Newark City Council
June 26, 2025

Figure 2: Emission Reductions from Legislation and Proposed Strategy Strategies have key indicators, which are quantified targets, that will help staff determine if they are achieving strategy emissions reductions. To ensure strategies are implemented, each strategy has actions that describe policies, programs, and/or partnerships the City will establish to achieve GHG emissions reductions. Staff also identified City departments and partner organizations responsible for implementing each action. The next steps include releasing CAN for public review and developing an implementation plan.

FISCAL IMPACT
The fiscal impact to the City will be estimated in Climate Action Newark along with the development of the final strategy and implementation plan.

REVIEW AND APPROVAL
Prepared by - James Scanlin, Environmental Services Division Manager Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
GHG Gap Analysis
CAP presentation
Memo
2054 University Ave., Suite 400
Berkeley, CA 94704
410.217.5000
Date: May 8, 2025
To: Jim Scanlin (City of Newark)
From: John Steponick, Brenda Hom, Hannah Kornfeld, Andrew Beecher, and Honey Walters (Ascent) Subject: City of Newark Climate Action Plan Update: Gap Analysis Technical Memorandum

1 INTRODUCTION
This technical memorandum outlines greenhouse gas (GHG) reduction and adaptation strategies and actions and summarizes the draft results of the quantitative “gap analysis” process for the City of Newark’s (City’s) Climate Action Plan Update, titled Climate Action Newark (CAN). The gap analysis aims to confirm and quantify the suite of GHG reduction strategies that would set the City on course to meet its GHG reduction targets for 2035 and 2045. The gap analysis considers several steps in the climate action planning process, which are listed below and addressed in subsequent sections.
 Summary of the 2035 and 2045 GHG emissions forecasts (per “City of Newark Climate Action Plan Update:

Greenhouse Gas Emissions Forecasts and Reduction Targets – Final Technical Memorandum” dated June 27, 2024, referred to hereafter as “Forecast Memo”);
 Summary of the 2035 and 2045 GHG emissions reduction targets (per the Forecast Memo); and  Quantification of GHG emissions reduction strategies and evaluation of the calculated gap between the estimated GHG reductions and the recommended targets, the primary focus of this technical memorandum. 2 CLIMATE ACTION STRATEGIES AND ACTIONS
Based on the results of the Forecast Memo, additional GHG reductions are needed to achieve the State’s emissions reduction targets for 2035 and 2045. The strategies presented below are organized under categories that generally align with the emissions sectors: building energy (e.g., residential and nonresidential building energy use), on-road transportation, off-road vehicles and equipment, solid waste, water, and wastewater. Each category includes one or more broad strategies to reduce emissions, such as energy efficiency, renewable energy, and waste diversion. Metrics are provided for quantified strategies to help the City meet the reduction targets. These include performance indicators by which progress can be tracked and monitored for implementation. The proposed strategies will be realized through one or more actions that the City can implement to reduce GHG emissions.

GHG reductions associated with these strategies were calculated stepwise for 2035 and 2045. In other words, GHG reductions (in metric tons of carbon dioxide equivalent [MTCO2e]) are assessed during a snapshot in 2035 and 2045.

Newark CAP Update: Gap Analysis Memo
May 8, 2025

Strategies are quantified for a single year rather than adding cumulative reductions from prior years, which aligns with the methodology used to derive the City’s GHG reduction targets and aligns with the California Governor’s Office of Land Use and Climate Innovation General Plan Guidelines. Importantly, GHG emissions reductions were quantified for strategies wherever supporting data and reasonable assumptions were available to support calculations. Some strategies were not quantifiable because of a lack of available data or quantification methods but would still be expected to reduce GHG emissions. These strategies are listed in this technical memorandum and will be discussed qualitatively in CAN. They can be monitored for potential quantification opportunities in the future if data and/or quantification methods become available.

Estimates of GHG emissions reductions, along with an estimated emissions “gap” (i.e., the difference between the effective GHG reductions required to meet the targets and the total GHG reductions), are summarized in Table 1 below and illustrated in Figure 1 in Section 2.1.7. Descriptions of the strategies are provided in the following sections.

Detailed strategy calculations and assumptions supporting the GHG reduction estimates are provided in Attachment A.

Table 1 Newark GHG Emissions Reduction Strategies
Strategy # Strategy
GHG Reductions (MTCO2e)
2035 2045
Energy Transition & Efficiency (EN)
EN-1 Electrify and decarbonize the city's building stock. 11,974 28,410 EN-2 Expand clean energy generation and use. 31,422 0
EN-3 Promote energy efficiency and reduce energy consumption. N/A N/A EN Subtotal 43,396 28,410
Sustainable On- and Off-Road Transportation & Land Use (TR) TR-1 Make active transportation the preferred method of getting around, where feasible.
182 38
TR-2 Increase the safety, accessibility, and reliability of public transit. 768 226 TR-3 Expand and encourage shared mobility options. N/A N/A TR-4 Where and when passenger and commercial vehicle use is necessary, accelerate the widespread adoption of zero-emission vehicles. 9,862 17,936 TR-5
Prioritize sustainable land use by increasing residential density, supporting a diversity of land uses, and implementing transportation demand management strategies.
1,813 538
TR-6 Reduce emissions associated with off-road transportation and equipment. 1,668 2,040 TR Subtotal 14,294 20,778
Responsible Use of Resources (RES)
RES-1 Expand the practice of circular economy principles that promote the reuse, repair, and recycling of goods and materials. N/A N/A
RES-2 Promote responsible organic and inorganic waste management and reduction practices. 5,632 6,289
RES-3 Prioritize water-wise practices and technologies that minimize consumption across the city. 0 0
RES Subtotal 5,632 6,289
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Strategy # Strategy
GHG Reductions (MTCO2e)
2035 2045
Nature-Based Solutions & Urban Greening (NBS)
NBS-1 Maintain and expand the city's urban tree canopy. 729 1,216 NBS-2 Integrate green stormwater infrastructure throughout the city. N/A N/A NBS-3 Protect, restore, and enhance natural areas, wetlands, and ecosystems. 179 357 NBS-4 Promote sustainable landscaping practices that support native vegetation and pollinator habitats. N/A N/A
NBS Subtotal 908 1,573
Community Capacity & Resilience (COM)
COM-1 Improve climate and emergency preparedness. N/A N/A COM-2 Reduce exposure to extreme heat and mitigate the urban heat island effect. N/A N/A COM-3 Bolster protection for sea level rise and flooding. N/A N/A COM-4 Build a more sustainable food system and increase local food security. N/A N/A COM-5 Create a local economy that prioritizes green businesses and "high road" workforce development. N/A N/A
COM-6 Provide education and outreach opportunities to help support CAN awareness and implementation. N/A N/A
COM Subtotal N/A N/A
Municipal Operations (MUN)
MUN-1 Reduce emissions from municipal buildings and facilities. N/A N/A MUN-2 Minimize vehicle miles traveled for City employees. N/A N/A MUN-3 Shift to clean municipal on-road and off-road vehicles and equipment. N/A N/A MUN-4 Reduce municipal water use. N/A N/A
MUN-5 Practice sustainable waste management for municipal operations. N/A N/A MUN-6 Protect municipal assets from climate hazards. N/A N/A MUN Subtotal N/A N/A
Total GHG Emissions Reductions from Strategies 64,230 57,050 GHG Emissions Reductions Needed to Meet Target 63,595 59,301 Target Met? Yes No
Remaining Gap to Target1 (635) 2,251
Notes: CAN = Climate Action Newark; GHG = greenhouse gas; MTCO2e = metric tons of carbon dioxide equivalent; N/A = not applicable. 1 Values in parentheses indicate the target has been met with a surplus of reductions.

Source: Calculations conducted by Ascent in 2024.

In the table below, all actions identify City departments responsible for implementation as well as partner organizations and agencies to facilitate successful implementation. Some department and organization names have been abbreviated in the table and are defined as follows:

Newark CAP Update: Gap Analysis Memo
May 8, 2025

 City Departments
 CD/CP = Community Development, Community Preservation  CD/ED = Community Development, Economic Development
 CD/P&H = Community Development, Planning and Housing
 CMO = City Manager’s Office
 PW/BI = Public Works, Building Inspection
 PW/CIP = Public Works, Capital Improvement Program
 PW/ENG = Public Works, Engineering
 PW/ENV = Public Works, Environmental Services
 PW/M = Public Works, Maintenance
 RCS = Recreation and Community Services
 Implementing Partners
 ABAG = Association of Bay Area Governments
 AC OES = Alameda County Office of Emergency Services
 AC Transit = Alameda-Contra Costa Transit District
 ACFD = Alameda County Fire Department
 ACOE = Alameda County Office of Education
 ACPHD = Alameda County Public Health Department
 ACWD = Alameda County Water District
 ADF = Arbor Day Foundation
 Alameda CTC = Alameda County Transportation Commission  Ava = Ava Community Energy
 BayREN = Bay Area Regional Energy Network
 BAWSCA = Bay Area Water Supply & Conservation Agency
 BCDC = San Francisco Bay Conservation and Development Commission  CBO = community-based organization
 MTC = Metropolitan Transportation Commission
 NUSD = Newark Unified School District
 PG&E = Pacific Gas and Electric Company
 UFF = Urban Forest Friends
 USFWS = United States Fish and Wildlife Service
Newark CAP Update: Gap Analysis Memo
May 8, 2025

2.1 ENERGY TRANSITION & EFFICIENCY (EN)
Table 2 EN Strategies and Actions
Action # Action Implementing
Department(s)
Implementing
Partner(s)
Strategy EN-1: Electrify and decarbonize the city's building stock.

Key Indicators
By 2035:
 23% of existing residential buildings are fully electrified  21% of existing nonresidential buildings are fully electrified By 2045:
 48% of existing residential buildings are fully electrified  46% of existing nonresidential buildings are fully electrified EN-1-A
Develop a comprehensive building energy retrofit plan to transition existing residential and nonresidential buildings to all-electric. The plan should address end-of-life recycling and disposal of gas appliances, and additionally, should include policies that provide incentives to replace gas-powered appliances with electric alternatives (e.g., heat pumps, electric water heaters, induction stoves) and that cover the costs of electrical panel upgrades and other necessary infrastructure improvements. The plan could be informed by BayREN's Existing Buildings Study.
 PW/BI
 PW/ENV
 BayREN
EN-1-B
Promote existing websites and incentive resources from BayREN, Ava, PG&E, and The Switch Is On that provide information on building electrification, such as replacing natural gas stoves with all-electric induction range cooktops, among other opportunities.
 PW/ENV
 BayRen
 Ava
 PG&E
Strategy EN-2: Expand clean energy generation and use.

Key Indicators
By 2035:
 100% carbon-free electricity from Ava
By 2045:
 100% carbon-free electricity from Ava
EN-2-A Streamline the permitting of nonresidential solar photovoltaics or other renewable energy and battery storage projects.
 PW/BI  N/A
EN-2-B
Support Ava's commitment to achieve 100 percent green energy by 2030, which may include developing and implementing measures to increase residential and business enrollment in Ava's Renewable 100 service plan.  PW/ENV  Ava
Strategy EN-3: Promote energy efficiency and reduce energy consumption.

Key Indicators
N/A
EN-3-A
Establish a program that connects owners and occupants of residential and nonresidential buildings to existing energy audit and weatherization programs and resources (e.g., California’s Low-Income Weatherization Program, BayREN's Home Energy Advisors), and additionally, helps to determine eligibility. Where existing programs and resources do not exist or are insufficient to meet local demand, consider partnering with CBOs and other local and regional organizations to support and expand access to such programs and resources.  PW/ENV
 BayREN
 Rising
Sun
 CBOs
EN-3-B
Partner with BayREN to promote their financing and rebate opportunities for residential and business energy efficiency upgrades (e.g., insulation, air sealing, heating and cooling systems, duct replacements). Through the partnership,  PW/ENV  BayREN
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
develop new pathways to expand eligibility and to potentially bundle various energy efficiency upgrades to deliver more savings.

EN-3-C
Increase public awareness of reducing plug loads in homes and businesses, which should include educational materials on efficient appliance usage, smart power strips, and standby power. Partner with local schools (e.g., NUSD), libraries, and community groups to host workshops and distribute materials.  PW/ENV
 NUSD
 CBOs
EN-3-D
Connect commercial building owners with Ava's Building Efficiency Accelerator program, which offers free site assessments to identify energy savings opportunities, 12 months of free technical and implementation support, and additional program benefits and incentives.
 PW/ENV
 CD/ED
 Ava
Notes: Ava = Ava Community Energy; BayREN = Bay Area Regional Energy Network; CBOs = community-based organizations; CD/ED = Community Development, Economic Development; CEC = California Energy Commission; GHG = greenhouse gas; N/A = not applicable; NUSD = Newark Unified School District; PG&E = Pacific Gas & Electric Company; PW/BI = Public Works, Building Inspection; PW/ENV = Public Works, Environmental Services.

Source: Compiled by Ascent in 2025.

2.2 SUSTAINABLE ON- AND OFF-ROAD TRANSPORTATION & LAND

USE (TR)
Table 3 TR Strategies and Actions
Action # Action Implementing
Department(s)
Implementing
Partner(s)
Strategy TR-1: Make active transportation the preferred method of getting around, where feasible.

Key Indicators
N/A
TR-1-A
Adopt the City of Newark Active Transportation Plan to serve as an update to the City of Newark Pedestrian & Bicycle Master Plan. Upon adoption, begin implementing plan recommendations and priority projects, and additionally, ensure that implementation and progress is monitored and assessed over time.  PW/CIP
 PW/ENV
 N/A
Strategy TR-2: Increase the safety, accessibility, and
reliability of public transit.

Key Indicators
By 2035:
 15% increase in transit service miles or service hours  50% increase in transit service frequency
BY 2045:
 20% increase in transit service miles or service hours  50% increase in transit service frequency
TR-2-A
Partner with AC Transit and MTC to connect low-income residents with the Clipper START pilot program, which provides single-ride discounts to riders between the ages of 19 and 64 who meet eligible income levels.
 CMO
 AC Transit
 MTC
TR-2-B
Develop and adopt a transit-supportive complete streets policy that prioritizes transit operations alongside other modes of transportation. The policy will ensure that all future street design and reconstruction projects consider transit needs, including dedicated bus lanes, queue jumps, and transit signal priority systems, and  PW/ENG
 AC Transit
 Alameda CTC
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
implementation of the policy will involve updating design standards, revising the development review process, training City staff, and ongoing collaboration with AC Transit to continually assess and update bus routes, as needed.

TR-2-C
Improve safe pedestrian access to transit facilities across the city, in accordance with the City of Newark Local Roadway Safety Plan, and in collaboration with AC Transit and NUSD. Improvements may be addressed through neighborhood slow zones, curbside management strategies, floating transit islands, protected bike lanes, crosswalk and sidewalk improvements (e.g., mid-block crossings, shortened pedestrian crossings, and protected intersections), adding lighting to improve nighttime safety and wayfinding, adding wayfinding signage, and co-locating bus stops with pedestrian crossings, among others.
 PW/ENG
 AC Transit
 NUSD
TR-2-D
Continue partnering with the City of Fremont to provide paratransit services for seniors and people with disabilities through the "Ride on Tri-City!" program, with ongoing coordination on potential revisions or improvements to the program.  CMO
 RCS
 Fremont
TR-2-E
Increase transit frequency and network coverage of bus lines serving Newark.

Conduct a city-wide transit study to understand the travel patterns of residents, visitors, and commuters to prioritize underserved areas.  PW/ENG  AC Transit
TR-2-F
Improve bus stops in Newark. This includes ensuring stops have barrier-free accessibility, adequate seating, durable and visually attractive shelters, lighting, posted schedules, real-time arrival information, incorporating audio and visual features for those with impairments, and parking enforcement.  PW/ENG
 AC Transit
 MTC
Strategy TR-3: Expand and encourage shared mobility
options.

Key Indicators
N/A
TR-3-A
Partner with NUSD, Ohlone College (Newark Campus), local employers, and other institutions to develop and implement a suite of strategies promoting shared mobility options for students and employees, which may include providing educational resources and promotional materials, encouraging employers to provide pre-tax transportation allowances that can be used for shared mobility services, and offering discounts through negotiated bulk purchasing or subsidies.  CMO
 PW/ENG
 CD/ED
 NUSD
 Ohlone
College
 CBOs
TR-3-B
Establish partnerships with private micromobility companies (e.g., Spin, Bird, Lime, CycleHop) to create shared scooter and e-bike services within the city, which should emphasize equitable access (e.g., offering discounted rates for low-income residents) and enforce improper parking of scooters and e-bikes that block the path of other mobility options.
 CMO
 PW/ENG
 CD/P&H
 CD/ED
 Micromobility
companies
TR-3-C
Collaborate with the Cities of Union City and Fremont to implement a crossjurisdictional community ZEV car share pilot program to benefit disadvantaged communities, which will place ZEVs at affordable housing communities in the tri-city area where residents can reserve the vehicles at a low cost to run errands, get to appointments, and take local trips.
 PW/ENV
 Union City
 Fremont
Strategy TR-4: Where and when passenger and
commercial vehicle use is necessary, accelerate the
adoption of zero-emission vehicles.

Key Indicators
By 2035:
 52% of light-duty vehicles are EVs or PHEVs
 30% of medium- and heavy-duty vehicles are EVs or PHEVs By 2045:
 91% of light-duty vehicles are EVs or PHEVs
 75% of medium- and heavy-duty vehicles are EVs or PHEVs Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
TR-4-A
Consider adopting a reach code for EV charging to meet CALGreen voluntary standards for new residential and commercial development to install conduits for EV charging equipment. Ensure minimum EV charging requirements reflect updated projections and metrics for EV charging usage and continue to increase the number of charging stations in residential and nonresidential development throughout the city.
 PW/BI  N/A
TR-4-B
Conduct a citywide study to identify optimal locations for public EV charging stations based on traffic patterns, proximity to major destinations, and existing electrical infrastructure. Utilize the study to prioritize investments in and seek grant funding (e.g., Bay Area Air District‘s "Charge!" Program) for expanding public EV charging infrastructure in targeted areas, particularly in new and existing multifamily residential and commercial development.
 PW/ENG
 PW/ENV
 Bay Area Air
District
TR-4-C
Establish a public-private partnership program to accelerate and jointly fund the deployment and maintenance of a comprehensive EV charging infrastructure network throughout the city. As part of the program, the City will actively engage with private sector stakeholders (e.g., large employers, retail centers, hospitality businesses) to identify potential partnership opportunities, determine optimal EV charging station locations, and explore innovative funding mechanisms (e.g., charging station sponsorships, advertising revenue models).  PW/ENV
 CD/ED
 Private sector
stakeholders
TR-4-D Develop a permit checklist to install EVSE within the public right-of-way by 2029, pursuant to Assembly Bill 2427 (2024).
 PW/ENG  N/A
Strategy TR-5: Prioritize sustainable land use by
increasing residential density, supporting a diversity of land uses, and implementing transportation demand
management strategies.

Key Indicators
By 2035:
 50% of employees participating in TDM programs
TR-5-A
Recognizing the nexus between climate and housing, continue to implement the climate-friendly policies and programs identified in the Housing Element, such as those that promote higher-density and mixed-use development and encourage the construction of ADUs.
 CD/P&H  N/A
TR-5-B
Implement Safety Element Action SAF-1.C, which calls for updating the zoning ordinance to include transportation demand management standards for development projects.
 CD/P&H  N/A
TR-5-C
Remove parking minimums for new development within half a mile of major transit stops and high-quality public transit corridors and consider establishing parking maximums in new development, aligning with other parking reform programs, such as Housing Element Program H3.5.
 CD/P&H  N/A
TR-5-D
Update parking standards and regulations to ensure that parking: (1) is efficiently designed and addresses the desire to encourage walking, bicycling, the use of alternative fuel vehicles, and public transit use; (2) aligns with AB 2097; and (3) considers changing business patterns, technology, consumer behavior, demographics, and changes in vehicle design and technology.  CD/P&H  N/A
TR-5-E
In accordance with SB 743, amend Newark’s General Plan such that transportation is evaluated based on vehicle-miles traveled (VMT) instead of level-of-service (LOS) and that all references to LOS are removed.
 CD/P&H  N/A
Strategy TR-6: Reduce emissions associated with offroad transportation and equipment.

