished and the employee is released then called back and returns to work within the same four (4) hour period, only one minimum shall apply.

G. Alternate Work Schedule Overtime
Should subsequent legislation, either at the State or Federal level, require the payment of overtime for work beyond eight (8) hours in a single day, the alternate work schedule will be discontinued.

H. Work Schedule Flexing
With reasonable advanced notice, employees may be assigned to shifts outside of their normal work schedule, to include early morning, evening, weekend and/or holidays. For hours worked up to forty (40) hours in the flexed work week, employees will be paid straight time.

I. Designated Emergencies
Notwithstanding any other provision, all hours actually worked as a result of a designated emergency shall be compensated at the overtime rate of time and one half for all hours over Packet Page 663
19 forty (40) per week. All hours paid shall be counted toward the forty (40) hour work week for purposes of determining if an employee is entitled to receive overtime compensation including sick time. The designation of an emergency shall be at the sole discretion of the City.

XV. ACTING/SPECIAL ASSIGNMENT PAY
A. Regular full-time and regular part-time employees may be assigned to perform the duties of a regular position in a higher classification on a temporary basis. Such assignments shall be termed "acting assignments" and shall be made subject to the following conditions:

1. Acting assignments shall be made by the department head only, with City Manager approval, and shall be made with written notification to the acting employee.

2. Acting assignments shall be made only in those instances where the acting employee is required to perform all or substantially all of the duties and responsibilities of the higher level position for which the employee is acting.

3. Acting pay shall be an increase above the acting employee's compensation base of five percent (5%) or the bottom of the higher classification, whichever is greater. An employee shall not receive an increase that is higher than the top of the range of the higher classification.

4. Acting pay shall be effective the date the employee assumes the duties of the higher position, provided he/she is designated in writing by the department head.

B. The City agrees to pay Landscape & Park Maintenance I/II and Senior Landscape & Park Maintenance Worker employees certified to spray pesticides 5% above their compensation base pay for actual time performing pesticide spraying.

C. Effective July 1, 2019, the City agrees to pay regular full-time employees bilingual assignment pay of $100.00 per month. Regular part-time employees scheduled to work 30-35 hours per week will receive bilingual assignment pay of $75 per month and regular part-time employees scheduled to work 20-25 hours per week will receive bilingual assignment pay of $50 per month.

Eligibility for bilingual assignment pay shall be made subject to the conditions listed in Administrative Regulation 0522.

D. Nothing in this section shall preclude the temporary assignment of an employee to perform some of the duties of a higher classification for the purpose of providing training in the work of the higher classification. Such temporary training assignments shall not constitute an acting assignment within the meaning of this section.

It is understood that the provisions of this section shall not be interpreted as requiring the City to fill each temporary vacancy by an acting assignment.

XVI. HOLIDAYS
A. Holidays
The following days shall be recognized as municipal holidays for pay purposes for regular fulltime and part-time employees represented by the Association:

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20  January 1, New Year's Day
 Third Monday in January, Martin Luther King, Jr. Day
 Third Monday in February, Presidents Day
 Last Monday in May, Memorial Day
 July 4, Independence Day
 First Monday in September, Labor Day
 November 11, Veterans Day
 Thanksgiving Day
 Friday following Thanksgiving Day
 December 24, Christmas Eve Day
 December 25, Christmas Day
 Two Floating Holidays, to be scheduled subject to department head approval.

When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

B. The floating holiday must be scheduled and used during the fiscal year.

C. If an employee’s hire date falls between July 1 and December 31, the employee will be eligible for the floating holiday during the current fiscal year. If an employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holiday beginning July 1, in the next fiscal year.

D. Holidays shall not be carried over from one fiscal year to another. Upon termination, an unused holiday cannot be converted to cash.

E. Holiday Compensation
Regular full-time employees on standard or alternate work schedules will receive eight (8) hours of pay for each holiday that falls on a scheduled workday.

Closed Holiday credits and debits will be calculated for each employee by Payroll and will be funded in the employee’s Floating Holiday Bank on July 1 for the current fiscal year. Closed Holiday Credits are subject to all the benefits and restrictions of a Floating Holiday. They have no cash value and cannot be carried over from one fiscal year to the next fiscal year. If the employee separates from service before the end of the fiscal year, no further adjustments in the Closed Holiday Credits will be made.

Employees on other alternate work schedules (e.g., the 9/76, or 9/80 bi-weekly schedules) must use additional accrued vacation or compensatory time to account for the remaining half-hour(s) or hour(s). If the employee does not have any accrued leave available to be charged for the additional half-hour(s) or hour(s) for the holiday, the employee shall be charged with leave without pay.

Regular part-time employees will receive pro-ration of holidays based on actual hours worked or budgeted to work. For example, an RPT employee who works 35 hours per week will receive 7 hours of pay per holiday. An RPT employee who works 24 hours per week will receive 4.8 hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration. Holiday hours are accrued as follows:

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21 Work Schedule Holiday Pay
20-25 work hours 4-5 hours per holiday
30-35 work hours 6-7 hours per holiday
XVII. BEREAVEMENT LEAVE
Regular full-time employees may be granted up to a maximum of forty (40) hours of bereavement leave where there has been a death of a husband, wife, domestic partner, sister, brother, mother, stepmother, father, stepfather, grandparent, grandchild, grandparent-in-law, mother-in-law, fatherin-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law of an employee in order that the employee may attend last rites and attend to any pressing matters resulting from the death. A maximum of eighty (80) hours of bereavement leave may be granted for the death of a son, daughter, stepson, or stepdaughter.

Regular part-time employees shall be eligible for prorated bereavement leave based on actual hours worked or budgeted to work. For example, an RPT employee who works 35 hours per week will receive up to a maximum of 35 hours of bereavement leave. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

Bereavement leave will be prorated as follows:

Work Schedule Prorated Bereavement Leave
20-25 work hours up to a maximum of 20-25 hours
30-35 work hours up to a maximum of 30-35 hours
XVIII. EDUCATIONAL REIMBURSEMENT OF TUITION FEES AND BOOK COSTS A. Regular full-time and regular part-time employees are eligible on a first-come, first served basis for the educational reimbursement of tuition fees and book costs.

B. The City shall establish a fund of $14,000 which shall be the City'stotal obligation for financing tuition fees and required textbook costs for job-related academic courses, courses taken in pursuit of a college degree, or education undertaken to maintain or improve skills related to work performance in the employee's current position. Reimbursement to individual employees approved by the department head shall be for courses attended during the term of this Memorandum of Understanding and shall not exceed $4,000 per employee per fiscal year.

Should monies remain in the fund at the end of the fiscal year, the funds will be distributed equitably among employees that had eligible expenses beyond the $4,000 per employee limit, up to their maximum expense incurred. Reimbursements taxable under the IRS will be taxed to comply with IRS regulations.

1. Eligible employees shall request written approval from their respective department heads to be reimbursed for courses or approved fees authorized under this provision prior to registration in the course or educational program.

2. Reimbursement shall be made for all tuition fees and required textbook costs of satisfactorily completed, City-approved courses directly related to the employee's job. In the event that an employee’s educational program is unable to identify the specific cost associated with a specific course, reimbursements will be processed based on the average course cost using the following formula:

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22 Total educational program fees (e.g., B.S/B.A degree programs) divided by the total number of courses required to obtain the degree will equal the average course fee.

3. Satisfactory completion shall mean the attainment of a course grade of "C" or better or documentation of satisfactory completion acceptable to the City. No reimbursement shall be made to employees who either unsatisfactorily complete or withdraw from an approved course or educational program.

4. Reimbursement shall be processed upon evidence of the successful completion of a course(s).

5. The City shall not provide reimbursement for any personal vehicle mileage or any expense other than tuition fees and required textbook costs.

C. Reimbursement shall be achieved by following the instructions listed on the back of the “Request for Educational Reimbursement” form, available electronically on the citywide information system or through the Human Resources office.

D. Required textbooks for which the employee was reimbursed shall become the property of the employee.

This policy does not guarantee that such disruption shall not occur; however, the Department Head shall insure that a reasonable effort will be made to avoid such disruptions when it may be achieved without inconvenience to departmental operations.

In the event that some activity of the educational program is to take place during the employee's duty hours, it shall be the responsibility of the employee to make the necessary arrangements for personal time off.

In this regard, the employee may make whatever arrangements are possible; however, the needs of the Department shall be of primary consideration in these situations.

This policy is not intended to serve as a directive to employees to conduct personal education programs beyond the programs required and/or provided by the City. The course work referred to here is that which is undertaken voluntarily by the employee and not subject to remuneration under provisions of the Fair Labor Standards Act.

XIX. PERSONNEL REDUCTION PROCEDURE
A. The Personnel Reduction Procedure set forth in the Personnel Rules and Regulations including Work Schedule Reductions In Lieu of Layoff shall apply to regular full-time and regular parttimeemployees represented by NAME.

B. Eligibility for PST Employment Following Lay Off
Employees who have been the subject of layoff are eligible to be considered for Part-Time, Packet Page 667
23 Seasonal, Temporary (PST) employment to work in positions in the City of Newark as described below:

1. An employee who is the subject of layoff can apply for a Part-Time Seasonal position in the same or in a different job class performing the same or different job duties as the employee held and performed as a regular or full-time employee;

2. City will consider the employee who is the subject of layoff for the Part-Time Seasonal position for which the employee applied;

3. City may or may not hire the employee for that Part-Time Seasonal position at the discretion of the City;

4. Employee will be compensated at the Part-Time Seasonal position rate of pay;

5. If employee is hired as a Part-Time Seasonal employee, the employee will remain on the Reinstatement List and the time on the Reinstatement List will not be interrupted;

6. Time worked as a Part-Time Seasonal employee does not count toward seniority;

7. If the employee is hired as a Part-Time Seasonal employee and the employee is eligible in the PERS Retirement System, the City will re-enroll employee in the PERS Retirement Plan and employee and the City will make appropriate retirement contributions.

XX. GRIEVANCE PROCEDURE
Any dispute between the City and an employee represented by the Association regarding the interpretation or application of this Memorandum of Understanding shall be considered a grievance.

A grievance may be filed by an employee on their own behalf or by the President of the Association or their designated representative affecting the rights of an employee or employees pursuant to this agreement who is represented by the Association. For purposes of this section, all notices required herein shall be affected when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the time, place, and person served. Notice may also be served by addressing said notice to the City supervisor involved at the City Administration Building or the employee at their home address as shown in the Human Resources Department, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered received upon deposit in the U.S. Mail postage prepaid.

A written grievance shall contain a complete statement of the grievance, the alleged facts upon which the grievance is based, the reasons for the grievance, the remedy requested, and the sections of this agreement alleged to have been violated. The grievance shall be signed and dated by the employee or the President of the Association on behalf of an employee or employees represented by the Association.

Hearings on grievances and actual filing of grievances may be processed during normally scheduled working hours. All other activities related to the employee's preparation and processing of the appeal shall be done outside of scheduled working hours. No employee or Association representative shall be entitled to any additional compensation or premium pay for any time spent in preparing or processing grievances. No grievances shall be processed during periods of overtime.

The employee or the Association shall pay for the time and expenses of their (its) representatives and witnesses through all stages of the grievance procedure. Witnesses who are City employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the Association shall be Packet Page 668
24 permitted to be present without loss of compensation during hearings on grievances.

Time limits set forth herein for processing of the grievance procedure are of the essence of this procedure and are to be strictly complied with. Time limits may be extended only by written mutual agreement of the employee and/or Association and the supervisor conducting a hearing.

Any grievance not filed or appealed by the employee within the time limits specified shall be considered settled on the basis of the last disposition given. In the event the grievance is not answered by the City within the time limits set forth herein, the employee and/or the Association on behalf of the employee may take the grievance to the next higher step in the grievance procedure within the time limits provided.

No resolution of any grievance shall be contrary to the provisions of this Memorandum of Understanding.

Grievances shall be processed in the following manner:

A. Within ten (10) calendar days of the occurrence or ten (10) calendar days from such time as the employee or Association should reasonably have been aware of the occurrence on which a grievance is based, the employee and/or Association representative shall discuss the grievance in a meeting with the immediate supervisor of the employee involved. A two-calendar day extension of this time period will be authorized by the department head, or designee, upon written notice from an employee or the Association that additional time is required to formally submit a grievance.

B. If after such discussion the employee and/or the Association do not believe the problem has been satisfactorily resolved, he/she/it shall have the right, within ten (10) calendar days of the occurrence of the matter to file a formal written grievance of the personnel action with the employee's immediate supervisor.

C. Within ten (10) calendar days of receipt of the notice of formal written grievance, the immediate supervisor shall provide their decision in writing to the employee and/or Association representative.

D. Within ten (10) calendar days of the receipt of the decision from the employee's immediate supervisor, the employee and/or the Association may appeal the grievance by presenting a formal written appeal on the grievance to the appropriate department head, with a copy to the Human Resources Director.

E. Within ten (10) calendar days of receipt of the formal appeal on the grievance, the department head shall provide a written decision to the employee and/or Association.

F. Within ten (10) calendar days of receipt of the department head's decision, the employee and/or the Association may present a formal appeal of the grievance to the City Manager. The City Manager or their designated representative shall make a thorough review of the grievance, meet with the parties involved and provide a written decision to the employee and/or Association within ten (10) calendar days of receipt of the appeal.

G. Within ten (10) calendar days of receipt of the decision of the City Manager, the employee and/or Association may demand in writing to the City Manager that a formal appeal of the grievance be submitted to an independent fact-finder from a list of three qualified fact-finders Packet Page 669
25 submitted to the City by the American Arbitration Association.

1. The City Manager and the employee and/or Association representative shall alternately strike names from the list so furnished and the last name remaining shall be designated as the fact-finder.

2. The City and the employee and/or Association shall share the fees and expenses of the factfinder as well as the cost of making a record of the fact-findings.

3. The rules of conduct of proceedings shall be according to those procedures for expedited fact-finding utilized by the American Arbitration Association.

4. The City and the employee both hold the right to be represented by an attorney or a representative of the Association.

5. If either of the parties does not accept the decision of the fact-finder that party may appeal to a Court of competent jurisdiction to hear the matter based on the transcript of evidence submitted to the fact-finder and conclusions of the fact-finder.

XXI. MANAGEMENT RIGHTS CLAUSE
The City, through its City Council and management representatives, shall have and retain the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services and the exclusive decision-making authority on matters not expressly modified by specific provisions of this Memorandum. Such rights, as defined herein below, shall be exercised in all respects consistent with law and the specific provisions of this Memorandum of Understanding.

The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and employment rules and regulations consistent with law and the specific provisions of this Memorandum of Understanding, to direct its employees to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the method, means and personnel by which the City services are to be provided including the right to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community. The foregoing rights shall not be subject to the grievance procedure except as provided herein.

XXII. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATES INTERNAL

REVENUE CODE
A. Pick-up of Employee Contributions

1. Pursuant to the provisions of this Agreement, the employer shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the employer in lieu of employee contributions.

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26 2. Employee contributions made under Paragraph 1 of this Article shall be paid from the same source of funds as used in paying the wages to affected employees.

3. Employee contributions made by the employer under Paragraph 1 of this article shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this agreement.

4. The employee does not have the option to receive the employer-contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

B. Wage Adjustment
Notwithstanding any provision in the current agreement to the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the employer pursuant to the provisions hereof.

C. Limitations to Operability
This Article shall be operative only as long as the City of Newark pick-up of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code.

If any of the aforementioned stated provisions of Section 414 (h) (2) of the United States Internal Revenue Code are changed during the term of this Memorandum of Understanding, the Association has the right to reopen negotiations only with regard to this section of this Memorandum of Understanding.

XXIII. FULL UNDERSTANDING, MODIFICATION AND WAIVER
The parties to this Memorandum of Understanding acknowledge and agree that this Memorandum constitutes the result of meeting and conferring in good faith in accordance with Section 3500, et seq of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this Memorandum. This Memorandum supersedes and replaces all prior Memoranda of Understanding executed heretofore.

The Memorandum of Understanding contains the full and entire understanding of the parties regarding the matters set forth herein. Existing practices and/or benefits which are not referenced in the Memorandum of Understanding and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process. The City assures the Association that unless changes are warranted by operational necessity it does not intend, nor does it anticipate during the term of this Memorandum of Understanding, any change, modification or cancellation of wages, hours, and working conditions which are subject to meet and confer and which are presently in effect or contained in this Memorandum.

XXIV. SEPARABILITY
Notwithstanding any other provision in this Agreement to the contrary, in the event that any Article or subsections thereof, of this Agreement shall be declared invalid by any Court of competent jurisdiction, or by any applicable state or federal law or regulation, or should a decision by any Court of competent jurisdiction, or any applicable state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the City, the parties shall meet and confer on the Article or subsections thereof affected. In such event, all other provisions of this Agreement not affected shall continue in full force and effect.

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27 ATTACHMENT A
Regular Full-Time / Part-Time Classifications
Newark Association of Miscellaneous Employees
Classifications
Accounting Assistant I Information Technology Technician I Accounting Assistant II Information Technology Technician II Admin Support Specialist I Landscape Inspector
Admin Support Specialist II Landscape & Parks Maintenance Worker I Aquatic Activities Specialist Landscape & Parks Maintenance Worker II Aquatics Coordinator Lead Child Care Instructor
Building Inspector I Permit Technician
Building Inspector II Public Works Inspector
Building Mechanic I Recreation Coordinator
Building Mechanic II Senior Admin Support Specialist
Cashier Senior Building Inspector
Child Care Instructor Senior Building Mechanic
Collections Assistant Senior Equipment Mechanic
Community Preservation Specialist Senior Landscape Inspector Engineering Aide I
Senior Landscape & Parks Maintenance
Worker
Engineering Technician I Senior Street Maintenance Worker Engineering Technician II Street Maintenance Worker I
Engineering Technician III Street Maintenance Worker II Equipment Mechanic I Street Maintenance Worker Lead
Equipment Mechanic II Vehicle Abatement Officer
Field Assistant Youth Instructor I
General Laborer Youth Instructor II
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28 ATTACHMENT B
SALARY LIST – EFFECTIVE 07/01/2022 *Monthly salaries are based on a 40 hour work week ACCOUNTING ASSISTANT I Step FY 2023 FY 2024 FY 2025
1 $34.49 $35.52 $36.59
2 $35.96 $37.04 $38.15
3 $37.58 $38.71 $39.87
4 $39.24 $40.42 $41.63
5 $41.07 $42.30 $43.57
ACCOUNTING ASSISTANT II Step FY 2023 FY 2024 FY 2025
1 $37.92 $39.06 $40.23
2 $39.60 $40.79 $42.01
3 $41.34 $42.58 $43.86
4 $43.18 $44.48 $45.81
5 $45.17 $46.53 $47.93
ADMIN SUPPORT SPECALIST I Step FY 2023 FY 2024 FY 2025
1 $31.24 $32.18 $33.15
2 $32.59 $33.57 $34.58
3 $34.00 $35.02 $36.07
4 $35.53 $36.60 $37.70
5 $37.04 $38.15 $39.29
ADMIN SUPPORT SPECALIST II Step FY 2023 FY 2024 FY 2025 1 $34.11 $35.13 $36.18
2 $35.63 $36.70 $37.80
3 $37.20 $38.32 $39.47
4 $38.89 $40.06 $41.26
5 $40.60 $41.82 $43.07
AQUATIC ACTIVITIES SPECIALIST Step FY 2023 FY 2024 FY 2025 1 $27.04 $27.85 $28.69
2 $28.44 $29.29 $30.17
3 $29.83 $30.72 $31.64
4 $31.32 $32.26 $33.23
5 $32.88 $33.87 $34.89
AQUATICS COORDINATOR Step FY 2023 FY 2024 FY 2025
1 $39.54 $40.73 $41.95
2 $41.31 $42.55 $43.83
3 $43.17 $44.47 $45.80
4 $45.07 $46.42 $47.81
5 $47.05 $48.46 $49.91
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29 BUILDING INSPECTOR I Step FY 2023 FY 2024 FY 2025
1 $50.82 $52.34 $53.91
2 $53.13 $54.72 $56.36
3 $55.60 $57.27 $58.99
4 $58.20 $59.95 $61.75
5 $60.87 $62.70 $64.58
BUILDING INSPECTOR II Step FY 2023 FY 2024 FY 2025
1 $53.36 $54.96 $56.61
2 $55.79 $57.46 $59.18
3 $58.38 $60.13 $61.93
4 $61.11 $62.94 $64.83
5 $63.92 $65.84 $67.82
BUILDING MECHANIC I Step FY 2023 FY 2024 FY 2025
1 $38.07 $39.21 $40.39
2 $39.99 $41.19 $42.43
3 $41.98 $43.24 $44.54
4 $44.10 $45.42 $46.78
5 $46.30 $47.69 $49.12
BUILDING MECHANIC II Step FY 2023 FY 2024 FY 2025
1 $41.94 $43.20 $44.50
2 $44.04 $45.36 $46.72
3 $46.25 $47.64 $49.07
4 $48.57 $50.03 $51.53
5 $50.98 $52.51 $54.09
CASHIER Step FY 2023 FY 2024 FY 2025
1 $34.76 $35.80 $36.87
2 $36.30 $37.39 $38.51
3 $37.94 $39.08 $40.25
4 $39.62 $40.81 $42.03
5 $41.36 $42.60 $43.88
CHILD CARE INSTRUCTOR Step FY 2023 FY 2024 FY 2025
1 $24.30 $25.03 $25.78
2 $25.53 $26.30 $27.09
3 $26.82 $27.62 $28.45
4 $28.16 $29.00 $29.87
5 $29.58 $30.47 $31.38
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30 COLLECTIONS ASSISTANT Step FY 2023 FY 2024 FY 2025
1 $37.92 $39.06 $40.23
2 $39.60 $40.79 $42.01
3 $41.34 $42.58 $43.86
4 $43.18 $44.48 $45.81
COMMUNITY PRESERVATION Step FY 2023 FY 2024 FY 2025
SPECIALIST 1 $42.37 $43.64 $44.95
2 $44.30 $45.63 $47.00
3 $46.32 $47.71 $49.14
4 $48.46 $49.91 $51.41
5 $50.71 $52.23 $53.80
ENGINEERING AIDE I Step FY 2023 FY 2024 FY 2025
1 $36.95 $38.06 $39.20
2 $38.58 $39.74 $40.93
3 $40.31 $41.52 $42.77
4 $42.11 $43.37 $44.67
5 $44.02 $45.34 $46.70
ENGINEERING TECHNICIAN I Step FY 2023 FY 2024 FY 2025
1 $43.85 $45.17 $46.53
2 $45.80 $47.17 $48.59
3 $47.89 $49.33 $50.81
4 $50.10 $51.60 $53.15
5 $52.37 $53.94 $55.56
ENGINEERING TECHNICIAN II Step FY 2023 FY 2024 FY 2025
1 $46.97 $48.38 $49.83
2 $49.12 $50.59 $52.11
3 $51.37 $52.91 $54.50
4 $53.74 $55.35 $57.01
5 $56.22 $57.91 $59.65
ENGINEERING TECHNICIAN III Step FY 2023 FY 2024 FY 2025 1 $50.82 $52.34 $53.91
2 $53.14 $54.73 $56.37
3 $55.61 $57.28 $59.00
4 $58.20 $59.95 $61.75
5 $60.88 $62.71 $64.59
Packet Page 675
31 EQUIPMENT MECHANIC I Step FY 2023 FY 2024 FY 2025
1 $39.16 $40.33 $41.54
2 $41.10 $42.33 $43.60
3 $43.17 $44.47 $45.80
4 $45.32 $46.68 $48.08
5 $47.59 $49.02 $50.49
EQUIPMENT MECHANIC II Step FY 2023 FY 2024 FY 2025
1 $43.11 $44.40 $45.73
2 $45.25 $46.61 $48.01
3 $47.52 $48.95 $50.42
4 $49.90 $51.40 $52.94
5 $52.38 $53.95 $55.57
FIELD ASSISTANT Step FY 2023 FY 2024 FY 2025
1 $26.63 $27.43 $28.25
2 $28.02 $28.86 $29.73
3 $29.38 $30.26 $31.17
4 $30.86 $31.79 $32.74
5 $32.40 $33.37 $34.37
GENERAL LABORER Step FY 2023 FY 2024 FY 2025
1 $28.46 $29.31 $30.19
2 $29.89 $30.79 $31.71
3 $31.39 $32.33 $33.30
4 $32.96 $33.95 $34.97
5 $34.60 $35.64 $36.71
INFORMATION TECHNOLOGY Step FY 2023 FY 2024 FY 2025
TECHNICIAN I 1 $38.83 $39.99 $41.19
2 $40.76 $41.98 $43.24
3 $42.79 $44.07 $45.39
4 $44.93 $46.28 $47.67
5 $47.18 $48.60 $50.06

INFORMATION TECHNOLOGY

TECHNICIAN II
Step FY 2023 FY 2024 FY 2025
1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.54 $48.97 $50.44
4 $49.92 $51.42 $52.96
5 $52.43 $54.00 $55.62
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32 LANDSCAPE INSPECTOR Step FY 2023 FY 2024 FY 2025
1 $36.55 $37.65 $38.78
2 $38.37 $39.52 $40.71
3 $40.29 $41.50 $42.75
4 $42.30 $43.57 $44.88
5 $44.42 $45.75 $47.12
LANDSCAPE & PARKS MAINTENANCE Step FY 2023 FY 2024 FY 2025 WORKER I 1 $35.57 $36.64 $37.74
2 $37.35 $38.47 $39.62
3 $39.22 $40.40 $41.61
4 $41.17 $42.41 $43.68
5 $43.24 $44.54 $45.88
LANDSCAPE & PARKS MAINTENANCE Step FY 2023 FY 2024 FY 2025 WORKER II 1 $39.17 $40.35 $41.56
2 $41.12 $42.35 $43.62
3 $43.19 $44.49 $45.82
4 $45.35 $46.71 $48.11
5 $47.61 $49.04 $50.51
LEAD CHILD CARE INSTRUCTOR Step FY 2023 FY 2024 FY 2025 1 $27.96 $28.80 $29.66
2 $29.36 $30.24 $31.15
3 $30.84 $31.77 $32.72
4 $32.39 $33.36 $34.36
5 $34.02 $35.04 $36.09
PERMIT TECHNICIAN Step FY 2023 FY 2024 FY 2025
1 $39.77 $40.96 $42.19
2 $41.55 $42.80 $44.08
3 $43.43 $44.73 $46.07
4 $45.32 $46.68 $48.08
5 $47.36 $48.78 $50.24
PUBLIC WORKS INSPECTOR Step FY 2023 FY 2024 FY 2025
1 $53.37 $54.97 $56.62
2 $55.80 $57.47 $59.19
3 $58.39 $60.14 $61.94
4 $61.11 $62.94 $64.83
5 $63.92 $65.84 $67.82
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33 RECREATION COORDINATOR Step FY 2023 FY 2024 FY 2025
1 $39.54 $40.73 $41.95
2 $41.31 $42.55 $43.83
3 $43.17 $44.47 $45.80
4 $45.07 $46.42 $47.81
5 $47.05 $48.46 $49.91
SR ADMIN SUPPORT SPECIALIST Step FY 2023 FY 2024 FY 2025 1 $37.52 $38.65 $39.81
2 $39.19 $40.37 $41.58
3 $40.98 $42.21 $43.48
4 $42.76 $44.04 $45.36
5 $44.68 $46.02 $47.40
SR BUILDING INSPECTOR Step FY 2023 FY 2024 FY 2025
1 $55.76 $57.43 $59.15
2 $58.38 $60.13 $61.93
3 $60.87 $62.70 $64.58
4 $63.97 $65.89 $67.87
5 $66.97 $68.98 $71.05
SR BUILDING MECHANIC Step FY 2023 FY 2024 FY 2025
1 $46.19 $47.58 $49.01
2 $48.47 $49.92 $51.42
3 $50.92 $52.45 $54.02
4 $53.46 $55.06 $56.71
5 $56.15 $57.83 $59.56
SR EQUIPMENT MECHANIC Step FY 2023 FY 2024 FY 2025
1 $47.46 $48.88 $50.35
2 $49.83 $51.32 $52.86
3 $52.31 $53.88 $55.50
4 $54.92 $56.57 $58.27
5 $57.69 $59.42 $61.20
SR LANDSCAPE & PARKS Step FY 2023 FY 2024 FY 2025
MAINTENANCE WORKER 1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.56 $48.99 $50.46
4 $49.93 $51.43 $52.97
5 $52.43 $54.00 $55.62
Packet Page 678
34 SR LANDSCAPE INSPECTOR Step FY 2023 FY 2024 FY 2025
1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.56 $48.99 $50.46
4 $49.93 $51.43 $52.97
5 $52.43 $54.00 $55.62
SR STREET MAINTENANCE WORKER Step FY 2023 FY 2024 FY 2025 1 $43.15 $44.44 $45.77
2 $45.30 $46.66 $48.06
3 $47.56 $48.99 $50.46
4 $49.94 $51.44 $52.98
5 $52.44 $54.01 $55.63
STREET MAINTENANCE WORKER I Step FY 2023 FY 2024 FY 2025 1 $35.57 $36.64 $37.74
2 $37.35 $38.47 $39.62
3 $39.22 $40.40 $41.61
4 $41.17 $42.41 $43.68
5 $43.24 $44.54 $45.88
STREET MAINTENANCE WORKER II Step FY 2023 FY 2024 FY 2025 1 $39.17 $40.35 $41.56
2 $41.12 $42.35 $43.62
3 $43.19 $44.49 $45.82
4 $45.35 $46.71 $48.11
5 $47.61 $49.04 $50.51
STREET MAINTENANCE WORKER Step FY 2023 FY 2024 FY 2025
1 $41.16 $42.39 $43.66
2 $43.21 $44.51 $45.85
3 $45.38 $46.74 $48.14
4 $47.64 $49.07 $50.54
5 $50.02 $51.52 $53.07
VEHICLE ABATEMENT OFFICER Step FY 2023 FY 2024 FY 2025
1 $31.08 $32.01 $32.97
2 $32.62 $33.60 $34.61
3 $34.26 $35.29 $36.35
4 $35.96 $37.04 $38.15
5 $37.77 $38.90 $40.07
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35 YOUTH INSTRUCTOR I Step FY 2023 FY 2024 FY 2025
1 $19.47 $20.05 $20.65
2 $20.44 $21.05 $21.68
3 $21.46 $22.10 $22.76
4 $22.52 $23.20 $23.90
5 $23.65 $24.36 $25.09
YOUTH INSTRUCTOR II Step FY 2023 FY 2024 FY 2025
1 $24.30 $25.03 $25.78
2 $25.53 $26.30 $27.09
3 $26.82 $27.62 $28.45
4 $28.15 $28.99 $29.86
5 $29.58 $30.47 $31.38
Packet Page 680
Resolution No. 10958

EXHIBIT A

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK
AND

NEWARK ASSOCIATION OF MISCELLANEOUS EMPLOYEES
JULY 1, 2019
2022

THROUGH
JUNE 30,
20222025

ADOPTED
June 23, 2022
JULY 11,
2019xxxx
Packet Page 681
Resolution No. 10958

TABLE OF CONTENTS
Section Page
I. Recognition 1
II. Term 1
III. Definitions 1
IV. Salary Increase 2
V. Benchmark Classifications 2
VI. Health and Welfare Programs 3
VII. Boot & Jacket Reimbursement and Uniform Allowance 5 VIII. Hours of Work 6
IX. Retirement Benefits 9
X. Vacation Leave 10
XI. Sick Leave 132
XII. Personal Leave 165
XIII. Medical Leave 15
XIIIV. Leave of Absence Without Pay 16
XIV. Overtime 176
XVI. Acting/Special Assignment Pay 198
XVII. Holidays 19
XVIII. Bereavement Leave 21

XVIIIXI
X.

Educational Reimbursement of Tuition Fees & Book Costs 21 XIX. Personnel Reduction Procedure 22
XXI. Grievance Procedure 232
XXII. Management Rights Clause 25
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Resolution No. 10958
XXIII. XXII. Implementation of Section 414(h) (2) of the United States Internal Revenue Code 25
XXIV. XXIII. Full Understanding, Modification and Waiver 26 XXV. XXIV. Separability 26

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
BA.2 Salary List
B Eligibility for PST Employment Following Lay Off
Packet Page 683
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF NEWARK

AND THE

NEWARK ASSOCIATION OF MISCELLANEOUS EMPLOYEES
I. RECOGNITION
The City recognizes the Newark Association of Miscellaneous Employees (NAME), herein referred to as the "Association," as the majority representative for regular full-time and regular part-time miscellaneous employees in the classifications listed in Attachment A. The City also recognizes the Association as the majority representative for any new classifications, which should be assigned to the representation unit by the City Manager.