Key Indicators
By 2035:
 80% of construction equipment is zero-emission
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
 25% of generators used at construction sites are zero-emission  100% of existing landscaping equipment is replaced with electric versions By 2045:
 100% of construction equipment is zero-emission
 25% of generators used at construction sites are zero-emission  100% of existing landscaping equipment is replaced with electric versions TR-6-A Require all discretionary development projects starting in 2027 and later to use renewable diesel in diesel-powered construction equipment.  CD/P&H  Bay Area Air
District
TR-6-B
Prohibit the use of fossil fuel-powered generators at construction sites in all discretionary projects starting in 2027. Coordinate with PG&E to ensure temporary construction power connections to minimize potential project delays.  CD/P&H  Bay Area Air
District
TR-6-C
Develop strategies to encourage business owners (e.g., landscaping businesses) to convert or replace their fossil fuel-powered equipment, such as lawn mowers, leaf blowers, and hedge trimmers, with electric or other alternative zero-emission equipment.
 PW/ENV
 CD/ED
 Bay Area Air
District
Notes: AC Transit = Alameda-Contra Costa Transit District; Alameda CTC = Alameda County Transportation Commission; CBOs = communitybased organizations; CD/ED = Community Development, Economic Development; CD/P&H = Community Development, Planning and Housing; CMO = City Manager’s Office; EV = electric vehicle; EVSE = electric vehicle supply equipment; MTC = Metropolitan Transportation Commission; N/A = not applicable; NUSD = Newark Unified School District; PG&E = Pacific Gas & Electric; PHEV = plug-in hybrid electric vehicle; PW/BI = Public Works, Building Inspection; PW/CIP = Public Works, Capital Improvement Program; PW/ENG = Public Works, Engineering; PW/ENV = Public Works, Environmental Services; ZEV = zero-emission vehicle.

Source: Compiled by Ascent in 2025.

2.3 RESPONSIBLE USE OF RESOURCES (RES)
Table 4 RES Strategies and Actions
Action # Action Implementing
Department(s)
Community
Partner(s)
Strategy RES-1: Expand the practice of circular economy principles that promote the reuse, repair, and recycling of goods and materials.

Key Indicators
N/A
RES-1-A
Promote StopWaste's Repair Workshop Calendar, which serves as a repository for scheduled repair events for broken or damaged household items (e.g., clothes, smartphones) where attendees are empowered to learn valuable repair skills. Partner with StopWaste, local and regional repair shops, makerspaces, and other organizations to explore offering additional repair events.
 PW/ENV  StopWaste
RES-1-B
Building upon the Sustainable Foodware Ordinance, partner with local food service establishments (e.g., restaurants, delis, food trucks, grocery stores) to provide incentives, such as discounts or loyalty rewards, for customers who bring in and use their own reusable containers.
 PW/ENV
 CD/ED
 Local food
service
establishments
RES-1-C
Work with StopWaste to develop and implement strategies (e.g., increased awareness, incentives) that further promote the use of their "RE:Source" guide for the reuse, repair, recycling, and safe disposal of a broad range of items.  PW/ENV  StopWaste
RES-1-D
Identify opportunities for circular economy demonstration projects or public art opportunities that use recycled materials to highlight the advantages and provide visibility of circular practices and technologies. Collaborate with local businesses, organizations, artists, and  PW/ENV  CBOs
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Community
Partner(s)
institutions to develop and execute these projects, and share the outcomes and insights gained with the broader community to foster learning and awareness.

Strategy RES-2: Promote responsible organic and inorganic waste management and reduction practices.

Key Indicators
By 2035:
 75% of waste is diverted from landfills
RES-2-A
Continue to ensure compliance with SB 1383 by diverting organic waste away from landfills. In coordination with Republic Services, ensure all customers are subscribed to the appropriate level of service and that audits are completed and enforced on the appropriate schedule.  PW/ENV
 Republic
Services
RES-2-B Launch an annual neighborhood cleanup and waste reduction challenge to engage residents in community beautification and waste reduction efforts.  PW/ENV
 CD/CP
 N/A
RES-2-C
In alignment with state goals, adopt a zero-waste policy for events requiring City permits that establish guidelines for event organizers, including requirements for compostable or reusable service ware, proper waste sorting stations, and minimizing physical promotional materials. As part of the policy, seek and train volunteers to serve as "zero-waste ambassadors" to assist with waste sorting and education at events.
 PW/ENV  N/A
Strategy RES-3: Prioritize water-wise practices and
technologies that minimize consumption across the city.

Key Indicators
By 2035:
 10% reduction in water consumption
By 2045:
 20% reduction in water consumption
RES-3-A
Adopt a water neutrality ordinance that requires new development—or other changes within the service area that will require a new water service or will increase water demand above the existing demand level—to offset the projected water demand with water efficiency, conservation, and retrofit measures to create a net neutral impact on overall water demand.  CD/P&H
 PW/ENG
 N/A
RES-3-B
Work with local and regional partners to promote and expand existing programs and initiatives that promote residential water conservation, such as BAWSCA's Rain Barrel Rebate Program, and ACWD's free water conservation kits and free leak kits, among others. With these partners, track and develop strategies to increase the number of residents who take advantage of the existing programs and initiatives.
 PW/ENV
 CMO
 ACWD
 BAWSCA
RES-3-C In collaboration with ACWD, explore the development of water use efficiency program opportunities and implement, where feasible.
 PW/ENV
 CD/P&H
 ACWD
RES-3-D
Support and coordinate with ACWD to expand potable water reuse options across the city, which may include assisting with the assessment of regulatory, technical, and financial considerations for implementing these options.
 PW/ENG
 PW/ENV
 ACWD
Notes: ACWD = Alameda County Water District; BAWSCA = Bay Area Water Supply & Conservation Agency; CBOs = community-based organizations; CD/CP = Community Development, Community Preservation; CD/ED = Community Development, Economic Development; CD/P&H = Community Development, Planning and Housing; CMO = City Manager’s Office; N/A = not applicable; PW/ENG = Public Works, Engineering; PW/ENV = Public Works, Environmental Services; SB = Senate Bill Source: Compiled by Ascent in 2025.

Newark CAP Update: Gap Analysis Memo
May 8, 2025

2.4 NATURE-BASED SOLUTIONS & URBAN GREENING (NBS)
Table 5 NBS Strategies and Actions
Action # Action Implementing
Department(s)
Implementing
Partner(s)
Strategy NBS-1: Maintain and expand the city’s urban tree canopy.

Key Indicators
By 2035:
 30% of priority landscapes receive tree canopy
By 2045:
 50% of priority landscapes receive tree canopy
NBS-1-A
Prepare and adopt an urban forest master plan that emphasizes sustainable maintenance and expansion of the tree canopy on City-owned land and considers strategies for expansions on private and other public land in the city. Upon adoption, begin implementing plan recommendations and priority projects, and additionally, ensure that implementation and progress is monitored and assessed over time.
 RCS
 PW/ENV
 CD/P&H
 N/A
NBS-1-B
Develop a free residential street tree program that builds upon the initial pilot program. As part of the program: (1) Develop recommended street tree list; (2) establish formal eligibility criteria and implementation processes; (3) partner with local nurseries and tree suppliers; and (4) provide educational resources to participants on proper tree planting and maintenance.  RCS
 PW/ENV
 UFF
NBS-1-C
Foster a sense of community ownership, engagement, and stewardship of the city's urban forest by developing and implementing a tree adoption program, where residents and local businesses can sponsor and be recognized (e.g., through on-site signage/plaques, as well as the City's website and social media platforms) for the planting and maintenance of trees in public spaces.

Offer a variety of sponsorship levels and options (e.g., single tree, group of trees, entire planting area), where sponsorship fees can cover both: (1) the costs of purchasing, planting, and maintaining the trees for a specified period (e.g., 3-5 years); and (2) a dedicated endowment fund, where a portion of the sponsorship fees can be reinvested to support long-term program maintenance.
 RCS
 PW/ENV
 CD/ED
 CD/P&H
 N/A
NBS-1-D
Continue to maintain the city's consecutive multi-decade status as a Tree City USA® recognized community, which can be upheld by meeting four core standards: (1) forming and maintaining a tree board or department; (2) establishing a tree care ordinance; (3) maintaining a community forestry program with an annual budget of at least two dollars per capita; and (4) observing and celebrating Arbor Day. Tree City USA® is a program led by ADF that celebrates towns and cities committed to growing their urban tree canopy.
 PW/ENV
 PW/M
 ADF
NBS-1-E
Continue to partner with UFF to promote their events, which focus on tree planting, tree care, and related community outreach and education in the tri-city area (i.e., Newark, Fremont, Union City).
 CMO  UFF
Strategy NBS-2: Integrate green stormwater infrastructure throughout the city.

Key Indicators
N/A
NBS-2-A Continue to track and report the implementation of the City’s Green Stormwater Infrastructure Plan, in accordance with Safety Element Action SAF-4.H.  PW/ENG
 PW/ENV
 N/A
NBS-2-B
Collaborate with NUSD and local private schools to transform schoolyards into green spaces by incorporating green stormwater infrastructure elements and utilizing the green spaces as outdoor learning laboratories for environmental education. Engage students, teachers, and parents in the design and maintenance process through partnerships with ACOE and CBOs.  PW/ENV
 NUSD
 ACOE
 CBOs
Strategy NBS-3: Protect, restore, and enhance natural areas, wetlands, and ecosystems.

Key Indicators
 N/A
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
NBS-3-A
Establish a City-led task force composed of residents and interested stakeholders to develop a shared vision and to identify and evaluate potential policies and measures that the City may formally adopt to balance current and future housing needs with the long-term protection and restoration of the city's wetlands (i.e., Area 4).
 CMO
 CD/P&H
 N/A
NBS-3-B
Develop a plan for managing and restoring the city's wetlands. Collaborate with USFWS, BCDC, and other partners to ensure the plan aligns with regional conservation goals and includes provisions for addressing sea-level rise and climate change impacts.  CMO
 CD/P&H
 PW/ENV
 USFWS
 BCDC
Strategy NBS-4: Promote sustainable landscaping practices that support native vegetation and pollinator habitats.

Key Indicators
N/A
NBS-4-A
To support local pollinator populations, enhance urban biodiversity and climate resilience, and improve the city's aesthetic appeal, develop and implement a plan to establish a network of pollinator habitat corridors across the city, connecting existing green spaces and creating new habitats for pollinators by utilizing public spaces, rights-of-way, and participating private properties. Plan implementation can also include the installation of interpretive signage along the corridors to educate the public about pollinators and native plants, including the role of Newark and the Bay Area in the migration trail of the threatened Western Monarch butterfly species.
 PW/ENV
 CMO
 N/A
NBS-4-B
Partner with BAWSCA and ACWD to promote and expand the Lawn Be Gone Rebate Program, where customers can receive a rebate of two dollars per square foot for removing their grass lawns and installing native, water-efficient landscapes.  CMO
 PW/ENV
 BAWSCA
 ACWD
NBS-4-C
Promote StopWaste's existing resources, such as the Bay-Friendly Gardening Guide: From Your Backyard to the Bay, Now That Your Lawn is Gone Maintenance Guide, and others, that include information and guidance on sustainable landscape design, native plant selection, soil health management, and integrated pest management practices.
 CMO
 PW/ENV
 StopWaste
Notes: ACOE = Alameda County Office of Education; ACWD = Alameda County Water District; ADF = Arbor Day Foundation; BAWSCA = Bay Area Water Supply & Conservation Agency; BCDC = San Francico Bay Conservation and Development Commission; CBOs = community-based organizations; CD/ED = Community Development, Economic Development; CD/P&H = Community Development, Planning and Housing; CMO = City Manager’s Office; N/A = not applicable; NUSD = Newark Unified School District; PW/ENG = Public Works, Engineering; PW/ENV = Public Works, Environmental Services; PW/M = Public Works, Maintenance; RCS = Recreation and Community Services; UFF = Urban Forest Friends; USFWS = U.S. Fish and Wildlife Service.

Source: Compiled by Ascent in 2025.

2.5 COMMUNITY CAPACITY & RESILIENCE (COM)
Table 6 COM Strategies and Actions
Action # Action Implementing
Department(s)
Implementing
Partner(s)
Strategy COM-1: Improve climate and emergency
preparedness.

Key Indicators
N/A
COM-1-A
Adopt an ordinance for post-disaster recovery and reconstruction that includes provisions for debris clearance, damage assessment, demolitions, re-occupancy and building moratorium criteria, fee waivers and deferrals, and expedited permitting procedures for repair and reconstruction.
 CMO
 PW/BI
 AC OES
COM-1-B Continue partnering with ACFD to offer CERT training and other personal emergency and disaster preparedness trainings, and additionally, expand training opportunities to directly  CMO  ACFD
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
address community and neighborhood-level preparedness for climate impacts. Develop and implement measures to increase training awareness and participation.

COM-1-C
Partner with BayREN and local contractors to establish a climate-ready home assessment program that is intended to help homeowners and renters make their residences more resilient through subsidized assessments and retrofits. Through the program, trained assessors will evaluate properties for climate-related vulnerabilities and residents will receive a customized report with recommended improvements, potential cost savings, and applicable funding opportunities.
 CMO
 CD/P&H
 BayREN
COM-1-D
Develop a local, resident- and business-focused climate resilience toolkit that consolidates and builds upon existing local and regional materials, partnering with AC OES, ABAG, local businesses, and CBOs. All toolkit materials should be available in multiple languages and include specific considerations for those who may be more vulnerable (e.g., children, individuals with access and functional needs), along with general guidance on keeping one’s home or business safe when faced with climate stressors.
 CMO
 AC OES
 ABAG
 CBOs
COM-1-E Develop and implement strategies to expand the reach of AC Alert, the mass notification system used by cities throughout Alameda County to rapidly spread emergency alerts.  CMO  AC OES
Strategy COM-2: Reduce exposure to extreme heat and
mitigate the urban heat island effect.

Key Indicators
N/A
COM-2-A
Establish official criteria and guidelines for the opening and operation of cooling centers within city boundaries, with an emphasis on equity and accessibility through flexible dates and hours, a variety of high priority locations throughout the city, and transportation considerations.

Cooling centers may include both City and non-City facilities (e.g., schools). For facilities that are not directly under the City's purview but fall within city boundaries, establish contingency agreements to facilitate the opening and operation of these facilities as temporary cooling centers during periods of extreme heat, as defined by the established criteria and guidelines.  CMO
 RCS
 N/A
COM-2-B
Evaluate and consider establishing requirements for the use of heat mitigation measures in the public realm, particularly in common community gathering spaces (e.g., playgrounds, parks) and along transit corridors. Requirements may include the incorporation of: (1) building design features (e.g., varied building heights; setbacks from sidewalks; vertical and horizontal shade features); (2) cooling materials, treatments, and coatings (e.g., for rooftops); (3) multiple layers of shading to maximize coverage throughout the day; (4) street trees and landscaping; and (5) public amenities, such as drinking fountains and water mister/spray areas; among others.  PW/BI
 PW/ENG
 PW/ENV
 PW/M
 RCS
 N/A
COM-2-C
In coordination with AC Library, AC OES, and community volunteers (e.g., Newark Community Emergency Response Team), establish the Newark Library as a permanent community resilience center that can serve as a resource and gathering place during extreme heat events and other emergencies. Seek grant funding from the Strategic Growth Council, BayREN, or other sources.  CMO
 AC Library
 AC OES
COM-2-D
With each triennial building code update, evaluate the City's existing design guidelines and standards to further promote building materials and site design techniques that provide passive cooling and reduce energy demand. Upon completion of the evaluation and if needed, develop and propose appropriate updates to be reviewed, tailored, and adopted by the Planning Commission and City Council.
 PW/BI  N/A
COM-2-E
Establish a program to assist and incentivize residential and nonresidential building owners in retrofitting existing buildings with cool roofs or green roofs, underscoring the array of cobenefits they have to offer aside from mitigating the urban heat island effect, such as reduced energy costs. As part of the program, consider developing guidelines and linking to an array of external resources for proper maintenance. This action supports implementation of the City’s Housing Element Program 6.3, under which the City would amend the building ordinance to  PW/BI  N/A
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
require buildings to exceed Title 24 standards by installing cool roofs for all new or replacement roofs,
COM-2-F
Establish a pilot program to install cool (i.e., high albedo) pavement in select neighborhoods, partnering with technical expertise on cool pavement materials and performance monitoring, and additionally, with ACPHD to identify heat-vulnerable populations and prioritize project locations. Assuming program success and community buy-in, develop a plan to gradually expand cool pavement installation across the city, prioritizing areas with high pedestrian activity, low tree canopy, and relatively lower flood risk (i.e., areas where permeable pavement may be more appropriate).
 PW/ENG  ACPHD
Strategy COM-3: Bolster protection for sea level rise and flooding.

Key Indicators
N/A
COM-3-A
Adopt a local sea level rise adaptation plan to help build resilience to permanent coastal inundation and temporary coastal flooding. Upon adoption, begin implementing plan recommendations and priority projects, and additionally, ensure that implementation and progress is monitored and assessed over time.
 PW/ENV  N/A
COM-3-B
Partner with Adopt-a-Drain to implement a local storm drain adoption program, which will engage residents to "adopt" storm drains, keep them clear of debris, and report any issues to the City. The program will include an educational component about the importance of proper stormwater management, including safety guidance, and additionally, will inspire stewardship, community ownership, and behavior change to prevent runoff pollution and reduce localized flooding.
 PW/ENG
 PW/ENV
 Adopt-aDrain
COM-3-C
Evaluate the need for more stringent minimum standards for flood protection and resilience, notably for new construction and major renovations. Specific considerations should include floor elevations, flood-resistant materials, and improved drainage systems (among others), and additionally, potential incentives for exceeding minimum standards. Depending on the outcomes of the evaluation, update the Municipal Code to incorporate new standards.  PW/BI
 PW/ENV
 N/A
Strategy COM-4: Build a more sustainable food system and increase local food security.

Key Indicators
N/A
COM-4-A
Adopt an ordinance that clearly defines, permits, and encourages various forms of urban agriculture within the city, such as community gardens, rooftop gardens, backyard chicken keeping, and small-scale commercial urban farms. The ordinance would update zoning regulations, as needed, to explicitly allow agricultural activities in residential, commercial, and mixed-use zones, setting clear guidelines for permissible practices.  CD/P&H  N/A
COM-4-B
In partnership with local CBOs and where allowed by local ordinance, create and manage a network of community gardens and fruit trees throughout the city, which would involve identifying suitable public spaces, such as vacant lots or underutilized park areas, and transforming them into productive garden or fruit tree plots. Additionally, the network can be promoted to draw local volunteers to serve as garden stewards and foster a sense of community ownership. All food grown at the community gardens can be donated to local food pantries.
 RCS
 PW/ENV
 CBOs
COM-4-C
Launch a multilingual outreach and education campaign focused on urban agriculture and sustainable food production, offering a series of workshops, classes, and hands-on training sessions covering related topics (e.g., container gardening, seasonal planting, caring of private fruit trees, organic pest management).
 CMO
 RCS
 CBOs
COM-4-D
Partnering with local CBOs, organize regularly recurring community "food swap" events where residents can exchange homemade, homegrown, or foraged foods with each other to reduce food waste and foster a sense of community connectivity.  CMO
 RCS
 CBOs
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
COM-4-E
Partner with NUSD and local private schools to further integrate food education and local food sourcing into curricula and/or voluntary extra-curricular activities (e.g., gardening clubs). The initiative will establish gardens at each school site and provide curriculum resources for teachers, and additionally, would encourage regular "taste tests" as a form of student engagement to help promote acceptance and enthusiasm for healthy, locally grown foods.  CMO
 RCS
 NUSD
Strategy COM-5: Create a local economy that prioritizes green businesses.

Key Indicators
N/A
COM-5-A
Promote strategies to encourage local businesses to meet the requirements for and get certified by the California Green Business Network, which may include local incentives or benefits (e.g., promotional support from the City).
 CD/ED
 Green
Business
Network
COM-5-B
Promote green tenant leasing practices for commercial businesses to align tenant and landlord co-benefits, utilizing best practices such as those identified in the Green Tenant Toolkit developed by the Business Council on Climate Change.
 CD/ED  N/A
COM-5-C
Partner with CBOs and businesses to develop and implement targeted outreach campaigns that raise awareness of green business products and services available to residents, emphasizing the benefits of sustainable consumption and accessibility of local green options.

To support outreach, multilingual materials will be created to inform residents of where they can purchase sustainable products and services and access related information.  CD/ED
 PW/ENV
 CBOs
 Businesses
Strategy COM-6: Provide education and outreach opportunities to help support CAN awareness and implementation.

Key Indicators
N/A
COM-6-A
Develop an education and outreach program that will help spread awareness and support implementation of each of the strategies and actions included in CAN. The program may identify or include both broad topics (e.g., water conservation, circular economy) and tailored engagement opportunities that are specific to each strategy and/or action. Additionally, the program will engage and/or partner with a diverse range of local stakeholders (e.g., residents, businesses, schools, CBOs).
 CMO
 PW/ENV
 CBOs
 Businesses
Notes: ABAG = Association of Bay Area Governments; AC Library = Alameda County Library; AC OES = Alameda County Office of Emergency Services; ACFD = Alameda County Fire Department; ACPHD = Alameda County Public Health Department; BayREN = Bay Area Regional Energy Network; CAN = Climate Action Newark; CBOs = community-based organizations; CD/CP = Community Development, Community Preservation; CD/ED = Community Development, Economic Development; CD/P&H = Community Development, Planning and Housing; CERT = Community Emergency Response Team; CMO = City Manager’s Office; N/A = not applicable; NUSD = Newark Unified School District; PW/BI = Public Works, Building Inspection; PW/ENG = Public Works, Engineering, PW/ENV = Public Works, Environmental Services; PW/M = Public Works, Maintenance; RCS = Recreation and Community Services
Source: Compiled by Ascent in 2025.

2.6 MUNICIPAL OPERATIONS (MUN)
Table 7 MUN Strategies and Actions
Action # Action Implementing
Department(s)
Implementing
Partner(s)
Strategy MUN-1: Reduce emissions from municipal buildings and facilities.

Key Indicators
By 2027:
 100% of new municipal buildings and facilities are all electric MUN-1-A Adopt a policy requiring new municipal buildings and facilities to be all-electric, starting in 2027  PW/BI  N/A Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
MUN-1-B
Develop and implement a roadmap outlining the necessary steps and timeline for electrifying existing municipal buildings and facilities, including a detailed inventory of current building systems, and a prioritized list of buildings for electrification based on factors such as age of equipment, energy use intensity, and necessary electrification measures. The roadmap should also include cost estimates, potential funding sources, and projected energy savings and GHG emissions reductions for each project.
 PW/BI
 PW/M
 N/A
MUN-1-C
Launch an initiative to install solar carports and battery storage systems at existing municipal parking lots to transform them into dual-purpose spaces that provide shade and generate/store clean energy. This would involve identifying suitable locations within parking lots, designing appropriate carport structures, complying with existing standards identified in the Municipal Code, and integrating EV charging stations, where feasible.  PW/M  N/A
MUN-1-D Participate in Ava's Resilient Facilities Program to reduce the cost and complexity associated with developing solar microgrid and battery backup installations for municipal operations.  PW/M  Ava
MUN-1-E
Develop and adopt a green building policy requiring all new municipal buildings to meet or exceed LEED Gold certification standards, establishing requirements for energy-efficient design, renewable energy integration, water conservation, and sustainable materials use.  CMO
 PW/BI
 PW/M
 N/A
MUN-1-F
Install a building energy management system (BEMS) in all municipal buildings and facilities that provides real-time monitoring and control of energy usage, allowing for optimization of heating, cooling, and lighting systems. Each BEMS will include smart sensors, automated controls, and data analytics capabilities to identify energy-saving opportunities, and implementation will involve a phased approach, starting with the largest energy-consuming buildings and facilities and gradually expanding to all facilities.  PW/BI
 PW/M
 N/A
Strategy MUN-2: Minimize vehicle miles traveled for City employees.

Key Indicators
N/A
MUN-2-A
Explore the establishment of pre-tax fringe benefits (among other benefits) that encourage alternative forms of commuting other than driving alone, such as participating in AC Transit's EasyPass program, which would provide unlimited AC Transit bus passes to City employees.  CMO  AC Transit
MUN-2-B
Conduct a review of municipal buildings and facilities to identify opportunities to increase amenities that encourage biking, such as bicycle parking/storage, shelters, end-of-trip facilities (e.g., repair stands, bicycle wash stations, showers, locker rooms), and electric bicycle charging infrastructure.
 CMO
 PW/ENV
 N/A
Strategy MUN-3: Shift to clean municipal on-road and off-road vehicles and equipment.

Key Indicators
N/A
MUN-3-A
Establish and implement a plan to: (1) transition the municipal vehicle fleet to EVs and other ZEVs; and (2) scale up and provide ongoing maintenance for the infrastructure required to support a full ZEV fleet (e.g., deployment of EV charging stations at appropriate locations).  CMO
 PW/M
 N/A
MUN-3-B
Establish an incentive program for contractors working on City projects to use low- or zeroemission off-road vehicles and equipment (e.g., landscaping, construction), which will offer a tiered incentive structure, with higher incentives for using zero-emission equipment. Incentives could include bid preferences, contract bonuses, or other direct financial incentives. The program may also include a recognition component where contractors who consistently use clean equipment are highlighted in City publications or at City events.  CMO
 PW/M
 N/A
Strategy MUN-4: Reduce municipal water use.

Key Indicators
By 2028:
 100% conversion of irrigated nonfunctional turfgrass
Newark CAP Update: Gap Analysis Memo
May 8, 2025

Action # Action Implementing
Department(s)
Implementing
Partner(s)
MUN-4-A
Continue phasing out the irrigation of nonfunctional turfgrass with potable water on municipal property through means such as replacing water-intensive landscaping with native, droughttolerant plants and/or permeable hardscaping. Ensure full compliance with AB 1572 by 2028.  PW/M  N/A
MUN-4-B
Develop a water-efficient vehicle washing policy for all municipal vehicles that requires the use of water-saving techniques, such as high pressure, low-flow nozzles, and the capture and reuse of recycled water where feasible.
 CMO
 PW/M
 N/A
MUN-4-C
Upgrade all municipal irrigation systems to smart, weather-based systems that use real-time weather data and soil moisture sensors to optimize watering schedules and reduce overwatering, and additionally, develop a maintenance and monitoring program to ensure long-term efficiency.
 PW/M  N/A
MUN-4-D
Conduct periodic water use audits for all municipal buildings and facilities, which will help to identify leaks, inefficient fixtures, and opportunities for water reuse. Based on annual audit results, develop a list of water-saving upgrades and needed operational changes.  PW/M  N/A
Strategy MUN-5: Practice sustainable waste management for municipal operations.

Key Indicators
N/A
MUN-5-A
Conduct a review of existing municipal operational practices to identify and implement practices to avoid waste generation, which may be accompanied by training for City employees to maximize avoidance of waste generation and conducting periodic waste audits to measure the success of existing efforts and inform potential changes to policies and procedures, as necessary.
 PW/M  N/A
MUN-5-B
Increase recycling and organic waste diversion at all municipal buildings and facilities by inventorying and identifying needs for additional recycling and food waste bins and appropriate signage to inform and educate employees and the public on proper waste disposal and recycling.
 PW/M  N/A
Strategy MUN-6: Protect municipal assets from climate hazards.

Key Indicators
N/A
MUN-6-A
Conduct a comprehensive climate change vulnerability assessment specific to municipal assets and planned capital projects, and based on findings, develop a prioritized list of municipal assets requiring climate adaptation interventions.
 PW/CIP
 PW/ENG
 PW/ENV
 N/A
MUN-6-B
Retrofit existing municipal buildings and facilities to improve their resilience to climate hazards (e.g., extreme heat, flooding). Determine and implement solutions that are feasible and tailored for each building or facility (e.g., extreme heat measures may include installing cool/green roofs, enhancing insulation, and incorporating additional passive cooling design elements; floodproofing measures may include elevating critical systems, installing flood barriers, or incorporating flood-resistant materials).
 PW/M  N/A
MUN-6-C
Develop a policy mandating the consideration of future climate projections in capital projects that includes a checklist of resilience measures to be considered for different types of projects (e.g., street and park construction and rehabilitation projects, construction and/or repairs to municipal facilities, major equipment replacement purchases).  CMO
 PW/CIP
 N/A
Notes: AB = Assembly Bill; AC Transit = Alameda-Contra Costa Transit District; Ava = Ava Community Energy; CMO = City Manager’s Office; GHG = greenhouse gas; EV = electric vehicle; N/A = not applicable; PW/BI = Public Works, Building Inspection; PW/CIP = Public Works, Capital Improvement Program; PW/ENV = Public Works, Environmental Services; PW/M = Public Works, Maintenance; ZEV = zero-emission vehicle.

Source: Compiled by Ascent in 2025.

Newark CAP Update: Gap Analysis Memo
May 8, 2025

3 GREENHOUSE GAS EMISSIONS REDUCTIONS SUMMARY
The total estimated GHG emissions reductions from all quantified strategies would be 64,230 MTCO2e in 2035 and 57,050 MTCO2e in 2045. This would result in total GHG emissions of 155,678 MTCO2e in 2035 and 45,139 MTCO2e in 2045. The total estimated reductions from all proposed GHG reduction measures would be sufficient to meet the emissions reduction target set for 2035, but would fall short of the target set for 2045 by 2,251 MTCO2e. Although the 2045 target would not be achieved based on the estimated GHG reductions, the proposed measures would reduce the city’s emissions by nearly 87 percent below what they would have been in 2045, and the 2045 remaining emissions would achieve nearly 96 percent of the Scoping Plan target.

Figure 1 shows the GHG reductions achieved by the proposed measures, organized by the sectors used for the inventories and forecasts (note: the nonresidential and residential building energy sectors have been combined). It demonstrates Newark's emissions with GHG reduction measures and the anticipated achievement of the 2035 target.

Additionally, Newark’s emissions closely approach the 2045 target, despite not meeting it precisely. Due to scale, Figure 1 does not display the 2,251 MTCO2e difference between the city's remaining emissions after strategies and the Scoping Plan target.

Figure 1 Newark Legislative-Adjusted BAU Emissions Forecast with Reductions Anticipated by Proposed GHG Reduction Strategies
Notes: BAU = business-as-usual; GHG = greenhouse gas; MTCO2e = metric tons of carbon dioxide equivalent.

Source: Calculations conducted by Ascent in 2025.
366,465
155,043
47,391
2022 2035 2045
0 100,000
200,000
300,000
400,000
500,000
600,000
MT CO2e
Legislative Reductions from BAU Nature-Based Solutions & Urban Greening (NBS) Responsible Use of Resources (RES) Sustainable On- and Off- Transportation & Land Use (TRANS) Energy Transition & Efficiency (EN) Remaining Emissions after Strategies Scoping Plan Target
Climate
Action Plan
Update
Presented to Newark City Council
June 26, 2025
It is our Mission to Serve and Partner with
our Community to Continually Enhance
the Quality of Life of Everyone in Newark.

We CAN | Climate Action Newark
Project Overview
Objectives, Principles, Schedule
2 We CAN | Climate Action Newark
Project Overview and Objectives
• Comprehensively
update Newark’s
2010 CAP
• Align with State
GHG reduction
targets
• Address climate
mitigation and
adaptation
• Build upon
ongoing City
initiatives
• Engage the
community
• Provide
implementation
direction to staff
3 We CAN | Climate Action Newark
Guiding Principles
4 We CAN | Climate Action Newark
Co-Benefits
5 We CAN | Climate Action Newark
Project Schedule
6 WE ARE HERE
We CAN | Climate Action Newark
Community Engagement
7 We CAN | Climate Action Newark
Community
Engagement
• Workshop #1: September 25,
2024
• Project Website Launched:

February 17, 2025
• Workshop #2: April 17, 2025
8 We CAN | Climate Action Newark
Climate Mitigation
Reducing greenhouse gas emissions
9 We CAN | Climate Action Newark
Climate Mitigation Process
• 2022 communitywide inventory
• Emissions forecasts through 2045
• Newark-specific reduction targets in alignment with Stateadopted targets • New strategies and actions to reduce emissions and achieve targets
10 Recap of GHG
Reduction Targets
Newark’s fair share of statewide
targets, based on 2022 GHG
inventory
• 2035: 58% below 2022 levels
• 2045: 88% below 2022 levels
11 We CAN | Climate Action Newark
“Gap” Between Legislative Reductions and Targets
Year
GHG Emissions (MTCO2e)
Emissions After
Legislation
Target
Emissions
Remaining
Emissions to
Reduce
2035 219,273 155,678 63,595
2045 104,440 45,139 59,301
12 The “gap” between
estimated emissions and
Newark’s GHG reduction
targets.

Estimated emissions after
accounting for state and
federal legislation.

We CAN | Climate Action Newark
Strategy and Action Framework
13 • Focus Areas: common themes found throughout all strategies that encompass the emissions sectors
• Strategies: overarching categories for reducing emissions and adapting to climate change
• Actions: Tangible steps the City will take to implement strategies We CAN | Climate Action Newark
Focus Areas
• Energy Transition and Efficiency
• Sustainable On- and Off-Road Transportation and Land Use • Responsible Use of Resources
• Nature-Based Solutions and Urban Greening
• Community Capacity and Resilience
• Municipal Operations
14 We CAN | Climate Action Newark
Energy Transition & Efficiency (EN)
Strategies
• EN-1: Electrify and
decarbonize the
city’s building stock.
• EN-2: Expand clean
energy generation
and use.
• EN-3: Promote
energy efficiency
and reduce energy
consumption.

Key Indicators
• Percent of existing
buildings fully
electrified
• Percent of carbonfree electricity use
15 We CAN | Climate Action Newark
Sustainable On- and Off-Road Transportation & Land Use (TR) Strategies
• TR-1: Make active
transportation the
preferred method of
getting around,
where feasible.
• TR-2: Increase the
safety, accessibility,
and reliability of
public transit.
• TR-3: Expand and
encourage shared
mobility options.

Key Indicators
• Increase in transit
service miles/hours
• Increase in transit
service frequency
16 We CAN | Climate Action Newark
Sustainable On- and Off-Road Transportation & Land Use (TR) (cont.)
Strategies
• TR-4: Accelerate the
adoption of zeroemission vehicles.
• TR-5: Prioritize
sustainable land use
by increasing
residential density,
supporting a diversity
of land uses, and
implementing
transportation
demand
management
strategies.
• TR-6: Reduce emissions
associated with offroad transportation
and equipment.

Key Indicators
• Percent of vehicles that
are EVs or PHEVs
• Percent of employers
participating in
transportation demand
management programs
• Percent of zero-emission
construction equipment
• Percent of zero-emission
landscaping equipment
17 We CAN | Climate Action Newark
Responsible Use of Resources (RES)
Strategies
• RES-1: Expand the
practice of circular
economy principles that
promote the reuse,
repair, and recycling of
goods and materials.
• RES-2: Promote
responsible organic and
inorganic waste
management and
reduction practices.
• RES-3: Prioritize waterwise practices and
technologies that
minimize consumption
across the city.

Key Indicators
• Percent of waste
diverted from landfills
• Percent reduction in
water consumption
18 We CAN | Climate Action Newark
Nature-Based Solutions & Urban Greening (NBS)
Strategies
• NBS-1: Maintain and
expand the city’s urban
tree canopy.
• NBS-2: Integrate green
stormwater infrastructure
throughout the city.
• NBS-3: Protect, restore,
and enhance natural
areas, wetlands, and
ecosystems.
• NBS-4: Promote
sustainable landscaping
practices that support
native vegetation and
pollinator habitats.

Key Indicators
• Percent of priority
landscapes with tree
canopy
• Acres of protected or
restored habitat
19 We CAN | Climate Action Newark
Community Capacity & Resilience (COM)
Strategies
• COM-1: Improve
climate and
emergency
preparedness.
• COM-2: Reduce
exposure to extreme
heat and mitigate the
urban heat island
effect.
• COM-3: Bolster
protection for sea level
rise and flooding.

Strategies (cont.)
• COM-4: Build a more
sustainable food
system and increase
local food security.
• COM-5: Create a local
economy that
prioritizes green
businesses.
• COM-6: Provide
education and
outreach opportunities
to help support CAN
awareness and
implementation.
20 We CAN | Climate Action Newark
Municipal Operations (MUN)
Strategies
• MUN-1: Reduce
emissions from
municipal buildings
and facilities.
• MUN-2: Minimize
vehicle miles
traveled for City
employees.
• MUN-3: Shift to clean
municipal on-road
and off-road vehicles
and equipment.

Strategies (cont.)
• MUN-4: Reduce
municipal water use.
• MUN-5: Practice
sustainable waste
management for
municipal operations.
• MUN-6: Protect
municipal assets from
climate hazards.
21 We CAN | Climate Action Newark
Estimated Emissions Reductions
There are 28 strategies and 95
actions.

Of these, four strategies are
responsible for 91% of emissions
reductions.
22 We CAN | Climate Action Newark
Emissions Reductions from Legislation and CAN Strategies 23 We CAN | Climate Action Newark
Next Steps
• CAN will be released for public
review.
• Staff will develop an
implementation plan for nearterm strategies and actions. • Staff will bring back final CAN
and implementation plan for City
Council adoption.
24 We CAN | Climate Action Newark
Thank You
25 Item  F. 2.

DATE 06/26/2025
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    Adopt a resolution designating the Measure GG Oversight Committee to review the expenditures of revenue from the Transient Occupancy Tax pursuant to Ordinance No. 553 and approving the Mayor’s appointments to the Measure GG Oversight Committee
SUMMARY AND RECOMMENDATION
On November 5, 2024, Newark voters approved Measure LL, increasing the Transient Occupancy Tax (TOT) rate from 10% to 14%. An independent community oversight committee must be established to ensure public accountability in the use of the new tax revenue. Therefore, staff recommends that the City Council consider adopting a resolution:

Designating the Measure GG Oversight Committee to review the expenditures of revenues from the transient occupancy tax (Measure LL) in accordance with Ordinance No. 553; and

1. Appointing the existing and newly appointed Measure GG Oversight Committee members.

2. BACKGROUND
Ordinance No. 553 codified the voter-approved Transient Occupancy Tax (TOT) rate increase from 10% to 14% commonly referred to as Measure LL. The ordinance directs City Council to establish an independent community oversight committee by July 1, 2025, to ensure public accountability in the use of the new tax revenue.

Pursuant to Section 3.16.160 of the Newark Municipal Code, this committee must be appointed by the Mayor and confirmed by the City Council. Committee duties include reviewing TOT revenues and expenditures and ensuring funds are spent in alignment with voter-approved priorities such as public safety, infrastructure, emergency response, and recreation.

The existing Measure GG Oversight Committee, established to oversee the one-half percent transactions and use tax (sales tax) revenues, serves a similar fiscal oversight role and meets annually with support from the Finance Director and City Clerk's Office.

DISCUSSION/ANALYSIS
The City currently has three vacancies on the Measure GG Oversight Committee. Two of the terms expire on April 12, 2026 (Elizabeth Macris and Jacinta Arteaga resigned) and one term expired on April 12, 2025 (Roy Patrick Pereira did not seek reappointment).

After a recruitment process initiated by the City Clerk’s Office, applications were received from Hemant Malhotra, Jason Miguel, Olga Borjon, Daniel Cardenas, Taranjit Singh Gujral, Lucia Gutierrez, Vinod Kumar, Nadia Dhillon, and Joanne Rodrigues.

The applicants were interviewed by the Mayor, and the Mayor selected Vinod Kumar and Daniel Cardenas for the terms that expire on April 12, 2026, and Taranjit Singh Gujral for the term that expires on April 12, 2029.

To promote efficiency, maintain continuity, and fulfill the legal requirements under Measure LL, staff recommend that the existing Measure GG Oversight Committee increase its functions and duties to perform the necessary oversight required by Measure LL. This model streamlines governance, eliminates the need for a separate application process, and supports strong alignment across both oversight functions.

This approach was discussed and recommended through interdepartmental coordination involving the City Manager, City Attorney, City Clerk, and Finance Director. In addition:

Committee meetings will continue to be scheduled annually, ideally between March and April, to align with audit and reporting timelines; Meetings will continue to be staffed by the Finance Director or designee; Separate agenda items will be presented for each measure to ensure transparency in discussion and reporting.

These increased obligations of one singular oversight committee mirror best practices in municipal financial governance and support Newark’s commitment to fiscal transparency and resident engagement.

FISCAL IMPACT
There is no fiscal impact associated with this action. All administrative and liaison responsibilities will be performed using existing staff resources.