II. TERM
This agreement shall be in effect from July 1, 2019 2022 through June 30, 20222025.

III. DEFINITIONS
A. "Base Salary." The term "base salary" shall mean salary, excluding benefits.

B. "Compensation Base." The term "compensation base" shall mean the total compensation for regular full-time classifications including consideration for base salary, City's payment of any portion of the employee's contribution to PERS, medical premium, dental premium, vision care, long term and/or short term disability. Total compensation offers choices for employees to select benefit plans suitable to individual needs.

C. "Employees." The term "employees" shall mean those regular full-time and regular part-time employees of the City of Newark occupying classifications represented by the Association. Only those provisions of this Memorandum of Understanding that specifically refer to regular parttime employees shall apply to regular part-time employees.

D. "Flexible Benefit Plan." The term "Flexible Benefit Plan" means a Plan established by the City of Newark pursuant to Section 125 of the Internal Revenue Code to allow employees to pay for medical, and dental and vision premiums as a before-tax conversion of salary.

E. "Regular Part-Time Employees." The term "regular part-time employees" shall mean those employees of the City of Newark who are scheduled to work less than 38 hours per week but at least 20 hours per week on a year-round continuous basis occupying positions specifically authorized as "regular part-time" by the City Manager.

F. "Retirement System." The term "retirement system" shall mean the PERS retirement system as made applicable to the City of Newark under the provisions of the Public Employees' Retirement Law (California Government Code Section 20000, et seq.) Packet Page 684
2 G. "Seniority." The term "seniority" shall mean an employee's date of employment adjusted for any absence without pay of thirty (30) calendar days or more, not including protected leaves. When a leave of absence without pay is 30 days or more, not including protected leaves, adjustments to seniority shall be made by deducting one month of seniority for each month of absence without pay. In calculating seniority adjustments, seniority will not be granted for anymonths where an employee was not actually working or on compensated leave for at least one- half the regularly scheduled workdays in a month. Seniority shall be used for computation of vacation accrual rates, application of layoff procedures, and calculation of anniversary dates. When an employee’s status is changed from regular part-time to regular full-time, the employee’s seniority as a regular full-time employee shall include prorated service credit for service as a regular part-time employee. Prorated service shall be determined based on the employee’s authorized work schedule of half-time or three-quarter time. (Example: Ten years of part-time service in an authorized half-time position would count as five years full-time service credit and in an authorized three-quarter time position would count as 7.5 years full-timeservice credit). The employee’s seniority shall be adjusted to include the prorated service credit.

IV. SALARY INCREASE
A. General Salary Increase and off-salary-schedule lump sum payment:

The salary ranges steps for all classifications represented by the Association shall be increased as follows:
a. Effective July 1, 20192022, salary increase shall be one fourand one half percent (1.54.0%)
b. Effective July 1, 20202023, salary increase shall be one threeand one half percent (3.01.5%)
c. c. Effective July 1, 20212024, salary increase shall be one threeand one half percent (3.01.5%).If by January 1, 2021, the City’s revenues for Fiscal Year 21/22 are projected tobe at least $1,250,000 less than actual revenues for Fiscal Year 20/21, at the request of the City, the parties agree to re-open negotiations on the one and onehalf percent (1.5%) salary increase scheduled for July 1, 2021.

All active NAME employees employed as of July 1, 2019, shall be eligible to receive an offsalary-schedule lump sum payment. The payment shall be $1,000 for full-time NAME employees and pro-rated for part-time NAME employees and shall be provided by no later than September 1, 2019.

The off-salary-schedule lump sum payment of $1,000 is not reportable to CalPERS, consistent with the CalPERS “Off-Salary-Schedule Pay” Circular Letter dated November 10, 2016.

V. BENCHMARK CLASSIFICATIONS
A. The City and Association agree that the following list of Benchmark Classifications will be used by the City for the purpose of compensation surveys of similar labor market classifications within the cities of Fremont, Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

Benchmark Classification Newark Classification
Packet Page 685
3 Accounting Assistant II Accounting Assistant I/II
Cashier
Collections Assistant
Finance Technician I/II
Recycling Assistant
Building Inspector II Buildingldg.

Inspector I/II
Bldg. Inspector II
Community Preservation Specialist
Engineering Technician III
Public Works Inspector
Seniorr. Bldg.uilding
Inspector
Vehicle Abatement Officer
Administrative Support Specialist II Admin. Support Specialist I/II Senior Administrative Support Specialist
Engineering Technician I Engineering Aide I
Engineering Technician I/II
Field Assistant
Permit Technician
Information Systems Technology Technician II Information Systems Specialist Information Systems Technology Technician I/II
Equipment Mechanic II Building Mechanic I/II
Equipment Mechanic I/II
General Laborer
Landscape Inspector
Landscape & Parks Maintenance Worker I/II
Street Maintenance Worker I/II
Street Maintenance Worker Lead
Sr. Senior Building Mechanic
Senior Sr. Equipment
MechanicSenior Sr.

Landscape Inspector
Senior Sr. Landscape & Parks Maintenance
Worker
Senior Sr. Street Maintenance Worker
Recreation Coordinator Aquatics Coordinator
Aquatic Activities Specialist
Child Care Instructor
Lead Child Care Instructor
Recreation Coordinator
Formatted: Right: 2.06", Tab stops: Not at 5.44"
Formatted: Not Expanded by / Condensed by
Packet Page 686
4 Youth Instructor I/II
VI. HEALTH AND WELFARE PROGRAMS
A. Medical Insurance

1. The contribution by the City toward monthly premiums for health and welfare programs of employees represented by the Association shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cash-in-Lieu benefit as provided below in Section 4. The employee shall execute a waiver in the event theemployee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

2. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, City-administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet and confer with the Association regarding the impact of such changes.

3. Effective for with the 2020 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

4. 5. Employee Only: $844

6. Employee + 1 Dependent: $1,687 Employee + 2 or more Dependents: $2,228

7. 8. Effective for the 2021 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

9. 10. Employee Only: $861

11. Employee + 1 Dependent: $1,721 Employee + 2 or more Dependents: $2,273

12. 3. Effective for the 2022 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time 30-35 hours:.

Employee Only: $878
Employee + 1 Dependent: $1,755
Employee + 2 or more Dependents: $2,318

For Regular Part-Time Employees working 20-25 hours:

Employee Only: $439-$549
Employee + 1 Dependent: $878-$1,097
Employee + 2 or more Dependents: $1,159-$1,449
Packet Page 687
5 4. Effective for the 2023 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time 30-35 hours:

Employee Only: $896
Employee + 1 Dependent: $1,790
Employee + 2 or more Dependents: $2,364
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448-$560
Employee + 1 Dependent: $895-$1,119
Employee + 2 or more Dependents: $1,182-$1,478

5. Effective for the 2024 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time 30-35 hours:

Employee Only: $913
Employee + 1 Dependent: $1,826
Employee + 2 or more Dependents: $2,412
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457-$571
Employee + 1 Dependent: $913-$1,141
Employee + 2 or more Dependents: $1,206-$1,507

6. Effective for the 2025 plan year, the City shall contribute to each eligible NAME employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular, Full-Time Employees and Regular Part-Time 30-35 hours:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee + 2 or more Dependents: $1,230-$1,537

13.7. Cash-in-Lieu and Cafeteria Plan Cash Back: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive $450 “cash-in-lieu” of benefits, which includes the PEMHCA minimum per section A.1 above.

Packet Page 688
6 Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive “cashout” up to $450 per month of any money not used for the purchase of employer- offered benefits. Any Cash-in-lieu and cafeteria plan “cashoutcash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working 30-35 hours this amount will be $338-$394- For Regular Part-Time Employees working 20-25 hours this amount will be $225-$281.

14.8. City and Association agree that in the event of any additional federal or state mandates requiring employer contributions for health care coverage, the City and Association shall reopen the memorandum of understanding to meet and confer on the issue of health care premiums and itsimpact on total compensation.

9. The City may explore alternatives to the CalPERS health program, in the interest of offering comprehensive and competitively priced health insurance alternatives to employees.

B. Life Insurance
The City agrees to provide $20,000 term life insurance coverage for regular full-time and regular part-time employees. Effective July 1, 2022, this amount will increase to $50,000 for regular full-time and regular part-time employees. The Association agrees that the total compensation base does not includepremiums for life insurance paid by labor market cities. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

C. Vision Care
The City will continue to offer a family coverage vision plan to Association members.

Association members will cover all costs.

D. Dental Care
The City will continue to offer a family coverage dental plan to Association members.

Association members will cover all costs.

D.E.Long-Term Disability
The City will continue to offer a long-term disability plan to association members on an aftertax payroll deduction basis. Association members will cover all costs.

E.F. Wellness

2. Employees, their spouses or registered domestic partners, and their children and grandchildren 26 years of age and under, will receive resident rates for class registration and Packet Page 689
7 facility rentals.

VII. BOOT & JACKET REIMBURSEMENT AND UNIFORM ALLOWANCE
A. Boot & Jacket Reimbursement
Employees in the positions of Building Inspector I/II, Building Mechanic I/II, Engineering Aide I, Community Preservation Specialist (if serving more than 50% of work time in the field), Engineering Technician I (if serving more than 50% of work time in the field), Equipment Mechanic I (regular part-time), Equipment Mechanic II, Field Assistant, General Laborer, Landscape Inspector, Landscape & Parks Maintenance Worker I/II, Public Works Inspector, Senior Building Inspector, Senior Building Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape & Parks Maintenance Worker, Senior Street Maintenance Worker, Street Maintenance Worker I/II, and Street Maintenance Worker Lead, will be eligible for a sum of $350 annually with the condition that the boots and jacket (if weather conditions warrant) be worn as part of the employee's uniform. If the City is unable to establish a purchase order system with an outside vendor,The payment will be made as a reimbursement for a sales slip or proof of purchase dated during the term of this agreement. Employees are encouraged to request written pre-approval of reimbursement eligibility, prior to purchasing any items.

VIII. HOURS OF WORK
A. Work Scheduleweek
A standard work schedule week for employees represented by the Association shall be 40 hours per week. A standard workweek shall be 40 hours and may consist of five consecutive 8-hour days beginning or ending on any day of the week with days and times set at the sole discretion of the department head and City Manager.

The standard workweek begins at 12:01 a.m. Monday Sunday morning and ends at 12:00 Packet Page 690
8 midnight on SundaySaturday. for all employees who do not work a 9/80 schedule. The workweek begins at the mid-point of the employee’s eight-hour day for employees who work a 9/80 schedule. The beginning and end date and time of the workweek must remain consistent.

B. Flex Time
Subject to prior approval of their supervisors, employees are permitted on a predetermined weekly schedule to select their 8-hour work schedule between 7:00 A.M. and 6:00 P.M.; however, all clerical employees shall be on duty from 9:00 A.M. to 11:00 A.M. and from 2:00 P.M. to 4:00 P.M.

Flex Time will be subject to prior approval of the department head.

C.B.Alternate Work Schedules
Each employee must complete a Work Schedule Agreement form upon hire and whenever their permanent work schedule changes.

Alternative workWork schedules are made available to eligible staff and are governed by the Guidelines for the Alternate Work Schedule for NAME, Confidential, and Management, Supervisory, and Professional Employees and other applicable Administrative Guidelines. will be subject to the approval of the City Manager.

The City reserves the right and shall have the authority to discontinue the alternate work schedule for any reason at any time at its sole discretion.

Association members have the option to request working an alternate work schedule (4/10, 9/76 or 9/80). Eligibility for the assignment to the alternate work schedule includes all regular fulltime and part-time employees represented by the Association provided that in the determination of the department head, the work schedule will not adversely impact the department or city operation, or result in increased costs to the City. Upon request of an eligible employee, the authorization to work an alternate work schedule shall be at the sole discretion of the department head, or the department head and City Manager for 9/76 work schedules. Operational needs of the department shall be the primary consideration in decisions to approve or deny requests.

1. Nine-Eighty Work Schedule (9/80) shall mean a work schedule that equates to 40 hours per week in a two week period. Typically, an employee assigned to this work schedule will work nine hours per day for four days and one day of eight hours in one week (44 hours) and then nine hours per day for four days in the next week (36 hours).

2. Nine-Seventy-Six Work Schedule (9/76) shall mean a work schedule that equates to 38 hours per week in a two week period. Typically, an employee assigned to this work schedule will work eight and one-half hours per day for four days and one day of eight hours in one week (42 hours) and then eight and one-half hours per day for four days in the next week (34 hours). The 9/76 alternate work schedule will continue to be considered full-time.

Employee benefits, leave accruals, seniority and layoff displacement rights will continue to be based on a full-time work schedule.

Packet Page 691
9 3. Four-Ten Work Schedule (4/10) shall mean a work schedule that equates to 40 hours per week. Typically, an employee will work four ten-hour days (40 hours) in each week.

4. The workweek for an alternate work schedule will be set by the Department Head or designee and the Human Resources Director to meet all applicable state and federal laws including the Fair Labor Standards Act.

5. Employees who do not participate in the alternate work schedule may be required to adjust their work schedule to meet the needs of the department or division.

6. An employee’s day off during the work week will be determined by his/her immediate supervisor based on staffing needs of the department. City offices will remain open and services will be available to the public Monday through Friday. Employees participating in the alternate work schedule are encouraged to schedule medical and personal appointments, etc. on their day off to minimize absences at work.

Employees authorized to attend training, seminars, or conferences that are less than their scheduled work shift, will be required to return to work, or use their accrued vacation or compensatory time to account for the remaining hour(s). Travel time to and from the normal work site to the training location shall be included as part of the training time.

D.C.Changes in Work Schedule

1. Employees may make special requests for days off or a change to their work schedule by discussing the change with their supervisor, who will pass any recommendations for changesto the department head for final approval.

1.3. Within a workweek, if an employee or supervisor request a temporary schedule change, “flex time”, the requestor must make a written request and the response must also be in writing, indicating agreement or not. As a general practice, flex time may not be used to avoid an employee’s use of leave for time off requests or to avoid overtime.

1. In certain divisions where there are a limited number of personnel, it may be necessary for staff members to revert to a 5/40 schedule when another member is on vacation or other leave. The supervisor will make the determination on a case-by-case basis.

2. It may be necessary to have staff members revert to a 5/40 schedule for one or more periods due to operational requirements. The employee’s department head or designee shall make the determination regarding the need to revert to a 5/40 schedule.

3. In rare instances, employees may be asked or required to work on their day off. If this occurs, the member will receive compensatory time off or overtime,be compensated in accordance with the
existing MOU and FLSA.

Packet Page 692
10 4.1.If the employee is reassigned to a different work schedule, the department head, whenever possible, will give the employee advance notice of at least two weeks.

5.1.The City reserves the right and shall have the authority to discontinue the alternate work schedule for any reason at any time at its sole discretion.

6. In all cases in which an employee and his/her supervisor agree on a temporary schedule change, a Temporary Schedule Change Agreement form must be completed in advance of the change, and attached to the employee’s time sheet(s) that is affected. Temporary schedule changes must meet the criteria listed on the agreement form and be authorized by Human Resources.

E.D.Holiday Work Schedule
City offices will be closed during the December holiday season. Non-essential employees, as determined by the City Manager, shall participate in a four-day furlough. The City Manager may authorize continuation of some critical services.

1. Employees may use vacation leave, holidays (if applicable), compensatory time, leave credits (if applicable), and/or leave of absence without pay during the four-day absencefurlough.

2. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough. Employees on an approved leave of absence without pay that started before December 10 and extends through or beyond December 31the last full pay period in the calendar year will not be affected by the furlough and will not be eligible for holiday pay.

4. Employees called out shall be entitled to overtime pay in accordance with the call-out provision in the MOU.

5. Employees who elect a leave of absence without pay for the furlough may request up to a four-day salary advance. Repayment of a salary advance for the furlough may be spread over a period of time provided that:
a. there is two weeks advance notice to payroll;
b. the salary advance for a given fiscal year is fully repaid no later than the last full pay period of the calendar year, by May 31so all payments occur within the same calendar and of that fiscal year of the furlough; and
c. payments begin no later earlier than January July 1 of the fiscal impacted calendar year.

Salary advances for regular part-time employees may be up to the amount of hours the Formatted: Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:

1.18" + Indent at: 1.43"
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11 employee is regularly scheduled to work during non-furlough workweeks. shall be as follows: Schedules of 20 - 25 hours may receive an advance of 16 hours pay and schedules of 30 - 35 hours may receive
d. This salary advance must be requested by June 1 preceding the furlough. Effective at the start of this term of memorandum, the following phase-in period will apply to the salary continuation program, in order to achieve the goal of repayments occurring within the same fiscal year and calendar year:
a. December 2022 furlough repayment – begins July 2022, must be fully repaid by March 2023. b. December 2023 furlough repayment – begins July 2023, must be fully repaid by the first pay period December 2023.
c. December 2024 furlough repayment – begins July 2024, must be fully repaid by the first pay period December 2024.

6. an advance of 24 hours pay.

7.e.The birthday holiday and fFloating holidays may be used during the furlough.

Association members who are on an alternate work schedule and whose regular day off occurs on a Cityholiday will accrue eight (8) hours of holiday leave per holiday. Those members may apply the accrued holiday(s) leave toward furlough as long as the holiday(s) is accrued prior to use.

8.f. Benefits will not be affected by the furlough and leave and seniority will continue to accrue without deduction or penalty during the furlough period. Nothing in this agreement shall reduce the base salary of employees.

9.g.Employees without sufficient salary to cover deductions for health care or other similar deductions are required to pay for these deductions no later than December 15 of each year. Deductions from salary will be made in the following order: 1) mandatory deductions, 2) health and welfare deductions, 3) judgments, 4) deferred compensation, 5) credit union deductions, 6) association dues. If a different order of priority is desired, employees should contact the Finance DivisionDepartment.

IX. RETIREMENT BENEFITS
A. Classic Members

2. Classic Members shall be provided the 2.5% at 55 formula in accordance with Government Code Section 21354.4 and the Public Employee’s Pension Reform Act of 2013.

3. All Classic Members will contribute the employee contribution rate of eight percent (8%) for the 2.5% at 55 retirement benefit.

4. Additional Contribution Towards Employer Rate.
a. In addition, if the CalPERS Miscellaneous Plan employer actuarial rate for the 2.5% at Formatted: Not Expanded by / Condensed by
Formatted
Formatted
Formatted: Indent: Left: 2.18"
Formatted: Numbered + Level: 1 + Numbering Style:
a, b, c, … + Start at: 4 + Alignment: Left + Aligned at:

1.43" + Indent at: 1.68"
Formatted: Numbered + Level: 1 + Numbering Style:
a, b, c, … + Start at: 4 + Alignment: Left + Aligned at:

1.43" + Indent at: 1.68"
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12 55 formula exceeds 10.00% to a maximum of 16.936%, all Classic Members will contribute a percentage of salary towards the employer rate sufficient to equally share in the cost with the City. In the event that the employer rate for Classic Members exceeds

If the CalPERS Miscellaneous Plan 2.5% at 55 formula employer actuarial rate increased from 10.00% to 1by 3.00%, each Classic Member would contribute an additional 1.50% of his/hertheir salary
to pay towards the employer rate for the retirement benefit. The City would then be responsible for matching the additional 1.50%. If during the subsequent years of this pay plan, the rate decreased from 1 by 3.00% to 11.00%, each Classic Member would contribute .50%no longer contribute the additional 1.50% of his/hertheir salary towards the employer rate to pay for the retirement benefit.

B. PEPRA Members

2. Additional Contribution Towards Employer Rate.
a. In addition, PEPRA Members will contribute the same percentage for the employer rate as Classic Members pay. (currently 3.468%) for a current total of 9.718%. b. The following is for illustrative purposes only:

If Classic Members pay 3.468% of the employer rate, PEPRA Members will pay a total of 3.468% of the employer rate. If the employee rate for PEPRA Members is 6.725%, in this example PEPRA Members would pay the 6.725% employee rate plus an additional

3.468% towards the employer rate for a total of 9.7 10.218%.

3. Notices of increases or decreases in the CalPERS Miscellaneous Plan employer actuarial rate will be provided to an Association Representative in advance of the effective date.

X. VACATION LEAVE
In accordance with the Personnel Ordinance and Personnel Rules and Regulations, annual vacation leave entitlement shall be as follows:

Formatted ...

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13 A. Regular Full-Time Employees
Beginning on the 90th day of employment, regular full-time employees shall be eligible to earn vacation leave. Upon the completion of said period of service, regular full-time employees shall be credited with twenty (20) hours of vacation leave, and shall thereafter accrue vacation leave at the rate provided below:

B. Regular Part-Time Employees
Beginning on the 90th day of employment, regular part-time employees shall be credited with 10-12.5 hours of vacation leave for 20-25 hour employees, or 15-17.5 hours of vacation leave for 30-35 hour employees and shall thereafter accrue vacation leave at the rate provided below:

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to RPT employees on a quarterly basis until the process is automated.

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14 An eligible employee must be actively at work, on certain protected leaves, or on a leave with pay for at least one-half the regularly scheduled work days in a month to accrue vacation leave credit for that month. (One-half the month for regular part-time employees shall not be based on hours worked, but rather the number of regularly authorized workdays.) Current employees designated as "regular part-time" on or before July 1, 1991 shall use their original date for appointment to regular City service as the date for calculating service time to determine the rate of vacation accrual. For appointments after July 1, 1991, rates of accrual will be based on date of appointment to "regular part-time”.

C. Vacation Buy-back
Effective July 1, 2010, upon using one-half of the vacation time accrued during the 12-month period from July 1 through June 30, a regular full-time employee may request to receive pay for up to a total of eighty (80) hours per fiscal year of vacation (sixty (60) to seventy (70) hours for 30 –35 hour employees and forty (40) to fifty (50) hours for 20-25 hour employees) in hourly increments at the current hourly salary rate provided there is a minimum of one (1) week remaining in the employee’s vacation bank after the conversion. For example, an RPT employee working 35 hours per week may request up to a total of 70 hours of vacation buy- back per fiscal year. Requests for vacation buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15.

For calendar year 2022 only, the total amount of vacation eligible for buy-back will be increased one time to 120 hours for regular full-time employees, 100 to 110 for 30-35 hour employees, and 80 to 90 for 20-25 hour employees.

Effective November 2022:

By December 1 of each calendar year, eligible employees who want to cash out accrued vacation leave in the following calendar year shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: The employee may cash out up to 80 hours of vacation. • For regular 30-35 hour part-time employees: The employee may cash out up to 60-70 hours of vacation. • For regular 20-25 hour part-time employees: The employee may cash out up to 40-50 hours of vacation. • To be eligible to cash out, the employee must have used at least one-half of the vacation time accrued during the 12-month period preceding December.
• Employees must have the equivalent of one regular work week remaining in vacation accruals at the time of cash out.
• Employees must submit their Vacation Buy-Back Request Form to Payroll by December 1. This is an irrevocable election by the employee.

For example, to buysell back vacation leave that is accrued in calendar year 2023, a full-time employee must elect by December 1, 2022, how much they want to buysell back. The employee must have used a minimum of 50% of their accrued vacation between Formatted: Indent: Left: 1.13"
Formatted: Indent: Left: 1.5"
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15 December 1, 2021 and November 30, 2022. Employees must further ensure they will have at least one work week of vacation accruals remaining at the time of the buysell back which will occur in December 2023. The sell back will be paid out in the last full pay period of December 2023, which is for calendar year 2023 is paid on December 29, 2023.

D. Maximum Accumulation
Regular full-time employees may accumulate vacation credits according to the following schedule:

Years of Completed Service Maximum accrual
1 through 4 160 hours
5 through 9 240 hours
10 through 14 320 hours
15 through 19 352 hours
20 or more 400 hours
Regular part-time employees may accumulate vacation credits according to the following schedule:
20-25 hour 30-35 hour
Years of Completed Service Maximum accrual Maximum accrual 1 through 4 80-100 hours 120-140 hours
5 through 9 120-150 hours 180-210 hours
10 through 14 160-200 hours 240-280 hours
15 through 19 176-220 hours 264-308 hours
20 or more 200-250 hours 300-350 hours
XI. SICK LEAVE
A. Purpose
The purpose of sick leave is to allow eligible employees who are ill or injured to remain absent from work with pay, or to be used for medical and dental appointments that are unable to be scheduled during non-work hours, within the limitations of this section. Sick leave is granted for recovery from illness or injury so as to be physically able to return to work. This section is intended to comply with all applicable state, federal and local laws regarding sick leave absences.

B. Accrual for Regular Full-Time Employees
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16 Beginning on the 90th day of employment, regular full-time employees accrue sick leave with pay at the rate of eight hours for each calendar month of service. Regular full-time employees shall accumulate unused sick leave at the rate of 96 hours a year to a total of not more than 960 hours.

4.8 hours of sick leave per month. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to RPT employees on a quarterly basis until the process is automated.

Sick leave credit accrued in excess of 120 days (960 hours for full-time, 720-840 hours for 30- 35 hour part-time employees, and 480-600 hours for 20-25 hour part-time employees) shall be placed in the individual's retirement service credit account. Accumulation of retirement service credit shall be unlimited.

E. Administration of Sick Leave
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17 1. In addition to the eight (8) hours of sick leave conversion stated in section XIII. Medical leave, Item A of this M.O.U., wWhen an eligible employee is unable to schedule a medical and/or dental appointment for treatment of an industrial or non-industrial illness or injury during off duty time, with the supervisor approval of the department head, the employee may charge time off for the medical and/or dental appointment to sick leave.

4. In addition to the procedure outlined above, the following procedure, currently in effect, shall be followed by eligible employees with regard to sick leave use:
a. Whenever a department head has reasonable cause to believe that an eligible employee's condition of health is affecting or could affect the employee's ability to work, the department head may require the employee to submit to an examination by a licensed physician selected by the City. If the physician determines that the eligible employee should not be undertaking certain duties required by his/hertheir position classification, the department head may require the employee to use accrued sick leave until sufficiently recovered to return to work.
b. Absence for illness or to care for employees’ sick children, parents, or spouse may not be charged to sick leave not already accumulated by the employee. c. Regular full-time employees who have served less than 90 days with the City shall receive no sick leave. Beginning on the 90th day of employment, the employee shall receive credit for the 90 days of service to the City.
d. An eligible employee absent from duty due to illness or a City job-related injury who has been performing outside employment authorized by the department head shall refrain from working at the outside employment until he/she is fully recovered from the illness or injury.
e. Absences without pay for illness or injury may be granted by the City Manager to a regular full-time or regular part-time employee for a period not to exceed 120 days in a calendar year, provided that an employee who is about to exhaust all sick leave benefits makes a written request for such absence to the department head. The request for absence without pay shall be accompanied by a certificate that the employee is unable to work. f. The department head may require submittal of periodic physician's reports concerning Packet Page 700
18 the employee's condition and ability to return to work, and may require the employee to submit to an examination by a licensed physician selected by the City. The City Manager may order the employee to return to work if the City-selected physician reportsthat the employee is capable of doing so. At any time during the period of sick leave without pay as provided above, upon presenting to the appointing authority a written certificate from the attending physician that the employee is released to return to work, s/he shall resume regular duties within two (2) work days.

F. COVID-Related Temporary Benefits:

The City granted employees that were unable to perform their regular duties due to COVID-19 related impacts, emergency paid administrative leave beginning March 17, 2020 ("EPAL"). Beginning April 30, 2020, the City stopped providing EPAL and members of NAME that were unable to work and were thus required to shelter in place had access, and agreed to utilize, up to 80 hours of Emergency Paid Sick Leave.

Members of NAME that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees that are members of NAME are eligible for up to 120 hours of AAL based on 3 weeks of regularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AALbased on 3 weeks of regularly scheduled part-time hours. A.AL will be reduced proportionately hour for hour by the amount of EPAL that a member of NAME used. For example, if a full time employee member of NAME partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that member would have 60 hours of AAL, while if a part time employee member of NAME that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that member would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

XII. PERSONAL LEAVE
A. Regular Full-Time Employees
All regular full-time employees represented by the Association shall be granted a maximum of two (2) hours of personal leave with pay each fiscal year. allowed The City shall allow regular full-time employees represented by the Association to convert a maximum of eight (8) hours of sick leave to personal leave during each fiscal year. The 8 hours of converted personal leave is to be used for unforeseen, unplanned, emergency situations not due to illness, in which advanced approval is not possible so the use of vacation and Packet Page 701
19 compensatory time is not allowed, or for furlough.

B. Regular Part-Time Employees
All regular part-time employees represented by the Association shall be granted a maximum of one (1) hour of personal leave with pay each fiscal year.

XIII. MEDICAL LEAVE
A. The City shall allow regular full-time employees represented by the Association to convert eight (8) hours of sick leave during each fiscal year to be used for routine medical and dental appointments that cannot be accommodated during normal off-duty hours.

The City shall allow regular, part-time employees represented by the Association to convert four (4) hours to seven (7) hours of sick leave each fiscal year based on actual hours worked or budgeted to work to be used for routine medical and dental appointments that cannot be accommodated during normal off-duty hours. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

XIV.XIII. LEAVE OF ABSENCE WITHOUT PAY
A. Regular Full-Time Employees
Regular full-time employees represented by the Association with 40 hours or less of accrued leave shall be eligible for a leave of absence without pay as specified in the Personnel Rules and Regulations.

XV.XIV. OVERTIME
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20 A. Work Week
The workweek for employees on standard and alternate work schedules represented by the Association are defined in Section VIII-Hours of Work, A and C, respectively.

B. Work Day
The work day is established by the supervisor's appointment of an employee to a standard work schedule or approval of an Alternate Work Schedule Implementation Agreement. For full-time employees, a regular work day as described in this section is equal to the number of hours an employee is scheduled to work on any day of the week, 12:01 a.m. to 12:00 midnight, with the following exception: those employees on a 9/76 or 9/80 schedule must continue to abide by their assigned schedule on their eight (8) hour work day. On this day, a regular work day is four (4) hours work time prior to the workweek start time, and four (4) hours work time after the workweek start time within the hours of 12:01 a.m. to 12:00 midnight.

C. Overtime Work
Any hours worked in excess of forty (40) hours per week shall be classed as overtime work.

All hours paid shall be counted toward the forty (40) hour threshold for purposes of determining if an employee is entitled to receive overtime compensation, except: 1) sick leave; and 2) vacation leave that is not requested and approved at least two weeks prior to the scheduled time off. In the event of a designated emergency, sick leave hours will be counted toward the forty (40) hour threshold. Work performed by regular part-time employees in excess of forty (40) hours of actual work in a scheduled workweek shall be classed as overtime work.

The city may require employees to work more than the scheduled workday or workweek.

Nothing in thissection shall preclude the right of management to adjust a work schedule during a seven-day work period to accommodate the needs of an employee or when the best interests of the City may be served by such adjustment.

Accrued compensatory time may be used by an miscellaneous employee at his/hertheir discretion, subject to the approval of the department head.

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21 Compensatory time accrual may be cashed-out for up to eighty (80) hours per fiscal year. Cash out will be in November and April of the fiscal year. This cash-out option will terminate after the November 2022 cash out.

Effective December 2022, accrued compensatory time in each calendar year shall be paid out in the last full pay period of December of that same calendar year. Compensatory time may not be accrued between the date of the end of the last full pay period in December and December 31st. Time worked during that time period will be paid.

F. Unscheduled Overtime- Call Back Pay
An employee who has been notified less than twenty-four (24) hours in advance to return to work on overtime between 6:00 a.m. and 11:59 p.m. on his/hertheir regularly scheduled work day shall receive upon arriving to work a minimum of three (3) hours of work at the overtime rate, or if three (3) hours of work is not furnished, a minimum of three hours of pay at the overtime rate. If three (3) hours of work is not furnished and the employee is released then called back and returns to work within the same three (3) hour time period, only one minimum shall apply.

An employee who has been notified less than twenty-four (24) hours in advance to return to work on overtime between 12:00 a.m. and 5:59 a.m., holidays, or scheduled days off, shall receive upon arriving to work a minimum of four (4) hours of work at the overtime rate or if four (4) hours of work is not furnished, a minimum of four (4) hours of pay at the overtime rate. If four (4) hours of work is not furnished and the employee is released then called back and returns to work within the same four (4) hour period, only one minimum shall apply.

H. Work Schedule Flexing
With reasonable advanced notice, employees may be assigned to shifts outside of their Formatted: Indent: Left: 1.19"
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22 normal work schedule, to include early morning, evening, weekend and/or holidays. For hours worked up to forty (40) hours in the flexed work week, employees will be paid straight time.