REVIEW AND APPROVAL
Prepared by -- Krysten Lee, Finance Director
Reviewed by - Sheila Harrington, City Clerk
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution - Measure GG Oversight Committee Revised Duties RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK DESIGNATING THE MEASURE GG OVERSIGHT

COMMITTEE TO REVIEW THE EXPENDITURES OF

REVENUE FROM THE TRANSIENT OCCUPANCY TAX
PURSUANT TO ORDINANCE NO. 553 AND APPROVING THE
MAYOR’S APPOINTMENTS TO THE MEASURE GG

OVERSIGHT COMMITTEE
WHEREAS, on November 5, 2024, the voters of the City of Newark approved Measure LL, increasing the Transient Occupancy Tax (TOT) rate from 10% to 14%; and WHEREAS, Ordinance No. 553, codifying the voter-approved TOT increase, requires the establishment of an independent community oversight committee by July 1, 2025, to ensure transparency and accountability in the use of Measure LL revenues; and WHEREAS, Section 3.16.160 of the Newark Municipal Code provides that members of the oversight committee shall be appointed by the Mayor and confirmed by the City Council; and WHEREAS, the City has an existing Measure GG Oversight Committee (the Committee) to review the expenditure of the revenue from the Measure GG transactions and use tax codified in Newark Municipal Code Chapter 3.14; and
WHEREAS, the City Council wishes to have the Committee perform the necessary independent citizens oversight required by Measure LL as codified in Newark Municipal Code Chapter 3.16; and
WHEREAS, these duties include reviewing the revenue and expenditure from Measure LL; and
WHEREAS, the City Clerk’s Office conducted a recruitment process to fill three vacancies on the Committee and applications from Hemant Malhotra, Jason Miguel, Olga Borjon, Daniel Cardenas, Taranjit Singh Gujral, Lucia Gutierrez, Vinod Kumar, Nadia Dhillon, and Joanne Rodrigues, were reviewed and interviews conducted by the Mayor; and WHEREAS, the Mayor has appointed Vinod Kumar and Daniel Cardenas to the Committee for terms expiring on April 12, 2026, and Taranjit Singh Gujral to the Committee for a term that expires on April 12, 2029; and
WHEREAS, the Committee will perform the necessary independent community oversight required by both Measure GG and Measure LL to ensure consistency, efficiency, and strong alignment of oversight duties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The City Council hereby modifies the duties of the Committee to include the necessary independent community oversight required by Measure LL pursuant to Ordinance No. 553 and Newark Municipal Code Section 3.16.160.

2. The City Council approves the Mayor’s appointments of Vinod Kumar and Daniel Cardenas for terms expiring on April 12, 2026, and Taranjit Singh Gujral for a term that expires on April 12, 2029, to the Committee.

3. The Committee shall continue to hold annual meetings staffed by the Finance Director or designee.

4. The Committee, with the assistance of the Finance Director or designee, is authorized to amend the Measure GG bylaws to reflect the additional duties and as otherwise necessary to conform to this Resolution.

5. This Resolution shall take effect immediately upon its adoption.

Item  F. 3.

DATE 06/26/2025
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT    Adopt resolutions approving: 1) The Memorandum of Understanding with the Newark Association of Miscellaneous Employees; 2) The Memorandum of Understanding with the
Newark Police Association; 3) The Compensation and Benefit Plan for the Confidential Employee Group; 4) The Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group; and 5) An amendment to the City’s salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5
SUMMARY AND RECOMMENDATION
The current memoranda of understanding (MOUs) with the Newark Association of Miscellaneous Employees (NAME) and the Newark Police Association (NPA) expire on June 30, 2022. City representatives met and conferred in good faith with the representatives of NAME and NPA and have reached tentative agreements for successor MOUs as further outlined below. Staff recommends City Council approval of resolutions approving the memoranda of understanding.

Additionally, staff recommends approval of resolutions approving revised compensation and benefit plans  (CBPs) for employees subject to the CBPs for the Management, Supervisory, and Professional Employee Group (MSPEG) and the Confidential Employee Group (CEG) as further outlined below.

Finally, staff recommends adopting a resolution to amend the City’s Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5 to include the salary adjustments provided for in the aforementioned MOUs and CBPs and the City Manager Employment Agreement.

BACKGROUND
The City is a party to two existing MOUs with NAME and NPA, respectively. The NAME MOU covers the period of July 1, 2022 through June 30, 2025. The NPA MOU covers the period of July 1, 2019 through June 30, 2025. In advance of the expiration of the existing MOUs, staff has been negotiating in good faith for successor MOUs with both NAME and NPA. The City has reached tentative agreements on matters related to wages, hours, and other terms and conditions of employment with NAME and NPA, consistent with authority provided by City Council.

Concurrently with negotiations, staff analyzed the existing MSPEG and CEG CBPs and recommends revisions to those plans.

DISCUSSION/ANALYSIS
Below is a summary of relevant provisions of the proposed MOUs, CBPs, and the amendment to the City’s salary schedule.

NAME MOU:

The City and NAME have been negotiating a successor to the existing MOU over multiple months. The proposed MOU with NAME is for a three-year period from July 1, 2022 through June 30, 2025. The members of NAME ratified the proposed MOU on May 28, 2025 .

The proposed MOU includes the following new significant provisions:

General Salary Increase and Other Compensation:
•    An adjustment to classifications that are at least two cents below a five percent increase from the previous step in order to attain a five percent differential between the salary steps.
•    A four percent (4.0%) general salary increase on July 1, 2025, and three and one-half percent (3.5%) salary increases on July 1, 2026 and July 1, 2027 for a cumulative eleven percent (11.0%) general salary increase over the term of the MOU. •    A one-time lump sum payment of $1,000 to each association member and an additional $1,000 payment to association members with 15 or more years of service of as July 1, 2025.

Cafeteria Plan for Medical, Dental, and Vision Insurance:
•    Increases of ten percent (10%) on January 1, 2026, and five percent (5%) on January 1, 2027 and January 1, 2028 to the City’s contributions to each eligible NAME employee’s cafeteria plan for use towards medical, dental and vision insurance, as well as pro-ration of the plan benefits for regular, permanent staff working less than 30 hours per week, an amount equal to the following:

Effective for the 2025 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

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

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
Effective for the 2026 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $513 - $641
Employee + 1 Dependent: $1,025 - $1,281
Employee + 2 or more Dependents: $1,353 - $1,691
Effective for the 2027 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $539 - $673
Employee + 1 Dependent: $1,076- $1,344
Employee + 2 or more Dependents: $1,421 - $1,776
Effective for the 2028 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $566 - $707
Employee + 1 Dependent: $1,130 - $1,412
Employee + 2 or more Dependents: $1,493 - $1,866
Other Miscellaneous Revisions:
•    Unscheduled overtime will now provide four-hour minimum hours of work for all unscheduled overtime (previously three- and four-hour minimums applied depending on the time of day and if the day was a holiday or scheduled day off). •    The City will observe June 19, Juneteenth, as a paid holiday. •    The bereavement leave policy was updated to include reproductive loss leave.

NPA MOU:

The City and NPA have been negotiating a successor to the existing MOU over multiple months.

The proposed MOU with NPA is for a three-year period from July 1, 2025, through June 30, 2028. The members of NPA ratified the proposed MOU on June 11, 2025.

The MOU includes the following new significant provisions:

General Salary Increase and Other Compensation:
•    NPA employees will receive the same general salary increase provided to NAME employees.
•    In addition the general salary increase provided to NAME employees, a one-time supplemental base wage adjustment will be provided to first responders (sworn officers and dispatch personnel). They will receive an additional three percent (3.0%) increase on July 1, 2025, and one and one-half percent (1.5%) salary increases on July 1, 2026 and July 1, 2027 for a cumulative seventeen percent (17.0%) general salary increase over the term of the MOU.
•    Certificate Incentive Pay will increase from 7% to 10% for P.O.S.T. Advanced Certificates earned by Police Officers and Police Sergeants. •    Certificate Incentive Pay for dispatch personnel will increase from 2.5% to 3.5% for P.O.S.T. Intermediate Certificates and from 3.5% to 7% for P.O.S.T. Advanced Certificates.

Cafeteria Plan for Medical, Dental and Vision Insurance:
•    The NPA MOU provides for the same benefits to NPA employees as provided to each eligible NAME employee’s cafeteria plan for use towards medical, dental and vision insurance.

Other Miscellaneous Revisions:
•    The 1.5% employee cost share of the employer’s cost of the CalPERS pension benefit for Sworn PEPRA members will be eliminated after CalPERS approves a contract amendment.
•    The Sick Leave Incentive Program is eliminated.
•    The City will observe June 19, Juneteenth, as a paid holiday. •    The bereavement leave policy was updated to include reproductive loss leave.

Management, Supervisory, and Professional Employee Group (MSPEG):

The City Council adopted the current Compensation and Benefit Plan (Plan) for the MSPEG in 2022. The proposed Plan for the MSPEG includes the following new significant provisions:

General Salary Increase and Other Compensation:
•    MSPEG employees will receive the same general salary increase provided to NAME employees.
•    Police Chief receives one-time supplemental base wage adjustment  provided to first responders as described in the NPA MOU; add uniform allowance and General Leave Conversion to Pay similar to the Newark Police Management Association Memorandum of Understanding.
•    Market adjustments of 3.0% for the classifications of Assistant Planner, Associate Planner, and Senior Planner; and 5.0% for the classifications of Crime Analyst, Facilities Supervisor, Maintenance Supervisor, Management Analyst I, and Management Analyst II.
•    Range adjustments for the following classifications:

Classification                                               Current Range     Proposed Range Assistant to the City Manager                                12                      13 Community Preservation Manager                        15                      16 Environmental Services Manager                          15                      16 Housing Police & Programs Manager                    16                     17 Principal Planner                                                    16                     17 Maintenance Superintendent                                 16                     18 Strategic Initiatives Manage                                   16                     18 Chief Building Official                                             18                     20 Deputy Community Development Director             18                     20 Deputy Economic Development Director               18                     20 Deputy Finance Director                                        18                     20 City Engineer                                                         20                     21 Assistant City Manager                                         25                     26 Police Chief                                                           25                     26 Other Miscellaneous Revisions:
•    The City will observe June 19, Juneteenth, as a paid holiday. •    The bereavement leave policy was updated to include reproductive loss leave.

Confidential Employee Group:

The City Council adopted the current Plan for the CEG in 2022. The proposed Plan for the CEG includes the following new significant provisions:

General Salary Increase and Other Compensation:
•    Confidential employees will receive the same general salary increase provided to NAME employees.
•    A one-time lump sum payment of $1,000 to each Confidential employee and an additional $1,000 payment to Confidential employees with 15 or more years of service of as July 1, 2025.

Other Miscellaneous Revisions:
•    Pay upon promotion language updated to align with the Personnel Rules and Regulations.
•    The City will observe June 19, Juneteenth, as a paid holiday. •    The bereavement leave policy was updated to include reproductive loss leave.

Salary Schedule:

The City maintains a consolidated salary schedule of the salary steps and ranges for all regular, permanent positions. The schedule must be amended to include the salary increases described above for NAME, NPA, MSPEG, and CEG effective July 1, 2025.

Additionally, the City Council appointed David J. Benoun to serve as the City Manager of Newark effective as of December 29, 2018 pursuant to an employment agreement.

The employment agreement provides that Mr. Benoun shall receive general salary increases pursuant to the Management, Supervisory, and Professional Employee Group Compensation and Benefit Plan. Therefore, the salary schedule will reflect a four percent (4%) increase to the City Manager salary effective July 1, 2025.

FISCAL IMPACT
The fiscal impacts of the various actions over a three-year term are estimated as follows:
1) NAME MOU: $1,853,000
2) NPA MOU: $6,971,000
3) MSPEG and CEG CBPs, and City Manager: $3,859,000
The City adopted a 2024-2026 Biennial Budget on June 27, 2024. The recently negotiated Memoranda of Understanding and updated Compensation and Benefit Plans apply to the second fiscal year of the biennium (Fiscal Year 2025-26). As such, a formal budget amendment is not immediately required. The fiscal impact of the new Memoranda of Understanding and Compensation and Benefit Plans will be incorporated as part of the regular budget monitoring process and can be addressed either through the year-end report in July 2025 or during the mid-year budget update in March 2026.

REVIEW AND APPROVAL
Prepared, Reviewed and Approved by - Kristopher J. Kokotaylo, City Attorney Attachments
NPA Resolution
NPA MOU Exhibit A
NPA MOU Exhibit B Redlines
Resolution NAME
NAME MOU Exhibit A
NAME MOU EX. B Redlines
MGMT Comp Reso
MGMT Comp Exhibit A
MGMT Comp Exhibit B Redlines
Confidential Comp Reso
Confidential Comp Exhibit A
Confidential Comp Exhibit B Redlines
Consolidated Salary Schedule
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 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 Association (“NPA”) expires on June 30, 2025; and WHEREAS, the City and NPA 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 net and conferred in good faith with the representatives of NAME on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and NPA have reached a tentative agreement to a successor MOU dated July 1, 2025 (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 NPA ratified the agreement as of June 11, 2025; 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 by the City Council of the City of Newark that the City Council hereby approves and adopts the MOU for NPA, effective July 1, 2025 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 any provisions of any other previous resolutions pertaining to the NPA MOU, the provisions herein shall prevail.

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 NPA MOU, Effective July 1, 2025.

Resolution No.

EXHIBIT A
Memorandum of Understanding
Between City
of Newark and
Newark Police Association
July 1, 2025
Through
June 30, 2028
Adopted
June 26, 2025
Resolution No.

TABLE OF CONTENTS
Section Page
I. Term 1
II. Representation 1
III. Definitions 1
IV. Labor Market 3
V. Salary Increase 3
VI. Health and Welfare Program 4
VII. Uniform Allowance 6
VIII. Vacation Leave 7
IX. Sick Leave 11
X. Personal Leave 14
XI. Other Leaves 15
XII. Holidays 17
XIII. Pay Upon Promotion 18
XIV. Certificate Incentive Pay 19
XV. Overtime 19
XVI. Minimum Court Time Pay 21
XVII. Detective On-Call Allowance 23
XVIII. Use of City Vehicles 23
XIX. Tuition Fees and Book Costs Reimbursement 23
XX. Retirement Benefits 25
XXI. Extension of Military Benefits 29
Section Page
XXII. Longevity Pay 30
XXIII. Special Assignment Pay 30
XXIV. Safety Training and Equipment 32
XXV. Per Diem Expense 33
XXVI. Grievance Procedure 33
XXVII. Work Schedules 35
XXVIII. Newark Police Association Release Time 38
XXIX. Authorized Representatives for the Purpose of Administering the Terms and Conditions of this Memorandum of Understanding 38 XXX. Carry Over Terms 39
XXXI. Management Rights 39
XXXII. Implementation of Section 414(h)(2) of the United States Internal Revenue Code 40
XXXIII. Full Understanding Modification and Waiver 40
XXXIV. Transfer 41
XXXV. Promotion 41
XXXVI. Nondiscrimination 41
XXXVII. Provision Regarding Americans with Disabilities Act 41 XXXVIII. Separability 42

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
B. Salary Schedules
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK AND NEWARK POLICE ASSOCIATION
I. TERM
This agreement shall be in effect from July 1, 2025 through June 30, 2028.

II. REPRESENTATION
The City recognizes the Newark Police Association (NPA), 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 in Attachment A, pursuant to Employer-Employee Relations Resolution No. 1833.

III. DEFINITIONS
For purposes of this Memorandum of Understanding, unless the context otherwise requires, the following definitions in this Agreement shall apply:

A. “Base Hourly Rate.” The term “base hourly rate” shall mean the hourly compensation rate for regular full-time and part-time classifications, excluding benefits.

B. "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 Newark Police Association.

C. "Employer". The term "employer" shall mean the City of Newark.

D. "Employee Contributions." The term "employee contributions” shall mean those contributions to the PERS retirement system which are deducted from the salary of employees and credited to individual employees' accounts.

E. "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 premiums as a before-tax conversion of salary.

F. "Non-sworn." The term "non-sworn" refers to those personnel occupying the classifications of Animal Control Officer, Community Service Officer, Public Safety Clerk, Police Record Supervisor, Public Safety Dispatcher, Public Safety Dispatch Supervisor, Vehicle Abatement 2 Officer, Property and Evidence Technician, and Red Light Photo Enforcement Technician.

G. "Sworn". The term "sworn" refers to personnel occupying classifications of Police Sergeant or Police Officer.

H. “Reinstatement.” In addition to reinstatement status as explained in the Personnel Rules and Regulations, the term “reinstatement” for purposes of this MOU shall apply to full-time sworn personnel who separate from the City of Newark after successfully completing their probationary period, then return to active service in the same classification within one year of their separation date.

I. "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.).

J. “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 40 hours per week but at least 20 hours per week on a year-round continuous basis occupying positions specifically authorized as “regular part-time”.

K. "Wages". The term "wages" shall mean the compensation paid to employees covered by this Agreement.

L. “Alternative Work Schedule” shall mean any schedule that differs from the five day, eight hours per day, 40-hour per week schedule.

M. “Four-Ten Work Schedule” shall mean a four-day, ten hours per day, 40 hours per week work schedule in a seven day work schedule.

N. “3/12 ½ Work Schedule” shall mean a work schedule for full-time Public Safety Dispatchers, and Public Safety Dispatch Supervisors, that equates to 40- hours per week in a 28-day work cycle. Typically, a Public Safety Dispatcher / Public Safety Dispatch Supervisor assigned to this work schedule will work three 12.5 hour days per week and one day of 10 hours within the City-designated 28-day work cycle.

O. “160-Hour Work Schedule” shall mean a work schedule for sworn personnel that equates to 40-hours per week in a 28-day work cycle.

Typically, a sworn employee assigned to this work schedule will work three 12.5 hour days per week and one day of 10 hours within the City-designated 28-day work cycle.

P. “28-Day Work Cycle” for sworn personnel means the Fair Labor 3 Standards Act work cycle of 28-continuous calendar days as established by the Payroll Office.

Q. “A Shift” means the scheduled work hours of 6:00 a.m. to 6:30 p.m.

R. “B Shift” means the scheduled work hours of 6:00 p.m. to 6:30 a.m.

S. “C Shift” means the scheduled work hours of 1:30 p.m. to 2:00 a.m.

IV. LABOR MARKET
The following agencies comprise the designated labor market for the purpose of total compensation survey comparisons: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

V. SALARY INCREASE
A. Total Compensation Data
For discussion purposes only, either party may prepare a total compensation survey that includes the following data points within the established labor market. All data gathered shall be based on currently available wages and benefits for new PEPRA employees:

1. Top step base salary.

2. That portion of the employee's PERS contribution that is paid by the employer (employee contributions to the employer’s PERS costs shall be reflected as a negative number).

3. The amount of the highest premium the employer will pay for family coverage of medical, dental, and vision premiums.

4. The maximum amount paid by the employer for educational achievements or POST certificates.

5. The maximum number of holiday hours or holiday pay provided by the employer.

B. General Salary Increase
The salary ranges for all classifications represented by the Association shall be increased as follows:

1. Effective July 1, 2025, the salary increase shall be four percent (4%).

2. Effective July 1, 2026, the salary increase shall be three and onehalf percent (3.5%).

3. Effective July 1, 2027, the salary increase shall be three and one- 4 half percent (3.5%).

C. One-time Supplemental First Responder Base Wage Adjustments On a one-time basis and during the term of this Agreement these identified classifications (Police Officer, Police Sergeant, Public Safety Dispatcher and Public Safety Dispatch Supervisor) shall receive the following supplemental increases in addition to the increase identified in the General Salary Increase section above:

1. Effective July 1, 2025, the supplemental salary increase shall be three percent (3.0%).

2. Effective July 1, 2026, salary increase shall be one and one-half percent (1.5%).

3. Effective July 1, 2027, salary increase shall be one and one-half percent (1.5%).

VI. HEALTH AND WELFARE PROGRAM
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. 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.

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

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
5 Employee + 1 Dependent: $931-$1,164
Employee+ 2 or more Dependents: $1,230-$1,537
Effective for the 2026 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $513-$641
Employee + 1 Dependent: $1,025-$1,281
Employee+ 2 or more Dependents: $1,353-$1,691
Effective for the 2027 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $539-$673
Employee + 1 Dependent: $1,076-$1,344
Employee+ 2 or more Dependents: $1,421-$1,776
Effective for the 2028 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $566-$707
Employee + 1 Dependent: $1,130-$1,412
Employee+ 2 or more Dependents: $1,493-$1,866
D. 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 per month “cash-in-lieu” of benefits, which includes the PEMHCA minimum per section A above.
6 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 $450 per month of any money not used for the purchase of employer offered benefits.

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

4. For Regular Part-Time Employees working 30-35 hours the “cash-inlieu” 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.

E. 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.

F. The City shall provide to each bargaining unit member, at no cost to the bargaining unit member, a $50,000 life insurance policy.

G. Employees and their spouses or registered domestic partners and up to 2 children living in the same household, 18 years of age and under, may use the gym, exercise equipment and aquatics facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatics Center free of charge.

VII. UNIFORM ALLOWANCE
A. Police Officer, Police Sergeant, Community Service Officer, Animal Control Officer, and Vehicle Abatement Officer

1. Upon appointment to the classification of Police Officer, Community Service Officer, Animal Control Officer, or 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 Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of 12 months of continuous active employment or 7 upon reinstatement, Police Officers and Police Sergeants shall receive a monthly uniform allowance of $100.

3. Upon completion of 12 months of continuous active employment or upon reinstatement, Community Service Officers, Animal Control Officers, and Vehicle Abatement Officers shall receive a monthly uniform allowance of $100.

4. If the employment of a Police Officer, Community Service Officer, Animal Control Officer, or 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 Provision VII.A.3.above shall be returned to the City.

B. Public Safety Dispatchers, Public Safety Dispatch Supervisors, Public Safety Clerks, Property and Evidence Technicians and Police Records Supervisors

1. Upon appointment to the classifications of Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records Supervisor, a full-time regular employee shall be reimbursed by the City for the purchase of City-approved uniform shirts and pants up to an amount equal to the maximum of the annual uniform allowance in effect on the date of appointment to Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records Supervisor. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of 12 months of continuous active employment or upon reinstatement, Public Safety Dispatchers, Public Safety Dispatch Supervisor, Public Safety Clerks, Property and Evidence Technicians, and Police Records Supervisors shall receive a monthly uniform allowance of $45.

VIII. VACATION LEAVE
A. Beginning on the 90th day of employment, regular full-time sworn employees shall be eligible to earn vacation leave. Upon completion of said period of service, regular full-time sworn employees shall be credited with 22.5 hours of vacation leave and shall thereafter accrue vacation leave at the rates provided in Section C below for sworn employees.

B. Beginning on the 90th day of employment, regular full-time non-sworn employees shall be eligible to earn vacation leave. Upon completion of 8 said period of service, regular full-time non-sworn employees shall be credited with 20 hours of vacation leave, and shall thereafter accrue vacation leave at the rate provided in Section C below for non-sworn employees.

C. Vacation leave entitlement for regular full-time employees following completion of 90 days of continuous service is listed below.

1. Eligible sworn employees who have served less than five (5) years with the City shall earn vacation entitlement at the rate of 7.5 hours per month.

2. Eligible non-sworn employees who have served less than five (5) years with the City shall earn vacation entitlement at the rate of 6.67 hours per month.

3. Eligible sworn and non-sworn employees during their fifth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of ten (10) hours per month.

4. Eligible sworn and non-sworn employees during their tenth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 13.34 hours per month.

5. Eligible sworn and non-sworn employees during their fifteenth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 14.667 hours per month.

6. Eligible sworn and non-sworn employees during their twentieth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 16.67 hours per month.

D. Regular full-time employees who separate from City service after 90 days of continuous service shall be paid for that part of their 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 completion of a 90 day employment period shall not be entitled to compensation for vacation leave, as none has been accrued.

E. Upon separation from the City, a regular full-time employee will receive prorated vacation credit if the employee is actively at work or on a leave with pay for at least fifteen (15) calendar days during a month to accrue credit for that month.

F. The Police Chief shall set the shift work schedules no later than October 9 1st in the calendar year of the bid for the following year’s schedule. The NPA shall coordinate the bids for shift and the bids for vacation as soon as possible after the work schedules are set. Shift and vacation schedules must be completed and submitted to Police administration by November 15 preceding implementation of the new work schedules. Any bids not completed or submitted will be determined at the sole discretion of the Police Chief.

G. It is the mutual understanding and intent of both parties that the term “vacation” for the purpose of determining when the employee is away from work includes the employee’s days off preceding and following their regularly assigned shift (e.g. If the employee works Friday through Sunday, then the employee is considered on vacation from the MondayThursday of the preceding week and from Monday-Thursday of the following week.) The City will not schedule a payback day or training day within this vacation period. This provision only applies to two vacation periods designated by the employee during the annual vacation selection process. Any member selecting a vacation consisting of three (3) or more consecutive workweeks will have the option to satisfy their payback day utilizing accrued paid time off to complete their work assignment for the FLSA work period. This provision does not affect the City’s ability to ensure proper staffing in the event of an emergency. Emergency shall include but not be limited to the necessity of replacing employees absent from work because of unanticipated and unavoidable illness, injury or other good cause, including unplanned tactical operations. The Association and City agree that every attempt will be made for payback days to be scheduled to coincide with the employees’ normal workweek.

However, if that is not possible the City may assign the payback day as needed.

H. Regular part-time employees, upon completion of 90 days of continuous active service shall be eligible to accrue vacation leave hours each month as follows:
20-25 Hour 30-35 Hour
Work Schedule Work Schedule
Less than 5 years of service 3.33 – 4.16 5.00 – 5.83
During the 5th & following 5.00 – 6.25 7.50 – 8.75
During the 10th & following
During the 15th & following
During the 20th & following

6.67 – 8.33

7.33 – 9.16

8.33 – 10.41

10.00 – 11.67

11.00 – 12.83

12.50 – 14.58
Effective July 1, 2010, proration of RPT vacation leave will be based on actual hours worked or budgeted to work. For example, an RPT 10 employee with one year of City service who works 35 hours per week will receive 5.836 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.

An eligible employee must be at work or on a leave with pay for at least one half of the regularly scheduled work days in a month to accrue vacation leave credit for that month. (One-half the month for regular parttime employees shall not be based on hours worked, but rather the number of regularly authorized work days.)
Regular part-time employees who separate from City service after 90 days of continuous active service shall be paid for accrued but unused vacation leave 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 part-time employees who terminate from City service prior to working 90 days of continuous active service shall not be entitled to compensation for vacation leave, as none has been accrued.

I. A regular full-time employee must be at work or on compensated leave for at least 80 hours during a month to accrue vacation credit for that month.

It is understood by the City and Association that leave benefits will be accrued and used on an hourly basis. When an employee on an alternative work schedule is on paid leave, the employee must chargeaccrued leave balances for the number of hours required to cover the number of hours scheduled to work (e.g. 12.5 hours of leave, 10 hours of leave, or 9 hours of leave).

J. The maximum accumulation of vacation leave hours will be limited to two times the employee’s annual accrual. The City Manager shall have the authority to allow an employee to exceed this maximum accumulation for 30 days.

K. Effective July 1, 2017, upon using one-half of the vacation time accrued during the 12-month period from July 1 through June 30, a regular fulltime employee may request to receive pay for up to a total of sixty (60) hours per fiscal year of vacation, forty-five (45) to fifty-two and a half (52.5) hours for 30-35 hour employees, and thirty (30) to thirty-seven and a half (37.5) hours for 20-25 hour employees in hourly increments at the current hourly salary rate provided there is a minimum of one (1) week (40 hours) remaining in the employee’s vacation bank after the conversion. 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.

By December 1 of each calendar year, eligible employees who want to cash out accrued vacation leave in the following calendar year shall 11 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.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation buy-back program.

It is the employee's sole responsibility to address the tax consequences of cashing out accrued leave or the vacation buy-back program.

IX. SICK LEAVE
A. Purpose
The purpose of sick leave is to allow regular full-time and regular part-time employees who are ill or injured to remain absent from work with pay, within the limitations of this section. Sick leave is granted to a full-time or part-time employee to recover from illness or injury so as to be physically able to return to work. Employees may also use sick leave to care for their sick children, siblings, parents, or spouse / domestic partner. 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

1. Regular full-time employees may accrue sick leave with pay at the rate eight hours per month for each calendar month of service. Regular full-time employees shall accumulate unused sick leave at the rate of eight (8) hours per calendar month to a total of not more than 960 hours.
12 2. 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 sick leave credit of 24 hours.

3. A full-time employee must be at work or on compensated leave for at least 80 hours during a calendar month to accrue sick leave, retirement, and/or any benefits or awards relating to or contingent upon completion of a specified period of employment or length of service. It is understood by City and Association that leave benefits will be accrued and used on an hourly basis. When an employee on an alternative work schedule is on paid leave, the employee must charge accrued leave balances for the number of hours required to cover the number of hours scheduled to work (e.g. 12.5 hours of leave, 10 hours of leave, or 9 hours of leave).

4. Regular part-time employees, beginning on the 90th day of employment, 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 hrs/week 4-5 hours 480-600 hours
30 - 35 hrs/week 6-7 hours 720-840 hours
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. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

Regular part-time employees must be actively at work or on leave with pay for at least one half the regularly authorized work days in a month to accrue sick leave credits 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.)
Retirement Service Credit
Retirement service credit accounts have been established for each regular full-time and regular part-time employee in which that member may accrue retirement service credit toward early retirement under the Public Employees' Retirement System plan applicable to sworn and non-sworn employees. Retirement service credits cannot be used as sick leave as provided in this Agreement or the Personnel Rules and Regulations but 13 may be used only towards early retirement under the Public Employees' Retirement System. Sick leave credit accrued in excess of 960 hours for full-time employees, 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 960 hours, 720 hours, or 480 hours as applicable accumulation may designate a portion or all of their accumulation of sick leave credit after July 1, 1982 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.

D. Administration of Sick Leave

1. Whenever possible, employees will make medical and/or dental appointments during off-duty time. When an eligible employee is unable to schedule a medical and/or dental appointment for treatment of an illness or injury during off-duty time, with the approval of the Department Head, the employee may charge time off for the medical and/or dental appointment to sick leave.

2. In order to receive compensation while absent on sick leave, the employee shall notify their immediate superior or other competent authority as soon as practicable, preferably prior to the time set for beginning their daily duties. The employee must submit an application for sick leave showing such information as required by the Police Chief. Such applications shall be factually correct. The Police Chief may make such investigations as they feel necessary and may require supplemental information from the employee.

3. A sworn employee may charge sick leave for the difference between workers' compensation temporary disability payments and their full salary, until such time as a medical examiner certifies that the employee's condition has become permanent and stationary and that the employee is permanently precluded from performing the substantial range of the job duties performed by the employee at the time of industrial injury.

4. Where non-sworn employees receive workers' compensation salary continuation benefits, and where sick leave is approved, the City shall pay the non-sworn employee their full salary excluding there from the employee's workers' compensation benefits. The non-sworn employee's sick leave entitlement shall be charged on a pro rata basis. 14 5. If an eligible employee uses sick leave any time in excess of two (2) continuous days, the Police Chief may require the employee to furnish a certificate from a licensed doctor of medicine, chiropractic medicine or ostheopathy or the employee’s choice, who has examined the employee, so that the employee’s condition and ability to return to work may be ascertained. In any case and at any time, the Police Chief may require submittal of periodic physician's reports concerning the employee's condition and ability to return to and/or continue work.

6. Whenever the Police Chief 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 Police Chief 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 their position classification, the Police Chief may require the employee to use accrued sick leave until sufficiently recovered to return to work.

7. Absence for illness may not be charged to sick leave not already accumulated by the employee.

8. An eligible employee absent from duty due to illness or injury who has been performing outside employment authorized by the Police Chief shall refrain from working at the outside employment until they are fully recovered from the illness or injury, unless specific approval is obtained from the Police Chief, or designee, to continue outside employment.

X. PERSONAL LEAVE
Regular full-time employees (prorated for regular part-time employees) may convert a maximum of the equivalent of one (1) work day (e.g., 8, 10, or 12.5 hours, dependent upon regularly assigned schedule) of sick leave to personal leave during each fiscal year. For example, a regular part-time employee who is scheduled to work 35 hours per week and works 12 hour shifts may convert a maximum of 10.5 hours of sick leave to personal leave during the fiscal year.

Effective July 1, 2006, all non-sworn 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. All non-sworn 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.

Effective July 1, 2008, In recognition of the unique work requirements that are specific to Dispatch employees that include but are not limited to; urgency conditions that interrupt schedules, loss of premium pay due to unscheduled 15 absences, dispatch employees will receive 10 hours of personal leave to be used only on the 10 hour payback day and after advanced scheduling and approval of the manager. Hours must be used during the fiscal year or they will be forfeited.

XI. OTHER LEAVES
A. Military Leave
Employees represented by the Association shall be entitled to military leave and leave of absence without pay as specified in the City's Personnel Rules and Regulations.

Any Association employee who is required to be absent from their employment as the result of military obligations; i.e., military leave, shall be paid by City at the regular rate of pay to a maximum leave period of thirty (30) consecutive calendar days (or up to 172 hours) in any fiscal year while so absent. Employees are required to use accrued leave for all absences due to voluntary military duty. See section XXI for additional military benefits.

B. Jury Duty

1. Regular full-time employees summoned to jury duty may be absent from duty provided that a copy of the summons is submitted to the employee's supervisor prior to jury duty and the employee is selected to serve on a jury.

2. Jury duty is based on an eight-hour day. If the employee’s regularly scheduled shift is over eight (8) hours, the employee may use accrued leave to cover the rest of their shift, or return back to work and complete the rest of their shift. Employees shall not receive any overtime or compensatory time for jury duty occurring on a regularly scheduled day off.

3. Upon approval of the Police Chief, an employee assigned to shift duty may be rescheduled to day shift if the Jury Commissioner will not excuse the employee, and the employee is selected to serve on a jury.

Rescheduling will only be considered if the employee has submitted the Chief's letter requesting that the employee be excused to the Jury Commissioner.

4. Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, who are summoned to jury duty and required to serve, may be absent from duty with pay as follows:
16 Authorized Work Schedule Pay
20 - 25 hrs/week 4 hours of pay per day
30 - 35 hrs/week 6 hours of pay per day

5. Those sworn and non-sworn regular full-time personnel who are officially notified to be summoned to jury duty, and are scheduled to work beyond midnight, shall not return to work for a minimum of 9 hours after serving jury duty.

C. Bereavement & Reproductive Loss Leave

1. Regular full-time employees represented by the Association may be granted up to a maximum of forty (40) hours of paid
bereavement leave where there has been a death of a spouse, domestic partner, sibling,parent, parent-in-law, grandparent, grandchild, parent-in-law, grandparent-in-law, sibling-in-law, or child-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 80 hours of paid bereavement leave may be granted for the death of a biological child, adoptive child, or stepchild.

2. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, unsuccessful assisted reproduction, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

3. Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, shall be eligible for prorated bereavement and reproductive loss leave. 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 thirty-five (35) hours per week will receive up to a maximum of thirty-five (35) hours of bereavement or reproductive 17 loss leave per reproductive loss event. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for the proration. Bereavement and reproductive loss leave will be prorated as follows:

Work Schedule Prorated Bereavement and
Reproductive Loss Leave
20 - 25 hrs/week up to a maximum of 20-25 hours
30 - 35 hrs/week up to a maximum of 30-35 hours
XII. HOLIDAYS
A. Regular full-time employees in the classifications of Police Officer, Police Sergeant, Public Safety Dispatcher, and Public Safety Dispatch Supervisor, shall receive as compensation in- lieu of holidays an amount equal to 7% of their current base pay step, which in-lieu payment shall be paid each pay period. The in-lieu compensation factor of 7% shall not be applied and added to any payment for overtime work or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an employee except their current base pay step.

B. During the term of this agreement the classifications of Animal Control Officer, Community Service Officer, Police Records Supervisor, Property and Evidence Technician, Public Safety Clerk, Red Light Photo Enforcement Technician, and Vehicle Abatement Officer shall be eligible for the following holidays:
• January 1, New Year's Day
• Third Monday in January, Martin Luther King, Jr., Day • Third Monday in February, President's Day
• Last Monday in May, Memorial Day
• June 19, Juneteenth
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veteran's Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• Last work day before Christmas
• December 25, Christmas Day
• Two Floating Holidays, to be scheduled subject to Department Head approval.

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

Holidays shall not be carried over from one fiscal year to another. Upon termination, an unused holiday cannot be converted to cash. An employee must be employed in a covered classification by January 1st to be eligible for the floating holidays.
18 C. When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on the second day of two consecutive scheduled days off, the day following the days off shall be observed.

When a holiday falls on the first day of two consecutive scheduled days off, the day preceding the days off shall be observed.

D. When a regular full-time employee who receives holiday-in-lieu pay is assigned to a light duty assignment on a 40-hour per week work schedule, said employee shall continue to receive holiday-in-lieu pay and will be required to work on holidays that occur during the work week.

E. The proration of holiday-in-lieu pay for regular part- time (RPT) employees in the classification of Public Safety Dispatcher or Public Safety Dispatch Supervisor will be based on actual hours worked or budgeted to work. For example, an RPT employee who is budgeted to work 35 hours per week will earn a prorated amount of holiday-in-lieu compensation based on a 35 hour per week work schedule. The in-lieu compensation factor shall not be applied and added to any payment for overtime work or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an employee except their regular pay.

F. Regular full-time employees represented by the Association who are assigned to work an alternative work schedule but who are not eligible for holiday-in-lieu pay will receive eight (8) hours of holiday leave for each official holiday set forth in the MOU. (Holiday leave is defined as an eight (8) hour day). The employee will receive eight hours of holiday pay at the straight time hourly rate and the additional hours to complete the shift must be charged to accrued vacation, comp time, or holiday comp time leave. When an employee works on a holiday or a holiday falls on a regularly scheduled day off the employee shall accrue eight (8) hours of holiday comp time (HCT). On the June 30 pay check, any unused holiday comp time (HCT) in excess of 26 hours will be paid to the employee at the straight time hourly rate in effect in June of that year. Those employees that utilize the holiday leave in observance of the holiday shall either utilize accrued vacation, compensatory time off, or holiday comp time for the remaining two (2) hours of their scheduled shift, or with the consent of their department, flex their work schedule during the same workweek as the holiday and work an additional two (2) hours at straight time.

XIII. PAY UPON PROMOTION
In the case of promotions to classes covered by this memo, the City agrees to pay the promoted employee a minimum of 5% above the top step of the range from which they were promoted.
19 XIV. CERTIFICATE INCENTIVE PAY
The City shall provide the following Certificate Incentive Pay for personnel represented by the Association who receive a California P.O.S.T. Intermediate or Advanced Certificate.

The effective date for payment of Certificate Incentive Pay shall be the payroll period immediately following the date on the P.O.S.T. certificate.

The provision of Certificate Incentive Pay is not intended as an inducement or directive to employees to conduct personal education programs beyond the programs required and/or provided by the City. The course work is undertaken voluntarily by the employee and not subject to remuneration under provisions of the Fair Labor Standards Act.

A. Certificate Incentive Pay for Police Officer and Police Sergeant will be:

P.O.S.T. Intermediate Certificate 5% of base hourly pay rate per month P.O.S.T. Advanced Certificate 10% of base hourly pay rate per month B. Certificate Incentive Pay for Public Safety Dispatcher and Public Safety Dispatch Supervisor will be:

P.O.S.T. Intermediate Certificate 3.5% of base hourly pay rate per month P.O.S.T. Advanced Certificate 7% of base hourly pay rate per month XV. OVERTIME
A. Regular Full-time Employees
Overtime for all regular full-time employees shall be defined as that time worked in excess of the regularly assigned shift. Overtime shall be paid for actual hours worked when an employee’s overtime hours are consecutive with the beginning or end of their regular shift. All overtime as above defined shall be paid at the rate of time and one-half of the regular hourly rate of pay for all positions or be granted as compensatory time off at the rate of time and one-half.

B. Regular Part-time Employees
Overtime for all regular part-time employees shall be defined as that work performed in excess of twelve and one-half (12.5) hours in a workday or forty (40) hours of actual work in a scheduled workweek. All overtime as above defined shall be paid at the rate of time and one-half of the regular hourly rate of pay for all positions or be granted as compensatory time off at the rate of time and one-half.
20 C. Compensatory Time Off
Accumulation of compensatory time off shall be limited to 160 hours and shall only be available in accordance with federal regulations implementing the Fair Labor Standards Act. When an employee reaches the maximum accumulation of 160 hours, the employee shall receive overtime pay for time worked in excess of the regularly assigned shift.

The maximum accumulation of compensatory time off shall be 220 hours.

All compensatory time off accruals and compensatory time off elected for cash out count toward the 220 hours limit.

1. Voluntary Election to Cash Out Compensatory Time Off By December 1 of each calendar year, eligible employees may voluntarily and irrevocably elect to cash out compensatory time in the following calendar year, all compensatory time earned during the applicable calendar year and remaining at the end of that calendar year will be cashed out in the last full pay period of the calendar year. Should the employee transition outside of NPA, the irrevocable election remains in place for the calendar year.

Each year the employee will have the option to elect to irrevocably cash out compensatory time for the subsequent calendar year.

The City makes no representations as to the tax counsequences of an employee cashing out accrued leave or the compensatory time cash out program. It is the employee's sole responsibility to address the tax consequences of cashing out accrued leave.

2. Non-election of Compensatory Time Off Cash-Out
If an employee does not irrevocably elect to cash out compensatory time in the following calendar year, the compensatory time leave accrued in that calendar year will be credited to the employee’s compensatory time off account until the compensatory time off account is credited to the maximum accrual amount. Unused compensatory time will carry over from one calendar year until the next is exhausted.

Should the employee transition outside of NPA, the subsequent MOU provisions of the new employee group will apply to any remaining compensatory leave. Upon separation from City service, all earned compensatory time will be paid in cash.

D. Compensatory Time Off for School Resource Officers
School Resource Officers work a 9 hour day, 45 hours per week schedule and therefore, accumulate 5 hours of compensatory time per week. If a 21 School Resource Officer works the standard 9 hour day, 45 hours per week schedule, the accumulation of compensatory time off shall be limited to 320 hours. At the termination of an assignment as a School Resource Officer, a plan shall be developed with the Officer to reduce the compensatory time leave balance to 160 hours within six months from the end of the assignment. If a School Resource Officer elects to work an alternative schedule (e.g., a 4/10 or a 9/80 work schedule), then the accumulation of compensatory time off shall be limited to 160 hours.