I. Designated Emergencies
Notwithstanding any other provision, all hours actually worked as a result of a designated emergency shall be compensated at the overtime rate of time and one half for all hours over forty (40) per week. All hours paid shall be counted toward the forty (40) hour work week for purposes of determining if an employee is entitled to receive overtime compensation including sick time. The designation of an emergency shall be at the sole discretion of the City.

XVI.XV. ACTING/SPECIAL ASSIGNMENT PAY
A. Regular full-time and regular part-time employees may be assigned to perform the duties of a regular position in a higher classification on a temporary basis. Such assignments shall be termed "acting assignments" and shall be made subject to the following conditions:

1. Acting assignments shall be made by the department head only, with City Manager approval, and shall be made with written notification to the acting employee.

4. Acting pay shall be effective the date the employee assumes the duties of the higher position, provided he/she is designated in writing by the department head.

B. The City agrees to pay Landscape &Park Maintenance I/II and Senior Landscape & Park Maintenance Worker employees certified to spray pesticides 5% above their compensation base pay for actual time performing pesticide spraying.

Eligibility for bilingual assignment pay shall be made subject to the conditions listed in Administrative Regulation 0522.

Formatted: Indent: Left: 1.18", Space Before: 0 pt
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23 It is understood that the provisions of this section shall not be interpreted as requiring the City to fill each temporary vacancy by an acting assignment.

XVII.XVI. HOLIDAYS
A. Holidays
The following days shall be recognized as municipal holidays for pay purposes for regular fulltime and part-time employees represented by the Association:
 January 1, New Year's Day
 Third Monday in January, Martin Luther King, Jr. Day
 Third Monday in February, Presidents Day
 Last Monday in May, Memorial Day
 July 4, Independence Day
 First Monday in September, Labor Day
 November 11, Veterans Day
 Thanksgiving Day
 Friday following Thanksgiving Day
 Last work day before ChristmasDecember 24, Christmas Eve Day  December 25, Christmas Day
 Employee's Birthday, to be taken within the fiscal year of the employee's birthday, subject to department head approval.
 Two Floating Holidays, to be scheduled subject to department head approval.

B. The employee birthday holiday and the Ffloating holidays must be scheduled and used during the fiscal year.

D. Holidays shall not be carried over from one fiscal year to another. Upon termination, an unused holiday cannot be converted to cash.

E. Holiday Compensation
Regular full-time employees on standard or alternate work schedules will receive eight (8) hours of pay for each holiday that falls on a scheduled workday.

Closed Holiday credits and debits will be calculated for each employee by Payroll and will be funded in the employee’s Floating Holiday Bank on July 1 for the current fiscal year. Closed Holiday Credits are subject to all the benefits and restrictions of a Floating Holiday. They have Packet Page 706
24 no cash value and cannot be carried over from one fiscal year to the next fiscal year. If the employee separates from service before the end of the fiscal year, no further adjustments in the Closed Holiday Credits will be made.

When an employee on an alternate work schedule works on a holiday or the holiday occurs on a day of the week that is the employee’s regularly scheduled day off, with the approval of the Department Head or designee, the employee shall be required to take the scheduled day off (8 hours) within 30 days of the holiday, or forfeit the eight hour day off.

Work Schedule Holiday Pay
20-25 work hours 4-5 hours per holiday
30-35 work hours 6-7 hours per holiday
XVIII.XVII. BEREAVEMENT LEAVE
Regular full-time employees may be granted up to a maximum of forty (40) hours of bereavement leave where there has been a death of a husband, wife, domestic partner, son, daughter, stepson, stepdaughter, sister, brother, mother, stepmother, father, stepfather, grandparent, grandchild, grandparent-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law of an employee in order that the employee may attend last rites and attend to any pressing matters resulting from the death. A maximum of eighty (80) hours of bereavement leave may be granted for the death of a son, daughter, stepson, or stepdaughter.

Bereavement leave will be prorated as follows:

Work Schedule Prorated Bereavement Leave
20-25 work hours up to a maximum of 20-25 hours
30-35 work hours up to a maximum of 30-35 hours
XIX.XVIII. EDUCATIONAL REIMBURSEMENT OF TUITION FEES AND BOOK COSTS A. Regular full-time and regular part-time employees are eligible on a first-come, first served basis for the educational reimbursement of tuition fees and book costs.

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25 B. The City shall establish a fund of $14,000 which shall be the City's total obligation for financing tuition fees and required textbook costs for job-related academic courses, courses taken in pursuit of a college degree, or education undertaken to maintain or improve skills related to work performance in the employee's current position. Reimbursement to individual employees approved by the department head shall be for courses attended during the term of this Memorandum of Understanding and shall not exceed $4,000 per employee per fiscal year.

2. Reimbursementshall be made for all tuition fees and required textbook costs of satisfactorily completed, City-approved courses directly related to the employee's job. In the event that an employee’s educational program is unable to identify the specific cost associated with a specific course, reimbursements will be processed based on the average course cost using the following formula:

Total educational program fees (e.g., B.S/B.A degree programs) divided by the total number of courses required to obtain the degree will equal the average course fee.

4. Reimbursement shall be processed upon evidence of the successful completion of a course(s).

5. The City shall not provide reimbursement for any personal vehicle mileage or any expense other than tuition fees and required textbook costs.

D. Required textbooks for which the employee was reimbursed shall become the property of the employee.

E. It is the intent of this policy that all eligible employees, though eligible for reimbursement of expenses, shall carry out their educational programs on their own personal time. Departmental shifts are arranged to allow an employee to enroll in a college program with reasonable assurance that course work attendance shall not be disrupted at mid-semester or mid-quarter. This policy Packet Page 708
26 does not guarantee that such disruption shall not occur; however, the Department Head shall insure that a reasonable effort will be made to avoid such disruptions when it may be achieved without inconvenience to departmental operations.

In this regard, the employee may make whatever arrangements are possible; however, the needs of the Department shall be of primary consideration in these situations.

XX.XIX. PERSONNEL REDUCTION PROCEDURE
A. The Personnel Reduction Procedure set forth in the Personnel Rules and Regulations including Work Schedule Reductions In Lieu of Layoff shall apply to regular full-time and regular parttimeemployees represented by NAME.

A. Eligibility for PST Employment Following Lay Off
Employees who have been the subject of layoff are eligible to be considered for Part-Time, Seasonal, Temporary (PST) employment to work in positions in the City of Newark as described below:

1. An employee who is the subject of layoff can apply for a Part-Time Seasonal position in the same or in a different job class performing the same or different job duties as he/shethe employee held and performed as a regular or full-time employee;

2. City will consider the employee who is the subject of layoff for the Part-Time Seasonal position for which he/shethe employee applied;

3. City may or may not hire the employee for that Part-Time Seasonal position at the discretion of the City;

4. Employee will be compensated at the Part-Time Seasonal position rate of pay;

5. If employee is hired as a Part-Time Seasonal employee, the employee will remain on the Reinstatement List and the time on the Reinstatement List will not be interrupted;

6. Time worked as a Part-Time Seasonal employee does not count toward seniority;

Formatted: Justified, Right: 0.61", Numbered + Level:
2 + Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.88" + Indent at: 1.13"
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27 XXI.XX. GRIEVANCE PROCEDURE
Any dispute between the City and an employee represented by the Association regarding the interpretation or application of this Memorandum of Understanding shall be considered a grievance.

A grievance may be filed by an employee on his/hertheir own behalf or by the President of the
Association or his/hertheir designated representative affecting the rights of an employee or employees pursuant to this agreement who is represented by the Association. For purposes of this section, all notices required herein shall be affected when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the time, place, and person served. Noticemay also be served by addressing said notice to the City supervisor involved at the City Administration Building or the employee at his/hertheir home address as shown in the Human ResourcesDepartment, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered received upon deposit in the U.S. Mail postage prepaid.

The employee or the Association shall pay for the time and expenses of his/hertheir (its) representativesand witnesses through all stages of the grievance procedure. Witnesses who are City employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the Association shall be permitted to be present without loss of compensation during hearings on grievances.

No resolution of any grievance shall be contrary to the provisions of this Memorandum of Understanding.

Grievances shall be processed in the following manner:

A. Within ten (10) calendar days of the occurrence or ten (10) calendar days from such time as the Packet Page 710
28 employee or Association should reasonably have been aware of the occurrence on which a grievance is based, the employee and/or Association representative shall discuss the grievance in a meeting with the immediate supervisor of the employee involved. A two-calendar day extension of this time period will be authorized by the department head, or designee, upon written notice from an employee or the Association that additional time is required to formally submit a grievance.

B. If after such discussion the employee and/or the Association do not believe the problem has been satisfactorily resolved, he/she/itthey shall have the right, within ten (10) calendar days of the occurrence of the matter to file a formal written grievance of the personnel action with the employee's immediate supervisor.

C. Within ten (10) calendar days of receipt of the notice of formal written grievance, the immediate supervisor shall provide his/hertheir decision in writing to the employee and/or Association representative.

E. Within ten (10) calendar days of receipt of the formal appeal on the grievance, the department head shall provide a written decision to the employee and/or Association.

F. Within ten (10) calendar days of receipt of the department head's decision, the employee and/or the Association may present a formal appeal of the grievance to the City Manager. The City Manager or his/hertheir designated representative shall make a thorough review of the grievance, meet with the parties involved and provide a written decision to the employee and/or Association within ten (10) calendar days of receipt of the appeal.

G. Within ten (10) calendar days of receipt of the decision of the City Manager, the employee and/or Association may demand in writing to the City Manager that a formal appeal of the grievance be submitted to an independent fact-finder from a list of three qualified fact-finders submitted to the City by the American Arbitration Association.

1. The City Manager and the employee and/or Association representative shall alternately strike names from the list so furnished and the last name remaining shall be designated as the fact-finder.

2. The City and the employee and/or Association shall share the fees and expenses of the factfinder as well as the cost of making a record of the fact-findings.

3. The rules of conduct of proceedings shall be according to those procedures for expedited fact-finding utilized by the American Arbitration Association.

4. The City and the employee both hold the right to be represented by an attorney or a representative of the Association.

5. If either of the parties does not accept the decision of the fact-finder that party may appeal to a Court of competent jurisdiction to hear the matter based on the transcript of evidence Packet Page 711
29 submitted to the fact-finder and conclusions of the fact-finder.

XXII.XXI. MANAGEMENT RIGHTS CLAUSE
The City, through its City Council and management representatives, shall have and retain the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services and the exclusive decision-making authority on matters not expressly modified by specific provisions of this Memorandum. Such rights, as defined herein below, shall be exercised in all respects consistent with law and the specific provisions of this Memorandum of Understanding.

XXIII.XXII. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATES

INTERNALREVENUE CODE
A. Pick-up of Employee Contributions

2. Employee contributions made under Paragraph 1 of this Article shall be paid from the same source of funds as used in paying the wages to affected employees.

4. The employee does not have the option to receive the employer-contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

XXIV.XXIII. FULL UNDERSTANDING, MODIFICATION AND WAIVER The parties to this Memorandum of Understanding acknowledge and agree that this Memorandum constitutes the result of meeting and conferring in good faith in accordance with Section 3500, et seq of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this Memorandum. This Memorandum supersedes and replaces all prior Memoranda of Understanding executed heretofore.

XXV.XXIV. SEPARABILITY
Notwithstanding any other provision in this Agreement to the contrary, in the event that any Article or subsections thereof, of this Agreement shall be declared invalid by any Court of competent jurisdiction, or by any applicable state or federal law or regulation, or should a decision by any Court of competent jurisdiction, or any applicable state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the City, the parties shall meet and confer on the Article or subsections thereof affected. In such event, all other provisions of this Agreement not affected shall continue in full force and effect.

Packet Page 713
31 ATTACHMENT A
Regular Full-Time / Part-Time Classifications
Newark Association of Miscellaneous Employees
Classifications
Accounting Assistant I Information Systems SpecialistTechnology Technician I
Accounting Assistant II Information Systems Technology Technician II Admin Support Specialist I Landscape Inspector
Admin Support Specialist II Landscape & Parks Maintenance Worker I Aquatics Coordinator Landscape & Parks Maintenance Worker II Aquatic Activities Specialist
Building Inspector I Lead Child Care Instructor
Building Inspector II Permit Technician
Building Mechanic I Public Works Inspector
Building Mechanic II Recreation Coordinator
Cashier Recycling Assistant
Child Care Instructor Senior Admin Support Specialist
Collections Assistant Senior Building Inspector
Community Preservation Specialist Senior Building Mechanic Engineering Aide I Senior Equipment Mechanic
Engineering Technician I Senior Landscape Inspector
Engineering Technician II Senior Landscape & Parks Maintenance Worker Engineering Technician III Senior Street Maintenance Worker Equipment Mechanic I Street Maintenance Worker I
Equipment Mechanic II Street Maintenance Worker II
General Laborer Street Maintenance Worker Lead
Field Assistant Vehicle Abatement Officer
Finance Technician IFinance
Technician I
Youth Instructor I
Finance Technician IIFinance
Technician II
Youth Instructor II
Formatted: Strikethrough
Formatted: Strikethrough
Packet Page 714
32 ACCOUNTING ASSISTANT I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $34.49 $35.52 $36.59
2 $35.96 $37.04 $38.15
3 $37.58 $38.71 $39.87
4 $39.24 $40.42 $41.63
5 $41.07 $42.30 $43.57
ACCOUNTING ASSISTANT II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $37.92 $39.06 $40.23
2 $39.60 $40.79 $42.01
3 $41.34 $42.58 $43.86
4 $43.18 $44.48 $45.81
5 $45.17 $46.53 $47.93
ADMIN SUPPORT SPEC I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $31.24 $32.18 $33.15
2 $32.59 $33.57 $34.58
3 $34.00 $35.02 $36.07
4 $35.53 $36.60 $37.70
5 $37.04 $38.15 $39.29
ADMIN SUPPORT SPEC II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $34.11 $35.13 $36.18
2 $35.63 $36.70 $37.80
3 $37.20 $38.32 $39.47
4 $38.89 $40.06 $41.26
5 $40.60 $41.82 $43.07
AQUATICS COORDINATOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $39.54 $40.73 $41.95
2 $41.31 $42.55 $43.83
3 $43.17 $44.47 $45.80
4 $45.07 $46.42 $47.81
5 $47.05 $48.46 $49.91
BUILDING INSPECTOR I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $50.82 $52.34 $53.91
2 $53.13 $54.72 $56.36
Packet Page 715
33 3 $55.60 $57.27 $58.99
4 $58.20 $59.95 $61.75
5 $60.87 $62.70 $64.58
BUILDING INSPECTOR II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $53.36 $54.96 $56.61
2 $55.79 $57.46 $59.18
3 $58.38 $60.13 $61.93
4 $61.11 $62.94 $64.83
5 $63.92 $65.84 $67.82
BUILDING MECHANIC I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $38.07 $39.21 $40.39
2 $39.99 $41.19 $42.43
3 $41.98 $43.24 $44.54
4 $44.10 $45.42 $46.78
5 $46.30 $47.69 $49.12
BUILDING MECHANIC II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $41.94 $43.20 $44.50
2 $44.04 $45.36 $46.72
3 $46.25 $47.64 $49.07
4 $48.57 $50.03 $51.53
5 $50.98 $52.51 $54.09
CASHIER Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $34.76 $35.80 $36.87
2 $36.30 $37.39 $38.51
3 $37.94 $39.08 $40.25
4 $39.62 $40.81 $42.03
5 $41.36 $42.60 $43.88
CHILD CARE INSTRUCTOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $24.30 $25.03 $25.78
2 $25.53 $26.30 $27.09
3 $26.82 $27.62 $28.45
4 $28.16 $29.00 $29.87
5 $29.58 $30.47 $31.38
Packet Page 716
34 COMMUNITY PRESERV SPECIALIST Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $42.37 $43.64 $44.95
2 $44.30 $45.63 $47.00
3 $46.32 $47.71 $49.14
4 $48.46 $49.91 $51.41
5 $50.71 $52.23 $53.80
COLLECTIONS ASSISTANT Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $37.92 $39.06 $40.23
2 $39.60 $40.79 $42.01
3 $41.34 $42.58 $43.86
4 $43.18 $44.48 $45.81
5 $45.17 $46.53 $47.93
ENGINEERING AIDE I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $36.95 $38.06 $39.20
2 $38.58 $39.74 $40.93
3 $40.31 $41.52 $42.77
4 $42.11 $43.37 $44.67
5 $44.02 $45.34 $46.70
ENGINEERING TECHNICIAN I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $43.85 $45.17 $46.53
2 $45.80 $47.17 $48.59
3 $47.89 $49.33 $50.81
4 $50.10 $51.60 $53.15
5 $52.37 $53.94 $55.56
ENGINEERING TECHNICIAN II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $46.97 $48.38 $49.83
2 $49.12 $50.59 $52.11
3 $51.37 $52.91 $54.50
4 $53.74 $55.35 $57.01
5 $56.22 $57.91 $59.65
ENGINEERING TECHNICIAN III Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $50.82 $52.34 $53.91
2 $53.14 $54.73 $56.37
3 $55.61 $57.28 $59.00
Packet Page 717
35 4 $58.20 $59.95 $61.75
5 $60.88 $62.71 $64.59
EQUIPMENT MECHANIC I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $39.16 $40.33 $41.54
2 $41.10 $42.33 $43.60
3 $43.17 $44.47 $45.80
4 $45.32 $46.68 $48.08
5 $47.59 $49.02 $50.49
EQUIPMENT MECHANIC II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $43.11 $44.40 $45.73
2 $45.25 $46.61 $48.01
3 $47.52 $48.95 $50.42
4 $49.90 $51.40 $52.94
5 $52.38 $53.95 $55.57
FIELD ASSISTANT Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $26.63 $27.43 $28.25
2 $28.02 $28.86 $29.73
3 $29.38 $30.26 $31.17
4 $30.86 $31.79 $32.74
5 $32.40 $33.37 $34.37
GENERAL LABORER Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $28.46 $29.31 $30.19
2 $29.89 $30.79 $31.71
3 $31.39 $32.33 $33.30
4 $32.96 $33.95 $34.97
5 $34.60 $35.64 $36.71
HUMAN RESOURCES TECH Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $40.86 $42.09 $43.35
2 $42.86 $44.15 $45.47
3 $45.00 $46.35 $47.74
4 $47.22 $48.64 $50.10
5 $49.59 $51.08 $52.61
INFORMATION SYSTEMS SPECIALIST Step
CodeStep
FY 2023 FY 2024 FY 2025
Packet Page 718
36 1 $50.23 $51.74 $53.29
2 $52.54 $54.12 $55.74
3 $54.95 $56.60 $58.30
4 $57.52 $59.25 $61.03
5 $60.16 $61.96 $63.82
INFORMATION SYSTEMS TECHNICIAN Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.54 $48.97 $50.44
4 $49.92 $51.42 $52.96
5 $52.43 $54.00 $55.62
LANDSCAPE INSPECTOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $36.55 $37.65 $38.78
2 $38.37 $39.52 $40.71
3 $40.29 $41.50 $42.75
4 $42.30 $43.57 $44.88
5 $44.42 $45.75 $47.12
LANDSCAPE & PARKS MAINT WORKER 2 Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $39.17 $40.35 $41.56
2 $41.12 $42.35 $43.62
3 $43.19 $44.49 $45.82
4 $45.35 $46.71 $48.11
5 $47.61 $49.04 $50.51
LANDSCAPE & PARKS MAINT WORKER I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $35.57 $36.64 $37.74
2 $37.35 $38.47 $39.62
3 $39.22 $40.40 $41.61
4 $41.17 $42.41 $43.68
5 $43.24 $44.54 $45.88
LEAD CHILD CARE INSTRUCTOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $27.96 $28.80 $29.66
2 $29.36 $30.24 $31.15
3 $30.84 $31.77 $32.72
4 $32.39 $33.36 $34.36
5 $34.02 $35.04 $36.09
Packet Page 719
37 PERMIT TECHNICIAN Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $39.77 $40.96 $42.19
2 $41.55 $42.80 $44.08
3 $43.43 $44.73 $46.07
4 $45.32 $46.68 $48.08
5 $47.36 $48.78 $50.24
PUBLIC WORKS INSPECTOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $53.37 $54.97 $56.62
2 $55.80 $57.47 $59.19
3 $58.39 $60.14 $61.94
4 $61.11 $62.94 $64.83
5 $63.92 $65.84 $67.82
RECREATION COORDINATOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $39.54 $40.73 $41.95
2 $41.31 $42.55 $43.83
3 $43.17 $44.47 $45.80
4 $45.07 $46.42 $47.81
5 $47.05 $48.46 $49.91
SR ADMIN SUPPORT SPECIALIST Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $37.52 $38.65 $39.81
2 $39.19 $40.37 $41.58
3 $40.98 $42.21 $43.48
4 $42.76 $44.04 $45.36
5 $44.68 $46.02 $47.40
SR BUILDING INSPECTOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $55.76 $57.43 $59.15
2 $58.38 $60.13 $61.93
3 $60.87 $62.70 $64.58
4 $63.97 $65.89 $67.87
5 $66.97 $68.98 $71.05
SR BUILDING MECHANIC Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $46.19 $47.58 $49.01
2 $48.47 $49.92 $51.42
Packet Page 720
38 3 $50.92 $52.45 $54.02
4 $53.46 $55.06 $56.71
5 $56.15 $57.83 $59.56
SR EQUIPMENT MECHANIC Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $47.46 $48.88 $50.35
2 $49.83 $51.32 $52.86
3 $52.31 $53.88 $55.50
4 $54.92 $56.57 $58.27
5 $57.69 $59.42 $61.20
SR LANDSCAPE & PARKS MAINT WORK Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.56 $48.99 $50.46
4 $49.93 $51.43 $52.97
5 $52.43 $54.00 $55.62
SR LANDSCAPE INSPECTOR Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.56 $48.99 $50.46
4 $49.93 $51.43 $52.97
5 $52.43 $54.00 $55.62
SR STREET MAINT WORKER Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $43.15 $44.44 $45.77
2 $45.30 $46.66 $48.06
3 $47.56 $48.99 $50.46
4 $49.94 $51.44 $52.98
5 $52.44 $54.01 $55.63
STREET MAINTENANCE WORKER I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $35.57 $36.64 $37.74
2 $37.35 $38.47 $39.62
3 $39.22 $40.40 $41.61
4 $41.17 $42.41 $43.68
5 $43.24 $44.54 $45.88
Packet Page 721
39 STREET MAINTENANCE WORKER II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $39.17 $40.35 $41.56
2 $41.12 $42.35 $43.62
3 $43.19 $44.49 $45.82
4 $45.35 $46.71 $48.11
5 $47.61 $49.04 $50.51
STREET MAINTENANCE WORKER LEAD Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $41.16 $42.39 $43.66
2 $43.21 $44.51 $45.85
3 $45.38 $46.74 $48.14
4 $47.64 $49.07 $50.54
5 $50.02 $51.52 $53.07
VEHICLE ABATEMENT OFFICER Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $31.08 $32.01 $32.97
2 $32.62 $33.60 $34.61
3 $34.26 $35.29 $36.35
4 $35.96 $37.04 $38.15
5 $37.77 $38.90 $40.07
YOUTH INSTRUCTOR I Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $19.47 $20.05 $20.65
2 $20.44 $21.05 $21.68
3 $21.46 $22.10 $22.76
4 $22.52 $23.20 $23.90
5 $23.65 $24.36 $25.09
YOUTH INSTRUCTOR II Step
CodeStep
FY 2023 FY 2024 FY 2025
1 $24.30 $25.03 $25.78
2 $25.53 $26.30 $27.09
3 $26.82 $27.62 $28.45
4 $28.15 $28.99 $29.86
5 $29.58 $30.47 $31.38
ATTACHMENT A.2
SALARY LIST – EFFECTIVE 07/01/2019 *Monthly salaries are based on a 40 hour work week Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ACCOUNTING ASSISTANT I $5,662.22 $5,905.74 $6,170.44 $6,443.37 $6,743.37 Packet Page 722
40 $32.67 $34.07 $35.60 $37.17 $38.90
ACCOUNTING ASSISTANT II $6,225.76 $6,502.41 $6,788.94 $7,090.84 $7,415.80 $35.92 $37.51 $39.17 $40.91 $42.78
ADMIN SUPPORT SPEC I $5,130.46 $5,352.80 $5,582.22 $5,832.79 $6,083.38 $29.60 $30.88 $32.20 $33.65 $35.10
ADMIN SUPPORT SPEC II $5,601.09 $5,850.31 $6,109.39 $6,384.95 $6,667.09 $32.31 $33.75 $35.25 $36.84 $38.46
AQUATICS COORDINATOR $6,492.53 $6,783.46 $7,088.65 $7,401.53 $7,726.48 $37.46 $39.14 $40.90 $42.70 $44.58
BUILDING INSPECTOR I $8,345.65 $8,724.41 $9,129.51 $9,556.56 $9,995.69 $48.15 $50.33 $52.67 $55.13 $57.67
BUILDING INSPECTOR II $8,762.94 $9,160.63 $9,585.98 $10,034.39 $10,495.48 $50.56 $52.85 $55.30 $57.89 $60.55
BUILDING MECHANIC I $6,252.11 $6,566.09 $6,894.34 $7,240.15 $7,602.43 $36.07 $37.88 $39.77 $41.77 $43.86
BUILDING MECHANIC II $6,887.75 $7,232.46 $7,593.65 $7,974.59 $8,370.91 $39.74 $41.73 $43.81 $46.01 $48.29
CASHIER $5,706.49 $5,960.09 $6,229.06 $6,506.80 $6,791.14 $32.92 $34.38 $35.94 $37.54 $39.18
CHILD CARE INSTRUCTOR $3,991.69 $4,192.59 $4,403.37 $4,624.04 $4,856.78 $23.03 $24.19 $25.40 $26.68 $28.02
COLLECTIONS ASSISTANT $6,225.76 $6,502.41 $6,788.94 $7,090.84 $7,415.80 $35.92 $37.51 $39.17 $40.91 $42.78
COMMUNITY PRESERV SPECIALIST $6,958.01 $7,274.18 $7,605.72 $7,958.13 $8,327.00 $40.14 $41.97 $43.88 $45.91 $48.04
ENGINEERING AIDE I $6,066.90 $6,336.31 $6,619.84 $6,915.12 $7,228.06 $35.00 $36.56 $38.19 $39.89 $41.70
ENGINEERING TECHNICIAN I $7,199.53 $7,521.19 $7,864.81 $8,226.00 $8,600.35 $41.54 $43.39 $45.37 $47.46 $49.62
ENGINEERING TECHNICIAN II $7,711.57 $8,065.68 $8,433.92 $8,824.49 $9,232.71 $44.49 $46.53 $48.66 $50.91 $53.27
ENGINEERING TECHNICIAN III $8,345.68 $8,725.67 $9,130.36 $9,556.25 $9,996.23 $48.15 $50.34 $52.67 $55.13 $57.67
EQUIPMENT MECHANIC I $6,428.86 $6,749.43 $7,088.65 $7,442.15 $7,814.31 $37.09 $38.94 $40.90 $42.94 $45.08
EQUIPMENT MECHANIC II $7,077.68 $7,431.17 $7,803.33 $8,193.06 $8,601.46 $40.83 $42.87 $45.02 $47.27 $49.62
Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
FIELD ASSISTANT $4,374.02 $4,601.06 $4,824.59 $5,066.93 $5,319.87 $25.23 $26.54 $27.83 $29.23 $30.69
FINANCE TECHNICIAN I $8,119.50 $8,525.71 $8,953.85 $9,400.67 $9,869.43 Packet Page 723
41 $46.84 $49.19 $51.66 $54.23 $56.94
FINANCE TECHNICIAN II $8,822.14 $9,259.77 $9,724.47 $10,209.16 $10,718.55 $50.90 $53.42 $56.10 $58.90 $61.84
GENERAL LABORER $4,673.44 $4,907.27 $5,153.19 $5,411.18 $5,682.34 $26.96 $28.31 $29.73 $31.22 $32.78
INFORMATION SYSTEMS SPECIALIST $8,247.95 $8,626.70 $9,023.02 $9,445.68 $9,879.32 $47.58 $49.77 $52.06 $54.49 $57.00
INFORMATION SYSTEMS TECHNICIAN $7,084.25 $7,436.66 $7,805.53 $8,196.36 $8,608.04 $40.87 $42.90 $45.03 $47.29 $49.66
LANDSCAPE & PARKS MAINT WORKER I $5,840.42 $6,132.45 $6,439.84 $6,761.49 $7,100.73 $33.69 $35.38 $37.15 $39.01 $40.97
LANDSCAPE & PARKS MAINT WORKER II $6,432.15 $6,752.71 $7,091.95 $7,447.63 $7,818.71 $37.11 $38.96 $40.91 $42.97 $45.11
LANDSCAPE INSPECTOR $6,000.71 $6,300.41 $6,616.58 $6,945.93 $7,293.94 $34.62 $36.35 $38.17 $40.07 $42.08
LEAD CHILD CARE INSTRUCTOR $4,590.45 $4,821.47 $5,063.89 $5,317.65 $5,585.29 $26.48 $27.82 $29.21 $30.68 $32.22
PERMIT TECHNICIAN $6,530.65 $6,821.57 $7,132.28 $7,442.98 $7,776.96 $37.68 $39.36 $41.15 $42.94 $44.87
PUBLIC WORKS INSPECTOR $8,763.93 $9,161.34 $9,587.29 $10,034.11 $10,495.20 $50.56 $52.85 $55.31 $57.89 $60.55
RECREATION COORDINATOR $6,492.53 $6,783.46 $7,088.65 $7,401.53 $7,726.48 $37.46 $39.14 $40.90 $42.70 $44.58
RECYCLING ASSISTANT $6,225.76 $6,502.41 $6,788.94 $7,090.84 $7,415.80 $35.92 $37.51 $39.17 $40.91 $42.78
SR ADMIN SUPPORT SPECIALIST $6,160.99 $6,435.45 $6,728.57 $7,021.68 $7,336.75 $35.54 $37.13 $38.82 $40.51 $42.33
SR BUILDING INSPECTOR $9,156.95 $9,585.10 $9,994.59 $10,503.98 $10,995.81 $52.83 $55.30 $57.66 $60.60 $63.44
SR BUILDING MECHANIC $7,583.77 $7,960.32 $8,361.03 $8,778.20 $9,219.53 $43.75 $45.92 $48.24 $50.64 $53.19
SR EQUIPMENT MECHANIC $7,792.36 $8,180.98 $8,590.47 $9,018.62 $9,472.02 $44.96 $47.20 $49.56 $52.03 $54.65
SR LANDSCAPE & PARKS MAINT WORKER $7,084.25 $7,437.76 $7,808.82 $8,199.65 $8,609.14 $40.87 $42.91 $45.05 $47.31 $49.67
SR LANDSCAPE INSPECTOR $7,084.25 $7,437.76 $7,808.82 $8,199.65 $8,609.14 $40.87 $42.91 $45.05 $47.31 $49.67
Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SR STREET MAINT WORKER $7,084.54 $7,438.63 $7,809.23 $8,199.81 $8,610.38 $40.87 $42.91 $45.05 $47.31 $49.67
STREET MAINTENANCE WORKER I $5,840.42 $6,132.45 $6,439.84 $6,761.49 $7,100.73 Packet Page 724
42 $33.69 $35.38 $37.15 $39.01 $40.97
STREET MAINTENANCE WORKER II $6,432.15 $6,752.71 $7,091.95 $7,447.63 $7,818.71 $37.11 $38.96 $40.91 $42.97 $45.11
STREET MAINTENANCE WORKER LEAD $6,758.66 $7,096.29 $7,451.57 $7,823.34 $8,213.91 $38.99 $40.94 $42.99 $45.13 $47.39
VEHICLE ABATEMENT OFFICER $5,102.10 $5,357.20 $5,624.62 $5,906.11 $6,201.68 $29.44 $30.91 $32.45 $34.07 $35.78
YOUTH INSTRUCTOR I $3,197.57 $3,356.38 $3,522.27 $3,697.55 $3,883.44 $18.45 $19.36 $20.32 $21.33 $22.40
YOUTH INSTRUCTOR II $3,991.67 $4,192.84 $4,403.43 $4,622.23 $4,856.34 $23.03 $24.19 $25.40 $26.67 $28.02
Packet Page 725
43 ATTACHMENT A.2
SALARY LIST – EFFECTIVE 07/01/2020 *Monthly salaries are based on a 40 hour work week Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ACCOUNTING ASSISTANT I $5,747.15 $5,994.32 $6,263.00 $6,540.02 $6,844.52 $33.16 $34.58 $36.13 $37.73 $39.49
ACCOUNTING ASSISTANT II $6,319.14 $6,599.95 $6,890.77 $7,197.20 $7,527.04 $36.46 $38.08 $39.75 $41.52 $43.43
ADMIN SUPPORT SPEC I $5,207.42 $5,433.09 $5,665.95 $5,920.28 $6,174.63 $30.04 $31.34 $32.69 $34.16 $35.62
ADMIN SUPPORT SPEC II $5,685.11 $5,938.06 $6,201.03 $6,480.72 $6,767.09 $32.80 $34.26 $35.77 $37.39 $39.04
AQUATICS COORDINATOR $6,589.92 $6,885.21 $7,194.98 $7,512.56 $7,842.38 $38.02 $39.72 $41.51 $43.34 $45.24
BUILDING INSPECTOR I $8,470.84 $8,855.28 $9,266.45 $9,699.91 $10,145.62 $48.87 $51.09 $53.46 $55.96 $58.53
BUILDING INSPECTOR II $8,894.39 $9,298.04 $9,729.77 $10,184.91 $10,652.91 $51.31 $53.64 $56.13 $58.76 $61.46
BUILDING MECHANIC I $6,345.89 $6,664.58 $6,997.75 $7,348.75 $7,716.47 $36.61 $38.45 $40.37 $42.40 $44.52
BUILDING MECHANIC II $6,991.07 $7,340.95 $7,707.56 $8,094.21 $8,496.47 $40.33 $42.35 $44.47 $46.70 $49.02
CASHIER $5,792.09 $6,049.49 $6,322.49 $6,604.40 $6,893.01 $33.42 $34.90 $36.48 $38.10 $39.77
CHILD CARE INSTRUCTOR $4,051.57 $4,255.48 $4,469.43 $4,693.40 $4,929.63 $23.37 $24.55 $25.79 $27.08 $28.44
COLLECTIONS ASSISTANT $6,319.14 $6,599.95 $6,890.77 $7,197.20 $7,527.04 $36.46 $38.08 $39.75 $41.52 $43.43
COMMUNITY PRESERV SPECIALIST $7,062.38 $7,383.29 $7,719.81 $8,077.50 $8,451.90 $40.74 $42.60 $44.54 $46.60 $48.76
ENGINEERING AIDE I $6,157.90 $6,431.35 $6,719.14 $7,018.85 $7,336.48 $35.53 $37.10 $38.76 $40.49 $42.33
ENGINEERING TECHNICIAN I $7,307.52 $7,634.01 $7,982.78 $8,349.39 $8,729.35 $42.16 $44.04 $46.05 $48.17 $50.36
ENGINEERING TECHNICIAN II $7,827.25 $8,186.66 $8,560.43 $8,956.86 $9,371.20 $45.16 $47.23 $49.39 $51.67 $54.06
ENGINEERING TECHNICIAN III $8,470.86 $8,856.56 $9,267.32 $9,699.59 $10,146.17 $48.87 $51.10 $53.47 $55.96 $58.54
EQUIPMENT MECHANIC I $6,525.29 $6,850.67 $7,194.98 $7,553.78 $7,931.53 $37.65 $39.52 $41.51 $43.58 $45.76
EQUIPMENT MECHANIC II $7,183.84 $7,542.64 $7,920.38 $8,315.96 $8,730.48 $41.45 $43.51 $45.69 $47.98 $50.37
Packet Page 726
44 Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
FIELD ASSISTANT $4,439.63 $4,670.07 $4,896.96 $5,142.93 $5,399.67 $25.61 $26.94 $28.25 $29.67 $31.15
FINANCE TECHNICIAN I $8,241.30 $8,653.59 $9,088.16 $9,541.68 $10,017.48 $47.55 $49.92 $52.43 $55.05 $57.79
FINANCE TECHNICIAN II $8,954.47 $9,398.67 $9,870.34 $10,362.30 $10,879.33 $51.66 $54.22 $56.94 $59.78 $62.77
GENERAL LABORER $4,743.54 $4,980.88 $5,230.48 $5,492.35 $5,767.57 $27.37 $28.74 $30.18 $31.69 $33.27
INFORMATION SYSTEMS SPECIALIST $8,371.67 $8,756.10 $9,158.36 $9,587.37 $10,027.51 $48.30 $50.52 $52.84 $55.31 $57.85
INFORMATION SYSTEMS TECHNICIAN $7,190.52 $7,548.21 $7,922.62 $8,319.30 $8,737.16 $41.48 $43.55 $45.71 $48.00 $50.41
LANDSCAPE & PARKS MAINT WORKER I $5,928.03 $6,224.43 $6,536.44 $6,862.92 $7,207.24 $34.20 $35.91 $37.71 $39.59 $41.58
LANDSCAPE & PARKS MAINT WORKER II $6,528.63 $6,854.00 $7,198.33 $7,559.35 $7,935.99 $37.66 $39.54 $41.53 $43.61 $45.78
LANDSCAPE INSPECTOR $6,090.72 $6,394.92 $6,715.83 $7,050.12 $7,403.35 $35.14 $36.89 $38.74 $40.67 $42.71
LEAD CHILD CARE INSTRUCTOR $4,659.31 $4,893.80 $5,139.84 $5,397.41 $5,669.07 $26.88 $28.23 $29.65 $31.14 $32.71
PERMIT TECHNICIAN $6,628.61 $6,923.89 $7,239.27 $7,554.63 $7,893.61 $38.24 $39.95 $41.76 $43.58 $45.54
PUBLIC WORKS INSPECTOR $8,895.39 $9,298.76 $9,731.10 $10,184.62 $10,652.63 $51.32 $53.65 $56.14 $58.76 $61.46
RECREATION COORDINATOR $6,589.92 $6,885.21 $7,194.98 $7,512.56 $7,842.38 $38.02 $39.72 $41.51 $43.34 $45.24
RECYCLING ASSISTANT $6,319.14 $6,599.95 $6,890.77 $7,197.20 $7,527.04 $36.46 $38.08 $39.75 $41.52 $43.43
SR ADMIN SUPPORT SPECIALIST $6,253.40 $6,531.98 $6,829.50 $7,127.00 $7,446.81 $36.08 $37.68 $39.40 $41.12 $42.96
SR BUILDING INSPECTOR $9,294.31 $9,728.88 $10,144.51 $10,661.54 $11,160.75 $53.62 $56.13 $58.53 $61.51 $64.39
SR BUILDING MECHANIC $7,697.52 $8,079.73 $8,486.45 $8,909.87 $9,357.82 $44.41 $46.61 $48.96 $51.40 $53.99
SR EQUIPMENT MECHANIC $7,909.24 $8,303.70 $8,719.33 $9,153.90 $9,614.10 $45.63 $47.91 $50.30 $52.81 $55.47
SR LANDSCAPE & PARKS MAINT WORKER $7,190.52 $7,549.32 $7,925.95 $8,322.64 $8,738.28 $41.48 $43.55 $45.73 $48.01 $50.41
SR LANDSCAPE INSPECTOR $7,190.52 $7,549.32 $7,925.95 $8,322.64 $8,738.28 $41.48 $43.55 $45.73 $48.01 $50.41
Packet Page 727
45 Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SR STREET MAINT WORKER $7,190.81 $7,550.21 $7,926.37 $8,322.81 $8,739.53 $41.49 $43.56 $45.73 $48.02 $50.42
STREET MAINTENANCE WORKER I $5,928.03 $6,224.43 $6,536.44 $6,862.92 $7,207.24 $34.20 $35.91 $37.71 $39.59 $41.58
STREET MAINTENANCE WORKER II $6,528.63 $6,854.00 $7,198.33 $7,559.35 $7,935.99 $37.66 $39.54 $41.53 $43.61 $45.78
STREET MAINTENANCE WORKER LEAD $6,860.04 $7,202.74 $7,563.35 $7,940.69 $8,337.12 $39.58 $41.55 $43.63 $45.81 $48.10
VEHICLE ABATEMENT OFFICER $5,178.63 $5,437.56 $5,708.99 $5,994.70 $6,294.71 $29.88 $31.37 $32.94 $34.58 $36.32
YOUTH INSTRUCTOR I $3,245.54 $3,406.73 $3,575.11 $3,753.02 $3,941.69 $18.72 $19.65 $20.63 $21.65 $22.74
YOUTH INSTRUCTOR II $4,051.55 $4,255.74 $4,469.48 $4,691.56 $4,929.18 $23.37 $24.55 $25.79 $27.07 $28.44
Packet Page 728
46 ATTACHMENT A.2
SALARY LIST – EFFECTIVE 07/01/2021 *Monthly salaries are based on a 40 hour work week Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ACCOUNTING ASSISTANT I $5,833.36 $6,084.24 $6,356.94 $6,638.12 $6,947.18 $33.65 $35.10 $36.67 $38.30 $40.08
ACCOUNTING ASSISTANT II $6,413.93 $6,698.95 $6,994.13 $7,305.16 $7,639.95 $37.00 $38.65 $40.35 $42.14 $44.08
ADMIN SUPPORT SPEC I $5,285.53 $5,514.58 $5,750.94 $6,009.08 $6,267.25 $30.49 $31.81 $33.18 $34.67 $36.16
ADMIN SUPPORT SPEC II $5,770.39 $6,027.13 $6,294.04 $6,577.93 $6,868.60 $33.29 $34.77 $36.31 $37.95 $39.63
AQUATICS COORDINATOR $6,688.77 $6,988.49 $7,302.90 $7,625.24 $7,960.02 $38.59 $40.32 $42.13 $43.99 $45.92
BUILDING INSPECTOR I $8,597.90 $8,988.11 $9,405.45 $9,845.41 $10,297.81 $49.60 $51.85 $54.26 $56.80 $59.41
BUILDING INSPECTOR II $9,027.80 $9,437.51 $9,875.72 $10,337.68 $10,812.70 $52.08 $54.45 $56.98 $59.64 $62.38
BUILDING MECHANIC I $6,441.08 $6,764.55 $7,102.72 $7,458.98 $7,832.21 $37.16 $39.03 $40.98 $43.03 $45.19
BUILDING MECHANIC II $7,095.93 $7,451.06 $7,823.17 $8,215.62 $8,623.92 $40.94 $42.99 $45.13 $47.40 $49.75
CASHIER $5,878.97 $6,140.23 $6,417.33 $6,703.47 $6,996.40 $33.92 $35.42 $37.02 $38.67 $40.36
CHILD CARE INSTRUCTOR $4,112.34 $4,319.31 $4,536.47 $4,763.80 $5,003.57 $23.72 $24.92 $26.17 $27.48 $28.87
COLLECTIONS ASSISTANT $6,413.93 $6,698.95 $6,994.13 $7,305.16 $7,639.95 $37.00 $38.65 $40.35 $42.14 $44.08
COMMUNITY PRESERV SPECIALIST $7,168.31 $7,494.04 $7,835.60 $8,198.66 $8,578.68 $41.36 $43.23 $45.21 $47.30 $49.49
ENGINEERING AIDE I $6,250.27 $6,527.83 $6,819.92 $7,124.13 $7,446.53 $36.06 $37.66 $39.35 $41.10 $42.96
ENGINEERING TECHNICIAN I $7,417.13 $7,748.52 $8,102.52 $8,474.63 $8,860.29 $42.79 $44.70 $46.75 $48.89 $51.12
ENGINEERING TECHNICIAN II $7,944.66 $8,309.46 $8,688.83 $9,091.21 $9,511.77 $45.83 $47.94 $50.13 $52.45 $54.88
ENGINEERING TECHNICIAN III $8,597.92 $8,989.40 $9,406.33 $9,845.08 $10,298.36 $49.60 $51.86 $54.27 $56.80 $59.41
EQUIPMENT MECHANIC I $6,623.17 $6,953.43 $7,302.90 $7,667.09 $8,050.50 $38.21 $40.12 $42.13 $44.23 $46.44
Packet Page 729
47 Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
EQUIPMENT MECHANIC II $7,291.60 $7,655.78 $8,039.19 $8,440.69 $8,861.43 $42.07 $44.17 $46.38 $48.70 $51.12
FIELD ASSISTANT $4,506.23 $4,740.12 $4,970.41 $5,220.08 $5,480.66 $26.00 $27.35 $28.68 $30.12 $31.62
FINANCE TECHNICIAN I $8,364.91 $8,783.40 $9,224.48 $9,684.80 $10,167.74 $48.26 $50.67 $53.22 $55.87 $58.66
FINANCE TECHNICIAN II $9,088.79 $9,539.65 $10,018.39 $10,517.74 $11,042.52 $52.44 $55.04 $57.80 $60.68 $63.71
GENERAL LABORER $4,814.69 $5,055.59 $5,308.94 $5,574.73 $5,854.08 $27.78 $29.17 $30.63 $32.16 $33.77
INFORMATION SYSTEMS SPECIALIST $8,497.25 $8,887.44 $9,295.74 $9,731.18 $10,177.92 $49.02 $51.27 $53.63 $56.14 $58.72
INFORMATION SYSTEMS TECHNICIAN $7,298.37 $7,661.43 $8,041.45 $8,444.09 $8,868.22 $42.11 $44.20 $46.39 $48.72 $51.16
LANDSCAPE & PARKS MAINT WORKER I $6,016.95 $6,317.80 $6,634.48 $6,965.86 $7,315.35 $34.71 $36.45 $38.28 $40.19 $42.20
LANDSCAPE & PARKS MAINT WORKER II $6,626.56 $6,956.81 $7,306.30 $7,672.74 $8,055.03 $38.23 $40.14 $42.15 $44.27 $46.47
LANDSCAPE INSPECTOR $6,182.08 $6,490.84 $6,816.57 $7,155.87 $7,514.40 $35.67 $37.45 $39.33 $41.28 $43.35
LEAD CHILD CARE INSTRUCTOR $4,729.20 $4,967.20 $5,216.94 $5,478.37 $5,754.11 $27.28 $28.66 $30.10 $31.61 $33.20
PERMIT TECHNICIAN $6,728.04 $7,027.75 $7,347.86 $7,667.95 $8,012.02 $38.82 $40.54 $42.39 $44.24 $46.22
PUBLIC WORKS INSPECTOR $9,028.82 $9,438.24 $9,877.07 $10,337.39 $10,812.42 $52.09 $54.45 $56.98 $59.64 $62.38
RECREATION COORDINATOR $6,688.77 $6,988.49 $7,302.90 $7,625.24 $7,960.02 $38.59 $40.32 $42.13 $43.99 $45.92
RECYCLING ASSISTANT $6,413.93 $6,698.95 $6,994.13 $7,305.16 $7,639.95 $37.00 $38.65 $40.35 $42.14 $44.08
SR ADMIN SUPPORT SPECIALIST $6,347.20 $6,629.96 $6,931.94 $7,233.91 $7,558.51 $36.62 $38.25 $39.99 $41.73 $43.61
SR BUILDING INSPECTOR $9,433.72 $9,874.81 $10,296.68 $10,821.46 $11,328.16 $54.43 $56.97 $59.40 $62.43 $65.35
SR BUILDING MECHANIC $7,812.98 $8,200.92 $8,613.74 $9,043.52 $9,498.19 $45.07 $47.31 $49.69 $52.17 $54.80
SR EQUIPMENT MECHANIC $8,027.88 $8,428.25 $8,850.12 $9,291.21 $9,758.31 $46.31 $48.62 $51.06 $53.60 $56.30
Packet Page 730
48 Classification STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SR LANDSCAPE & PARKS MAINT WORKER $7,298.37 $7,662.56 $8,044.84 $8,447.48 $8,869.35 $42.11 $44.21 $46.41 $48.74 $51.17
SR LANDSCAPE INSPECTOR $7,298.37 $7,662.56 $8,044.84 $8,447.48 $8,869.35 $42.11 $44.21 $46.41 $48.74 $51.17
SR STREET MAINT WORKER $7,298.67 $7,663.46 $8,045.26 $8,447.65 $8,870.63 $42.11 $44.21 $46.41 $48.74 $51.18
STREET MAINTENANCE WORKER I $6,016.95 $6,317.80 $6,634.48 $6,965.86 $7,315.35 $34.71 $36.45 $38.28 $40.19 $42.20
STREET MAINTENANCE WORKER II $6,626.56 $6,956.81 $7,306.30 $7,672.74 $8,055.03 $38.23 $40.14 $42.15 $44.27 $46.47
STREET MAINTENANCE WORKER LEAD $6,962.94 $7,310.78 $7,676.80 $8,059.80 $8,462.17 $40.17 $42.18 $44.29 $46.50 $48.82
VEHICLE ABATEMENT OFFICER $5,256.31 $5,519.12 $5,794.63 $6,084.62 $6,389.13 $30.32 $31.84 $33.43 $35.10 $36.86
YOUTH INSTRUCTOR I $3,294.22 $3,457.83 $3,628.73 $3,809.31 $4,000.82 $19.01 $19.95 $20.93 $21.98 $23.08
YOUTH INSTRUCTOR II $4,112.32 $4,319.57 $4,536.52 $4,761.94 $5,003.12 $23.72 $24.92 $26.17 $27.47 $28.86
Packet Page 731

ATTACHMENT B
HOURLY SALARY LIST – EFFECTIVE 07/01/2022 *Monthly salaries are based on a 40 hour work week
ACCOUNTING ASSISTANT I Step CodeStep FY 2023 FY 2024 FY 2025 1 $34.49 $35.52 $36.59
2 $35.96 $37.04 $38.15
3 $37.58 $38.71 $39.87
4 $39.24 $40.42 $41.63
5 $41.07 $42.30 $43.57
ACCOUNTING ASSISTANT II Step CodeStep FY 2023 FY 2024 FY 2025 1 $37.92 $39.06 $40.23
2 $39.60 $40.79 $42.01
3 $41.34 $42.58 $43.86
4 $43.18 $44.48 $45.81
5 $45.17 $46.53 $47.93
ADMIN SUPPORT SPECALIST I Step CodeStep FY 2023 FY 2024 FY 2025 1 $31.24 $32.18 $33.15
2 $32.59 $33.57 $34.58
3 $34.00 $35.02 $36.07
4 $35.53 $36.60 $37.70
5 $37.04 $38.15 $39.29
ADMIN SUPPORT SPECALIST II Step CodeStep FY 2023 FY 2024 FY 2025 1 $34.11 $35.13 $36.18
2 $35.63 $36.70 $37.80
3 $37.20 $38.32 $39.47
4 $38.89 $40.06 $41.26
5 $40.60 $41.82 $43.07
AQUATIC ACTIVITIES SPECIALIST Step CodeStep FY 2023 FY 2024 FY 2025 1 $27.04 $27.85 $28.69
2 $28.44 $29.29 $30.17
3 $29.83 $30.72 $31.64
4 $31.32 $32.26 $33.23
5 $32.88 $33.87 $34.89
AQUATICS COORDINATOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $39.54 $40.73 $41.95
2 $41.31 $42.55 $43.83
3 $43.17 $44.47 $45.80
4 $45.07 $46.42 $47.81
5 $47.05 $48.46 $49.91
Packet Page 732
BUILDING INSPECTOR I Step CodeStep FY 2023 FY 2024 FY 2025 1 $50.82 $52.34 $53.91
2 $53.13 $54.72 $56.36
3 $55.60 $57.27 $58.99
4 $58.20 $59.95 $61.75
5 $60.87 $62.70 $64.58
BUILDING INSPECTOR II Step CodeStep FY 2023 FY 2024 FY 2025 1 $53.36 $54.96 $56.61
2 $55.79 $57.46 $59.18
3 $58.38 $60.13 $61.93
4 $61.11 $62.94 $64.83
5 $63.92 $65.84 $67.82
BUILDING MECHANIC I Step CodeStep FY 2023 FY 2024 FY 2025 1 $38.07 $39.21 $40.39
2 $39.99 $41.19 $42.43
3 $41.98 $43.24 $44.54
4 $44.10 $45.42 $46.78
5 $46.30 $47.69 $49.12
BUILDING MECHANIC II Step CodeStep FY 2023 FY 2024 FY 2025 1 $41.94 $43.20 $44.50
2 $44.04 $45.36 $46.72
3 $46.25 $47.64 $49.07
4 $48.57 $50.03 $51.53
5 $50.98 $52.51 $54.09
CASHIER Step CodeStep FY 2023 FY 2024 FY 2025
1 $34.76 $35.80 $36.87
2 $36.30 $37.39 $38.51
3 $37.94 $39.08 $40.25
4 $39.62 $40.81 $42.03
5 $41.36 $42.60 $43.88
CHILD CARE INSTRUCTOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $24.30 $25.03 $25.78
2 $25.53 $26.30 $27.09
3 $26.82 $27.62 $28.45
4 $28.16 $29.00 $29.87
5 $29.58 $30.47 $31.38
COLLECTIONS ASSISTANT Step CodeStep FY 2023 FY 2024 FY 2025 1 $37.92 $39.06 $40.23
Packet Page 733
2 $39.60 $40.79 $42.01
3 $41.34 $42.58 $43.86
4 $43.18 $44.48 $45.81
COMMUNITY PRESERVATION Step CodeStep FY 2023 FY 2024 FY 2025 SPECIALIST 1 $42.37 $43.64 $44.95
2 $44.30 $45.63 $47.00
3 $46.32 $47.71 $49.14
4 $48.46 $49.91 $51.41
5 $50.71 $52.23 $53.80
ENGINEERING AIDE I Step CodeStep FY 2023 FY 2024 FY 2025 1 $36.95 $38.06 $39.20
2 $38.58 $39.74 $40.93
3 $40.31 $41.52 $42.77
4 $42.11 $43.37 $44.67
5 $44.02 $45.34 $46.70
ENGINEERING TECHNICIAN I Step CodeStep FY 2023 FY 2024 FY 2025 1 $43.85 $45.17 $46.53
2 $45.80 $47.17 $48.59
3 $47.89 $49.33 $50.81
4 $50.10 $51.60 $53.15
5 $52.37 $53.94 $55.56
ENGINEERING TECHNICIAN II Step CodeStep FY 2023 FY 2024 FY 2025 1 $46.97 $48.38 $49.83
2 $49.12 $50.59 $52.11
3 $51.37 $52.91 $54.50
4 $53.74 $55.35 $57.01
5 $56.22 $57.91 $59.65
ENGINEERING TECHNICIAN III Step CodeStep FY 2023 FY 2024 FY 2025 1 $50.82 $52.34 $53.91
2 $53.14 $54.73 $56.37
3 $55.61 $57.28 $59.00
4 $58.20 $59.95 $61.75
5 $60.88 $62.71 $64.59
EQUIPMENT MECHANIC I Step CodeStep FY 2023 FY 2024 FY 2025 1 $39.16 $40.33 $41.54
2 $41.10 $42.33 $43.60
3 $43.17 $44.47 $45.80
4 $45.32 $46.68 $48.08
Packet Page 734
5 $47.59 $49.02 $50.49
EQUIPMENT MECHANIC II Step CodeStep FY 2023 FY 2024 FY 2025 1 $43.11 $44.40 $45.73
2 $45.25 $46.61 $48.01
3 $47.52 $48.95 $50.42
4 $49.90 $51.40 $52.94
5 $52.38 $53.95 $55.57
FIELD ASSISTANT Step CodeStep FY 2023 FY 2024 FY 2025
1 $26.63 $27.43 $28.25
2 $28.02 $28.86 $29.73
3 $29.38 $30.26 $31.17
4 $30.86 $31.79 $32.74
5 $32.40 $33.37 $34.37
GENERAL LABORER Step CodeStep FY 2023 FY 2024 FY 2025
1 $28.46 $29.31 $30.19
2 $29.89 $30.79 $31.71
3 $31.39 $32.33 $33.30
4 $32.96 $33.95 $34.97
5 $34.60 $35.64 $36.71
INFORMATION TECHNOLOGY Step CodeStep FY 2023 FY 2024 FY 2025 TECHNICIAN I 1 $38.83 $39.99 $41.19
2 $40.76 $41.98 $43.24
3 $42.79 $44.07 $45.39
4 $44.93 $46.28 $47.67
5 $47.18 $48.60 $50.06

INFORMATION TECHNOLOGY

TECHNICIAN II
Step CodeStep FY 2023 FY 2024 FY 2025
1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.54 $48.97 $50.44
4 $49.92 $51.42 $52.96
5 $52.43 $54.00 $55.62
LANDSCAPE INSPECTOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $36.55 $37.65 $38.78
2 $38.37 $39.52 $40.71
3 $40.29 $41.50 $42.75
4 $42.30 $43.57 $44.88
5 $44.42 $45.75 $47.12
Packet Page 735
LANDSCAPE & PARKS MAINTENANCE Step CodeStep FY 2023 FY 2024 FY 2025 WORKER I 1 $35.57 $36.64 $37.74
2 $37.35 $38.47 $39.62
3 $39.22 $40.40 $41.61
4 $41.17 $42.41 $43.68
5 $43.24 $44.54 $45.88
LANDSCAPE & PARKS MAINTENANCE Step CodeStep FY 2023 FY 2024 FY 2025 WORKER II 1 $39.17 $40.35 $41.56
2 $41.12 $42.35 $43.62
3 $43.19 $44.49 $45.82
4 $45.35 $46.71 $48.11
5 $47.61 $49.04 $50.51
LEAD CHILD CARE INSTRUCTOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $27.96 $28.80 $29.66
2 $29.36 $30.24 $31.15
3 $30.84 $31.77 $32.72
4 $32.39 $33.36 $34.36
5 $34.02 $35.04 $36.09
PERMIT TECHNICIAN Step CodeStep FY 2023 FY 2024 FY 2025 1 $39.77 $40.96 $42.19
2 $41.55 $42.80 $44.08
3 $43.43 $44.73 $46.07
4 $45.32 $46.68 $48.08
5 $47.36 $48.78 $50.24
PUBLIC WORKS INSPECTOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $53.37 $54.97 $56.62
2 $55.80 $57.47 $59.19
3 $58.39 $60.14 $61.94
4 $61.11 $62.94 $64.83
5 $63.92 $65.84 $67.82
RECREATION COORDINATOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $39.54 $40.73 $41.95
2 $41.31 $42.55 $43.83
3 $43.17 $44.47 $45.80
4 $45.07 $46.42 $47.81
5 $47.05 $48.46 $49.91
SR ADMIN SUPPORT SPECIALIST Step CodeStep FY 2023 FY 2024 FY 2025 1 $37.52 $38.65 $39.81
2 $39.19 $40.37 $41.58
3 $40.98 $42.21 $43.48
Packet Page 736
4 $42.76 $44.04 $45.36
5 $44.68 $46.02 $47.40
SR BUILDING INSPECTOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $55.76 $57.43 $59.15
2 $58.38 $60.13 $61.93
3 $60.87 $62.70 $64.58
4 $63.97 $65.89 $67.87
5 $66.97 $68.98 $71.05
SR BUILDING MECHANIC Step CodeStep FY 2023 FY 2024 FY 2025 1 $46.19 $47.58 $49.01
2 $48.47 $49.92 $51.42
3 $50.92 $52.45 $54.02
4 $53.46 $55.06 $56.71
5 $56.15 $57.83 $59.56
SR EQUIPMENT MECHANIC Step CodeStep FY 2023 FY 2024 FY 2025 1 $47.46 $48.88 $50.35
2 $49.83 $51.32 $52.86
3 $52.31 $53.88 $55.50
4 $54.92 $56.57 $58.27
5 $57.69 $59.42 $61.20
SR LANDSCAPE & PARKS Step CodeStep FY 2023 FY 2024 FY 2025 MAINTENANCE WORKER 1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.56 $48.99 $50.46
4 $49.93 $51.43 $52.97
5 $52.43 $54.00 $55.62
SR LANDSCAPE INSPECTOR Step CodeStep FY 2023 FY 2024 FY 2025 1 $43.14 $44.43 $45.76
2 $45.29 $46.65 $48.05
3 $47.56 $48.99 $50.46
4 $49.93 $51.43 $52.97
5 $52.43 $54.00 $55.62
SR STREET MAINTENANCE WORKER Step CodeStep FY 2023 FY 2024 FY 2025 1 $43.15 $44.44 $45.77
2 $45.30 $46.66 $48.06
3 $47.56 $48.99 $50.46
4 $49.94 $51.44 $52.98
5 $52.44 $54.01 $55.63
Packet Page 737
STREET MAINTENANCE WORKER I Step CodeStep FY 2023 FY 2024 FY 2025 1 $35.57 $36.64 $37.74
2 $37.35 $38.47 $39.62
3 $39.22 $40.40 $41.61
4 $41.17 $42.41 $43.68
5 $43.24 $44.54 $45.88
STREET MAINTENANCE WORKER II Step CodeStep FY 2023 FY 2024 FY 2025 1 $39.17 $40.35 $41.56
2 $41.12 $42.35 $43.62
3 $43.19 $44.49 $45.82
4 $45.35 $46.71 $48.11
5 $47.61 $49.04 $50.51
STREET MAINTENANCE WORKER Step CodeStep FY 2023 FY 2024 FY 2025 1 $41.16 $42.39 $43.66
2 $43.21 $44.51 $45.85
3 $45.38 $46.74 $48.14
4 $47.64 $49.07 $50.54
5 $50.02 $51.52 $53.07
VEHICLE ABATEMENT OFFICER Step CodeStep FY 2023 FY 2024 FY 2025 1 $31.08 $32.01 $32.97
2 $32.62 $33.60 $34.61
3 $34.26 $35.29 $36.35
4 $35.96 $37.04 $38.15
5 $37.77 $38.90 $40.07
YOUTH INSTRUCTOR I Step CodeStep FY 2023 FY 2024 FY 2025 1 $19.47 $20.05 $20.65
2 $20.44 $21.05 $21.68
3 $21.46 $22.10 $22.76
4 $22.52 $23.20 $23.90
5 $23.65 $24.36 $25.09
YOUTH INSTRUCTOR II Step CodeStep FY 2023 FY 2024 FY 2025 1 $24.30 $25.03 $25.78
2 $25.53 $26.30 $27.09
3 $26.82 $27.62 $28.45
4 $28.15 $28.99 $29.86
5 $29.58 $30.47 $31.38

ATTACHMENT B
Eligibility for PST Employment Following Lay Off
Packet Page 738
Employees who have been the subject of layoff are eligible to be considered for Part-Time, Seasonal, Temporary (PST) employment to work in positions in the City of Newark as described below:

1. An employee who is the subject of layoff can apply for a Part-Time Seasonal position in the same or in a different job class performing the same or different job duties as he/she held and performed as a regular or full-time employee;

2. City will consider the employee who is the subject of layoff for the Part-Time Seasonal position for which he/she applied;

3. City may or may not hire the employee for that Part-Time Seasonal position at the discretion of the City;

4. Employee will be compensated at the Part-Time Seasonal position rate of pay;

5. If employee is hired as a Part-Time Seasonal employee, the employee will remain on the Reinstatement List and the time on the Reinstatement List will not be interrupted;

6. Time worked as a Part-Time Seasonal employee does not count toward seniority;

Packet Page 739

CITY OF NEWARK, CALIFORNIA
To: Newark Association of Miscellaneous Employees (NAME) Executive Board From: David Benoun, City Manager
Kris Kokotaylo, Interim City Attorney
Helen Que-Garcia, Acting Human Resources Director
Date: October 10, 2019
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2019-June 30, 2022 Memorandum of Understanding (MOU). The City and NAME agree to provide members of the association a $1,000 off-salary-schedule pay.

This pertains to Part-Time, Seasonal, and Temporary (PST) employees who were hired prior to July 1, 2019 that were converted to Regular-Full-Time employees in the same classification prior to distribution of the $1,000 off-salary-schedule pay. Since being converted to Regular FullTime employees after July 1, 2019 and working in the same classification prior to distribution of the $1,000 off-salary-schedule pay, employees that were converted from PST to Regular-FullTime employees are eligible for the $1,000 off-salary-schedule pay as stated in the MOU, Section IV. Salary Increase:

The off-salary-schedule lump sum payment of $1,000 is not reportable to CalPERS, consistent with CalPERS "Off-Salary-Schedule Pay" Circular Letter dated November 10, 2016.

For the Newark Association of
Packet Page 740

CITY OF NEWARK, CALIFORNIA
To: Newark Association of Miscellaneous Employees (NAME) Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: May 14, 2020
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2019-June 30, 2022 Memorandum of Understanding (MOU). The purpose of this side letter is to address changed conditions as a result of the COVID-19 pandemic and necessary reductions and revisions to service delivery within the City as a result. This side letter will become effective upon approval by the City Council.