E. Call-Back Minimum

1. Regular full-time and regular part-time employees shall be eligible for a four (4) hour call-back minimum when the call back is for an unscheduled event that occurs more than two (2) hours after the end of the shift and within nine (9) hours of their assigned end of shift except as provided in Section XV.A above. Said employees shall receive, upon reporting a minimum of four (4) hours of work at the overtime rate, or if four (4) hours of work are not actually worked, a minimum of four (4) hours pay at the overtime rate.

2. Regular full-time and regular part-time employees who are called backto work for a planned event which is scheduled at least 24 hours in advance shall receive, upon reporting, a minimum of two (2) hours of work at the overtime rate, or if two (2) hours of work are not actually worked, a minimum of two (2) hours pay at the overtime rate.

3. The above call-back provision does not relate to official court appearances. Such court appearances shall be compensated as provided in this M.O.U.

4. A “call-back” occurs when an employee is required to return to their normal work location, or to travel to another work location at the direction of the city. A “call-back” does not occur when an employee handles a phone call at home or is otherwise not required to physically leave their residence. In such situations, the employee shall be compensated for any time actually worked at the overtime rate, but will not be entitled to the call-back minimum.

XVI. MINIMUM COURT TIME PAY
A. The City shall pay a minimum of four hours overtime at time and one-half pay to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business during their scheduled days off. For purposes of this section, the phrase "scheduled days off" refers to days on which the officer is not scheduled for duty. Scheduled days off does not include sick leave, 4850 22 leave, leave without pay, or shift trades between employees.

B. The City shall pay a minimum of four hours overtime at time and onehalf pay to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business if their assigned work schedule is beyond midnight and if court appearance is within nine (9) hours of their assigned end of shift but more than two (2) hours before or two (2) hours after the assigned shift.

C. The City shall pay a minimum of four hours overtime at time and one-half hourly pay rate to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business during their scheduled days on duty if they are serving duty on the B and C shifts provided they are scheduled to appear more than two (2) hours after the end of their assigned shift.

D. The City shall pay a minimum of two hours overtime at time and one-half to sworn and non-sworn regular full-time personnel scheduled to appear in court on the day normally scheduled to work provided they are scheduled to appear at least two hours prior to the assigned shift.

E. The City shall pay a minimum of two hours overtime at time and one-half pay to those sworn and non-sworn regular full-time personnel assigned to B or C shifts, or on day off who are not notified that their subpoenaed appearance in court is not required if the notification is not received by 10:00 hours on the day of the court appearance provided that the employee has called the appropriate agency to ascertain attendance requirements.

F. Minimum court time pay does not apply to employees on 4850 industrial leave, sick leave, leave without pay, or shift trades between employees.

1. An employee who is on sick leave on the date of the actual court appearance shall receive straight time pay for time spent at court.

2. An employee who appears in court while on industrial disability leave (4850 industrial leave) shall be ineligible for court pay, at either the straight-time or the time-and-one-half rate, but shall, instead, receive only their industrial leave (4850 leave) pay.

3. An employee who appears in court while on leave of absence without pay shall receive straight time pay for actual time spent at court, provided that prior approval for such pay has been authorized by a Police Lieutenant in advance of court appearance.

G. Only one four-hour minimum shall be paid per calendar day. 23 XVII. DETECTIVE ON-CALL ALLOWANCE
A. One detective may be assigned by the Police Chief, or designee, to oncall duty. The terms, conditions, and procedures for on-call duty shall be determined by the Police Chief. The City maintains the right to discontinue the on-call duty program at its sole discretion.

B. The detectives assigned to on-call duty shall receive, in addition to monthly salary, one hundred seventy-five dollars ($175.00) for each full week (seven day period) assignment.

C. Payment of the on-call allowance shall be prorated if the week assignment is not completed.

D. The on-call allowance will not be included as compensation when computing overtime pay, retirement or workers' compensation benefits.

E. The Police Chief shall establish terms and conditions for on-call duty pay.

XVIII. USE OF CITY VEHICLES
A. Police Officers who are assigned as Detectives and who live within the Newark city limits are authorized to utilize their assigned City-owned vehicles to commute to and from work and to lunch within the City limits.

At the sole discretion of the Police Chief, the requirement that employees live within city limits may be waived. The City-owned vehicle shall not be utilized for any purpose not related to official City business.

B. Police Officers who are assigned as Canine Handlers are authorized to utilize their assigned City-owned vehicle to commute to and from work a distance not to exceed 40 air miles one way. At the sole discretion of the Police Chief, the 40 air miles requirement may be waived. The City-owned vehicle shall not be utilized for any purpose not related to official City business.

C. Police Officers who are assigned as Motor Officers and Sergeants are authorized to utilize their assigned City-owned motorcycles to commute to and from work a distance not to exceed 40 air miles one way. At the sole discretion of the Police Chief, the 40 air miles requirement may be waived. The City-owned motorcycles shall not be utilized for any purpose not related to official City business.

XIX. TUITION FEES AND BOOK COSTS REIMBURSEMENT
A. Regular full-time and regular part-time employees are eligible on a firstcome, first-served basis for the educational reimbuesement of tuition fees and book costs.
24 B. The City shall establish a fund of $15,000 which shall be the City's total obligation for financing tuition fees and book costs incurred for courses completed within each fiscal year of this Memorandum of Understanding by the employees represented by the Newark Police Association.

Reimbursement to individual employees shall not exceed $1,500 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 $1,500 per employee limit, up to their maximum expense incurred. Reimbursements taxable under the IRS will be taxed to comply with IRS regulations.

C. Reimbursement shall be made for 100% tuition fees and book costs of satisfactorily completed courses taken in the pursuit of an Associate, Bachelor's or Master's Degree in the Administration of Justice, Political Science, Psychology, Public Administration, Criminology, Law, or Sociology, or any field directly related to police services. Reimbursement shall also be made for such fees and costs for a particular course in any of these fields, including any field directly related to police services, even though such course is not taken in pursuit of any of the above degree programs.

D. An employee may petition their Department Head for authorization to be reimbursed for courses which are not specifically enumerated above but are in a field directly related to police services and which will maintain or improve job-related skills. Denial of such petition is subject to the Grievance Procedure provided in this M.O.U. except that all parties will accept the fact finders decision as final.

E. Procedure

1. An eligible employee shall request written approval from the Police Chief to be reimbursed for courses or approved fees authorized under this provision prior to registration in the course or educational program (i.e. Saint Mary’s College bachelor’s or graduate programs).

2. Reimbursement shall be made for 100% 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 courses required to obtain the degree will equal the average course fee.

3. Satisfactory completion shall be construed to mean the attainment of a 25 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.

4. Reimbursement shall be processed upon evidence of the successful completion of a course(s) and in accordance with the Human Resources Department’s Educational Reimbursement procedures.

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

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

It is the intent of this policy that all employees, though eligible for reimbursement of expenses, shall carry out their educational programs on their own personal time. Departmental shifts may be arranged to allow an employee to enroll in a college program with reasonable assurance that course attendance shall not be disrupted at mid-semester or mid-quarter.

This policy does not guarantee that such disruption shall not occur; however, the Police Chief 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.

XX. RETIREMENT BENEFITS
A. All Association 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”.

B. The City shall continue to provide to all sworn Classic Members of the 26 Association a retirement formula known as “3% at 50" together with the 1959 survivor benefit option and a credit for unused sick leave option.

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 of 13%.

The Association’s Classic sworn 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% at 50 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 of the contract, if the rate over 17.00% decreases, the Classic Association 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 Association 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 Classic sworn Association 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 Classic sworn Association members’ rate would decrease by 1.00%.

C. The City shall continue to provide to all non-sworn Classic members of the Association a retirement formula known as “2.5% at 55" together with the 1959 Survivor Benefit option and a credit for unused sick leave option.

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 2.971% of an additional contribution in accordance with the MOU formula and the 2009 cap for a current total of 10.971%
In addition, the Association’s 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 Association 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.
27 The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to

10.00%, each Association member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases from 10.00% to 13.00%, each Association 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 from 13.00% to 11.00%, the Association member would contribute 0.50% of the increase above 10.00% from their salary to pay for the retirement benefit. The City would then be responsible for the matching 0.50%.

D. The City shall provide to sworn members of the Association 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 association members 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 sworn PEPRA members currently pay an additional contribution of 1.5% of the employer rate. If CalPERS approves a contract amendment for the City of Newark that eliminates the 1.5% contribution the City agrees to amend its contract for sworn PEPRA members accordingly.

E. The City shall provide to all non-sworn members of the Association 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. 28 Non-sworn members of the Association 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 (currently 6.25%), non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members of the Association pay.

F. All Association members’ cost sharing contributions will be tax deferred.

G. All Association non-sworn Miscellaneous Group employee members will not pay any increase in the CalPERS employee cost share after June 30, 2009. The Miscellaneous Group’s CalPERS cost share will be capped at the current 2.971% rate.

H. The parties acknowledge that the City must comply with the provisions of the Public Employees’ Pension Reform Act of 2013. To the extent additional changes to the terms and conditions of employment are required by the Public Employees’ Pension Reform Act of 2013 or any other law, the City agrees to meet and confer over the effects of any changes that it is required to make during the term of this agreement.

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

J. The City shall continue to provide a retiree provision in all group health plans in which City personnel may participate.

K. Effective October 15, 2000, the City amended its contract with CalPERS to provide sworn members of the Association the ability to purchase up to four years of service credit for any continuous active military service prior to employment.

L. Effective, January 26, 2001, the City amended its contract with CalPERS to provide sworn members of the Association the indexed level 1959 survivor benefit option. The Association members agree that any costs now or in the future for the Indexed level 1959 survivor benefit will be paid by the members.

M. Effective November 16, 2004, the City amended its contract with CalPERS to provide for the Pre-Retirement Optional Settlement 2 Death Benefit for sworn members. The Association members agree that any costs now or in the future for the Pre-Retirement Optional Settlement 2 Death Benefit will 29 be paid by the members.

XXI. EXTENSION OF MILITARY BENEFITS
A. This program covers non-probationary, regular, part-time and full-time employees. In addition to the 30 days of fully paid annual military leave provided under the California Military and Veterans Code §395.01 and 395.02, the City will pay additional wages to supplement the employee’s income in an amount equal the employee’s regular City monthly compensation less military pay for up to an additional 150 days. Thus, if an employee is ordered to military leave, that employee will receive full compensation for the first 30 consecutive calendar days (as required by the Military and Veterans Code §395.01 and 395.02), and supplemental compensation for up to 150 consecutive calendar days.

B. Employees will be required to provide copies of their military pay stubs for reconciliation purposes. Payments will be reconciled quarterly by the Finance Department. If the Finance Department has not received military pay information within three weeks after the end of the quarter, future checks may be held until the information is provided.

C. Payroll deductions related to employee-paid health insurance, dental insurance, retirement, vision insurance, short term disability insurance, long term disability insurance, and/or life insurance will continue during the employee’s absence.

D. Employees who are on paid military leave will continue to accrue seniority, retirement benefits, sick leave, vacation, and shall receive holidays and salary adjustments. When the supplemental compensation ends, employees will continue to accrue seniority and retirement benefits. In order to continue retirement credit for military leave, the employee must request a military credit at any time after returning from military leave, but prior to separation or retirement.

E. For purposes of this policy, employees become eligible for the program after 30 days of military leave have been used, including any military leave that may have been used during this calendar year prior to military activism.

F. Affected employees must request in writing to the City Manager’s Office via their department head, to participate in this program as soon as they are aware that their military leave will extend beyond 30 days. Employees must provide military orders or other official military documentation validating military leave requirements to their supervisor as soon as possible. The supervisor will then forward a copy to Human Resources and Finance.
30 G. An employee voluntarily enlisting for active duty service is not eligible for this program.

H. The City expects employees who benefit from this program to return to employment with the City after serving their military duty.

XXII. LONGEVITY PAY
A. Regular full-time employees in the classifications of Police Officer and Police Sergeant are eligible for longevity pay as follows:

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 employees in the classifications of Police Officer and Police Sergeant.

B. For service to meet the requirements of longevity pay, it must meet all of the following criteria:
• Full-time sworn classifications represented by the City of Newark Police Association, including probationary time through June 30, 2022; and
• Effective July 1, 2022, 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
• Continuous service or service that qualifies under reinstatement procedures; 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.

XXIII. SPECIAL ASSIGNMENT PAY
A. Police Officers assigned as Field Training Officers to train Police Officers or Police Reserves shall receive a five percent (5%) of top Police Officer pay step base salary differential, which shall not affect the amount of holiday in lieu or educational incentive pay received while performing Field Training Officer duties.

B. Public Safety Dispatchers formally assigned by the Police Chief to train other Public Safety Dispatchers as part of a formalized departmental 31 training program shall receive a five percent (5%) salary increase during such assignment, which shall not affect the amount of holiday-inlieu pay received while performing Public Safety Dispatcher training duties. Public Safety Dispatchers are not eligible for this salary increase when acting as Public Safety Dispatch Supervisor and receiving acting pay for that assignment.

C. Employees assigned in writing by the Police Chief to perform the duties of a higher classification on an "acting" basis shall receive a five percent (5%) salary increase for hours worked from the first day of the acting assignment. In the event an employee in an acting assignment is absent from work because of illness or injury, the City may terminate the acting assignment.

D. Police Officers and Sergeants assigned to one of the following special duty assignments shall receive special assignment pay of 5% of base compensation per month:
• School Liaison Officer
• School Resource Officer
• Professional Standards and Training Officer
• Detective
• Canine Handler
• Motor
• Special Enforcement Team
• Any other position approved by the Police Chief
E. Police Officers who are assigned as Canine Handlers will also receive a maintenance allowance of $100.00 per month which will be treated as salary. The maintenance allowance is intended to cover expenses that are incurred as a direct result of housing the animal at the Officer’s residence.

These expenses include, but are not limited to, yard/interior home spraying, carpet cleaning, and general maintenance of the property to ensure the dog’s safety and well-being.

F. Employees represented by the Association will receive bilingual assignment pay of $100.00 per month. Eligibility for bilingual assignment pay shall be made subject to the following conditions and in accordance with 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.
32 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.

XXIV. SAFETY TRAINING AND EQUIPMENT
A. Animal Control Officer
The City shall provide safety training and equipment necessary to minimize the potential for work related injuries.

B. Firearm
An employee represented by the Association authorized by the Police Chief to carry a firearm in the course of employment, shall be provided a department-issue firearm. Department-issue firearms shall be the property of the City and must be returned to the City upon separation of employment, request of the Police Chief, or when an employee purchases and uses an alternative firearm approved by the department. The selection of the department-issue firearm shall be the sole discretion of the City.

Implementation of this provision shall be subject to an analysis and recommendation of an appropriate department-issue firearm acceptable to the City Manager.

C. The City will continue to provide Police Officers, Police Sergeants, Community Sevices Officers, Animal Control Officers, and Vehicle Abatement Officers the following safety and protective items: Holster, Gunbelt, Magazine Holder, Flashlight, Handcuffs, Handcuff Case, Baton, Baton Ring, Chemical Agent, Chemical Agent Holder, Ballistic Vest (Minimum Threat Level 2), and Belt Keepers.

Equipment will be Accumold, basket weave, or a similar style as approved by the Police Chief.

D. Motorcycle Duty
The City shall furnish uniformed motor officers with appropriate safety and protective equipment necessary for the performance of their duties. All motorcycle apparel provided shall conform to the standards established by the Police Department, as determined by the Police Chief. The replacement of worn or damaged apparel 33 shall be at the sole discretion of the Police Chief. Provided items may include, but are not limited to, the following: motorcycle helmet, leather or Kevlar riding jackets, Class A wool shirt and britches, Motor Port motorcycle pants, daytime and nighttime eyewear, and motorcycle gloves.

XXV. PER DIEM EXPENSE
The City shall provide suitable lodging or reimburse lodging expense incurred pursuant to current reimbursement rates for employees assigned to mutual aid, riot, or civil demonstration where employees are required to remain overnight.

The City shall provide meals or reimburse for meals pursuant to current reimbursement rates for employees assigned to mutual aid.

XXVI. 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 or by 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 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 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.
34 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.

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 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 they erroneously file 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.

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, they 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. 35 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.

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 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 factfinders 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.

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.

XXVII. WORK SCHEDULES
36 A. Police Officer and Police Sergeant

1. Sworn personnel shall utilize a work schedule known as a “160-Hour (3/12½) Work Schedule”. Assignment to the 160-Hour (3-12½) Work Schedule shall include sworn regular full-time employees assigned to patrol. Eligibility for assignment to a Four-Ten Work Schedule shall include those special duty assignments listed in Section XXIII.D.

B. Animal Control Officer, Community Service Officer, and Vehicle Abatement Officer

1. Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers will normally be assigned to a Four-Ten Work schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives.

2. During any permitted meal periods, Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers assigned to Patrol Division will be on an on-duty status and shall be available to respond to requests for police services.

C. Public Safety Dispatcher / Lead Public Safety Dispatcher

1. Regular full-time Public Safety Dispatchers, and Public Safety Dispatch Supervisors, shall utilize a work schedule known as “3/12½ Hour Work Schedule” with a paid lunch period. Typically, a Public Safety Dispatcher or Public Safety Dispatch Supervisor assigned to this schedule will work three days of 12.5 hours per week (37.5 hours) and one additional 10 hour day (47.5 hours) during the 28 day cycle.

2. Regular part-time Public Safety Dispatchers and Public Safety Dispatch Supervisors shall work a flexible schedule that does not normally exceed their designation of 20-25 hours per week or 30- 35 hours per week.

3. The Parties have agreed that it is in their best interests to investigate the options of a 7B Fair Labor Standards Act (FLSA) exemption from overtime requirements for Dispatch Employees.

D. Public Safety Clerk and Police Records Supervisor

1. A standard work schedule for the Public Safety Clerk and Police Records Supervisor shall be 40 hours per week. The normal workweek will be 40 hours with consecutive 8-hour days beginning or ending on any day of the week. The standard workweek begins at 12:00 a.m.

Sunday morning and ends at 11:59 on Saturday.
37 2. The Public Safety Clerk and Police Records Supervisor have the option to request working an alternate work schedule (Four-Ten). The authorization to work an alternate work schedule shall be the sole discretion of the department head. Operational needs of the department shall be the primary consideration in decisions to approve or deny requests.

E. Training

1. Employees authorized to attend schools for the purpose of training shall be assigned to a 40-hour, work week schedule. Work schedule adjustments may be authorized by the Police Chief to maintain the 160-hour work schedule requirement in a 28-day cycle or the 40 hoursper week for the four-ten work schedule. No overtime shall be paid for attendance at school unless specifically authorized by the Police Chief.

F. Notification of Shift Change

1. Twenty-one (21) calendar days notice shall be provided when employees are rotated, reassigned, or transferred from a regularly scheduled shift to another shift. Said twenty-one day notice shall not be required when an emergency necessitates a change in rotation, assignment or transfer. Emergency shall include but not be limited to the necessity of replacing employees absent from work because of unanticipated and unavoidable illness, injury or other good cause.

Members may challenge the decision of the Police Chief through the grievance procedure provided in this M.O.U. except that all parties will accept the fact finder's decision as final, and except in case of an emergency, scheduling changes will not be implemented until the grievance is resolved.

2. For the classifications of Police Officer, Police Sergeant, and Public Safety Dispatcher, and Public Safety Dispatch Supervisor, the Police Chief will provide a minimum twenty-one day notice of the schedule for the 10- hour day (“pay-back” day). Whenever possible the Police Chief will provide a thirty-day notice of the schedule for the 10-hour day (“payback” day).

G. Shift Bidding

1. For the classifications of Police Officer, Community Service Officer, and Public Safety Dispatcher, the present practice of seniority based shift bidding shall be continued to permit assignment of personnel by the Police Chief where, in the Police Chief’s judgment, such assignment is needed to achieve management objectives. Members may challenge the decision of the Police Chief through the grievance 38 procedure provided in this M.O.U. except that all parties will accept the fact finder's decision as final, and except in case of an emergency, scheduling changes will not be implemented until the grievance is resolved.

2. Probationary or new Sergeants will be assigned to shifts by the Police Chief, or designee, for up to 18 months.

3. Any Police Officer, Community Service Officer, Public Safety Dispatcher, Public Safety Dispatch Supervisor, or Police Sergeant with deficiencies or problems associated with training may also be assigned to a shift by the Police Chief, or designee, until these issues are resolved or corrected. Shift bidding will be done by seniority after any special placement on shifts has been decided.

4. Shift changes will be scheduled by the Police Chief up to three times per year, but no less than twice per year.

5. Public Safety Dispatch Supervisor shifts shall be based on organizational needs per the Police Chief or designee.

H. Holiday Work Schedule
City offices will be closed for business during the December holiday season. Non-essential employees, as determined by the Police Chief, will participate in a four-day furlough.