On March 16, 2020, the Alameda County Public Health Officer issued an Executive Order directing the public to shelter at their place ofresidence except under certain limited circumstances (the "SIP"). The Alameda County Public Health Officer has since extended and modified the SIP. Additionally, the Governor of the State of California has issued a statewide Executive Order directing the public to shelter at their place of residence.

Packet Page 741
The City has reduced activity and services in response to the SIP, the emergency declarations and the COVID-19 pandemic. The City granted employees that were unable to perform their regular duties emergency paid administrative leave beginning March 17, 2020 ("EPAL").

The City and NAME agree to the following.
- Use of Federal Leaves: Beginning April 30, 2020, the City stopped providing EPAL and members of NAME that were unable to work and were thus required to shelter in place had access, and agreed to utilize, up to 80 hours of Emergency Paid Sick Leave. The number of hours accessible will be consistent with the Families First Coronavirus Response Act. Members of NAME that were unable to work because they needed to care for a child whose school closed or child care was unavailable became eligible to utilize Emergency Family Leave. These benefits will be available to NAME members through December 31, 2020 provided that the member meets the eligibility requirements for the prO!:,}TfilllS as established by federal law. - Alternate Work and Use of Leave: This below provision is in effect through December 31, 2020 or an earlier date as determined by the City. The City will endeavor to provide alternate work assignments, as deemed necessary and appropriate by the City, for members of NAME that are unable to perform their regular duties. Along with the use of applicable federal leaves, members of NAME for whom no appropriate alternate work assignments can be provided by the City will utilize accrued ]eave balances. Members of NAME with a qualifying reason to use sick leave pursuant to Section XI of the MOU may first use sick leave. Otherwise, members of NAME will first utilize leaves that expire June 30, 2020, then vacation leave or personal leave until no more than 40 hours of accrued vacation leave or personal leave remain. If vacation leave and personal leave are exhausted or no more than 40 hours of accrued vacation leave and personal leave remain, members of NA.ME will then utilize sick leave, which is expanded to permit use pursuant to this side letter. Members of NAME also have the option of fully exhausting vacation leave and personal leave before utilizing sick leave, and may leave up to 40 hours of sick leave before entering leave without pay. Members of NAME cannot enter leave without pay until the member has 40 hours or less of any accrued leave. - Negative Sick Leave: For members of NAME that exhaust their sick leave prior to December 31, 2020 or an earlier date as determined by the City, those members will be allowed to accrue a negative sick leave balance ofup to 40 hours (pro-rated for part-time employees to equal one week ofregularly scheduled hours). The negative balance will be replenished with future accruals.
- Temporary Suspension of Maximum Vacation Accrual: The maximum accumulation of vacation credits identified in Section X.D of the MOU are temporarily suspended for any excess accruals between March 16, 2020 and through March 15, 2021. Members ofNAME will have until March 15, 2022 to utilize any excess vacation accruals pursuant to the MOU. Any excess vacation accruals remaining on March 16, 2022 will be cashed out on the first pay period following the pay period including March 16, 2022.
- Employees That Did Not Use EPAL: Members of NAME that did not use EPAL or only partially used EPA.L between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees that are members of NAME are eligible for up to 120 hours of AAL based on 3 weeks ofregularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AAL based on 3 weeks ofregularly scheduled part-time hours. A.AL will be reduced proportionately Packet Page 742
hour for hour by the amount ofEPAL that a member of NAME used. For example, if a full time employee member of NAME partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that member would have 60 hours of AAL, while if a part time employee member of NAME that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours ofEPAL, that member would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

Dated: M 2---0W
For the Newark Association of
Miscellaneous Employees:

A
kngela Montez,President
Packet Page 743

CITY OF NEWARK, CALIFORNIA
To: Newark Association of Miscellaneous Employees (NAME) Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: June 25, 2020
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2019-June 30, 2022 Memorandum ofUnderstanding (MOU). The purpose of this side letter is to address changed circumstances as a result of significant economic impacts and impacts to the City's budget and financial circumstances due to the COVID-19 pandemic. This side letter will become effective upon approval by the City Council.

On March 16, 2020, the Alameda County Public Health Officer issued an Executive Order directing the public to shelter at their place of residence except under certain limited circumstances (the "SIP"). The Alameda County Public Health Officer has since extended and modified the SIP. Additionally, the Governor of the State of California has issued a statewide Executive Order directing the public to shelter at their place of residence.

The SIP has prevented a number of businesses from operating within the City and prevented the City from operating community programs, resulting in a significant decline in sales tax revenue, transient Packet Page 744
occupancy tax revenue, and revenue from City fees. As of the date of the side letter, the City projects deficits of greater than $7 million for fiscal years 20/21 and 21/22.

As a result of the severe fiscal impacts to the City, the City and NAME agree to eliminate the general salary/range increase of 1.5% scheduled for July 1, 2020.

The City and NAME agree to the following amendments to the MOU with revisions in redline:
- Section IV of MOU:

IV. SALARY INCREASE
A. General Salary Increase and off-salary-schedule lump sum payment:

The salary ranges for all classifications represented by the Association shall be increased as follows:
a. Effective July 1, 2019, salary increase shall be one and one half percent (1.5%) lr. Effective July 1, 2020, salary increase shall be one and one half percent (1.5%)
e-:-b.Effective July 1, 2021, salary increase shall be one and one half percent (1.5%).

If by January 1, 2021, the City's revenues for Fiscal Year 21/22 are projected to be at least $1,250,000 less than actual revenues for Fiscal Year 20/21, at the request of the City, the parties agree to re-open negotiations on the one and one half percent (1.5%) salary increase scheduled for July 1, 2021.

The off-salary-schedule lump sum payment of $1,000 is not reportable to CalPERS, consistent with the CalPERS "Off-Salary-Schedule Pay" Circular Letter dated November 10, 2016. - Attachment A.2 of MOU:

ATTACHMENT A.2
SALARY LIST- EFFECTIVE 07/01/2019 *Monthly salaries are based on a 40 hour work week Classification STEP I STEP2 STEP3 STEP4 STEPS
ACCOUNTING ASSISTANT I $5,662.22 $5,905.74 $6,170.44 $6,443.37 $6,743.37 $32.67 $34.07 $35.60 $37.17 $38.90
ACCOUNTING ASSISTANT II $6,225.76 $6,502.41 $6,788.94 $7,090.84 $7,415.80 $35.92 $37.51 $39.17 $40.91 $42.78
ADMIN SUPPORT SPEC I $5,130.46 $5,352.80 $5,582.22 $5,832.79 $6,083.38 $29.60 $30.88 $32.20 $33.65 $35.10
ADMIN SUPPORT SPEC II $5,601.09 $5,850.31 $6,109.39 $6,384.95 $6,667.09 Packet Page 745
$32.31 $33.75 $35.25 $36.84 $38.46
AQUATICS COORDINATOR $6,492.53
$37.46
$6,783.46
$39.14
$7,088.65
$40.90
$7,401.53
$42.70
$7,726.48
$44.58
BUILDING INSPECTOR I $8,345.65
$48.15
$8,724.41
$50.33
$9,129.51
$52.67
$9,556.56
$55.13
$9,995.69
$57.67
BUILDING INSPECTOR II $8,762.94
$50.56
$9,160.63
$52.85
$9,585.98
$55.30
$10,034.39
$57.89
$10,495.48
$60.55
BUILDING MECHANIC I $6,252.11
$36.07
$6,566.09
$37.88
$6,894.34
$39.77
$7,240.15
$41.77
$7,602.43
$43.86
BUILDING MECHANIC II $6,887.75
$39.74
$7,232.46
$41.73
$7,593.65
$43.81
$7,974.59
$46.01
$8,370.91
$48.29
CASHIER $5,706.49
$32.92
$5,960.09
$34.38
$6,229.06
$35.94
$6,506.80
$37.54
$6,791.14
$39.18
CHILD CARE INSTRUCTOR $3,991.69
$23.03
$4,192.59
$24.19
$4,403.37
$25.40
$4,624.04
$26.68
$4,856.78
$28.02
COLLECTIONS ASSISTANT $6,225.76
$35.92
$6,502.41
$37.51
$6,788.94
$39.17
$7,090.84
$40.91
$7,415.80
$42.78
COMMUNITY PRESERV SPECIALIST $6,958.01
$40.14
$7,274.18
$41.97
$7,605.72
$43.88
$7,958.13
$45.91
$8,327.00
$48.04
ENGINEERING AIDE I $6,066.90
$35.00
$6,336.31
$36.56
$6,619.84
$38.19
$6,915.12
$39.89
$7,228.06
$41.70
ENGINEERING TECHNICIAN I $7,199.53
$41.54
$7,521.19
$43.39
$7,864.81
$45.37
$8,226.00
$47.46
$8,600.35
$49.62
ENGINEERING TECI-INICIAN II $7,711.57
$44.49
$8,065.68
$46.53
$8,433.92
$48.66
$8,824.49
$50.91
$9,232.71
$53.27
ENGINEERING TECHNICIAN III $8,345.68
$48.15
$8,725.67
$50.34
$9,130.36
$52.67
$9,556.25
$55.13
$9,996.23
$57.67
EQUIPMENT MECHANIC I $6,428.86 $6,749.43 $7,088.65 $7,442.15 $7,814.31 $37.09 $38.94 $40.90 $42.94 $45.08
EQUIPMENT MECHANIC II $7,077.68 $7,431.17 $7,803.33 $8,193.06 $8,601.46 $40.83 $42.87 $45.02 $47.27 $49.62
FIELD ASSISTANT $4,374.02 $4,601.06 $4,824.59 $5,066.93 $5,319.87 $25.23 $26.54 $27.83 $29.23 $30.69
FINANCE TECHNICIAN I $8,119.50 $8,525.71 $8,953.85 $9,400.67 $9,869.43 $46.84 $49.19 $51.66 $54.23 $56.94
FINANCE TECHNICIAN II $8,822.14 $9,259.77 $9,724.47 $10,209.16 $10,718.55 $50.90 $53.42 $56.10 $58.90 $61.84
Packet Page 746
Classification STEP 1 STEP2 STEP3 STEP4 STEP 5
GENERAL LABORER $4,673.44
$26.96
$4,907.27
$28.31
$5,153.19
$29.73
$5,411.18
$31.22
$5,682.34
$32.78
INFORMATION SYSTEMS SPECIALIST $8,247.95
$47.58
$8,626.70
$49.77
$9,023.02
$52.06
$9,445.68
$54.49
$9,879.32
$57.00
INFORMATION SYSTEMS TECHNICIAN $7,084.25
$40.87
$7,436.66
$42.90
$7,805.53
$45.03
$8,196.36
$47.29
$8,608.04
$49.66
LANDSCAPE & PARKS MAINT WORKER I $5,840.42
$33.69
$6,132.45
$35.38
$6,439.84
$37.15
$6,761.49
$39.01
$7,100.73
$40.97
LANDSCAPE & PARKS MAINT WORKER II $6,432.I5
$37.11
$6,752.71
$38.96
$7,091.95
$40.91
$7,447.63
$42.97
$7,818.7I
$45.11
LANDSCAPE INSPECTOR $6,000.71
$34.62
$6,300.41
$36.35
$6,616.58
$38.17
$6,945.93
$40.07
$7,293.94
$42.08
LEAD CHILD CARE INSTRUCTOR $4,590.45
$26.48
$4,821.47
$27.82
$5,063.89
$29.21
$5,317.65
$30.68
$5,585.29
$32.22
PERMIT TECHNICIAN $6,530.65
$37.68
$6,821.57
$39.36
$7,132.28
$41.15
$7,442.98
$42.94
$7,776.96
$44.87
PUBLIC WORKS INSPECTOR $8,763.93
$50.56
$9,161.34
$52.85
$9,587.29
$55.31
$10,034.11
$57.89
$10,495.20
$60.55
RECREATION COORDINATOR $6,492.53
$37.46
$6,783.46
$39.14
$7,088.65
$40.90
$7,401.53
$42.70
$7,726.48
$44.58
RECYCLING ASSISTANT $6,225.76
$35.92
$6,502.41
$37.51
$6,788.94
$39.17
$7,090.84
$40.91
$7,415.80
$42.78
SR ADMIN SUPPORT SPECIALIST $6,160.99
$35.54
$6,435.45
$37.13
$6,728.57
$38.82
$7,021.68
$40.51
$7,336.75
$42.33
SR BUILDING INSPECTOR $9,156.95
$52.83
$9,585.10
$55.30
$9,994.59
$57.66
$10,503.98
$60.60
$10,995.81
$63.44
SR BUILDING MECHANIC $7,583.77
$43.75
$7,960.32
$45.92
$8,361.03
$48.24
$8,778.20
$50.64
$9,219.53
$53.19
SR EQUIPMENT MECHANIC $7,792.36
$44.96
$8,180.98
$47.20
$8,590.47
$49.56
$9,018.62
$52.03
$9,472.02
$54.65
SR LANDSCAPE & PARKS MAINT WORKER $7,084.25 $7,437.76 $7,808.82 $8,199.65 $8,609.14 $40.87 $42.91 $45.05 $47.3 I $49.67
SR LANDSCAPE INSPECTOR $7,084.25 $7,437.76 $7,808.82 $8,199.65 $8,609.14 $40.87 $42.91 $45.05 $47.31 $49.67
SR STREET MAINT WORKER $7,084.54 $7,438.63 $7,809.23 $8,199.81 $8,610.38 $40.87 $42.91 $45.05 $47.31 $49.67
STREET MAINTENANCE WORKER I $5,840.42 $6,132.45 $6,439.84 $6,761.49 $7,100.73 $33.69 $35.38 $37.15 $39.01 $40.97
STREET MAINTENANCE WORKER II $6,432.15 $6,752.71 $7,091.95 $7,447.63 $7,818.71 $37.11 $38.96 $40.91 $42.97 $45.11
STREET MAINTENANCE WORKER LEAD $6,758.66 $7,096.29 $7,451.57 $7,823.34 $8,213.91 $38.99 $40.94 $42.99 $45.13 $47.39
VEHICLE ABATEMENT OFFICER $5,102.10 $5,357.20 $5,624.62 $5,906.1 I $6,201.68 $29.44 $30.91 $32.45 $34.07 $35.78
YOUTH INSTRUCTOR I $3,197.57 $3,356.38 $3,522.27 $3,697.55 $3,883.44 $18.45 $19.36 $20.32 $21.33 $22.40
YOUTH INSTRUCTOR II $3,991.67 $4,192.84 $4,403.43 $4,622.23 $4,856.34 $23.03 $24.19 $25.40 $26.67 $28.02
Packet Page 747
ATTACHMENT A.2
SALARY LIST- EFFECTIVE 07/01/20210 *Monthly salaries are based on a 40 hour work week Classification STEP 1 STEP2 STEP3 STEP4 STEPS
ACCOUNTING ASSISTANT I $5,747.15
$33.16
$5,994.32
$34.58
$6,263.00
$36.13
$6,540.02
$37.73
$6,844.52
$39.49
!ACCOUNTING ASSISTANT II $6,319.14
$36.46
$6,599.95
$38.08
$6,890.77
$39.75
$7,197.20
$41.52
$7,527.04
$43.43
IADMIN SUPPORT SPEC I $5,207.42
$30.04
$5,433.09
$31.34
$5,665.95
$32.69
$5,920.28
$34.16
$6,174.63
$35.62
ADMIN SUPPORT SPEC II $5,685.11
$32.80
$5,938.06
$34.26
$6,201.03
$35.77
$6,480.72
$37.39
$6,767.09
$39.04
AQUATICS COORDINATOR $6,589.92
$38.02
$6,885.21
$39.72
$7,194.98
$41.51
$7,512.56
$43.34
$7,842.38
$45.24
BUILDING INSPECTOR I $8,470.84
$48.87
$8,855.28
$51.09
$9,266.45
$53.46
$9,699.91
$55.96
$10,145.62
$58.53
BUILDING INSPECTOR II $8,894.39
$51.31
$9,298.04
$53.64
$9,729.77
$56.13
$10,184.91
$58.76
$10,652.91
$61.46
BUILDING MECHANIC I $6,345.89
$36.61
$6,664.58
$38.45
$6,997.75
$40.37
$7,348.75
$42.40
$7,716.47
$44.52
BUILDING MECHANIC II $6,991.07
$40.33
$7,340.95
$42.35
$7,707.56
$44.47
$8,094.21
$46.70
$8,496.47
$49.02
CASHIER $5,792.09
$33.42
$6,049.49
$34.90
$6,322.49
$36.48
$6,604.40
$38.10
$6,893.01
$39.77
CHILD CARE INSTRUCTOR $4,051.57
$23.37
$4,255.48
$24.55
$4,469.43
$25.79
$4,693.40
$27.08
$4,929.63
$28.44
COLLECTIONS ASSISTANT $6,319.14
$36.46
$6,599.95
$38.08
$6,890.77
$39.75
$7,197.20
$41.52
$7,527.04
$43.43
COMMUNITY PRESERV SPECIALIST $7,062.38
$40.74
$7,383.29
$42.60
$7,719.81
$44.54
$8,077.50
$46.60
$8,451.90
$48.76
ENGINEERING AIDE I $6,157.90
$35.53
$6,431.35
$37.IO
$6,719.14
$38.76
$7,018.85
$40.49
$7,336.48
$42.33
ENGINEERING TECHNICIAN I $7,307.52
$42.16
$7,634.01
$44.04
$7,982.78
$46.05
$8,349.39
$48.17
$8,729.35
$50.36
ENGINEERING TECHNICIIAN II $7,827.25
$45.16
$8,186.66
$47.23
$8,560.43
$49.39
$8,956.86
$51.67
$9,371.20
$54.06
ENGINEERING TECHNICIIAN III $8,470.86 $8,856.56 $9,267.32 $9,699.59 $IO,146.17 $48.87 $51.10 $53.47 $55.96 $58.54
EQUIPMENT MECHANIC I $6,525.29 $6,850.67 $7,194.98 $7,553.78 $7,931.53 $37.65 $39.52 $41.51 $43.58 $45.76
EQUIPMENT MECHANIC II $7,183.84 $7,542.64 $7,920.38 $8,315.96 $8,730.48 $41.45 $43.51 $45.69 $47.98 $50.37
FIELD ASSISTANT $4,439.63 $4,670.07 $4,896.96 $5,142.93 $5,399.67 $25.61 $26.94 $28.25 $29.67 $31.15
FINANCE TECI-INICIAN I $8,241.30 $8,653.59 $9,088.16 $9,541.68 $10,017.48 $47.55 $49.92 $52.43 $55.05 $57.79
FINANCE TECHNICIAN II $8,954.47 $9,398.67 $9,870.34 $10,362.30 $10,879.33 $51.66 $54.22 $56.94 $59.78 $62.77
Packet Page 748
Classification STEP 1 STEP2 STEP3 STEP4 STEP 5
S
V
GENERAL LABORER $4,743.54
$27.37
$4,980.88
$28.74
$5,230.48
$30.18
$5,492.35
$31.69
$5,767.57
$33.27
INFORMATION SYSTEMS SPECIALIST $8,371.67
$48.30
$8,756.10
$50.52
$9,158.36
$52.84
$9,587.37
$55.31
$10,027.51
$57.85
INFORMATION SYSTEMS TECHNICIAN $7,190.52
$41.48
$7,548.21
$43.55
$7,922.62
$45.71
$8,319.30
$48.00
$8,737.16
$50.41
LANDSCAPE & PARKS MAINT WORKER I $5,928.03
$34.20
$6,224.43
$35.91
$6,536.44
$37.71
$6,862.92
$39.59
$7,207.24
$41.58
LANDSCAPE & PARKS MAINT WORKER II $6,528.63
$37.66
$6,854.00
$39.54
$7,198.33
$41.53
$7,559.35
$43.61
$7,935.99
$45.78
LANDSCAPE INSPECTOR $6,090.72
$35.14
$6,394.92
$36.89
$6,715.83
$38.74
$7,050.12
$40.67
$7,403.35
$42.71
LEAD CHILD CARE INSTRUCTOR $4,659.31
$26.88
$4,893.80
$28.23
$5,139.84
$29.65
$5,397.41
$31.14
$5,669.07
$32.71
PERMIT TECHNICIAN $6,628.61
$38.24
$6,923.89
$39.95
$7,239.27
$41.76
$7,554.63
$43.58
$7,893.61
$45.54
PUBLIC WORKS INSPECTOR $8,895.39
$51.32
$9,298.76
$53.65
$9,731.10
$56.14
$10,184.62
$58.76
$10,652.63
$61.46
RECREATION COORDINATOR $6,589.92
$38.02
$6,885.21
$39.72
$7,194.98
$41.51
$7,512.56
$43.34
$7,842.38
$45.24
RECYCLING ASSISTANT $6,319.14
$36.46
$6,599.95
$38.08
$6,890.77
$39.75
$7,197.20
$41.52
$7,527.04
$43.43
SR ADMIN SUPPORT SPECIALIST $6,253.40
$36.08
$6,531.98
$37.68
$6,829.50
$39.40
$7,127.00
$41.12
$7,446.81
$42.96
SR BUILDING INSPECTOR $9,294.31
$53.62
$9,728.88
$56.13
$10,144.51
$58.53
$10,661.54
$61.51
$11,160.75
$64.39
SR BUILDING MECHANIC $7,697.52 $8,079.73 $8,486.45 $8,909.87 $9,357.82 $44.41 $46.61 $48.96 $51.40 $53.99
SR EQUIPMENT MECHANIC $7,909.24 $8,303.70 $8,719.33 $9,153.90 $9,614.10 $45.63 $47.91 $50.30 $52.81 $55.47
SR LANDSCAPE & PARKS MAINT WORKER $7,190.52 $7,549.32 $7,925.95 $8,322.64 $8,738.28 $41.48 $43.55 $45.73 $48.01 $50.41
SR LANDSCAPE INSPECTOR $7,190.52 $7,549.32 $7,925.95 $8,322.64 $8,738.28 $41.48 $43.55 $45.73 $48.01 $50.41
SR STREET MAINT WORKER $7,190.81 $7,550.21 $7,926.37 $8,322.81 $8,739.53 $41.49 $43.56 $45.73 $48.02 $50.42
STREET MAINTENANCE WORKER I $5,928.03 $6,224.43 $6,536.44 $6,862.92 $7,207.24 $34.20 $35.91 $37.71 $39.59 $41.58
STREET MAINTENANCE WORKER II $6,528.63 $6,854.00 $7,198.33 $7,559.35 $7,935.99 $37.66 $39.54 $41.53 $43.61 $45.78
TREET MAINTENANCE WORKER LEAD $6,860.04
$39.58
$7,202.74
$41.55
$7,563.35
$43.63
$7,940.69
$45.81
$8,337.12
$48.10
EHICLE ABATEMENT OFFICER $5,178.63
$29.88
$5,437.56
$31.37
$5,708.99
$32.94
$5,994.70
$34.58
$6,294.71
$36.32
Packet Page 749

YOUTH INSTRUCTOR
I $3,245.54 $3,406.73 $3,575.11 $3,753.02 $3,941.69
$18.72 $19.65 $20.63 $21.65 $22.74
YOUTH INSTRUCTOR II $4,051.55 $4,255.74 $4,469.48 $4,691.56 $4,929.18 $23.37 $24.55 $25.79 $27.07 $28.44
Packet Page 750
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ATTACHMENT A.l
SALARY LIST Eli'FECTIVE 07/01/2021 *Manthly salaries are based an 11 40 haur wark weel, Cl11ssifie11ti0n ST-EP--1- STEl4 STE¥-J STEP--§
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$8,597.90 $8,988.11 $9,405.45 $9,845.41 $10,297.81
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$6,953.43 $7,302.90 $7,/40+.-09 $8,050.50
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,., . ,- AA ·-:r -• A• $7,291.60 ' ·- ._. .._. - $7,655.78 $8,039.19 $8,440.69 $8,861.43 $42.,-0+ $44.,.H
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Packet Page 751
Packet Page 752
Chtssifitetian S+EP--1- S+El4 S+EP-J S+EP-4
$4,814.69 $!i,Q!i,U9 $!i,3Q8.94 $!i,!i+4.+3 $!i,8!i4.Q8 $8,49+.2/i $8,88+.4 4 $9,29/i.+4 $9,'.731.18 $1Q,l++.92 $+,298.3+ $+,661.43 $8,Q4I .4!i $8,444.09 $8,868.22
$42-,..J..+
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$4-0M
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$6,182.08 $6,490.84 $6,816.!i+ $+,l!i!i.8+ $+,!il4.4Q
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$4,+29.2Q $4,96+.2Q $/i,216.94 $!i,4+8.3+ $!i,+!i4.I I
$2-+d& $30,-W W4J.
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$6,688.+'.7 $6,988.49 $+,3Q2.9Q $+,62/i.24 $+,96Q.Q2
$6,413.93 $6,698.9/i $6,994.13 $+,3Q!i.l6 $+,639.9/i
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$6,34+.2Q $6,629.96 $6,931.94 $+,233.91 $+,!i!i8.!il
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$6,Ql6.9!i $6,3l+.8Q $6,634.48 $6,96/i.86 $+,3l!i.3!i
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Packet Page 753
$3,294.22 $3,457.83 $3,628.73 $3,809.31 $4,000.82
$-1-9,-0-1.
$4,112.32 $4,319.57 $4,536.52 $4,761.94 $5,003.12
$24.-92 $2M-7 P-747
For the Newark Association of
Miscellaneous Employees:

Presint
Packet Page 754
c
NaElWifoArnRiKa
City of Newark
City Manager's Office 37101 Newark Boulevard
Newark, CA 94560
To: Newark Association of Miscellaneous Employees (NAME) Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: April 8, 2021
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2019- June 30, 2022 Memorandum of Understanding (MOU). The purpose of this side letter is to address continued changed circumstances as a result of the COVID-19 pandemic. This side letter will become effective upon approval by the City Council.

On March 4, 2020, the Governor of the State of California declared a state of emergency in the State of California.
- On March 1, 2020, the Alameda County Health Officer declared a local health emergency and on March 10, 2020, the Alameda County Board of Supervisors ratified the declaration of a local health emergency.
- On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. - On March 13, 2020, the President of the United States declared a state of national emergency. - On March 16, 2020, the Newark City Manager, acting in his capacity as the Director of Emergency Services, proclaimed the existence of a local emergency and on March 17, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency.

On May 14, 2020, the Newark City Council authorized a side letter to the MOU to approve temporary modified benefits as a result of changed conditions due to the COVID-19 pandemic (Side Letter), and it is now necessary to revisit the terms of the Side Letter. - On March 19, 2021, the California State Governor signed Senate Bill 95, requiring employers to provide supplemental paid sick leave to its employees.
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Packet Page 755
City of Newark - City Manager's Office
- The Alameda County Public Health Officer continues to extend and modify an Executive Order directing the public to comply with social distancing measures and other restrictions necessary to control the spread of COVID-19.

The City and NAME agree to the following:
- Use of Federal Leaves: The number of hours of Emergency Paid Sick Leave (EPSL) accessible, consistent with the Families First Coronavirus Response Act and as provided under the Side Letter, is hereby extended to June 30, 2021, provided that the member meets the eligibility requirements for the program as established by federal law. Emergency Family Medical Leave expired December 31, 2020 under the Side Letter. - Negative Sick Leave: For members of NAME that exhausted their sick leave prior to December 31, 2020, those members will no longer be allowed to accrue a negative sick leave balance. - Temporary Suspension of Maximum Vacation Accrual: The maximum accumulation of vacation credits identified in Section X.D of the MOU are temporarily suspended for any excess accruals between March 16, 2020 and through June 30, 2021. Members of NAME will have until June 30, 2022 to utilize any excess vacation accruals pursuant to the MOU. Members of NAME may also convert an additional amount of vacation hours equaling up to three months of vacation accrual into excess vacation accruals. Any excess vacation accruals remaining on June 30, 2022 will be cashed out on the first pay period following the pay period including June 30, 2022.
- Temporary Suspension of Vacation Buy-Back Requirement: The requirement identified in Section X.C of the MOU requiring employees to use one-half of the vacation time accrued during the 12-month period from July 1 through June 30 of the prior fiscal year is temporarily suspended and not required for the June 15, 2021 payment that may be requested in April 2021, the December 15, 2021 payment that may be requested in October 2021, and the June 15, 2022 payment that may be requested in April 2022. - Supplemental Paid Sick Leave (SPSL): Effective January 1, 2021, members of NAME are eligible for two weeks of paid regular work schedule hours if they were unable to work or telework due to their own or a qualifying family member's isolation or quarantine period; to care for a child whose school or day care is unavailable; or to attend a vaccination appointment or care for their own vaccine-related symptoms. This benefit will be available to NAME members through September 30, 2021, provided that the member meets the eligibility requirements for the program as established by state law. - Workplace exposure paid leave: After exhaustion of EPSL and SPSL, and if telework is unavailable, employees exposed to COVID-19 in the workplace will receive paid administrative leave for the hours they must remain in isolation or quarantine as required by the Alameda County Public Health Officer's Order at any point in time during the local emergency. This benefit does not apply to employees who are teleworking.

Packet Page 756
City of Newark - City Manager's Office
- Authority to extend benefits: The City Manager is authorized to extend any of the benefits expiration dates, in any increment of time, up to the end of the declaration of the City local emergency. -N 2-)
Dated:------,,,,:. --------
For the Newark Association of Miscellaneous
Employees:

Packet Page 757
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND ADOPTING A MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF NEWARK

AND THE NEWARK POLICE MANAGEMENT

ASSOCIATION, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE MEMORANDUM OF UNDERSTANDING AND
APPROVING AN AMENDMENT TO THE CITY’S SALARY

SCHEDULE IN CONFORMANCE WITH CALIFORNIA CODE
OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the current Memorandum of Understanding between the City of Newark (the “City”) and the Newark Police Management Association (“NPMA”) expires on June 30, 2022; and
WHEREAS, the City and NPMA entered into negotiations for a successor memorandum of understanding; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) and the Newark Municipal Code, the City Manager or his designee, as authorized by the City Council, has met and conferred in good faith with the representatives of NPMA on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and NPMA have reached a tentative agreement to a successor Memorandum of Understanding dated July 1, 2022 (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A with a redlined version of the prior MOU attached hereto as Exhibit B for general reference only; and WHEREAS, the membership of NPMA ratified the agreement as of June 8, 2022; and
WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves and adopts the MOU for NPMA, effective July 1, 2022 and authorizes the City Manager to execute the MOU and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that if any provisions contained herein are found to be in conflict with provisions of any other previous resolutions pertaining to the NPMA MOU, the provisions herein shall prevail.

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BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective July 1, 2022.

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK
AND

NEWARK POLICE MANAGEMENT ASSOCIATION
JULY 1, 2022

THROUGH
JUNE 30, 2025
Adopted:

June 23, 2022
Resolution No.

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0 Section

TABLE OF CONTENTS
Page
I. Term 1
II. Recognition 1
III. Definitions 1
IV. Compensation 1
V. Working Hours 3
VI. Labor Market 4
VII. Acting/Special Assignment Pay 5
VIII. Retirement 6
IX. Health and Welfare 8
X. Life Insurance 11
XI. Uniform Maintenance and Provision of Uniforms 11
XII. Educational Reimbursement 11
XIII. Recreation Benefits 14
XIV. Proration of Holiday, General, and Bereavement Leave Accruals for Regular Part-Time Employees (RPT) 14
XV. Management Leave 14
XVI. General Leave 15
XVII. Sick Leave 15
XVIII. Bereavement Leave 15
XIX. Holidays 16
XX. Grievance Procedure 17
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0 XXI. Implementation of Section 414(h)(2) of the United States Internal Revenue Code 20
XXII. Management Rights 21
Attachments
A Newark Police Management Association Pay Plan
B Salary Schedule
C General Leave Plan
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1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK AND NEWARK POLICE MANAGEMENT ASSOCIATION I. TERM
This agreement shall be in effect from July 1, 2022 through July 1, 2025.

II. RECOGNITION
The City of Newark (“City”) recognizes the Newark Police Management Association (“NPMA”), hereinafter referred to as the “Association,” as the majority representative for regular full-time employees in the sworn classifications and full-time and regular part-time non-sworn classifications listed below, pursuant to Employer-Employee Relations Resolution No. 1833:

Police Captain Police Lieutenant
Community Engagement Manager
Police Support Services Manager
III. DEFINITIONS
For purposes of this Memorandum of Understanding (“MOU” or “Agreement”), unless the context otherwise requires, the following definitions in this Agreement shall apply:

A. “Employees” shall mean those regular full-time and regular part-time employees of the City of Newark occupying classifications represented by the Newark Police Management Association.

B. “Employer” shall mean the City of Newark.

C. “Non-sworn” refers to those personnel occupying the classifications of Police Support Services Manager and Community Engagement Manager.

D. “Sworn” refers to personnel occupying classifications of Police Captain and Police Lieutenant.

IV. COMPENSATION
Employees shall be compensated pursuant to the Newark Police Management Association Pay Plan as set forth in Attachment A and Attachment B attached hereto and incorporated herein by this reference. The NPMA classifications that are participating in the Newark Police Management Association Pay Plan are those listed below:

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2 Classification Range
Community Engagement Manager 10
Police Captain 22
Police Lieutenant
Police Support Services Manager
19 15
Effective July 1, 2022, the minimum of each range will be amended to be 20% below the current range maximum. Employees currently below this minimum will be adjusted to be at the new range minimum. Said minimum adjustment shall be implemented independently of below noted general salary increases.

Effective July 1, 2022, the total compensation salary ranges for all NPMA employees shallbe increased four percent (4.0%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All employees shall receive a four percent (4%) salary increase.

Effective July 1, 2023, the total compensation salary ranges for all NPMA employees shallbe increased three percent (3.0%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All employees shall receive a three percent (3%) salary increase.

Effective July 1, 2024, the total compensation salary ranges for all NPMA employees shallbe increased three percent (3.0%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All employees shall receive a three percent (3%) salary increase.

Salary Computation: Hourly equivalent of base monthly = base monthly salary x

0.0057692 (0.0057692 represents the monthly salary divided by the average number of hours worked in a month).

A. LONGEVITY PAY
Longevity Pay will be phased in over the term of this memorandum for the Police Lieutenant classification. The Police Lieutenant will receive 50% of their eligible longevity pay between July 1, 2022 and June 30, 2023; 75% of their eligible longevity pay between July 1, 2023 and June 30, 2024; and will be eligible to receive the full longevity pay starting July 1, 2024.

Effective July 1, 2022 the regular full-time employees in the classifications of Police Lieutenant and Police Captain are eligible for longevity pay as follows:

Police Captain:

Upon commencement of 10 years of service - 2.5% salary increase Upon commencement of 15 years of service - 5.0% salary increase Upon commencement of 20 years of service - 7.5% salary increase Packet Page 764
3 Police Lieutenant:

July 1, 2022 – June 30, 2023
Upon commencement of 10 years of service - 1.25% salary increase Upon commencement of 15 years of service - 2.5% salary increase Upon commencement of 20 years of service - 3.75% salary increase July 1, 2023 – June 30, 2024
Upon commencement of 10 years of service - 1.875%salary increase Upon commencement of 15 years of service - 3.75% salary increase Upon commencement of 20 years of service - 5.625% salary increase July 1, 2024 – June 30, 2025
Upon commencement of 10 years of service - 2.5% salary increase Upon commencement of 15 years of service - 5.0% salary increase Upon commencement of 20 years of service - 7.5% salary increase Longevity pay is computed on base compensation only. The maximum longevity pay premium is 7.5% of salary for eligible employees.

For service to meet the requirements of longevity pay, it must meet all of the following criteria:
▪ Full-time sworn service in the classifications of Police Officer, Police Corporal, Police Sergeant, Police Lieutenant, Police Commander, Police Captain, and/or similar sworn position; in a public sector agency, including probationary time; and ▪ Active service (in a paid status) or approved leave without pay that qualifies for FMLA, CFRA, PDL, workers’ compensation or other protected leaves per state or federal law.

V. WORKING HOURS
A. Full-time employees work 40 hours per week and as necessary. The City Manager may revise the standard work schedule upon reasonable notice.

B. Sworn employees work a Four-Ten (4/10) schedule that equates to 40- hours per week in a two week period. Typically, an employee assigned to this work schedule will work ten (10) hours per day for four (4) days in oneweek.

C. Non-sworn employees work a Nine-Eighty (9/80) schedule that equates to 40- hours per week in a two week period. Typically, an employee assigned to this work schedule will work nine (9) hours per day for four (4) days andone day of eight (8) hours in one week (for a total of 44 hours) and then nine (9) hours per day for four (4) days in the next week (for a total of 36 hours).

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4 D. City offices will be closed for business during the December holiday season. Nonessential employees, as determined by the City Manager, will participate in a fourday furlough. Employees may use general leave, management leave, holiday or floating holidays during the furlough.

E. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough. Employees on an approved leave of absence without pay that started before December 10 and extends through or beyond December 31 will not be affected by the furlough and will not be eligible for holiday pay.

F. Employees who elect a leave of absence without pay for the furlough may request up to a four-day salary advance. This salary advance must be requested by June 1 preceding the furlough. Repayment of a salary advance for the furlough may be spread over a period of time provided that:

1. There is two weeks advance notice to payroll,

2. The salary advance is fully repaid no later than the last full pay period of the calendar year, so all payments occur within the same calendar and fiscal year of the furlough,

3. Payments begin no earlier than July 1 of the impacted calendar year, and

4. The repayment plan is approved by the Finance Director, or designee prior to the furlough.

G. The Police Support Services Manager and Community Engagement Manager will normally be assigned to a Four-Ten (4/10) schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives. Alternatives to the work schedules outlined above will be subject to the approval of the City Manager.

VI. LABOR MARKET
The following agencies comprise the designated labor market for the purpose of salary and benefit survey comparisons: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City. The City will review the designated labor market during the first year of the term of this agreement, and agree to meet and confer on any proposed changes.

During the first year of the term of the contract, the City will conduct a Classification and Compensation Study. The Classification portion will include updating all job classifications to reflect current duties. The Compensation portion will include conducting a Total Compensation Survey for all Association classifications. The Study will be subject to meet and confer with the Association prior to implementation.

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5 The survey is for purposes of study and negotiations and shall not trigger any automatic adjustments.
"Total compensation" for survey purposes shall include:
• Top step/range base salary.
• That portion of the employer's PERS contribution that is paid by the employee (employee contributions to the employer’s PERS costs shall be reflected as a negative number).
• The amount of the highest premium the employer will pay for family coverage of medical, dental, and vision premiums.
• Any premiums paid by the employer for life insurance. • Any premiums paid by the employer for long term and/or short term disability.

For discussion purposes, the parties will prepare an alternative “Total compensation” survey that includes the items above and adds the following:
• The maximum amount paid by the employer for educational achievements or POST certificates.
• The maximum amount paid by the employer for length of service. • The maximum number of holiday hours or holiday pay provided by the employer. • The maximum amount paid by the employer toward a deferred compensation program.

VII. ACTING/SPECIAL ASSIGNMENT PAY
A. Employees are eligible for premium pay of 5% over base salary while acting in a higher classification when assigned and prescribed by the City Manager.

B. The City agrees to pay regular full-time employees bilingual assignment pay of $100.00 per month. Regular part-time employees scheduled to work 30-35 hours per week will receive bilingual assignment pay of $75.00 per month and regular part-time employees scheduled to work 20-25 hours per week will receive bilingual assignment pay of $50.00 per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522 which establishes a policy and procedures for receiving bilingual assignment pay:

1. Employees will be required to pass an initial fluency test administered by the City or an independent testing service. Employees will be required to undergo periodic testing of skill level to remain eligible for bilingual pay.

2. Eligible languages will be determined by the City.

3. Employees must be in a classification that brings them into regular contact with the general public.

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6 4. The City retains the right to make the final determination regarding eligibility for bilingual assignment pay.

VIII. RETIREMENT
A. All employees who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

B. The City shall continue to provide to all sworn Classic employees a retirement formula known as “3% at 50” together with single year highest compensation, military service credit for prior service, and the indexed level1959 survivor benefit options of the CalPERS pension plan. Sworn Classic Members continue to pay the 9% employee rate for the 3% at 50 retirement formula plus continue to pay up to 4% of an additional contribution in accordance with the following formula for a current total pre-tax contribution of 13%.

Sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Safety Plan employer actuarial rate for the 3% at50 retirement formula exceeds 17.00% to a maximum of 25.00%. In the event that the employer rate exceeds 25.00%, the City shall be responsible for any increase above 25.00%. In subsequent years, if the rate over 17.00% decreases, the sworn Classic members matching percentage of salary in the form of the employee contribution rate will be reduced by the above formula. Employer rate reductions below 17.00% will not be shared with sworn Classic members under the above formula.

The following example is for illustrative purposes only:

If the CalPERS Safety Plan employer actuarial rate for the 3% at 50 retirement formula increased from 17.00% to 20.00% effective July 1, 2006,the sworn Classic members’ rate would increase from 9.00% to 10.50%.

The City would then be responsible for the matching 1.50%. If the rate decreased from 20.00% to 18.00%, the sworn Classic members’ rate would decrease by

1.00%. The members’ rate increase or decrease would be done through a contract amendment with CalPERS and the City.

C. The City shall continue to provide to all non-sworn Classic management employees a retirement formula known as “2.5% at 55” together with singleyear highest compensation, pre-retirement optional settlement level 2 death benefit, military service credit for prior service, and the indexed level 1959 Survivor Benefit options of the CalPERS pension plan. Non-Sworn Classic Members continue to pay the 8% employee rate for the 2.5% at 55 retirement formula plus continue to pay up to 3.468% of an additional contribution in accordance with the following formula for a total tax deferred contribution of 11.468%.

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7 Non-sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Miscellaneous Plan employer actuarial rate for the

2.5% at 55 retirement formula exceeds 10.00% to a maximum of 16.936%. In the event that the employer rate exceeds 16.936%, the City shall be responsible for any increase above 16.936%. In subsequent years of the term of the agreement, if the rate over 10.00% decreases, non-sworn Classic members’ matching percentage of salary will be reduced by the above formula. Employer rate reductions below 10.00% will not be shared under the above formula.

The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to 10.00%, each Classic non-sworn member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases by 3.0%, each non-sworn Classic member would contribute half of the 3.00% increase (1.50%) from their salary to pay for the retirement benefit. The City would then be responsible for the matching 1.50%. If the rate decreased by 3.0%, the non-sworn Classic member would no longer contribute the additional 1.50% of their salary towards the employer rate to pay for the retirement benefit.

D. The City shall provide to sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) a retirement formula known as 2.7% at 57 in accordance with the Public Employees’ Pension Reform Act of 2013.

Sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the 2.7% at 57 plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate (currently 12%), sworn PEPRA Members will pay an additional contribution of 4.0% for a total of 16%. If CalPERS approves a contract amendment for the City of Newark that charges Sworn New PEPRA Members an additional 1.5% contribution rather than an additional 4% contribution for a current total of 13.5% rather than a current total of 16% (and CalPERS approves the provisions described here in for Sworn Classic Members, Non-Sworn Classic and Non-Sworn PEPRA Members), the City agrees to amend its contract for Sworn PEPRA Members accordingly.

The following is for illustrative purposes only:

If the employee rate for sworn PEPRA Members is 12%, in this example sworn PEPRA Members would pay the 12% employee rate plus an additional 4% for a total of 16%.

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8 E. The City shall provide to all non-sworn employees who were appointed on or after January 1, 2013 who are non-sworn PEPRA Members (as defined by CalPERS) a retirement formula known as 2% at 62 in accordance with the Public Employees’ Pension Reform Act of 2013.

Non-sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the 2% at 62 plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate, non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members pay.

F. The City shall provide the one-year highest compensation option to Classic sworn and non-sworn members. The City shall provide the three-year average compensation requirement to PEPRA members as defined above.

IX. HEALTH AND WELFARE
A. The contribution by the City toward monthly premiums for health and welfare programs of employees represented by the Association shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cash-in-Lieu benefit as provided below in Section 4. The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

B. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, City-administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet and confer with the Association regarding the impact of such changes.

Effective for the 2022 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

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9 For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $878
Employee + 1 Dependent: $1,755
Employee + 2 or more Dependents: $2,318
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $439-$549
Employee + 1 Dependent: $878-$1,097
Employee + 2 or more Dependents: $1,159-$1,449
Effective for the 2023 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $896
Employee + 1 Dependent: $1,790
Employee + 2 or more Dependents: $2,364
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448-$560
Employee + 1 Dependent: $895-$1,119
Employee + 2 or more Dependents: $1,182-$1,478
Effective for the 2024 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $913
Employee + 1 Dependent: $1,826
Employee + 2 or more Dependents: $2,412
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457-$571
Employee + 1 Dependent: $913-$1,141
Employee + 2 or more Dependents: $1,206-$1,507
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10 Effective for the 2025 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more
Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee + 2 or more Dependents: $1,230-$1,537
C. Cash Back / Cash In Lieu of Benefits:

1. Cash-In-Lieu: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive $450 “cash-in-lieu” of benefits, which includes the PEMCHA minimum per section A.1 above.

2. Cafeteria Plan Cash-Back: Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to $450per month of any money not used for the purchase of employer offered benefits.

Any “cash-in-lieu and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working 30-35 hours the cash-in-lieu and cash back amount will be $338-$394.

For Regular Part-Time Employees working 20-25 hours the cash-in-lieu and cash back amount will be $225-$281.

D. City and Association agree that in the event of any additional federal or state mandates requiring employer contributions for health care coverage, the City and Association shall reopen the memorandum of understanding to meet and confer on the issue of health care premiums and its impact on total compensation.

E. All regular full-time employees in the Association shall receive an allowance of $100 per month intended to be used towards the cost of health care premiums, long-term disability premiums, and/or reimbursement for medical, dental, vision, and prescription expenses. All regular part-time employees in the Association shall receive an allowance of up to $75 for 30-35 hour Packet Page 772
11 employees and up to $50 for 20-25 hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:

An employee must be in a paid status (on the payroll) in order to receive the allowance. During any unprotected leave of absence without pay, an employee is not eligible to receive the health care benefit allowance.

Employees appointed to a classification covered by this Compensation Plan will be eligible for the health and welfare benefit on the first of the month coincident to or immediately following appointment.

When an employee is terminated or in an unpaid leave status, the health and welfare benefit shall be paid on a monthly pro-rata basis. To qualify for prorate pay, the employee must serve 50 percent of the working days in the month.

X. LIFE INSURANCE
The City will provide City-paid life insurance coverage of $20,000 to each employee.

Effective July 1, 2022, this amount will increase to $50,000 for regular full-time and regular part-time employees. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

XI. UNIFORM MAINTENANCE AND PROVISION OF UNIFORMS
Sworn employees designated as public safety shall receive a uniform maintenance allowance of $100.00 per month.

The Police Support Services Manager and Community Engagement Manager shall receive a uniform maintenance allowance of $45.00 per month for the purchase and maintenance of City approved uniforms.

The City and Association agree to meet and confer in calendar year 2023 towards the possibility of implementing a City-provided and maintained uniform program in replacement of the uniform allowance.

XII. EDUCATIONAL REIMBURSEMENT
A. Job-related Training

1. The City Manager may authorize reimbursement up to 100% of the cost for professional courses and programs that are directly related to the employee’s job or which will prepare the employee for advancement or acceptance of greater responsibility. A certificate of completion or a passing course grade must be attained for reimbursement.

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12 B. Plan and Agreement for a College Degree Program

1. In addition to job-related training, the City Manager may authorize reimbursement for up to $10,000.00 of the cost for tuition fees and required text books for a college degree program directly related to the employee’s job which will prepare the employee for advancement or acceptance of greater responsibility provided that the employee attains a course grade of “C” or a passing grade as defined by the degree program if that requirement is higher than a “C” grade.

2. If an employee receives more than $5,000.00 dollars during their term of employment with the City of Newark in a college degree program, the employee is required to sign an Educational Reimbursement Plan Agreement in order to qualify for and to participate in the Educational Reimbursement College Degree Program.The employee is then subject to the Educational Reimbursement Plan and Agreement for a College Degree Program as follows:
a. Employee will maintain employment with the City of Newark for a period of five years after completion of the last class taken under the Education Reimbursement Plan; and
b. In the event that employee leaves the City of Newark and does not complete the five year employment period, employee warrants that he/she will reimburse to the City all money paid (up to $10,000) under the Educational Reimbursement Plan as follows:
i. 100% of money paid if the employee voluntarily leaves city employment in the first year after completion of the last class taken under the Educational Reimbursement Plan.
ii. 80% of money paid if the employee voluntarily leaves city employment in the second year after completion of the lastclass taken under the Educational Reimbursement Plan.
iii. 60% of money paid if the employee voluntarily leaves city employment in the third year after completion of the last class taken under the Educational Reimbursement Plan.
iv. 40% of money paid if the employee voluntarily leaves city employment in the fourth year after completion of the last class taken under the Educational Reimbursement Plan.
v. 20% of money paid if the employee voluntarily leaves city employment in the fifth year after completion of the last class taken under the Educational Reimbursement Plan.

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13 vi. After five years following completion of the last class taken under the Educational Reimbursement Plan, employee owes no further monetary obligation to the City of Newark for participation in the Educational Reimbursement Plan.

3. To qualify for the Educational Reimbursement College Degree Program, degree program courses must be received from an accredited institution as identified on the U.S. Department of Education’s List of Nationally Recognized Accrediting Agencies or theCouncil for Higher Education Accreditation’s (CHEA) List of Participating and Recognized Organizations.

C. Education Incentive Pay
Education Incentive Pay will be phased in over the term of this memorandum for the Police Lieutenant classification. The Police Lieutenant will receive 50% of their eligible education incentive pay between July 1, 2022 and June 30, 2023; 75% of their eligible education incentive pay between July 1, 2023 and June 20, 2024; and will be eligible to receive the full education incentive pay starting July 1, 2024.

During the phase-in period, the classification of Police Lieutenant may elect to continue receiving the Education Incentive Pay being carried over from their promotion from Police Sergeant as noted below.

An employee promoted from Police Sergeant who at the time of promotion is receiving Education Incentive Pay shall continue to receive that payment for a period of up to four years (4) from the date of the promotion. If the employee has not qualified for the Education Incentive Pay under the terms of this section within four years (4) of the date of promotion, the employee’s Education Incentive Pay shall be terminated.

Full-time permanent employees in the classifications of Police Lieutenant and Police Captain are eligible for the following education incentive pay:

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14 • Bachelor's Degree, in conjunction with the successful completion of one of the following additional educational programs:
o CA POST Management Program
o FBI National Academy
o CA POST Command College
o Naval Post Graduate Academy
o Master's Degree, Juris Doctorate or PhD
The Police Chief, with City Manager approval, may add equivalent programs to these lists as appropriate.

Eligible employees may only receive compensation for one Education Incentive Program category. The maximum education incentive pay premium is 7% above base salary for eligible employees.

XIII. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to 2 children or grandchildren living in the same household, 26 years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

Employees, their spouses or registered domestic partners, and their children and grandchildren 26 years of age and under, will receive resident rates for class registration and facility rentals.

XIV. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT LEAVE

ACCRUALS FORREGULAR PART-TIME EMPLOYEES (RPT)
Regular part-time employees will receive prorated holiday, general, and bereavement leave accruals based on eligibility to receive leave and the actual hours worked or budgeted to work. For example, an RPT employee who works 35 hours per week will receive 7 hours of pay per holiday. An RPT employee who works 24 hours per week will receive 4.8 hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

XV. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Chief of Police, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible employee in recognition of the extra hours of work required of this employee for which compensation in the form of overtime pay is not provided. The City Manager may authorize up to an additional sixteen (16) hoursof management leave.

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15 Management leave may be used for leave purposes only and cannot be converted to pay or carried over from one fiscal year to another.

Management leave must be taken prior to separation.

Regular part-time employees may be granted management leave proportionally to their assigned work hours as recommended by the Chief of Police with approval by the City Manager.

XVI. GENERAL LEAVE
The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. The General Leave Plan is attached to this Agreement as Attachment C.

XVII. SICK LEAVE
Each eligible employee shall have a sick leave bank in which that employee may accure and use sick leave credits pursuant to the General Leave Plan. Sick leave credits may be used toward early retirement under the Public Employees’ Retirement System plan.

A. COVID-Related Temporary Benefits:

For example, if a full time employee member of NPMA partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that member would have 60 hours of AAL, while if a part time employee member of NPMA that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that member would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

XVIII. BEREAVEMENT LEAVE
Regular full-time employees may be granted up to a maximum of 40 hours of bereavement leave where there has been a death of a husband, wife, registered Packet Page 777
16 domestic partner, sister, brother, mother, stepmother, father, stepfather, grandparent, grandchild, grandparent-in-law, mother-in-law, father-in-law, sister-in-law, brother-inlaw, son-in-law, or daughter-in-law of an employee.

Up to 80 hours of bereavement leave may be granted for the death of a son, daughter, stepson, or stepdaughter.

Regular part-time employees shall be eligible for prorated bereavement leave as described in Section XV and listed below:

Work Schedule Prorated Bereavement Leave
30-35 work hours up to a maximum of 30-35 hours
20-25 work hours up to a maximum of 20-25 hours
XIX. HOLIDAYS
A. The following days shall be recognized as municipal holidays:
• January 1, New Year’s Day
• Third Monday in January, Martin Luther King, Jr. Day
• Third Monday in February, Presidents Day
• Last Monday in May, Memorial Day
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veterans Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• December 24, Christmas Eve Day
• December 25, Christmas Day
• Two Floating Holidays, to be scheduled subject to approval by the Chief of Police
Regular full-time non-sworn employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday. Regular part-time non-sworn employees will receive prorated holiday pay pursuant to Section XIV Proration Of Holiday, General, And Bereavement Leave Accruals For Regular Part-Time Employees (RPT).

Floating holidays must be scheduled and used during the fiscal year.

If an employee’s hire date falls between July 1 and December 31, the employee Packet Page 778
17 will be eligible for the floating holiday during the current fiscal year. If an employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holiday beginning July 1, of the next fiscal year.

Holidays shall not be carried over from one fiscal year to another. Upon separation, an unused holiday cannot be converted to cash.

With the continuation of the 9/80 bi-weekly work schedule, Closed Holiday Credits and debits will be calculated for each employee by Payroll and will be funded in the employee’s Floating Holiday Bank on July 1 of the current fiscal year. Closed Holiday Credits are subject to all the benefits and restrictions of a Floating Holiday. They have no cash value and cannot be carried over from one fiscal year to the next fiscal year. If the employee separates from service before the end of the fiscal year, no further adjustments in the Closed Holiday Credits will be made.

If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

B. Public Safety Management
Regular full-time sworn employees in the classification of Police Captain and Police Lieutenant shall receive as compensation in-lieu of holidays an amount equal to 7.0% of regular pay, to be paid each pay period. (See Section XIX. A. for complete list of holidays.)
C. Regular Part-Time Employees
Upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, regular part-time employees shall be eligible for prorated holidays in accordance with Section XV and as listedbelow:

Work Schedule Holiday Pay
30-35 work hours 6-7 hours per holiday
20-25 work hours 4-5 hours per holiday
XX. GRIEVANCE PROCEDURE
Any dispute between the City and an employee regarding the interpretation or application of this Memorandum of Understanding shall be considered a grievance. A grievance may be filed by an employee on their own behalf orby the President of the Association and/or their designated representative effecting the rights of an employee pursuant to this agreement who is represented by the Association. For purposes of this section, all notices required herein shall be effected when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the time, place and person served. Notice may also be served by addressing Packet Page 779
18 said notice to the City supervisor involved at the City Administration Building or the employee at his home address as shown in the Human Resources Office, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered served upon deposit in the U.S. Mail postage prepaid.

A written grievance shall contain a complete statement of the grievance, the alleged facts upon which the grievance is based, the reasons for the grievance, the remedy requested, and the sections of this agreement alleged to have been violated. The grievance shall be signed and dated by the employee and/or the President of the Association on behalf of an employee represented by the Association.

Hearings on grievances and actual filing of grievances may be processed during normally scheduled working hours. All other activities related to the employee’s or Association’s preparation and processing of the appeal grievance shall be done outside of scheduled working hours. No employee or Association representative shall be entitled to any additional compensation orpremium pay for any time spent in preparing or processing grievances. No grievances shall be processed during periods of overtime.

The employee or the Association shall pay for the time and expenses of their (its) representatives and witnesses through all stages of the grievance procedure.

Witnesses who are City employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the Association shall be permitted to be present without loss of compensation during hearings on grievances.

Any grievance not filed or appealed by the employee within the time limits specified shall be considered settled on the basis of the last disposition given. In the event the grievance is not answered by the City within the time limits set forth herein, the employee may and/or the Association on behalf of the employee may take the grievance to the next higher step in the grievance procedure within the time limits provided.

No resolution of any grievance shall be contrary to the provisions of this Memorandum of Understanding.

An Association employee shall not be penalized if he/she erroneously files a grievance rather than an appeal or vice versa under City of Newark Ordinance No.

77.10, Section 8, RIGHT OF APPEAL. At such time as the employee is notified in writing that the wrong procedure has been utilized, the employee shall refile the action as a grievance or appeal within 5 calendar days of the date of notification of erroneous filing.

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19 Grievances shall be processed in the following manner:

A. Within ten (10) calendar days of the occurrence of the matter on which a grievance is based, the employee and/or Association representative shall discuss the grievance in a meeting with the immediate supervisor of the employee involved.

B. If after such discussion the employee and/or the Association does not believe the problem has been satisfactorily resolved, he/she/it shall have the right, within ten (10) calendar days of the occurrence of the matter to file a formal written grievance of the personnel action with the employee’s immediate supervisor.

D. Within ten (10) calendar days of the receipt of the decision from the employee’s immediate supervisor, the employee and/or the Association may appeal the grievance by presenting a formal written appeal on the grievance to the Chief of Police.

E. Within ten (10) calendar days of receipt of the formal appeal on the grievance, the Chief of Police shall provide a written decision to the employee and/or Association.

F. Within ten (10) calendar days of receipt of the decision of the Chief of Police, the employee and/or the Association may present a formal appeal of the grievance to the City Manager. The City Manager or their designated representative within ten (10) calendar days of receipt of the appeal shall make a thorough review of the grievance, meet with the Police Chief and the parties involved to attempt to resolve the grievance and, if necessary, thereafter provide a written decision to the employee and/or employee association within ten (10) calendar days of the meeting date.

G. Within ten (10) calendar days of receipt of the decision of the City Manager, the employee and/or employee association may demand in writing to the City Manager that a formal appeal of the grievance be submitted to an independent fact-finder from a list of three qualified fact- finders submitted to the City by the American Arbitration Association.

1. The City Manager and the employee and/or Association representative shall alternately strike names from the list so furnished and the last name remaining shall be designated as the fact-finder.

2. The City and the employee and/or Association shall share equally the fees and expenses of the fact-finder as well as the cost of making a record of the fact-finder. Each party shall bear their attorney’s fees.

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20 3. The rules of conduct of proceedings shall be according to those procedures for expedited fact-finding utilized by the American Arbitration Association.

4. The City and the employee both hold the right to be represented by an attorney or a representative of the employee’s union or association.

5. If either of the parties does not accept the decision of the fact-finder,the party may appeal to a court of competent jurisdiction to hear the matter based on the transcript of evidence submitted to the fact- finder and conclusions of the fact-finder.

XXI. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATESINTERNAL

REVENUE CODE
A. Pick-up of Employee Contributions

1. Pursuant to the provisions of this Agreement, the City shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the City in lieu of employee contributions.

2. Employee contributions made under paragraph 1 shall be paid from the same source of funds as used in paying the wages to affected employees.

3. Employee contributions made by the City under paragraph 1 shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions madeprior to the effective date of this Agreement.

4. The employee does not have the option to receive the City's contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

C. Limitations to Operability
Section XXI. shall be operative only as long as the City of Newark pick-up of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code.

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21 XXII. MANAGEMENT RIGHTS
The exercise by the City through its City Council and management representatives of its rights here under shall not in any way be directly or indirectly subject to the grievance procedure herein, except for specific provisions addressed in other clauses of this Memorandum of Understanding.

The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects, provided that this clause shall not supersede any other provisions of this Memorandum of Understanding.

The City Manager and Department Heads have and will continue to retain exclusive decision-making authority on matters not expressed in provisions of this Memorandum; and such decision-making shall not be in any way, directly or indirectly, subject to the grievance procedure contained herein.

The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and employment rules and regulations consistent with law and the specific provisions of this Memorandum of Understanding, to direct its employees to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the method, means and personnel by which the City services are to be provided, including the right to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community.

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22 ATTACHMENT A

PAY PLAN
This Newark Police Management Association Pay Plan applies to all employees.

I. POLICY
The City’s policy for employee salaries is to establish and maintain a general salary structure based on marketplace norms and internal job alignment, which provides flexibility to reward personnel based on performance. Structures and ranges will be reviewed annually and updated as necessary based on the market conditions, internal relationships, and City’s financial condition.

Individual salary adjustments will be considered by the City Manager basedon (1) performance factors and overall contribution to management of the City; (2) pay structure adjustments; and (3) City’s financial condition.

II. ADMINISTRATION
The City Manager shall be accountable to the City Council for the overall administration of the Newark Police Management Association Pay Plan and will report on such administration annually or more often, as requested. The Police Chief is responsible for recommending to the City Manager salary adjustments for employees who are covered by the Plan.

The City Council shall consider the necessary adjustment of employee salary ranges annually. In determining plan adjustments, the City Council shall consider such matters as changes in the cost of living, other salary changes such as those arrived at through negotiations with recognized employee groups, compression between this employee group and subordinate class ranges and the competitive position of the City in recruitment and retention of personnel.

The overall salary structure, supporting administrative policies, and assignment of classifications to salary ranges will be reviewed annually by the City Manager with appropriate reporting to the City Council relative to the status of the program.

III. BASIC PLAN ELEMENTS
A. Structure. The Newark Police Management Association Pay Plan consists of four (4) salary ranges. There shall be no specific or predetermined “steps” within the range thus allowing the flexibility of adjustment to recognize varying levels of performance. All classifications will be assigned an appropriate pay grade based on salary survey data andinternal relationships.

Effective July 1, 2022, the minimum of each range will be adjusted to be 20% below the top of the range
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23 B. Performance Appraisal. All employees shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date. All individual salary adjustments shall be based on performance. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The Chief of Police will make a recommendation based on the employee’s performance appraisal for any salary adjustments to the City Manager.

Eligibility for merit increases will resume at the start of the term of the MOU.

Performance evaluations are expected to occur in July and August of 2022, with merit increases to occur approximately in September 2022, and annually thereafter.

C. Adjustments based on Range Movement. Adjustments to salary ranges may occur to reflect cost-of-living changes, labor market conditions, and parity to avoid compression. The City Manager may grant an upward adjustment in an individual’s salary in any amount up to an amount equal to the adjustment in the salary range or the City Manager may maintain an individual salary at present level. An adjustment of individual salaries is not required by a change in the salary range to which the position is assigned except to maintain the minimum salary for the range.

D. Meritorious Performance Adjustment. An employee shall be eligible to receive one merit increase per twelve-month period if the employee’s performance is beyond a satisfactory level. A meritorious performance adjustment would be in addition to any adjustment based on range movement. For each fiscal year during the term of this MOU, such an increase shall be up to five percent (5%), the exact percentage being determined by the City Manager based on an evaluation of the degree ofmeritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve month period, but not more than once each six months may be approved by the City Manager for the following reasons:

1. An employee’s salary is below the midpoint of the range and the employee has experienced substantial growth in their position representing an increased value to the City.

2. An employee has demonstrated outstanding performance or made an exceptional contribution to the City.

Whenever an employee receives a six-month meritorious performance adjustment, the employee’s anniversary date will change pursuant to the Personnel Rules and Regulations.

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24 E. Special Adjustment. The City Manager may authorize salary adjustments up to ten (10) percent per fiscal year within the assigned salary range for the following reasons:

1. An employee’s performance consistently exceeds the scope and expectations of their classification as determined by the City Manager.