I. Authority

1. The starting times for the alternative work schedule shall be established by the Police Chief and may be changed by the Police Chief at their discretion following a thirty day notice to the Association of the new starting times.

2. The City reserves the right and shall have the authority to discontinue, alter, or amend the alternative work schedule for any reason at any time at its sole discretion.

3. The Police Chief shall have sole discretion to assign employees on light duty assignments to a work schedule of the Police Chief’s choosing including the standard five day, eight hour work schedule.

XXVIII. NEWARK POLICE ASSOCIATION RELEASE TIME
Upon request by the Newark Police Association (NPA), release time may be granted at the discretion of the Police Chief.

XXIX. AUTHORIZED REPRESENTATIVES FOR THE PURPOSE OF ADMINISTERING THE 39 TERMS AND CONDITIONS OF THIS MEMORANDUM OF UNDERSTANDING A. Management's principal authorized agent shall be the City Manager or their duly designated representative except where a particular management representative is otherwise designated.

B. The Association's principal authorized agent shall be the President of the N.P.A. and/or their duly designated representative.

XXX. CARRYOVER TERMS
The provisions of the MOU between the City of Newark and the Newark Police Association will remain in effect until the adoption of a successor agreement or until exhaustion of the impasse process whichever occurs later.

XXXI. 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 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, 40 including the right to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community.

XXXII. 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.

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 on 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.

XXXIII. FULL UNDERSTANDING MODIFICATION AND WAIVER
The parties to this Memorandum of Understanding acknowledge and agree that this Memorandum constitutes the result of meetings and conferring in good faith in accordance with Section 3500 et seq of the Government Code of the 41 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 shall not make any changes unless warranted by operational necessity.

XXXIV. TRANSFER
Transfers to or from the Department shall not be made in positions represented by the Association.

XXXV. PROMOTION
Effective June 1, 1995, and thereafter, promotional examinations for Police Sergeant shall be closed to participation from outside the department. The City shall have the sole discretion to hold a closed promotional or open recruitment to fill positions above the level of Police Sergeant.

XXXVI. NON-DISCRIMINATION
The parties agree, that they, and each of them, shall not discriminate against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age or sex or disability, or because of membership in the Association or any other activities on behalf of the Association.

XXXVII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT A. Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement or process that may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

B. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these 42 proposed accommodations prior to implementation by the City.

C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

D. Prior to disregarding any provision of this Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to disregard the provision.

XXXVIII.SEPARABILITY
Notwithstanding any other provisions 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.

On Behalf of the City:
__________________________
David Benoun, City Manager
On Behalf of the NPA:
_______________________________
Steven Losier, NPA President
_____________________
Date
_____________________
Date

ATTACHMENT A

NEWARK POLICE ASSOCIATION

REGULAR FULL-TIME/PART TIME CLASSIFICATONS
Animal Control Officer
Community Service Officer
Police Officer
Police Records Supervisor
Police Sergeant
Property and Evidence Technician
Public Safety Clerk
Public Safety Dispatcher
Public Safety Dispatch Supervisor
Red Light Photo Enforcement Technician
Vehicle Abatement Officer

ATTACHMENT B

NEWARK POLICE ASSOCIATION SALARY SCHEDULES
(Effective Dates: 7/01/2025, 7/01/2026, and 7/01/2027)
Salary Schedule Effective 7/01/2025
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 42.90 3,432.00 89,232.00 45.05 3,604.00 93,704.00 47.30 3,784.00 98,384.00 49.67 3,973.60 103,313.60 52.15 4,172.00 108,472.00 Community Service Officer 43.39 3,471.20 90,251.20 45.55 3,644.00 94,744.00 47.83 3,826.40 99,486.40 50.22 4,017.60 104,457.60 52.74 4,219.20 109,699.20 Police Officer 63.11 5,048.80 131,268.80 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 Police Records Supervisor 48.39 3,871.20 100,651.20 50.80 4,064.00 105,664.00 53.34 4,267.20 110,947.20 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Police Sergeant 76.54 6,123.20 159,203.20 80.37 6,429.60 167,169.60 84.38 6,750.40 175,510.40 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 Property and Evidence Technician 41.85 3,348.00 87,048.00 43.94 3,515.20 91,395.20 46.13 3,690.40 95,950.40 48.45 3,876.00 100,776.00 50.87 4,069.60 105,809.60 Public Safety Clerk 40.83 3,266.40 84,926.40 42.87 3,429.60 89,169.60 45.01 3,600.80 93,620.80 47.26 3,780.80 98,300.80 49.63 3,970.40 103,230.40 Public Safety Dispatcher 50.09 4,007.20 104,187.20 52.60 4,208.00 109,408.00 55.22 4,417.60 114,857.60 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 Public Safety Dispatcher
Supervisor

57.90 4,632.00 120,432.00 60.79 4,863.20 126,443.20 63.83 5,106.40 132,766.40 67.01 5,360.80 139,380.80 70.37 5,629.60 146,369.60 Red Light Photo Enforcement
Technician

41.63 3,330.40 86,590.40 43.71 3,496.80 90,916.80 45.90 3,672.00 95,472.00 48.19 3,855.20 100,235.20 50.61 4,048.80 105,268.80 Vehicle Abatement Officer 34.29 2,743.20 71,323.20 35.99 2,879.20 74,859.20 37.80 3,024.00 78,624.00 39.70 3,176.00 82,576.00 41.67 3,333.60 86,673.60 Salary Schedule Effective 7/01/2026
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 44.40 3,552.00 92,352.00 46.63 3,730.40 96,990.40 48.96 3,916.80 101,836.80 51.41 4,112.80 106,932.80 53.98 4,318.40 112,278.40 Community Service Officer 44.91 3,592.80 93,412.80 47.14 3,771.20 98,051.20 49.50 3,960.00 102,960.00 51.98 4,158.40 108,118.40 54.59 4,367.20 113,547.20 Police Officer 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 Police Records Supervisor 50.08 4,006.40 104,166.40 52.58 4,206.40 109,366.40 55.21 4,416.80 114,836.80 57.97 4,637.60 120,577.60 60.88 4,870.40 126,630.40 Police Sergeant 80.37 6,429.60 167,169.60 84.39 6,751.20 175,531.20 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 Property and Evidence Technician 43.31 3,464.80 90,084.80 45.48 3,638.40 94,598.40 47.74 3,819.20 99,299.20 50.15 4,012.00 104,312.00 52.65 4,212.00 109,512.00 Public Safety Clerk 42.26 3,380.80 87,900.80 44.37 3,549.60 92,289.60 46.59 3,727.20 96,907.20 48.91 3,912.80 101,732.80 51.37 4,109.60 106,849.60 Public Safety Dispatcher 52.59 4,207.20 109,387.20 55.23 4,418.40 114,878.40 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 Public Safety Dispatcher
Supervisor

60.80 4,864.00 126,464.00 63.83 5,106.40 132,766.40 67.02 5,361.60 139,401.60 70.36 5,628.80 146,348.80 73.89 5,911.20 153,691.20 Red Light Photo Enforcement
Technician

43.09 3,447.20 89,627.20 45.24 3,619.20 94,099.20 47.51 3,800.80 98,820.80 49.88 3,990.40 103,750.40 52.38 4,190.40 108,950.40 Vehicle Abatement Officer 35.49 2,839.20 73,819.20 37.25 2,980.00 77,480.00 39.12 3,129.60 81,369.60 41.09 3,287.20 85,467.20 43.13 3,450.40 89,710.40 Attachment B
CITY OF NEWARK SALARY SCHEDULES (Page 2 of 2)
Salary Schedule Effective 7/01/2027
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 45.95 3,676.00 95,576.00 48.26 3,860.80 100,380.80 50.67 4,053.60 105,393.60 53.21 4,256.80 110,676.80 55.87 4,469.60 116,209.60 Community Service Officer 46.48 3,718.40 96,678.40 48.79 3,903.20 101,483.20 51.23 4,098.40 106,558.40 53.80 4,304.00 111,904.00 56.50 4,520.00 117,520.00 Police Officer 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 84.58 6,766.40 175,926.40 Police Records Supervisor 51.83 4,146.40 107,806.40 54.42 4,353.60 113,193.60 57.14 4,571.20 118,851.20 60.00 4,800.00 124,800.00 63.01 5,040.80 131,060.80 Police Sergeant 84.39 6,751.20 175,531.20 88.61 7,088.80 184,308.80 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 102.56 8,204.80 213,324.80 Property and Evidence Technician 44.83 3,586.40 93,246.40 47.07 3,765.60 97,905.60 49.41 3,952.80 102,772.80 51.91 4,152.80 107,972.80 54.49 4,359.20 113,339.20 Public Safety Clerk 43.74 3,499.20 90,979.20 45.92 3,673.60 95,513.60 48.22 3,857.60 100,297.60 50.62 4,049.60 105,289.60 53.17 4,253.60 110,593.60 Public Safety Dispatcher 55.22 4,417.60 114,857.60 57.99 4,639.20 120,619.20 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 67.12 5,369.60 139,609.60 Public Safety Dispatcher Supervisor 63.84 5,107.20 132,787.20 67.02 5,361.60 139,401.60 70.37 5,629.60 146,369.60 73.88 5,910.40 153,670.40 77.58 6,206.40 161,366.40 Red Light Photo Enforcement
Technician

44.60 3,568.00 92,768.00 46.82 3,745.60 97,385.60 49.17 3,933.60 102,273.60 51.63 4,130.40 107,390.40 54.21 4,336.80 112,756.80 Vehicle Abatement Officer 36.73 2,938.40 76,398.40 38.55 3,084.00 80,184.00 40.49 3,239.20 84,219.20 42.53 3,402.40 88,462.40 44.64 3,571.20 92,851.20 Salaries are based on a 40-hour workweek for non-sworn NPA employees. Salaries listed for sworn NPA employees are based upon workweeks as defined in MOU
Resolution No.

Deleted: 10959, 11094, 11185, 11398, 11454, 11560,
11569
Memorandum of Understanding
Between City
of Newark and
Newark Police Association
July 1, 2025
Through
June 30, 2028
Adopted
June 26, 2025
Deleted: 19
Deleted: 22
Formatted: Indent: Left: 3.13", Right: 3.36"
Deleted: ly
Deleted: 11
Deleted: 19

EXHIBIT B
Resolution No.

Deleted: 10959, 11094, 11185, 11398, 11454, 11560,
11569

TABLE OF CONTENTS
Section Page
I. Term 1
II. Representation 1
III. Definitions 1
IV. Labor Market 3
V. Salary Increase 3
VI. Health and Welfare Program 4
VII. Uniform Allowance 6
VIII. Vacation Leave 7
IX. Sick Leave 11
X. Personal Leave 14
XI. Other Leaves 15
XII. Holidays 17
XIII. Pay Upon Promotion 18
XIV. Certificate Incentive Pay 19
XV. Overtime 19
XVI. Minimum Court Time Pay 21
XVII. Detective On-Call Allowance 23
XVIII. Use of City Vehicles 23
XIX. Tuition Fees and Book Costs Reimbursement 23
XX. Retirement Benefits 25
XXI. Extension of Military Benefits 29
Deleted: 5
Deleted: 8
Deleted: and Incentive Program
Deleted: 6
Deleted: 7
Deleted: 8
Deleted: Elimination of Overlapping
Deleted: Ranges
Deleted: 20
Deleted: 20
Deleted: 21
Deleted: 3
Deleted: 5
Deleted: 5
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Deleted: 31
Section Page
XXII. Longevity Pay 30
XXIII. Special Assignment Pay 30
XXIV. Safety Training and Equipment 32
XXV. Per Diem Expense 33
XXVI. Grievance Procedure 33
XXVII. Work Schedules 35
XXVIII. Newark Police Association Release Time 38
XXIX. Authorized Representatives for the Purpose of Administering the Terms and Conditions of this Memorandum of Understanding 38 XXX. Carry Over Terms 39
XXXI. Management Rights 39
XXXII. Implementation of Section 414(h)(2) of the United States Internal Revenue Code 40
XXXIII. Full Understanding Modification and Waiver 40
XXXIV. Transfer 41
XXXV. Promotion 41
XXXVI. Nondiscrimination 41
XXXVII. Provision Regarding Americans with Disabilities Act 41 XXXVIII. Separability 42

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
B. Salary Schedules
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Deleted: 2
Deleted: 4
Deleted: 4
Deleted: 5
Deleted: 7
Deleted: 40
Deleted: 41
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Deleted: 42
Deleted: 2
Deleted: 3
Deleted: 3
Deleted: 3
Deleted: 3
Deleted: 4
Deleted: A.2
Deleted: 1-3
Deleted: List
Deleted: Silliman Activity & Family Aquatics Center¶
Employee Wellness Committee¶
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK AND NEWARK POLICE ASSOCIATION
I. TERM
This agreement shall be in effect from July 1, 2025 through June 30, 2028.

II. REPRESENTATION
The City recognizes the Newark Police Association (NPA), 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 in Attachment A, pursuant to Employer-Employee Relations Resolution No. 1833.

III. DEFINITIONS
For purposes of this Memorandum of Understanding, unless the context otherwise requires, the following definitions in this Agreement shall apply:

A. “Base Hourly Rate.” The term “base hourly rate” shall mean the hourly compensation rate for regular full-time and part-time classifications, excluding benefits.

B. "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 Newark Police Association.

C. "Employer". The term "employer" shall mean the City of Newark.

D. "Employee Contributions." The term "employee contributions” shall mean those contributions to the PERS retirement system which are deducted from the salary of employees and credited to individual employees' accounts.

E. "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 premiums as a before-tax conversion of salary.

F. "Non-sworn." The term "non-sworn" refers to those personnel occupying the classifications of Animal Control Officer, Community Service Officer, Public Safety Clerk, Police Record Supervisor, Public Safety Dispatcher, Public Safety Dispatch Supervisor, Vehicle Abatement Deleted: 19
Deleted: 22
Formatted: Left, Right: 1.18"
Deleted: ¶
¶
"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, life insurance, long
term and/or short term disability. Total
compensation offers choices for
employees to select benefit plans
suitable to individual needs.
2 Officer, Property and Evidence Technician, and Red Light Photo Enforcement Technician.

G. "Sworn". The term "sworn" refers to personnel occupying classifications of Police Sergeant or Police Officer.

H. “Reinstatement.” In addition to reinstatement status as explained in the Personnel Rules and Regulations, the term “reinstatement” for purposes of this MOU shall apply to full-time sworn personnel who separate from the City of Newark after successfully completing their probationary period, then return to active service in the same classification within one year of their separation date.

I. "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.).

J. “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 40 hours per week but at least 20 hours per week on a year-round continuous basis occupying positions specifically authorized as “regular part-time”.

K. "Wages". The term "wages" shall mean the compensation paid to employees covered by this Agreement.

L. “Alternative Work Schedule” shall mean any schedule that differs from the five day, eight hours per day, 40-hour per week schedule.

M. “Four-Ten Work Schedule” shall mean a four-day, ten hours per day, 40 hours per week work schedule in a seven day work schedule.

N. “3/12 ½ Work Schedule” shall mean a work schedule for full-time Public Safety Dispatchers, and Public Safety Dispatch Supervisors, that equates to 40- hours per week in a 28-day work cycle. Typically, a Public Safety Dispatcher / Public Safety Dispatch Supervisor assigned to this work schedule will work three 12.5 hour days per week and one day of 10 hours within the City-designated 28-day work cycle.

O. “160-Hour Work Schedule” shall mean a work schedule for sworn personnel that equates to 40-hours per week in a 28-day work cycle.

Typically, a sworn employee assigned to this work schedule will work three 12.5 hour days per week and one day of 10 hours within the City-designated 28-day work cycle.

P. “28-Day Work Cycle” for sworn personnel means the Fair Labor Deleted: / Lead Public Safety
Dispatchers, …
Deleted: Lead
Deleted: er
3 Standards Act work cycle of 28-continuous calendar days as established by the Payroll Office.

Q. “A Shift” means the scheduled work hours of 6:00 a.m. to 6:30 p.m.

R. “B Shift” means the scheduled work hours of 6:00 p.m. to 6:30 a.m.

S. “C Shift” means the scheduled work hours of 1:30 p.m. to 2:00 a.m.

IV. LABOR MARKET
The following agencies comprise the designated labor market for the purpose of total compensation survey comparisons: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

V. SALARY INCREASE
A. Total Compensation Data
For discussion purposes only, either party may prepare a total compensation survey that includes the following data points within the established labor market. All data gathered shall be based on currently available wages and benefits for new PEPRA employees:

1. Top step base salary.

2. That portion of the employee's PERS contribution that is paid by the employer (employee contributions to the employer’s PERS costs shall be reflected as a negative number).

3. The amount of the highest premium the employer will pay for family coverage of medical, dental, and vision premiums.

4. The maximum amount paid by the employer for educational achievements or POST certificates.

5. The maximum number of holiday hours or holiday pay provided by the employer.

B. General Salary Increase
The salary ranges for all classifications represented by the Association shall be increased as follows:

1. Effective July 1, 2025, the salary increase shall be four percent (4%).

2. Effective July 1, 2026, the salary increase shall be three and onehalf percent (3.5%).

3. Effective July 1, 2027, the salary increase shall be three and oneDeleted: salary and benefit Deleted: Market Equity Adjustments
Deleted: <#>Methodology¶
¶
Market Equity Adjustments shall be
suspended during the term of this
agreement, however, the parties
mutually acknowledge the need to
provide competitive compensation
packages to recruit and retain highly
qualified personnel. Further, although
the wage increases set forth herein not
based upon the survey method set
forth below, the parties believe the
enhanced wages and benefits set forth
in this Agreement would satisfy the
survey criteria.¶
Formula for computing salary
adjustments: The salary ranges for all
classifications represented by the
Association shall be increased by an
amount determined by calculating the
percent difference between the¶
top step total compensation of the
classifications represented by¶
Section Break (Next Page)
the Association and the mean of the
top step total compensation for labor
market (as defined in Section IV)
classifications known on a specified
date, but effective no later than a
specified date. All calculations shall be
based upon a 40 hour workweek.¶
¶ ... [1]
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4 half percent (3.5%).

C. One-time Supplemental First Responder Base Wage Adjustments On a one-time basis and during the term of this Agreement these identified classifications (Police Officer, Police Sergeant, Public Safety Dispatcher and Public Safety Dispatch Supervisor) shall receive the following supplemental increases in addition to the increase identified in the General Salary Increase section above:

1. Effective July 1, 2025, the supplemental salary increase shall be three percent (3.0%).

2. Effective July 1, 2026, salary increase shall be one and one-half percent (1.5%).

3. Effective July 1, 2027, salary increase shall be one and one-half percent (1.5%).

VI. HEALTH AND WELFARE PROGRAM
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. 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.

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

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
Commented [A2]: Please note that there were
formatting shifts that had to be made to this section to implement the changes agreed to in the latest TA and
maintain consistency with the formatting of the MOU.

Formatted: Right: 1.17"
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Deleted: $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 1.5%
increase scheduled for the July 1,
2021.¶
Deleted: 3
Formatted: Right: 2.91", Space Before: 0 pt
5 Employee + 1 Dependent: $931-$1,164
Employee+ 2 or more Dependents: $1,230-$1,537
Effective for the 2026 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $513-$641
Employee + 1 Dependent: $1,025-$1,281
Employee+ 2 or more Dependents: $1,353-$1,691
Effective for the 2027 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $539-$673
Employee + 1 Dependent: $1,076-$1,344
Employee+ 2 or more Dependents: $1,421-$1,776
Effective for the 2028 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $566-$707
Employee + 1 Dependent: $1,130-$1,412
Employee+ 2 or more Dependents: $1,493-$1,866
D. 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 per month “cash-in-lieu” of benefits, which includes the PEMHCA minimum per section A above.

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Deleted:

Commented [A3]: Replaced “Cash in Lieu” with “Cashin-Lieu” to be consistent with the language below Deleted: may “cashout” up to¶
6 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 $450 per month of any money not used for the purchase of employer offered benefits.

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

4. For Regular Part-Time Employees working 30-35 hours the “cash-inlieu” 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.

E. 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.

F. The City shall provide to each bargaining unit member, at no cost to the bargaining unit member, a $50,000 life insurance policy.

G. Employees and their spouses or registered domestic partners and up to 2 children living in the same household, 18 years of age and under, may use the gym, exercise equipment and aquatics facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatics Center free of charge.

VII. UNIFORM ALLOWANCE
A. Police Officer, Police Sergeant, Community Service Officer, Animal Control Officer, and Vehicle Abatement Officer

1. Upon appointment to the classification of Police Officer, Community Service Officer, Animal Control Officer, or 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 Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of 12 months of continuous active employment or Deleted: of any money not used for the
purchase of employer offered benefits.