2. Competitive labor market conditions warrant an adjustment.

3. An employee’s overall contribution and value to the City as determined by the City Manager warrants an adjustment.

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25 ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 2022
Grade Code Minimum Maximum
RANGE 01 $ 5,885.70 $ 7,062.84
RANGE 02 $ 6,183.14 $ 7,419.77
RANGE 03 $ 6,491.40 $ 7,789.68
RANGE 04 $ 6,812.28 $ 8,174.74
RANGE 05 $ 7,154.78 $ 8,585.74
RANGE 06 $ 7,515.32 $ 9,018.38
RANGE 07 $ 7,888.47 $ 9,466.16
RANGE 08 $ 8,283.26 $ 9,939.91
RANGE 09 $ 8,696.06 $ 10,435.27
RANGE 10 $ 9,132.31 $ 10,958.77
RANGE 11 $ 9,590.18 $ 11,508.22
RANGE 12 $ 10,069.70 $ 12,083.64
RANGE 13 $ 10,570.84 $ 12,685.01
RANGE 14 $ 11,099.02 $ 13,318.82
RANGE 15 $ 11,659.65 $ 13,991.58
RANGE 16 $ 12,238.30 $ 14,685.96
RANGE 17 $ 12,849.41 $ 15,419.29
RANGE 18 $ 13,494.76 $ 16,193.71
RANGE 19 $ 14,167.16 $ 17,000.59
RANGE 20 $ 14,875.61 $ 17,850.73
RANGE 21 $ 15,621.91 $ 18,746.29
RANGE 22 $ 16,406.07 $ 19,687.28
RANGE 23 $ 17,220.87 $ 20,665.04
RANGE 24 $ 18,084.35 $ 21,701.22
RANGE 25 $ 18,992.90 $ 22,791.48
RANGE 26 $ 19,939.30 $ 23,927.16
RANGE 27 $ 20,936.17 $ 25,123.40
RANGE 28 $ 21,978.11 $ 26,373.73
RANGE 29 $ 23,079.54 $ 27,695.45
RANGE 30 $ 24,233.25 $ 29,079.90
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

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26 ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 2023
Grade Code Minimum Maximum
RANGE 01 $ 6,062.27 $ 7,274.73
RANGE 02 $ 6,368.63 $ 7,642.36
RANGE 03 $ 6,686.14 $ 8,023.37
RANGE 04 $ 7,016.65 $ 8,419.98
RANGE 05 $ 7,369.42 $ 8,843.31
RANGE 06 $ 7,740.78 $ 9,288.93
RANGE 07 $ 8,125.12 $ 9,750.14
RANGE 08 $ 8,531.76 $ 10,238.11
RANGE 09 $ 8,956.94 $ 10,748.33
RANGE 10 $ 9,406.28 $ 11,287.53
RANGE 11 $ 9,877.89 $ 11,853.47
RANGE 12 $ 10,371.79 $ 12,446.15
RANGE 13 $ 10,887.97 $ 13,065.56
RANGE 14 $ 11,431.99 $ 13,718.38
RANGE 15 $ 12,009.44 $ 14,411.33
RANGE 16 $ 12,605.45 $ 15,126.54
RANGE 17 $ 13,234.89 $ 15,881.87
RANGE 18 $ 13,899.60 $ 16,679.52
RANGE 19 $ 14,592.17 $ 17,510.61
RANGE 20 $ 15,321.88 $ 18,386.25
RANGE 21 $ 16,090.57 $ 19,308.68
RANGE 22 $ 16,898.25 $ 20,277.90
RANGE 23 $ 17,737.50 $ 21,284.99
RANGE 24 $ 18,626.88 $ 22,352.26
RANGE 25 $ 19,562.69 $ 23,475.22
RANGE 26 $ 20,537.48 $ 24,644.97
RANGE 27 $ 21,564.26 $ 25,877.10
RANGE 28 $ 22,637.45 $ 27,164.94
RANGE 29 $ 23,771.93 $ 28,526.31
RANGE 30 $ 24,960.25 $ 29,952.30
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

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27 ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 2024
Grade Code Minimum Maximum
RANGE 01 $ 6,244.14 $ 7,492.97
RANGE 02 $ 6,559.69 $ 7,871.63
RANGE 03 $ 6,886.72 $ 8,264.07
RANGE 04 $ 7,227.15 $ 8,672.58
RANGE 05 $ 7,590.50 $ 9,108.61
RANGE 06 $ 7,973.00 $ 9,567.60
RANGE 07 $ 8,368.87 $ 10,042.64
RANGE 08 $ 8,787.71 $ 10,545.25
RANGE 09 $ 9,225.65 $ 11,070.78
RANGE 10 $ 9,688.47 $ 11,626.16
RANGE 11 $ 10,174.23 $ 12,209.07
RANGE 12 $ 10,682.94 $ 12,819.53
RANGE 13 $ 11,214.61 $ 13,457.53
RANGE 14 $ 11,774.95 $ 14,129.93
RANGE 15 $ 12,369.72 $ 14,843.67
RANGE 16 $ 12,983.61 $ 15,580.34
RANGE 17 $ 13,631.94 $ 16,358.33
RANGE 18 $ 14,316.59 $ 17,179.91
RANGE 19 $ 15,029.94 $ 18,035.93
RANGE 20 $ 15,781.54 $ 18,937.84
RANGE 21 $ 16,573.29 $ 19,887.94
RANGE 22 $ 17,405.20 $ 20,886.24
RANGE 23 $ 18,269.63 $ 21,923.54
RANGE 24 $ 19,185.69 $ 23,022.83
RANGE 25 $ 20,149.57 $ 24,179.48
RANGE 26 $ 21,153.60 $ 25,384.32
RANGE 27 $ 22,211.19 $ 26,653.41
RANGE 28 $ 23,316.57 $ 27,979.89
RANGE 29 $ 24,485.09 $ 29,382.10
RANGE 30 $ 25,709.06 $ 30,850.87
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

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28 ATTACHMENT C

GENERAL LEAVE PLAN
I. DEFINITION
General Leave is compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation.

Management Leave shall remain separate from General Leave.

II. APPLICABILITY
The General Leave Plan shall apply to regular full-time employees. Regular parttime employees shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an employee with one year of City service who works 35 hours per week will receive 161 hours of generalleave per year. An employee with one year of City service who works 24 hoursper week will receive 110.4 hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to employees on a quarterly basis until the process is automated.

III. GENERAL LEAVE CREDITS
A. Regular Full-Time Employees
Eligible regular full-time employees shall be entitled to the following annual accrual.

Years of RFT
Completed Service Leave Accrual
1 through 9 184 hours
10 through 14 224 hours
15 through 19 240 hours
20 or more 264 hours
B. General Leave shall be accrued in hours on a semi-monthly basis.

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29 C. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue General Leave credits.

D. General Leave During First Year: Beginning on the 90th day of employment, regular employees shall be eligible to earn General Leave credits. Upon the completion of said period of service, regular full-time employees shall be credited with forty-six (46) working hours of GeneralLeave and shall thereafter accrue General Leave at the rate of 7.66 working hours, semimonthly for the remainder of the first year and as provided in Subsection A, Section III, above.

E. Maximum Accumulation: Regular Full-time employees may accumulate General Leave credits according to the following schedule:

Years of
Completed Service Maximum Accrual
1 through 9 368 hours
10 through 14 448 hours
15 through 19 480 hours
20 or more 528 hours
F. Regular Part-Time Employees
Beginning on the 90th day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and as follows:

Years of
Completed Service
20-25 hour
Leave Accrual
30-35 hour
Leave Accrual
1 through 9 92-115 hours 138-161 hours
10 through 14 112-140 hours 168-196 hours
15 through 19 120-150 hours 180-210 hours
20 or more 132-165 hours 198-231 hours
G. Maximum Accumulation: Regular Part-time employees may accumulate General Leave credits according to the following schedule:

Years of
Completed Service
20-25 hour
Maximum Accrual
30-35 hour
Maximum Accrual
1 through 9 184-230 hours 276-322 hours
10 through 14 224-280 hours 336-392 hours
15 through 19 240-300 hours 360-420 hours
20 or more 264-330 hours 396-462 hours
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30 When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank on a quarterly basis. Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

Exceptions to the maximum accrual limits may be approved by the City Manager under special circumstances. Requests to exceed maximum accrual limits must be submitted through the Chief of Police to the City Manager prior to reaching maximum accrual.

IV. GENERAL LEAVE IMPLEMENTATION
Unused leave credits shall be transitioned to General Leave as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.

B. Sick Leave Credits: All unused sick leave credits shall be maintained in a sick leave bank to be used in accordance with the provisions of the General Leave Plan. Accrued time in the sick leave bank shall not be compensated for in any manner except as used for sick leave or retirement service credit.

C. At time of conversion to General Leave, if vacation credits exceed General Leave accrual limit, a plan shall be developed to reduce converted vacation leave credits to the General Leave accrual limits within six months. A longer period to reduce converted vacation leave credits may be approved by the City Manager under special circumstances.

V. GENERAL LEAVE USAGE
Request and Approval: The Police Chief is responsible for arranging leave schedules so that adequate personnel are available to carry on city work. The use of General Leave shall require approval of the Chief of Police or their designee and shall be governed by the current Personnel Rules dealing with leaves unless specifically covered by this Plan document.

Whenever possible, General Leave requests must be approved in advance of the days to be taken as General Leave. The procedure for requesting the use of General Leave shall be as follows:

A. General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc. shall require prior approval of the Police Chief, or the employee’s supervisor. The time and amount of General Leave to be taken for non- medical purposes shall be determined by the Police Chief with due regard for the wishes of the Packet Page 792
31 employee and particular regard for the needs of theCity.

B. General Leave (Medical): An unscheduled absence from work due to an employee’s illness shall be referred to as General Leave for medical reasons.

The Police Chief may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons. The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Police Cheif shall make the determination and final approval of unscheduled General Leave for medical reasons.

C. An employee may request General Leave for an unanticipated absence from work (e.g. medical, car trouble, care of children, etc.) by notifying their supervisor within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed by their supervisor.

Final approval for an unanticipated, unscheduled absence shall require Police Chief approval. Failure to request an unscheduled leave in the manner described may result in lost work time charged as leave without pay or unauthorized leave of absence. Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

D. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit their ability to return to work at the earliest possible time.

E. Medical examination by the City’s examining physician may be requested by the Police Chief after prolonged, serious, or repetitious illness, injury, or major surgery. An employee’s return to duty following illness or injury is subject to the approval of the Police Chief or City Manager based upon medical information supplied by the employee’s physician and/or the City’s physician.

F. On-the-job Injury: An employee absent from work because of a temporary disability which is defined as industrial under the Workers’ Compensation Act may charge General Leave credits (or unused sick leave, if approved by the City Manager) in an amount necessary to makeup the difference between the employee’s regular pay and the amount payable to the employee as temporary disability payments from the Workers’ Compensation Insurance Plan of the City.

G. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue the salary of employment of any employee after it has been determined that such employee is permanently incapacitated from returning to employment and is eligible for disability retirement.

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32 H. Sick Leave Bank: A sick leave bank shall be established for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account.

Employees may transfer General Leavecredits to their sick leave bank in accordance with Section VI of the General Leave Plan.

I. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legally-protected leave, may use unused sick leave balances forabsences due to further illness or injury prior to using further General Leave.

2. Upon approval of the City Manager, an employee whose absence is due to illness or injury for more than five (5) consecutive workdays for any one occurrence may use unused sick leave balances for absences due to further illness or injury for that particular medical condition prior to further using General Leave.

3. Upon approval of the City Manager, an employee who has exhausted all General Leave credits may be granted the use ofunused sick leave balances for a medical purpose. The City Manager may impose up to a five (5) workday waiting period based upon a review of the employee’s General Leave usage.

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33 VI. GENERAL LEAVE CONVERSION TO PAY OR SICK LEAVE
A. Buy-Back: A regular full-time employee may request to receive pay for up to a total of eighty (80) hours of General Leave per fiscal year (forty (40) to fifty (50) hours for 20-25 hour employees; sixty (60) to seventy (70) hours for 30-35 hour employees) in hourly increments at the current hourly salary rate. To be eligible for General Leave conversion to cash, an employee must have a minimum of 10 days (80 hours for full-time or prorated for RPT) of General Leave credits remaining after the conversion. Requests for General Leave buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15 or may be deferred into one of the City sponsored deferred compensation plans within IRS limitations.

For calendar year 2022 only, the total amount of general leave allowed for conversion will be increased one time to 120 hours for regular full-time employees.

For calendar year 2022, 2023 and 2024, for the positions of Police Lieutenant and Police Captain only, the total amount of general leave allowed for conversion will be increased to a total of 160 hours for each calendar year. Effective January 1, 2025 the amount of general leave allowed for conversion will revert to 80 hours per year.

Effective November 2022 – By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year, shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: the employee may cash out up to 80 hours of general leave.
• Employees must have a minimum of 10 days (80 hours for full-time or prorated for part-time) remaining in general leave accruals at the time of cash out.
• Employees must submit their General Leave Buy-Back Request Form to Payroll by December 1. This is an irrevocable election by the employee.

For example, to buy back general leave that is accrued in calendar year 2023, a full-time employee must elect by December 1, 2022, the amount of hours they want to buy-back. The employee must have used a minimum of 50% of their accrued general leave between December 1, 2021 and November 30, 2022.

Employees must further ensure they will have at least ten (10) days of general leave accruals remaining at the time of the buy-back which will occur in December 2023. The buy-back will be paid out in the last full pay period of December 2023, which is December 29, 2023.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the general leave buy-back program. It is the Packet Page 795
34 employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the general leave buy-back program.

VII. GENERAL LEAVE AT TERMINATION
A. An eligible employee whose employment with the City terminates shall be paid for any unused General Leave. Payment for unused General Leave shall be made at the hourly rate of pay in effect for such employee at thetime of separation.

B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated. Such designation shall be in writing, signed by the employeeand filed with the Human Resources Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

VIII. HOLIDAYS DURING GENERAL LEAVE
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking General Leave, such employee shall not be charged as using General Leave for that day. The employee’s compensation for that day shall be holiday pay.

Packet Page 796
35 Packet Page 797
36 Packet Page 798

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK
AND

NEWARK POLICE MANAGEMENT ASSOCIATION
JULY 1, 20192022

THROUGH
JUNE 30,
20222025
Adopted: June, 23, 2022 July 11, 2019
Resolution No.

Formatted: Not Expanded by / Condensed by
Packet Page 799
Section

TABLE OF CONTENTS
Page
I. Term 1
II. Recognition 1
III. Definitions 1
IV. Compensation 1
V. Working Hours 32
VI. Labor Market 43
VII. Acting/Special Assignment Pay 54
VIII. Retirement 65
IX. Health and Welfare 87
X. Life Insurance 118
XI. Uniform Maintenance and Provision of Uniforms 118
XII. Educational Reimbursement 119
XIII. Recreation Benefits 140
XIV. Proration of Holiday, General, and Bereavement Leave Accruals for Regular Part-Time Employees (RPT) 140
XV. Management Leave 141
XVI. General Leave 151
XVII. Sick Leave 151
XVIII. Bereavement Leave 151
XIX. Holidays 162
XX. Grievance Procedure 174
Packet Page 800
3 XXI. Implementation of Section 414(h)(2) of the United States Internal Revenue Code
2016
XXII. Management Rights 2117
Attachments
A Newark Police Management Association Pay Plan
B Salary Schedule
C General Leave Plan
Packet Page 801
4 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK AND NEWARK POLICE MANAGEMENT ASSOCIATION I. TERM
This agreement shall be in effect from July 1, 2019 2022 through July 1, 20222025.

Police Captain
Police Lieutenant
Communications Supervisor
Community Engagement Manager
Police Support Services Manager
III. DEFINITIONS
For purposes of this Memorandum of Understanding (“MOU” or “Agreement”), unless the context otherwise requires, the following definitions in this Agreement shall apply:

A. “Employees” shall mean those regular full-time and regular part-time employees of the City of Newark occupying classifications represented by the Newark Police Management Association.

B. “Employer” shall mean the City of Newark.

C. “Non-sworn” refers to those personnel occupying the classifications of Communications SupervisorPolice Support Services Manager, and Community Engagement Manager.

D. “Sworn” refers to personnel occupying classifications of Police Captain and Police Lieutenant.

IV. COMPENSATION
Employees shall be compensated pursuant to the Newark Police Management Association Pay Plan as set forth in Attachment A and Attachment B attached Packet Page 802
5 hereto and incorporated herein by this reference. The NPMA classifications that are participating in the Newark Police Management Association Pay Plan are those listed below:

Classification Range
Communications SupervisorPolice Support Services
Manager
10 Community Engagement Manager 10
Police Captain 22
Police Lieutenant
Police Support Services Manager
19 15
Effective July 1, 2022, the minimum of each range will be amended to be 20% below the current range maximum. Employees currently below this minimum will be adjusted to be at the new range minimum. Said minimum adjustment shall be implemented independently of below noted general salary increases.

Effective July 1, 20192022, the total compensation salary ranges for all NPMA employees shallbe increased one and one-halffour percent (4.01.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All employees shall receive a one and one-half percent (1.5%) salary increase. All employees shall receive a four percent (4%) salary increase.

Effective July 1, 20202023, the total compensation salary ranges for all NPMA employees shallbe increased one and one-halfthree percent (3.01.5%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All employees shall receive a one and one-half percent (1.5%) salary increase. All employees shall receive a three percent (3%) salary increase.

Effective July 1, 20212024, the total compensation salary ranges for all NPMA employees shallbe increased one and one-half three percent (1.53.0%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. All employees shall receive a one and one-half percent (1.5%) salary increase. All employees shall receive a three percent (3%) salary increase.

Salary Computation: Hourly equivalent of base monthly = base monthly salary x

0.0057692 (0.0057692 represents the monthly salary divided by the average number of hours worked in a month).

A. LONGEVITY PAY
Longevity Pay will be phased in over the term of this memorandum for the Police Lieutenant classification. The Police Lieutenant will receive 50% of their eligible longevity pay between July Formatted: Space Before: 0.05 pt
Formatted: Indent: Left: 0"
Packet Page 803
6 1, 2022 and June 30, 2023; 75% of their eligible longevity pay between July 1, 2023 and June 320, 2024; and will be eligible to receive the full longevity pay starting July 1, 2024.

Effective July 1, 2022 the regular full-time employees in the classifications of Police Lieutenant and Police Captain are eligible for longevity pay as follows:

Police Captain:

July 1, 2022 – June 30, 2023
Upon commencement of 10 years of service - 0.0% 1.25% salary increase Upon commencement of 15 years of service - 0.0% 2.5% salary increase Upon commencement of 20 years of service - 0.0% 3.75% salary increase July 1, 2023 – June 30, 2024
Upon commencement of 10 years of service - 1.25% 1.875% salary increase Upon commencement of 15 years of service – 2.5% 3.75% salary increase Upon commencement of 20 years of service – 3.75% 5.625% salary increase July 1, 2024 – June 30, 2025
Upon commencement of 10 years of service – 2.5% salary increase Upon commencement of 15 years of service – 5.0% salary increase Upon commencement of 20 years of service – 7.5% salary increase Longevity pay is computed on base compensation only. The maximum longevity pay premium is 7.5% of salary for eligible employees.

For service to meet the requirements of longevity pay, it must meet all of the following criteria:
 Full-time sworn service in the classifications of pPolice Oofficer, Police Corporal, pPolice Ssergeant, Ppolice Llieutenant, Ppolice Ccommander, Ppolice Ccaptain, and/or similar sworn position; in a public sector agency, including probationary time; and
 Active service (in a paid status) or approved leave without pay that qualifies for FMLA, CFRA, PDL, workers’ compensation or other protected leaves per state or federal law.

V. WORKING HOURS
A. Full-time employees work 40 hours per week and as necessary. The City Packet Page 804
7 Manager may revise the standard work schedule upon reasonable notice.

C. Non-sworn employees work a Nine-Eighty (9/80) schedule that equates to 40-hours per week in a two week period. Typically, an employee assigned to this work schedule will work nine (9) hours per day for four (4) days and one day of eight (8) hours in one week (for a total of 44 hours) and then nine (9) hours per day for four (4) days in the next week (for a total of 36 hours).

D. City offices will be closed for business during the December holiday season.

Non-essential employees, as determined by the City Manager, will participate in a four-day furlough. Employees may use general leave, management leave, birthday, holiday or floating holidays during the furlough.

E. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough.

Employees on an approved leave of absence without pay that started before December 10 and extends through or beyond December 31 will not be affected by the furlough and will not be eligible for holiday pay.

1. There is two weeks advance notice to payroll,

2. The salary advance for a given fiscal year is fully repaid by no later than the last full pay period of the calendar year, so all payments occur within the same calendar and May 31 ofthat fiscal year of the furlough,

3. Payments begin no later earlier than January July 1 of the fiscal impacted calendar year, and

4. The repayment plan is approved by the Finance Director, or designee prior to the furlough.

G. Communications SupervisorsThe Police Support Services Manager, and Packet Page 805
8 Community Engagement Managers will normally be assigned to a Four-Ten (4/10) schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives. Alternatives to the work schedules outlined above will be subject to the approval of the City Manager.

The survey is for purposes of study and negotiations and shall not trigger any automatic adjustments.
"Total compensation" for survey purposes shall include:
• Top step/range base salary.
• That portion of the employere's PERS contribution that is paid by the employeer (employee contributions to the employer’s PERS costs shall bereflected as a negative number).
• The amount of the highest premium the employer will pay for family coverage of medical, dental, and vision premiums.
• Any premiums paid by the employer for life insurance. • Any premiums paid by the employer for long term and/or short term disability.

For discussion purposes, the parties will prepare an alternative “Total compensation” survey that includes the items above and adds the following:
• The maximum amount paid by the employer for educational achievements or POST certificates.
• The maximum amount paid by the employer for length of service. • The maximum number of holiday hours or holiday pay provided by the employer.
• The maximum amount paid by the employer toward a deferred compensation program.

Packet Page 806
9 VII. ACTING/SPECIAL ASSIGNMENT PAY
A. Employees are eligible for premium pay of 5% over base salary while acting in a higher classification when assigned and prescribed by the City Manager.

B. The City agrees to pay regular full-time employees bilingual assignment pay of $100.00 per month. Regular part-time employees scheduled to work 30- 35 hours per week will receive bilingual assignment pay of $75.00 per month and regular part-time employees scheduled to work 20-25 hours per week will receive bilingual assignment pay of $50.00 per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522 which establishes a policy and procedures for receiving bilingual assignment pay:

1. Employees will be required to pass an initial fluency test administered by the City or an independent testing service.

Employees will be required to undergo periodic testing of skill level to remain eligible for bilingual pay.

2. Eligible languages will be determined by the City.

3. Employees must be in a classification that brings them into regular contact with the general public.

4. The City retains the right to make the final determination regarding eligibility for bilingual assignment pay.

B. The City shall continue to provide to all sworn Classic employees a retirement formula known as “3% at 50” together with single year highest compensation, military service credit for prior service, and the indexed level 1959 survivor benefit options of the CalPERS pension plan. Sworn Classic Members continue to pay the 9% employee rate for the 3% at 50 retirement formula plus continue to pay up to 4% of an additional contribution in accordance with the following formula for a current total pre-tax contribution of 13%.

17.00% decreases, the sworn Classic members matching percentage of salary in the form of the employee contribution rate will be reduced by the above formula. Employer rate reductions below 17.00% will not be shared with sworn Classic members under the above formula.

The following example is for illustrative purposes only:

If the CalPERS Safety Plan employer actuarial rate for the 3% at 50 retirement formula increased from 17.00% to 20.00% effective July 1, 2006, the sworn Classic members’ rate would increase from 9.00% to 10.50%.

The City would then be responsible for the matching 1.50%. If the rate decreased from 20.00% to 18.00%, the sworn Classic members’ rate would decrease by 1.00%. The members’ rate increase or decrease would be done through a contract amendment with CalPERS and the City.

C. The City shall continue to provide to all non-sworn Classic management employees a retirement formula known as “2.5% at 55” together with single year highest compensation, pre-retirement optional settlement level 2 death benefit, military service credit for prior service, and the indexed level 1959 Survivor Benefit options of the CalPERS pension plan. Non-Sworn Classic Members continue to pay the 8% employee rate for the 2.5% at 55 retirement formula plus continue to pay up to 3.468% of an additional contribution in accordance with the following formula for a total tax deferred contribution of 11.468%.

16.936%. In the event that the employer rate exceeds 16.936%, the City shall be responsible for any increase above 16.936%. In subsequent years of the term of the agreement, if the rate over 10.00% decreases, non-sworn Classic members’ matching percentage of salary will be reduced by the above formula. Employer rate reductions below 10.00% will not be shared under the above formula.

The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to

10.00%, each Classic non-sworn member would contribute zero (-0-) from his/hertheir salary to pay for the retirement benefit. If the rate increases from by 3.0%10.00% to 13.00%, each non-sworn Classic member would contribute half of the 3.00% increase (1.50%) from his/hertheir salary to pay for the retirement benefit. The City would then be responsible for the matching 1.50%. If the
rate decreased from 13.00% to 11.00%by 3.0%, the non-sworn Classic Packet Page 808
11 member would no longer contribute the additional 01.50% of the increase above 10.00% from his/her their salary towards the employer rate to pay for the retirement benefit. topay for the retirement benefit. The City would then be responsible for the matching 0.50%.

In addition to paying the employee rate (currently 12%), sworn PEPRA Members will pay an additional contribution of 4.0% for a total of 16%. If CalPERS approves a contract amendment for the City of Newark that charges Sworn New PEPRA Members an additional 1.5% contribution rather than an additional 4% contribution for a current total of 13.5% rather than a current total of 16% (and CalPERS approves the provisions described herein for Sworn Classic Members, Non-Sworn Classic and NonSworn PEPRA Members), the City agrees to amend its contract for Sworn PEPRA Members accordingly.

The following is for illustrative purposes only:

If the employee rate for sworn PEPRA Members is 12%, in this example sworn PEPRA Members would pay the 12% employee rate plus an additional 4% for a total of 16%.

E. The City shall provide to all non-sworn employees who were appointed on or after January 1, 2013 who are non-sworn PEPRA Members (as defined by CalPERS) a retirement formula known as 2% at 62 in accordance with the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate (currently 6.25%), non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members pay (currently 3.468%) for a current total of

9.718%.

F. The City shall provide the one-year highest compensation option to Classic sworn and non-sworn members. The City shall provide the three-year Packet Page 809
12 average compensation requirement to PEPRA members as defined above.

Effective for the 2020 plan year, the City shall contribute to eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $844
Employee + 1 Dependent: $1,687
Employee + 2 or more Dependents: $2,228
Effective for the 2021 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $861
Employee + 1 Dependent: $1,721
Employee + 2 or more Dependents: $2,273
Effective for the 2022 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

For Regular, Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $878
Formatted: Indent: Left: 1.31", Right: 0.17", Tab stops:

0.06", Left
Packet Page 810
13 Employee + 1 Dependent: $1,755
Employee + 2 or more Dependents: $2,318
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $439-$549
Employee + 1 Dependent: $878-$1,097
Employee + 2 or more Dependents: $1,159-$1,449
Effective for the 2023 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $896
Employee + 1 Dependent: $1,790
Employee + 2 or more Dependents: $2,364

For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448-$560
Employee + 1 Dependent: $895-$1,119
Employee + 2 or more Dependents: $1,182-$1,478
Effective for the 2024 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $913
Employee + 1 Dependent: $1,826
Employee + 2 or more Dependents: $2,412

For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457-$571
Employee + 1 Dependent: $913-$1,141
Employee + 2 or more Dependents: $1,206-$1,507
Formatted: Indent: Left: 1.31", Hanging: 0.44", Right:

1.48"
Formatted: Right: 1.6"
Formatted: Indent: Left: 1.31"
Formatted: Right: 0.79"
Formatted: Right: 1.29"
Formatted: Indent: Left: 1"
Formatted: Right: 2.04"
Formatted: Right: 2.79"
Formatted: Right: 1.73"
Packet Page 811
14 Effective for the 2025 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30-35 hours:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460

For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee + 2 or more Dependents: $1,230-$1,537
C. Cash Back / Cash In Lieu of Benefits:

C.2. Cafeteria Plan Cash-Back: Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive “cashout” up to $450per month of any money not used for the purchase of employer offered benefits. Any “cashout”cash-in-lieu and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working 30-35 hours the cash-in-lieu and cash back amount will be $338-$394.

For Regular Part-Time Employees working 20-25 hours the cash-inlieu and cash back amount will be $225-$281.

E. All regular full-time employees in the Association are eligible forshall receive an allowance of $100 per month intended to be used towards the cost of Formatted: Indent: Left: 1"
Formatted: Indent: Left: 1", First line: 0"
Formatted: Indent: Left: 1"
Formatted: Right: 3.17"
Formatted: Right: 2.48"
Formatted: Right: 2.6"
Formatted: Right: 1.67"
Formatted: Not Expanded by / Condensed by
Formatted
Formatted: Indent: Left: 1.25", Tab stops: 1.44", Left
Formatted: Indent: Left: 1.25", First line: 0", Tab stops:

1.44", Left
Packet Page 812
15 health care premiums, long-term disability premiums, and/or reimbursement for medical, dental, vision, and prescription expenses. All regular part-time employees in the Association are eligible forshall receive an allowance of up to $75 for 30-35 hour employees and up to $50 for 20-25 hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:

1. Reimbursement for health care premiums will be paid on a monthly basis up to a maximum of $100 per month for full time employees, up to a maximum of $75 for regular part-time 30-35 hour employees and up to a maximum of $50 for regular part time 20-25 hour employees.

2. Reimbursement for health care expenses may be requested on a quarterly basis by submitting receipt or other evidence of payment for expenses not covered by health care insurance to the Human Resources Department during the last week of each quarter. The minimum reimbursement allowance will be $33.00 and the maximum quarter reimbursement allowance is $300.00 for full time employees, $225 for regularpart-time 30-35 hour employees and $150 for regular part-time 20-25 hour employees.

3. An employee must be in a paid status (on the payroll) in order to receive reimbursement the allowancefor health care premiums, long-term disability premiums, or health care expenses. During any unprotected leave of absence without pay, an employee is not eligible toreceive the health care benefit allowance. However, upon return from the leave of absence without pay, an eligible employee may receive reimbursement for health care premiums or health care expenses that would have been paid if the employee had
continued working provided the employee returns to work within six months of the effective date of the leave of absence without pay.

When an employee is terminated or in an unpaid leave status, the health and welfarebenefit shall be paid on a monthly pro-rata basis if the employee qualified for the Health Benefit. To qualify for pro-rata pay, the employee must serve 50 percent of the working days in the month to qualify for the $100 benefit.

Packet Page 813
16 X. LIFE INSURANCE
The City will provide City-paid life insurance coverage of $20,000 to each employee. Effective July 1, 2022, this amount will increase to $50,000 for regular full-time and regular part-time employees. Additional life insurance can be purchased at the employee’s option onan after-tax payroll deduction basis.

XI. UNIFORM MAINTENANCE AND PROVISION OF UNIFORMS
Sworn employees designated as public safety shall receive a uniform maintenance allowance of $100.00 per month.

The Police Support Services Manager and Community Engagement Manager, shall receive a uniform maintenance allowance of $45.00 per month for the purchase and maintenance of City approved uniforms.

The City and Association agree to meet and confer in calendar year 2023 towards the possibility of implementing a City-provided and maintained uniform program in replacement of the uniform allowance.

EDUCATIONAL REIMBURSEMENT
A. Job-related Training

B. Plan and Agreement for a College Degree Program

The employee is then subject to the Educational Reimbursement Plan Packet Page 814
17 and Agreement for a College Degree Program as follows:
a. Employee will maintain employment with the City of Newark for a period of five years after completion of the last class taken under the Education Reimbursement Plan; and
b. In the event that employee leaves the City of Newark and does not complete the five year employment period, employee warrants that he/she will reimburse to the City all money paid (up to $10,000) under the Educational Reimbursement Plan as follows:
i. 100% of money paid if the employee voluntarily leaves city employment in the first year after completion of the last class taken under the Educational Reimbursement Plan.
ii. 80% of money paid if the employee voluntarily leaves city employment in the second year after completion of the last class taken under the Educational Reimbursement Plan.
iii. 60% of money paid if the employee voluntarily leaves city employment in the third year after completion of the last class taken under the Educational Reimbursement Plan.
iv. 40% of money paid if the employee voluntarily leaves city employment in the fourth year after completion of the last class taken under the Educational Reimbursement Plan.
v. 20% of money paid if the employee voluntarily leaves city employment in the fifth year after completion of the last class taken under the Educational Reimbursement Plan.
vi. After five years following completion of the last class taken under the Educational Reimbursement Plan, employee owes no further monetary obligation to the City of Newark for participation in the Educational Reimbursement Plan.

3. To qualify for the Educational Reimbursement College Degree Program, degree program courses must be received from an accredited institution as identified on the U.S. Department of Education’s List of Nationally Recognized Accrediting Agencies or the Council for Higher Education Accreditation’s (CHEA) List of Participating and Recognized Organizations.

C. EDUCATION INCENTIVE PAY Formatted: Indent: Left: 1", Hanging: 0.44", Tab stops:

Not at 1.74" + 1.74"
Packet Page 815
18 Education Incentive Pay will be phased in over the term of this memorandum for the Police Lieutenant classification. The Police Lieutenant will receive 50% of their eligible education incentive pay between July 1, 2022 and June 30, 2023; 75% of their eligible education incentive pay between July 1, 2023 and June 20, 2024; and will be eligible to receive the full education incentive pay starting July 1, 2024. During the phase-in period, the classification of Police Lieutenant may elect to continue receiving the Education Incentive Pay being carried over from their promotion from Police Sergeant as noted below.

Full-time permanent employees in the classifications of Police Lieutenant and Police Captain are eligible for the following education incentive pay:

Eligible employees meeting the below listed educational requirements will receive an additional 5% above base salary:
• Bachelor's Degree, in conjunction with the successful completion of one of the following additional educational programs:
o California Commission on Peace Officer Standards and Training (CA POST) Supervisory Certificate
Eligible employees meeting the below listed educational requirements will receive an additional 7% above base salary:
• Bachelor's Degree, in conjunction with the successful completion of one of the following additional educational programs:
o CA POST Management Program
o FBI National Academy
o CA POST Command College
o Naval Post Graduate Academy
o Master's Degree, Juris Doctorate or PhD
The Police Chief, with City Manager approval, may add equivalent programs to these lists as appropriate.

Eligible employees may only receive compensation for one Education Incentive Program category. The maximum education Formatted: Indent: Left: 1.44"
Formatted: Indent: Left: 1.44"
Formatted: Indent: Left: 1.44"
Formatted: Indent: Left: 1.44"
Formatted: Indent: Left: 1.44"
Packet Page 816
19 incentive pay premium is 7% above base salary for eligible employees.

XII. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to 2 children or grandchildren living in the same household, 26 years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

Employees, their spouses or registered domestic partners, and their children and grandchildren 26 years of age and under, will receive resident rates for class registration and facility rentals.

XIII. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT LEAVE ACCRUALS FOR

REGULAR PART-TIME EMPLOYEES (RPT)
Regular part-time employees will receive prorated holiday, general, and bereavement leave accruals based on eligibility to receive leave and the actual hours worked or budgeted to work. For example, an RPT employee who works 35 hours per week will receive 7 hours of pay per holiday. An RPT employee who works 24 hours per week will receive 4.8 hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

XIV. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Chief of Police, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible employee in recognition of the extra hours of work required of this employee for which compensation in the form of overtime pay is not provided. The City Manager may authorize up to an additional sixteen (16) hours of management leave. Management leave may be used for leave purposes only and cannot be converted to pay or carried over from one fiscal year to another.

Management leave must be taken prior to separation.

Regular part-time employees may be granted management leave proportionally to their assigned work hours as recommended by the Chief of Police with approval by the City Manager.

XV. GENERAL LEAVE
Formatted: Body Text, Indent: Left: 1.44", Right: 0.95", Tab stops: Not at 0.92" + 0.93"
Packet Page 817
20 The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. The General Leave Plan is attached to this Agreement as Attachment C.

XVI. SICK LEAVE
Each eligible employee shall have a sick leave bank in which that employee may accrue and use sick leave credits pursuant to the General Leave Plan. Sick leave credits may be used toward early retirement under the Public Employees’ Retirement System plan.

A. COVID-Related Temporary Benefits:

Members of NPMA that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees that are members of NPMA are eligible for up to 120 hours of AAL based on 3 weeks of regularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AALbased on 3 weeks of regularly scheduled part-time hours. AAL will be reduced proportionately by the amount of EPAL that a member of NPMA used. For example, if a full time employee member of NPMA partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that member would have 60 hours of AAL, while if a part time employee member of NPMA that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that member would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

XVII. BEREAVEMENT LEAVE
Regular full-time employees may be granted up to a maximum of 40 hours of bereavement leave where there has been a death of a husband, wife, registered domestic partner, son, daughter, stepson, stepdaughter, sister, brother, mother, stepmother, father, stepfather, grandparent, grandchild, grandparent-in-law, mother-in-law, father-in- law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law of an employee.

Up to 80 hours of bereavement leave may be granted for the death of a son, daughter, stepson, or stepdaughter.

Regular part-time employees shall be eligible for prorated bereavement leave as described in Section XV and listed below:

Packet Page 818
21 Work Schedule Prorated Bereavement Leave
30-35 work hours up to a maximum of 30-35 hours
20-25 work hours up to a maximum of 20-25 hours
XVIII. HOLIDAYS
A. The following days shall be recognized as municipal holidays:
• January 1, New Year’s Day
• Third Monday in January, Martin Luther King, Jr. Day
• Third Monday in February, Presidents Day
• Last Monday in May, Memorial Day
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veterans Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• December 24, Christmas Eve Day Last work day before
Christmas
• December 25, Christmas Day
• Employee’s Birthday, to be taken within the fiscal year of the employee’s birthday, subject to approval by the Chief of Police
• Two Floating Holidays, to be scheduled subject to approval by the Chief of Police
Regular full-time non-sworn employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday. Regular part-time nonsworn employees will receive prorated holiday pay pursuant to Section XIV Proration Of Holiday, General, And Bereavement Leave Accruals For Regular Part-Time Employees (RPT).

The employee birthday holiday and the Ffloating holidays must be scheduledand used during the fiscal year. An employee must be employed in a classification covered by this MOU on his/hertheir birth date to be eligible for the birthday holiday during that fiscal year.

If an employee’s hire date falls between July 1 and December 31, the employee will be eligible for the floating holiday during the current fiscal year. If an employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holiday beginning July 1, of the Packet Page 819
22 next fiscal year.

Holidays shall not be carried over from one fiscal year to another. Upon separation, an unused holiday cannot be converted to cash.

If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

B. Public Safety Management
Regular full-time sworn employees in the classification of Police Captain and Police Lieutenant shall receive as compensation in-lieu of holidays an amount equal to 5.07.0% of regular pay, to be paid each pay period. (See Section XIX. A. for complete list of holidays.)
C. Regular Part-Time Employees
Upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, regular part-time employees shall be eligible for prorated holidays in accordance with Section XV and as listed below:

Work Schedule Holiday Pay
30-35 work hours 6-7 hours per holiday
20-25 work hours 4-5 hours per holiday
XIX. GRIEVANCE PROCEDURE
Any dispute between the City and an employee regarding the interpretation or application of this Memorandum of Understanding shall be considered a grievance. A grievance may be filed by an employee on his/hertheir own behalf orby the President of the Association and/or his/hertheir designated representative effecting the rights of an employee pursuant to this agreement who is represented by the Association. For purposes of this section, all notices required herein shall be effected when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the Packet Page 820
23 time, place and person served. Notice may also be served by addressing said notice to the City supervisor involved at the City Administration Building or the employee at his home address as shown in the Human Resources Office, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered served upon deposit in the U.S. Mail postage prepaid.

A written grievance shall contain a complete statement of the grievance, the alleged facts upon which the grievance is based, the reasons for the grievance, the remedy requested, and the sections of this agreement alleged to have been violated. The grievance shall be signed and dated by the employee and/or the President of the Association on behalf of an employee represented by the Association.

Hearings on grievances and actual filing of grievances may be processed during normally scheduled working hours. All other activities related to the employee’s or Association’s preparation and processing of the appeal grievance shall be done outside of scheduled working hours. No employee or Association representative shall be entitled to any additional compensation or premium pay for any time spent in preparing or processing grievances. No grievances shall be processed during periods of overtime.

The employee or the Association shall pay for the time and expenses of his/hertheir (its) representatives and witnesses through all stages of the grievanceprocedure. Witnesses who are City employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the Association shall be permitted to be present without loss of compensation during hearings on grievances.

Any grievance not filed or appealed by the employee within the time limits specified shall be considered settled on the basis of the last disposition given.

In the event the grievance is not answered by the City within the time limits set forth herein, the employee may and/or the Association on behalf of the employee may take the grievance to the next higher step in the grievance procedure within the time limits provided.

No resolution of any grievance shall be contrary to the provisions of this Memorandum of Understanding.

An Association employee shall not be penalized if he/she erroneously files a grievance rather than an appeal or vice versa under City of Newark Ordinance Packet Page 821
24 No. 77.10, Section 8, RIGHT OF APPEAL. At such time as the employee is notified in writing that the wrong procedure has been utilized, the employee shall refile the action as a grievance or appeal within 5 calendar days of the date of notification of erroneous filing.

Grievances shall be processed in the following manner:

C. Within ten (10) calendar days of receipt of the notice of formal written grievance, the immediate supervisor shall provide his/hertheir decision inwriting to the employee and/or Association representative.

E. Within ten (10) calendar days of receipt of the formal appeal on the grievance, the Chief of Police shall provide a written decision to the employee and/or Association.

F. Within ten (10) calendar days of receipt of the decision of the Chief of Police, the employee and/or the Association may present a formal appeal of the grievance to the City Manager. The City Manager or his/hertheir designated representative within ten (10) calendar days of
receipt of the appeal shall make a thorough review of the grievance, meet with the Police Chief and the parties involved to attempt to resolve the grievance and, if necessary, thereafter provide a written decision to the employee and/or employee association within ten (10) calendar days of the meeting date.

1. The City Manager and the employee and/or Association representative shall alternately strike names from the list so furnished and the last name remaining shall be designated as the fact-finder.

3. The rules of conduct of proceedings shall be according to those procedures for expedited fact-finding utilized by the American Arbitration Association.

4. The City and the employee both hold the right to be represented by an attorney or a representative of the employee’s union or association.

5. If either of the parties does not accept the decision of the fact-finder, the party may appeal to a court of competent jurisdiction to hear the matter based on the transcript of evidence submitted to the factfinder and conclusions of the fact-finder.

XX. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATES

INTERNAL REVENUE CODE
A. Pick-up of Employee Contributions

2. Employee contributions made under paragraph 1 shall be paid from the same source of funds as used in paying the wages to affected employees.

4. The employee does not have the option to receive the City's Packet Page 823
26 contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

C. Limitations to Operability
Section XXI. shall be operative only as long as the City of Newark pickup of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code.

XXI. MANAGEMENT RIGHTS
The exercise by the City through its City Council and management representatives of its rights hereunder shall not in any way be directly or indirectly subject to the grievance procedure herein, except for specific provisions addressed in other clauses of this Memorandum of Understanding.

The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and employment rules and regulations consistent with law and the specific provisions of this Memorandum of Understanding, to direct its employees to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the method, means and personnel by which Packet Page 824
27 the City services are to be provided, including theright to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community.

Packet Page 825
28 ATTACHMENT A

PAY PLAN
This Newark Police Management Association Pay Plan applies to all employees.

Structures and ranges will be reviewed annually and updated as necessary based on the market conditions, internal relationships, and City’s financial condition.

Individual salary adjustments will be considered by the City Manager based on (1) performance factors and overall contribution to management of the City; (2) pay structure adjustments; and (3) City’s financial condition.

III. BASIC PLAN ELEMENTS
A. Structure. The Newark Police Management Association Pay Plan consists of four (4) salary ranges. There shall be no specific or predetermined “steps” within the range thus allowing the flexibility of adjustment to Packet Page 826
29 recognize varying levels of performance. All classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.

Effective July 1, 2022, the minimum of each range will be adjusted to be 20% below the top of the range.

B. Performance Appraisal. All employees shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date. All individual salary adjustments shall be based on performance. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The Chief of Police will make a recommendation based on the employee’s performance appraisal for any salary adjustments to the City Manager.

Eligibility for merit increases will resume at the start of the term of the MOU. Performance evaluations are expected to occur in July and August of 2022, with merit increases to occur approximately in September 2022, and annually thereafter.

D. Meritorious Performance Adjustment. An employee shall be eligible to receive one merit increase per twelve-month period if the employee’s performance is beyond a satisfactory level. A meritorious performance adjustment would be in addition to any adjustment based on range movement. For each fiscal year during the term of this MOU, such an increase shall be up to two five percent (52%), the exact percentage being determined by the City Manager based on an evaluation of the degree of meritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve month period, but not more than once each six months may be approved by the City Manager for the following reasons:

1. An employee’s salary is below the midpoint of the range and the employee has experienced substantial growth in
Packet Page 827
30 his/hertheir position representing an increased value to the City.

2. An employee has demonstrated outstanding performance or made an exceptional contribution to the City.

Whenever an employee receives a six-month meritorious performance adjustment, the employee’s anniversary date will change pursuant to the Personnel Rules and Regulations.

E. Special Adjustment. The City Manager may authorize salary adjustments up to ten (10) percent per fiscal year within the assigned salary range for the following reasons:

1. An employee’s performance consistently exceeds the scope and expectations of his/hertheir classification as determined by the City Manager.

2. Competitive labor market conditions warrant an adjustment.

3. An employee’s overall contribution and value to the City as determined by the City Manager warrants an adjustment.

Packet Page 828
31 ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 2022
Range Minimum Maximum
RANGE 01 $ 5,885.70 $ 7,062.84
RANGE 02 $ 6,183.14 $ 7,419.77
RANGE 03 $ 6,491.40 $ 7,789.68
RANGE 04 $ 6,812.28 $ 8,174.74
RANGE 05 $ 7,154.78 $ 8,585.74
RANGE 06 $ 7,515.32 $ 9,018.38
RANGE 07 $ 7,888.47 $ 9,466.16
RANGE 08 $ 8,283.26 $ 9,939.91
RANGE 09 $ 8,696.06 $ 10,435.27
RANGE 10 $ 9,132.31 $ 10,958.77
RANGE 11 $ 9,590.18 $ 11,508.22
RANGE 12 $ 10,069.70 $ 12,083.64
RANGE 13 $ 10,570.84 $ 12,685.01
RANGE 14 $ 11,099.02 $ 13,318.82
RANGE 15 $ 11,659.65 $ 13,991.58
RANGE 16 $ 12,238.30 $ 14,685.96
RANGE 17 $ 12,849.41 $ 15,419.29
RANGE 18 $ 13,494.76 $ 16,193.71
RANGE 19 $ 14,167.16 $ 17,000.59
RANGE 20 $ 14,875.61 $ 17,850.73
RANGE 21 $ 15,621.91 $ 18,746.29
RANGE 22 $ 16,406.07 $ 19,687.28
RANGE 23 $ 17,220.87 $ 20,665.04
RANGE 24 $ 18,084.35 $ 21,701.22
RANGE 25 $ 18,992.90 $ 22,791.48
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Packet Page 829
32 RANGE 26$ 19,939.30$ 23,927.16
RANGE 27$ 20,936.17$ 25,123.40
RANGE 28$ 21,978.11$ 26,373.73
RANGE 29$ 23,079.54$ 27,695.45
RANGE 30$ 24,233.25$ 29,079.90
Effective July 1, 2023
Range Minimum Maximum
RANGE 01$ 6,062.27$ 7,274.73
RANGE 02$ 6,368.63$ 7,642.36
RANGE 03$ 6,686.14$ 8,023.37
RANGE 04$ 7,016.65$ 8,419.98
RANGE 05$ 7,369.42$ 8,843.31
RANGE 06$ 7,740.78$ 9,288.93
RANGE 07$ 8,125.12$ 9,750.14
RANGE 08$ 8,531.76$ 10,238.11
RANGE 09$ 8,956.94$ 10,748.33
RANGE 10$ 9,406.28$ 11,287.53
RANGE 11$ 9,877.89$ 11,853.47
RANGE 12$ 10,371.79$ 12,446.15
RANGE 13$ 10,887.97$ 13,065.56
RANGE 14$ 11,431.99$ 13,718.38
RANGE 15$ 12,009.44$ 14,411.33
RANGE 16$ 12,605.45$ 15,126.54
RANGE 17$ 13,234.89$ 15,881.87
RANGE 18$ 13,899.60$ 16,679.52
RANGE 19$ 14,592.17$ 17,510.61
RANGE 20$ 15,321.88$ 18,386.25
RANGE 21$ 16,090.57$ 19,308.68
RANGE 22$ 16,898.25$ 20,277.90
RANGE 23$ 17,737.50$ 21,284.99
RANGE 24$ 18,626.88$ 22,352.26
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33 RANGE 25$ 19,562.69$ 23,475.22
RANGE 26$ 20,537.48$ 24,644.97
RANGE 27$ 21,564.26$ 25,877.10
RANGE 28$ 22,637.45$ 27,164.94
RANGE 29$ 23,771.93$ 28,526.31
RANGE 30$ 24,960.25$ 29,952.30
Effective July 1, 2024
Range Minimum Maximum
RANGE 01 $6,244.14$ 7,492.97
RANGE 02 $6,559.69$ 7,871.63
RANGE 03 $6,886.72$ 8,264.07
RANGE 04 $7,227.15$ 8,672.58
RANGE 05 $7,590.50$ 9,108.61
RANGE 06 $7,973.00$ 9,567.60
RANGE 07 $8,368.87$ 10,042.64
RANGE 08 $8,787.71$ 10,545.25
RANGE 09 $9,225.65$ 11,070.78
RANGE 10 $9,688.47$ 11,626.16
RANGE 11$ 10,174.23$ 12,209.07
RANGE 12$ 10,682.94$ 12,819.53
RANGE 13$ 11,214.61$ 13,457.53
RANGE 14$ 11,774.95$ 14,129.93
RANGE 15$ 12,369.72$ 14,843.67
RANGE 16$ 12,983.61$ 15,580.34
RANGE 17$ 13,631.94$ 16,358.33
RANGE 18$ 14,316.59$ 17,179.91
RANGE 19$ 15,029.94$ 18,035.93
RANGE 20$ 15,781.54$ 18,937.84
RANGE 21$ 16,573.29$ 19,887.94
RANGE 22$ 17,405.20$ 20,886.24
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Formatted Packet Page 831
34 RANGE 23$ 18,269.63$ 21,923.54
RANGE 24$ 19,185.69$ 23,022.83
RANGE 25$ 20,149.57$ 24,179.48
RANGE 26$ 21,153.60$ 25,384.32
RANGE 27$ 22,211.19$ 26,653.41
RANGE 28$ 23,316.57$ 27,979.89
RANGE 29$ 24,485.09$ 29,382.10
RANGE 30$ 25,709.06$ 30,850.87
Effective July 1, 20220
Salary Range Minimum Maximum 1 4,684 6,791 2 4,918 7,134 3 5,165 7,492 4 5,423 7,862 5 5,693 8,257 6 5,981 8,671 7 6,277 9,103 8 6,596 9,558 9 6,921 10,033 10 7,267 10,539
11 7,632 11,067
12 8,014 11,620
13 8,415 12,199
14 8,836 12,809
15 9,275 13,453
16 9,741 14,122
17 10,228 14,828
18 10,738 15,571
19 11,275 16,348
20 11,840 17,166
21 12,429 18,025
22 13,053 18,930
23 13,707 19,872
24 14,391 20,865
25 15,111 21,914
26 15,866 23,006
27 16,658 24,157
28 17,492 25,361
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Packet Page 832
35 29 18,369 26,630
30 19,286 27,963
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.

ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 20220
Salary Range Minimum Maximum
1 4,684 6,791
2 4,918 7,134
3 5,165 7,492
4 5,423 7,862
5 5,693 8,257
6 5,981 8,671
7 6,277 9,103
8 6,596 9,558
9 6,921 10,033
10 7,267 10,539
11 7,632 11,067
12 8,014 11,620
13 8,415 12,199
14 8,836 12,809
15 9,275 13,453
16 9,741 14,122
17 10,228 14,828
18 10,738 15,571
19 11,275 16,348
20 11,840 17,166
21 12,429 18,025
22 13,053 18,930
23 13,707 19,872
24 14,391 20,865
25 15,111 21,914
26 15,866 23,006
27 16,658 24,157
Packet Page 833
36 28 17,492 25,361
29 18,369 26,630
30 19,286 27,963
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.

ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 20220
Salary Range Minimum Maximum
1 4,684 6,791
2 4,918 7,134
3 5,165 7,492
4 5,423 7,862
5 5,693 8,257
6 5,981 8,671
7 6,277 9,103
8 6,596 9,558
9 6,921 10,033
10 7,267 10,539
11 7,632 11,067
12 8,014 11,620
13 8,415 12,199
14 8,836 12,809
15 9,275 13,453
16 9,741 14,122
17 10,228 14,828
18 10,738 15,571
19 11,275 16,348
20 11,840 17,166
21 12,429 18,025
22 13,053 18,930
23 13,707 19,872
24 14,391 20,865
25 15,111 21,914
26 15,866 23,006
Packet Page 834
37 27 16,658 24,157
28 17,492 25,361
29 18,369 26,630
30 19,286 27,963
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40 hour workweek salary ranges.

Packet Page 835
38 ATTACHMENT C

II. APPLICABILITY
The General Leave Plan shall apply to regular full timefull-time employees.

Regular part- time employees shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an employee with one yearof City service who works 35 hours per week will receive 161 hours of generalleave per year. An employee with one year of City service who works 24 hoursper week will receive 110.4 hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will beused as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to employees on a quarterly basis until the process is automated.

III. GENERAL LEAVE CREDITS
A. Regular Full-Time Employees
Eligible regular full-time employees shall be entitled to the following annual accrual.

C. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue Packet Page 836
39 General Leave credits.

D. General Leave During First Year: Beginning on the 90th day of employment, regular employees shall be eligible to earn General Leave credits. Upon the completion of said period of service, regular full time employees shall be credited with forty-six (46) working hours of General Leave and shall thereafter accrue General Leave at the rate of 7.66 working hours, semi-monthly for the remainder of the first year and as provided in Subsection A, Section III, above.

E. Maximum Accumulation: Regular Full-time employees may accumulate General Leave credits according to the following schedule:

Years of Maximum accrual
Completed Service
1 through 9 368 hours
10 through 14 448 hours
15 through 19 480 hours
20 or more 528 hours
F. Regular Part-Time Employees
Beginning on the 90th day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and as follows:

Years of
Completed Service
20-25 hour
Maximum accrual
30-35 hour
Maximum accrual
1 through 9 184-230 hours 276-322 hours
10 through 14 224-280 hours 336-392 hours
15 through 19 240-300 hours 360-420 hours
20 or more 264-330 hours 396-462 hours
When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank on a Packet Page 837
40 quarterly basis. Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

IV. GENERAL LEAVE IMPLEMENTATION
Unused leave credits shall be transitioned to General Leave as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.

V. GENERAL LEAVE USAGE
Request and Approval: The Police Chief is responsible for arranging leave schedules so that adequate personnel are available to carry on city work.

The use of General Leave shall require approval of the Chief of Police or his/hertheir designee and shall be governed by the current Personnel Rules dealing with leaves unless specifically covered by this Plan document.

Whenever possible, General Leave requests must be approved in advance of the days to be taken as General Leave. The procedure for requesting the use of General Leave shall be as follows:

A. General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc. shall require prior approval of the Police Chief, or the employee’s supervisor. The time and amount of General Leave to be taken for nonmedical purposes shall be determined by the Police Chief with due regard Packet Page 838
41 for the wishes of the employee and particular regard for the needs of the City.

B. General Leave (Medical): An unscheduled absence from work due to an employee’s illness shall be referred to as General Leave for medical reasons. The Police Chief may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons. The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Police Chief shall make the determination and final approval of unscheduled General Leave for medical reasons.

C. An employee may request General Leave for an unanticipated absence from work (e.g. medical, car trouble, care of children, etc.) by notifying his/hertheir supervisor within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed byhis/hertheir supervisor. Final approval for an unanticipated, unscheduled absence shall require Police Chief approval.

Failure to request an unscheduled leave in the manner described may result in lost work time charged as leave without pay or unauthorized leave of absence. Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

D. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit his/hertheir ability to return to work at the earliest possible time.

F. On-the-job Injury: An employee absent from work because of a temporary disability which is defined as industrial under the Workers’ Compensation Act may charge General Leave credits (or unused sick leave, if approved by the City Manager) in an amount necessary to make up the difference between the employee’s regular pay and the amount payable to the employee as temporary disability payments from the Workers’ Compensation Insurance Plan of the City.

G. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue the salary of employment of any employee after it has been determined that such employee is permanently Packet Page 839
incapacitated from returning to employment and is eligible for disability retirement.

H. Sick Leave Bank: A sick leave bank shall be established for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account. Employees may transfer General Leave credits to their sick leave bank in accordance with Section VI of the General Leave Plan.

I. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legally-protected leave, for more than eight (8) cumulative work days during any fiscal year may use unused sick leave balances forabsences due to further illness or injury prior to using further General Leave.

2. Upon approval of the City Manager, an employee whose absence is due to illness or injury for more than five (5) consecutive work days for any one occurrence may use unused sick leave balances for absences due to further illness or injury for that particular medical condition prior to further using General Leave.

3. Upon approval of the City Manager, an employee who has exhausted all General Leave credits may be granted the use of unused sick leave balances for a medical purpose. The City Manager may impose up to a five (5) workday waiting period based upon a review of the employee’s General Leave usage.

VI. GENERAL LEAVE CONVERSION TO PAY OR SICK LEAVE
A. Buy-Back: A regular full-time employee may request to receive pay for up to a total of eighty (80) hours of General Leave per fiscal year (forty (40) to fifty (50) hours for 20-25 hour employees; sixty (60) to seventy (70) hours for 30-35 hour employees) in hourly increments at the current hourly salary rate. To be eligible for General Leave conversion to cash, an employee must have a minimum of 10 days (80 hours for full-time or prorated for RPT) of General Leave credits remaining after the conversion. Requests for General Leave buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15 or may be deferred into one of the City sponsored deferred compensation plans within IRS limitations.

For calendar year 2022 only, the total amount of general leave allowed for conversion will be increased one time to 120 hours for regular full-time employees,
For calendar year 2022, 2023 and 2024, for the positions of Police Lieutenant and Police Captain only, the total amount of general leave allowed for conversion will be increased to a total of 160 hours for each calendar year. Effective January 1, 2025 the amount of general leave allowed for conversion will revert to 80 hours per year.

Packet Page 840
Effective November 2022 –
By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year, shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: the employee may cash out up to 80 hours of general leave. • Employees must have a minimum of 10 days (80 hours for full-time or prorated for parttime) remaining in general leave accruals at the time of cash out. • Employees must submit their General Leave Buy-Back Request Form to Payroll by December

1. This is an irrevocable election by the employee.

Employees must further ensure they will have at least ten (10) days of general leave accruals remaining at the time of the buy- back which will occur in December 2023. The buy-back will be paid out in the last full pay period of December 2023, which is December 29, 2023.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the general leave buy-back program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the general leave buy-back program.

B. The City Manager and City Attorney may request at any time during the fiscal year to receive pay for up to eighty (80) hours of General Leave in hourly increments at the current hourly salary rate.

B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated. Such designation shall be in writing, signed by the employee and filed with the Human Resources Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

Packet Page 841
Exhibit A

CITY OF NEWARK, CALIFORNIA
To: Newark Police Management Associate (NPMA) Executive Board From: David Benoun, City Manager
Kris Kokotaylo, Interim City Attorney
Helen Que-Garcia, Acting Human Resources DirectorDate: August 16, 2019 This will serve as a side letter to the City of Newark (City) and the Newark Police Management Association (NPMA) July 1, 2019-June 30, 2022 Memorandum of Understanding (MOU). The City and NPMA agree to amend Section IX of the MOU to addSection IX.E as follows:

I. Health and Welfare
E. All regular full-time employees in the Association are eligible for an allowance of up to $100 per month towards the cost of health care premiums, long-term disability premiums, or reimbursement for medical, dental, vision, and prescription expenses. All regular part-time employees in the Association are eligible for an allowance of up to $75 for 30-35 hour employees and up to $50 for 20-25 hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:

2. Reimbursement for health care expenses may be requested on a quarterly basis by submitting receipt or other evidence of payment for expenses not covered by health care insurance to the Human Resources Department during the last week of each quarter. The minimum reimbursement allowance will be $33.00 and the maximum quarter reimbursement allowance is $300.00 for full time employees, $225 for regular part-time 30-35 hour employees and $150 for regular part-time 20-25 hour employees.

3. An employee must be in a paid status (on the payroll) in order to receive reimbursement for health care premiums, long-term disability premiums, or health care expenses. During a leave of absence without pay, an employee is not eligible toreceive the health care benefit. However, upon return from the leave of absence without pay, an eligible employee may receive reimbursement for health care premiums or health care expenses that would have been paid if the employee had Formatted: Normal, Right, Right: 0.07", Space Before:

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Packet Page 842
continued working provided the employee returns to work within six months of theeffective date of the leave of absence without pay.

4. Employees appointed to a classification covered by this Compensation Plan will be eligible for the health and welfare benefit on the first of the month coincident to orimmediately following appointment.

5. When an employee is terminated or in an unpaid leave status, the health and welfarebenefit shall be paid on a monthly pro-rata basis if the employee qualified for the Health Benefit. To qualify for pro-rata pay, the employee must serve 50 percent of the working days in the month to qualify for the $100 benefit.

All other provisions in the MOU remain in effect.

DatJ �11
ForieCitvfofN wark: For the Newark Police Management Association:
\
ewark Police Management Association
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Packet Page 843

CITY OF NEWARK, CALIFORNIA
To: Newark Police Management Association (NPMA) Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City ManagerDate: May 14, 2020 This will serve as a side letter to the City of Newark (City) and the Newark Police Management Association (NPMA) July 1, 2019-June 30, 2022 Memorandum of Understanding (MOU). The purpose of this side letter is to address changed conditions as a result of the COVID-19 pandemic. This side letter will become effective upon approval by theCity Council.

On March 16, 2020, the Alameda County Public Health Officer issued an Executive Order directing the public to shelter at their place of residence except under certain limited circumstances (the "SIP"). The Alameda County Public Health Officer has since extended and modified the SIP. Additionally, the Governor of the State of California has issued a statewide Executive Order directing the public to shelter at their place of residence.

The City has made modifications to activity and services in response to the SIP, the emergencydeclarations and the COVID-19 pandemic. The City granted employees that were unable to Formatted: Right, Indent: Left: 0", Right: 0.07", Space Before: 3.3 pt
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Packet Page 844
perform their regular duties emergency paid administrative leave beginning March 17, 2020("EPAL").

The City and NPMA agree to the following.
- Use of Federal Leaves: Beginning April 30, 2020, the City stopped providing EPAL. The City is making up to 80 hours of Emergency Paid Sick Leave available to members ofNPMA through December 31, 2020 provided that the member meets the eligibility requirements for theprogram as established by federal law.
- Temporary Suspension of Maximum General Leave Accrual: The maximum accumulation of general leave credits identified in Attachment C, Sections III.E and III.G of theMOU are temporarily suspended for any excess general leave credits accumulated March 16, 2020 through March 15, 2021.

Members ofNPMA will have until March 15, 2022 to utilize any excess general leave hours pursuant to the MOU. Any excess general leave accruals remaining on March 16, 2022 will be cashed out on the first pay period following the pay periodincluding March 16, 2022. - Extended Time to Use Certain Leave: Section XV of the MOU provides that management leave must be used within a fiscal year and Section XIX of the MOU provides that birthday and floating holiday must be used within the fiscal year and cannot be carried over from one fiscal year to another. In recognition of the fact that members ofNPMA may not be able to utilize management leave, birthday holiday, or floating holiday during fiscal year 2019-2020, management leave, birthday holiday, and floating holiday balances that are not used during fiscal year 2019-2020 can be carried over and used during fiscal year 2020-2021 pursuant to the MOU. Management leave, birthday holiday, and floating holiday balances carried over from fiscal year 2019-2020 must be used prior to the end of fiscal year 2020-2021. - Employees That Did Not Use EPAL: Members ofNPMA that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees that are members of NPMA are eligible for up to 120 hours of AAL based on 3 weeks of regularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AALbased on 3 weeks ofregularly scheduled part-time hours.

AAL will be reduced proportionately by the amount of EPAL that a member of NPMA used. For example, if a full time employee member ofNPMA partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that member would have 60 hours of AAL, while if a part time employee member ofNPMA that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that member would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

For the Newark Police ManagementAssociation:
a\(id J.\ enc\un, City Manager
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Packet Page 845

CITY OF NEWARK, CALIFORNIA
To: Newark Police Management Association (NPMA) Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City ManagerDate: June 25, 2020 This will serve as a side letter to the City of Newark (City) and the Newark Police Management Association (NPMA) July 1, 2019-June 30, 2022 Memorandum of Understanding (MOU). The purpose of this side letter is to address changed circumstances as aresult of significant economic impacts and impacts to the City's budget and financial circumstances due to the COVID-19 pandemic. This side letter will become effective upon approval by the City Council.

On March 16, 2020, the Alameda County Public Health Officer issued an Executive Order directing the public to shelter at their place of residence except under certain limited circumstances (the "SIP"). The Alameda County Public Health Officer has since extended andmodified the SIP. Additionally, the Governor of the State of California has issued a statewide Executive Order directing the public to shelter at their place of residence.

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