Any “cashout”
Commented [A4]: Formatting- Since this language
applies to both Cash in lieu and Cafeteria plan cash
back, the City proposes separating this sentence from
subsection 2, and making this #3.

Formatted: Font: 12 pt
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Right: 0", No bullets or numbering, Tab stops: Not at 1.99" Commented [A5]: Incorporated what used to be
Attachment B into the body of the MOU
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numbering
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7 upon reinstatement, Police Officers and Police Sergeants shall receive a monthly uniform allowance of $100.

3. Upon completion of 12 months of continuous active employment or upon reinstatement, Community Service Officers, Animal Control Officers, and Vehicle Abatement Officers shall receive a monthly uniform allowance of $100.

4. If the employment of a Police Officer, Community Service Officer, Animal Control Officer, or 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 Provision VII.A.3.above shall be returned to the City.

B. Public Safety Dispatchers, Public Safety Dispatch Supervisors, Public Safety Clerks, Property and Evidence Technicians and Police Records Supervisors

1. Upon appointment to the classifications of Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records Supervisor, a full-time regular employee shall be reimbursed by the City for the purchase of City-approved uniform shirts and pants up to an amount equal to the maximum of the annual uniform allowance in effect on the date of appointment to Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records Supervisor. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of 12 months of continuous active employment or upon reinstatement, Public Safety Dispatchers, Public Safety Dispatch Supervisor, Public Safety Clerks, Property and Evidence Technicians, and Police Records Supervisors shall receive a monthly uniform allowance of $45.

VIII. VACATION LEAVE
A. Beginning on the 90th day of employment, regular full-time sworn employees shall be eligible to earn vacation leave. Upon completion of said period of service, regular full-time sworn employees shall be credited with 22.5 hours of vacation leave and shall thereafter accrue vacation leave at the rates provided in Section C below for sworn employees.

B. Beginning on the 90th day of employment, regular full-time non-sworn employees shall be eligible to earn vacation leave. Upon completion of Deleted: and
Deleted: or
Deleted: Lead Public Safety
Dispatchers,
Deleted: Effective July 1, 2019 u
Deleted: Lead Public Safety Dispatcher,
Deleted:

Deleted: Lead Public Safety Dispatcher,
Commented [A6]: Based on the proposed revised
language to B1 above, which now applies to all
employees— the City proposes deleting the language
in B2.

Deleted: ¶ ... [3]
Deleted: Lead Public Safety
Dispatchers,
Deleted: <#>Motorcycle Duty
Deleted: <#>¶
Upon approval of the Police Chief,
employees assigned to motorcycle duty
will be provided one pair of boots, two
pairs of trousers, and one leather
jacket. The motorcycle apparel shall
conform to Police Department
standards established by the Police
Chief. Replacement of damaged or
used apparel shall be at the discretion
of the Police Chief. Employees shall
either return the leather jackets at the
completion of the motorcycle
assignment or purchase the jacket
issued to the employee from the City at
a cost of $250. Duration of motorcycle
duty assignments shall be at the
discretion of the Police Chief
Deleted: <#>.¶
8 said period of service, regular full-time non-sworn employees shall be credited with 20 hours of vacation leave, and shall thereafter accrue vacation leave at the rate provided in Section C below for non-sworn employees.

C. Vacation leave entitlement for regular full-time employees following completion of 90 days of continuous service is listed below.

1. Eligible sworn employees who have served less than five (5) years with the City shall earn vacation entitlement at the rate of 7.5 hours per month.

2. Eligible non-sworn employees who have served less than five (5) years with the City shall earn vacation entitlement at the rate of 6.67 hours per month.

3. Eligible sworn and non-sworn employees during their fifth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of ten (10) hours per month.

4. Eligible sworn and non-sworn employees during their tenth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 13.34 hours per month.

5. Eligible sworn and non-sworn employees during their fifteenth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 14.667 hours per month.

6. Eligible sworn and non-sworn employees during their twentieth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 16.67 hours per month.

D. Regular full-time employees who separate from City service after 90 days of continuous service shall be paid for that part of their 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 completion of a 90 day employment period shall not be entitled to compensation for vacation leave, as none has been accrued.

E. Upon separation from the City, a regular full-time employee will receive prorated vacation credit if the employee is actively at work or on a leave with pay for at least fifteen (15) calendar days during a month to accrue credit for that month.

F. The Police Chief shall set the shift work schedules no later than October Deleted: his/her
9 1st in the calendar year of the bid for the following year’s schedule. The NPA shall coordinate the bids for shift and the bids for vacation as soon as possible after the work schedules are set. Shift and vacation schedules must be completed and submitted to Police administration by November 15 preceding implementation of the new work schedules. Any bids not completed or submitted will be determined at the sole discretion of the Police Chief.

G. It is the mutual understanding and intent of both parties that the term “vacation” for the purpose of determining when the employee is away from work includes the employee’s days off preceding and following their regularly assigned shift (e.g. If the employee works Friday through Sunday, then the employee is considered on vacation from the MondayThursday of the preceding week and from Monday-Thursday of the following week.) The City will not schedule a payback day or training day within this vacation period. This provision only applies to two vacation periods designated by the employee during the annual vacation selection process. Any member selecting a vacation consisting of three (3) or more consecutive workweeks will have the option to satisfy their payback day utilizing accrued paid time off to complete their work assignment for the FLSA work period. This provision does not affect the City’s ability to ensure proper staffing in the event of an emergency. Emergency shall include but not be limited to the necessity of replacing employees absent from work because of unanticipated and unavoidable illness, injury or other good cause, including unplanned tactical operations. The Association and City agree that every attempt will be made for payback days to be scheduled to coincide with the employees’ normal workweek.

However, if that is not possible the City may assign the payback day as needed.

H. Regular part-time employees, upon completion of 90 days of continuous active service shall be eligible to accrue vacation leave hours each month as follows:
20-25 Hour 30-35 Hour
Work Schedule Work Schedule
Less than 5 years of service 3.33 – 4.16 5.00 – 5.83
During the 5th & following 5.00 – 6.25 7.50 – 8.75
During the 10th & following
During the 15th & following
During the 20th & following

6.67 – 8.33

7.33 – 9.16

8.33 – 10.41

10.00 – 11.67

11.00 – 12.83

12.50 – 14.58
Effective July 1, 2010, proration of RPT vacation leave will be based on actual hours worked or budgeted to work. For example, an RPT Deleted: his or her
Deleted: .-
Deleted: .
10 employee with one year of City service who works 35 hours per week will receive 5.836 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.

An eligible employee must be at work or on a leave with pay for at least one half of the regularly scheduled work days in a month to accrue vacation leave credit for that month. (One-half the month for regular parttime employees shall not be based on hours worked, but rather the number of regularly authorized work days.)
Regular part-time employees who separate from City service after 90 days of continuous active service shall be paid for accrued but unused vacation leave 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 part-time employees who terminate from City service prior to working 90 days of continuous active service shall not be entitled to compensation for vacation leave, as none has been accrued.

I. A regular full-time employee must be at work or on compensated leave for at least 80 hours during a month to accrue vacation credit for that month.

It is understood by the City and Association that leave benefits will be accrued and used on an hourly basis. When an employee on an alternative work schedule is on paid leave, the employee must chargeaccrued leave balances for the number of hours required to cover the number of hours scheduled to work (e.g. 12.5 hours of leave, 10 hours of leave, or 9 hours of leave).

J. The maximum accumulation of vacation leave hours will be limited to two times the employee’s annual accrual. The City Manager shall have the authority to allow an employee to exceed this maximum accumulation for 30 days.

K. Effective July 1, 2017, upon using one-half of the vacation time accrued during the 12-month period from July 1 through June 30, a regular fulltime employee may request to receive pay for up to a total of sixty (60) hours per fiscal year of vacation, forty-five (45) to fifty-two and a half (52.5) hours for 30-35 hour employees, and thirty (30) to thirty-seven and a half (37.5) hours for 20-25 hour employees in hourly increments at the current hourly salary rate provided there is a minimum of one (1) week (40 hours) remaining in the employee’s vacation bank after the conversion. 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.

By December 1 of each calendar year, eligible employees who want to cash out accrued vacation leave in the following calendar year shall Deleted: For calendar year 2022 only, the
total amount of vacation eligible for buyback will be increased one time to 100 hours for regular full-time employees, 85
to 92.5 for 30-35 hour employees, and 70
to 77.5 for 20-25 hour employees.¶
¶
Effective November 2022 -
11 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.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation buy-back program.

It is the employee's sole responsibility to address the tax consequences of cashing out accrued leave or the vacation buy-back program.

IX. SICK LEAVE
A. Purpose
The purpose of sick leave is to allow regular full-time and regular part-time employees who are ill or injured to remain absent from work with pay, within the limitations of this section. Sick leave is granted to a full-time or part-time employee to recover from illness or injury so as to be physically able to return to work. Employees may also use sick leave to care for their sick children, siblings, parents, or spouse / domestic partner. 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

1. Regular full-time employees may accrue sick leave with pay at the rate eight hours per month for each calendar month of service. Regular full-time employees shall accumulate unused sick leave at the rate of eight (8) hours per calendar month to a total of not more than 960 hours.

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Deleted: ¶
12 2. 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 sick leave credit of 24 hours.

3. A full-time employee must be at work or on compensated leave for at least 80 hours during a calendar month to accrue sick leave, retirement, and/or any benefits or awards relating to or contingent upon completion of a specified period of employment or length of service. It is understood by City and Association that leave benefits will be accrued and used on an hourly basis. When an employee on an alternative work schedule is on paid leave, the employee must charge accrued leave balances for the number of hours required to cover the number of hours scheduled to work (e.g. 12.5 hours of leave, 10 hours of leave, or 9 hours of leave).

4. Regular part-time employees, beginning on the 90th day of employment, 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 hrs/week 4-5 hours 480-600 hours
30 - 35 hrs/week 6-7 hours 720-840 hours
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. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

Regular part-time employees must be actively at work or on leave with pay for at least one half the regularly authorized work days in a month to accrue sick leave credits 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.)
Retirement Service Credit
Retirement service credit accounts have been established for each regular full-time and regular part-time employee in which that member may accrue retirement service credit toward early retirement under the Public Employees' Retirement System plan applicable to sworn and non-sworn employees. Retirement service credits cannot be used as sick leave as provided in this Agreement or the Personnel Rules and Regulations but 13 may be used only towards early retirement under the Public Employees' Retirement System. Sick leave credit accrued in excess of 960 hours for full-time employees, 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 960 hours, 720 hours, or 480 hours as applicable accumulation may designate a portion or all of their accumulation of sick leave credit after July 1, 1982 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.

D. Administration of Sick Leave

1. Whenever possible, employees will make medical and/or dental appointments during off-duty time. When an eligible employee is unable to schedule a medical and/or dental appointment for treatment of an illness or injury during off-duty time, with the approval of the Department Head, the employee may charge time off for the medical and/or dental appointment to sick leave.

2. In order to receive compensation while absent on sick leave, the employee shall notify their immediate superior or other competent authority as soon as practicable, preferably prior to the time set for beginning their daily duties. The employee must submit an application for sick leave showing such information as required by the Police Chief. Such applications shall be factually correct. The Police Chief may make such investigations as they feel necessary and may require supplemental information from the employee.

3. A sworn employee may charge sick leave for the difference between workers' compensation temporary disability payments and their full salary, until such time as a medical examiner certifies that the employee's condition has become permanent and stationary and that the employee is permanently precluded from performing the substantial range of the job duties performed by the employee at the time of industrial injury.

4. Where non-sworn employees receive workers' compensation salary continuation benefits, and where sick leave is approved, the City shall pay the non-sworn employee their full salary excluding there from the employee's workers' compensation benefits. The non-sworn employee's sick leave entitlement shall be charged on a pro rata basis.

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14 5. If an eligible employee uses sick leave any time in excess of two (2) continuous days, the Police Chief may require the employee to furnish a certificate from a licensed doctor of medicine, chiropractic medicine or ostheopathy or the employee’s choice, who has examined the employee, so that the employee’s condition and ability to return to work may be ascertained. In any case and at any time, the Police Chief may require submittal of periodic physician's reports concerning the employee's condition and ability to return to and/or continue work.

6. Whenever the Police Chief 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 Police Chief 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 their position classification, the Police Chief may require the employee to use accrued sick leave until sufficiently recovered to return to work.

7. Absence for illness may not be charged to sick leave not already accumulated by the employee.

8. An eligible employee absent from duty due to illness or injury who has been performing outside employment authorized by the Police Chief shall refrain from working at the outside employment until they are fully recovered from the illness or injury, unless specific approval is obtained from the Police Chief, or designee, to continue outside employment.

X. PERSONAL LEAVE
Regular full-time employees (prorated for regular part-time employees) may convert a maximum of the equivalent of one (1) work day (e.g., 8, 10, or 12.5 hours, dependent upon regularly assigned schedule) of sick leave to personal leave during each fiscal year. For example,a regular part-time employee whoi s
scheduled to work 35 hours per week and works 12 hour shifts may convert a maximum of 10.5 hours of sick leave to personal leave during the fiscal year.

Effective July 1, 2006, all non-sworn regular full-time employees representedby the Association shall be granted a maximum of two (2) hours of personal leave with pay each fiscal year. All non-sworn 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.

Effective July 1, 2008, In recognition of the unique work requirements that are specific to Dispatch employees that include but are not limited to; urgency conditions that interrupt schedules, loss of premium pay due to unscheduled Deleted: his/her
Deleted: he/she is
Deleted: <#>Sick Leave Incentive Program¶
¶
To minimize the impact on Police Department
operations due to unanticipated absences,a
sick leave incentive program is established for
regular full-time and regular part-time
employees represented by the Newark Police
Association. The sick leave incentive program
shall be administered as specified in the
following provisions of this agreement.¶
¶
Incentives shall be based on achieving perfect
attendance (defined as without use of sick
leave) during calendar quarters (January -
March, April-June, July - September, October -
December).¶
¶
Incentive payments shall be granted at two
levels which shall be Level A:¶
$50.00 per month for full-time employees,
$37.50 to $43.75 for 30-35 hour part- time
employees, and $25 to $31.25 for 20-25 hour
part-time employees for a calendar quarter
provided an employee had perfect attendance
during the previous calendar quarter and Level
B: $100.00 per month for full-time employees,
$75 to $87.50 for 30-35 hour part-time
employees, and $50 to $62.50 for 20-25 hour
part-time employees for a calendar quarter
provided an employee had three consecutive
calendar quarters of perfect attendance. The
following criteria shall be applied in
determining eligibility for the two levels of
incentive pay.¶
Section Break (Next Page)
LevelA¶
Employees who have successfully completed
nine (9) months of continuous active service in a regular full-time or regular part-time position represented by the Association shall be eligible
to earn a sick leave incentive payment after a
calendar quarter of perfect attendance.¶
¶
Employees hired before June 1, 1996 shall be
eligible to earna sick leave incentive payment
after completion of six (6) months of
continuous active service in a regular full-time
position represented by the Association.¶
¶
An employee who worksa calendar quarter
without the use of sick leave, will receive the
applicable Level A monthly incentive pay
($50.00, $37.50 to $43.75, or $25 to $31.25)
for the succeeding calendar quarter. If any sick
leave is used during the calendar quarter,
when the employee is receiving the LevelA
incentive pay, payment of the incentive pay
shall cease during the calendar quarter
immediately following the one in which the sick ... [24] 15 absences, dispatch employees will receive 10 hours of personal leave to be used only on the 10 hour payback day and after advanced scheduling and approval of the manager. Hours must be used during the fiscal year or they will be forfeited.

XI. OTHER LEAVES
A. Military Leave
Employees represented by the Association shall be entitled to military leave and leave of absence without pay as specified in the City's Personnel Rules and Regulations.

Any Association employee who is required to be absent from their employment as the result of military obligations; i.e., military leave, shall be paid by City at the regular rate of pay to a maximum leave period of thirty (30) consecutive calendar days (or up to 172 hours) in any fiscal year while so absent. Employees are required to use accrued leave for all absences due to voluntary military duty. See section XXI for additional military benefits.

B. Jury Duty

1. Regular full-time employees summoned to jury duty may be absent from duty provided that a copy of the summons is submitted to the employee's supervisor prior to jury duty and the employee is selected to serve on a jury.

2. Jury duty is based on an eight-hour day. If the employee’s regularly scheduled shift is over eight (8) hours, the employee may use accrued leave to cover the rest of their shift, or return back to work and complete the rest of their shift. Employees shall not receive any overtime or compensatory time for jury duty occurring on a regularly scheduled day off.

3. Upon approval of the Police Chief, an employee assigned to shift duty may be rescheduled to day shift if the Jury Commissioner will not excuse the employee, and the employee is selected to serve on a jury.

Rescheduling will only be considered if the employee has submitted the Chief's letter requesting that the employee be excused to the Jury Commissioner.

4. Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, who are summoned to jury duty and required to serve, may be absent from duty with pay as follows:

Deleted: his/her
16 Authorized Work Schedule Pay
20 - 25 hrs/week 4 hours of pay per day
30 - 35 hrs/week 6 hours of pay per day

5. Those sworn and non-sworn regular full-time personnel who are officially notified to be summoned to jury duty, and are scheduled to work beyond midnight, shall not return to work for a minimum of 9 hours after serving jury duty.

C. Bereavement & Reproductive Loss Leave

1. Regular full-time employees represented by the Association may be granted up to a maximum of forty (40) hours of paid
bereavement leave where there has been a death of a spouse, domestic partner, sibling,parent, parent-in-law, grandparent, grandchild, parent-in-law, grandparent-in-law, sibling-in-law, or child-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 80 hours of paid bereavement leave may be granted for the death of a biological child, adoptive child, or stepchild.

2. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, unsuccessful assisted reproduction, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

3. Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, shall be eligible for prorated bereavement and reproductive loss leave. 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 thirty-five (35) hours per week will receive up to a maximum of thirty-five (35) hours of bereavement or reproductive Formatted: Not Expanded by / Condensed by
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domestic partner, , son, daughter,
stepson, stepdaughter, sister,
brother,…ibling, mother, father,…arent,
stepmother, stepfather,…arent-in-law,
grandparent, grandchild, mother-in-law,
father-in-law,…arent-in-law,
grandparent-in- …aw, sister-in-law,
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maximum of 80 hours of paid
bereavement leave may be granted for
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stepdaughter… ... [26]
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17 loss leave per reproductive loss event. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for the proration. Bereavement and reproductive loss leave will be prorated as follows:

Work Schedule Prorated Bereavement and
Reproductive Loss Leave
20 - 25 hrs/week up to a maximum of 20-25 hours
30 - 35 hrs/week up to a maximum of 30-35 hours
XII. HOLIDAYS
A. Regular full-time employees in the classifications of Police Officer, Police Sergeant, Public Safety Dispatcher, and Public Safety Dispatch Supervisor, shall receive as compensation in- lieu of holidays an amount equal to 7% of their current base pay step, which in-lieu payment shall be paid each pay period. The in-lieu compensation factor of 7% shall not be applied and added to any payment for overtime work or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an employee except their current base pay step.

B. During the term of this agreement the classifications of Animal Control Officer, Community Service Officer, Police Records Supervisor, Property and Evidence Technician, Public Safety Clerk, Red Light Photo Enforcement Technician, and Vehicle Abatement Officer shall be eligible for the following holidays:
• January 1, New Year's Day
• Third Monday in January, Martin Luther King, Jr., Day • Third Monday in February, President's Day
• Last Monday in May, Memorial Day
• June 19, Juneteenth
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veteran's Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• Last work day before Christmas
• December 25, Christmas Day
• Two Floating Holidays, to be scheduled subject to Department Head approval.

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

Holidays shall not be carried over from one fiscal year to another. Upon termination, an unused holiday cannot be converted to cash. An employee must be employed in a covered classification by January 1st to be eligible for the floating holidays.

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Deleted: and
Deleted: / Lead Public Safety Dispatcher,
Deleted:

Deleted: 5
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Deleted: ¶
Deleted: Effective July 1, 2022 the in-lieu
compensation factor will increase from 5%
to 7%.¶
Deleted: Animal Control Officer,
Deleted: and
Deleted: <#>Employee's Birthday, to
be taken within the fiscal year of the
employee's birthday, subject to
Department Head approval¶
Deleted: employee birthday holiday and
the …
18 C. When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on the second day of two consecutive scheduled days off, the day following the days off shall be observed.

When a holiday falls on the first day of two consecutive scheduled days off, the day preceding the days off shall be observed.

D. When a regular full-time employee who receives holiday-in-lieu pay is assigned to a light duty assignment on a 40-hour per week work schedule, said employee shall continue to receive holiday-in-lieu pay and will be required to work on holidays that occur during the work week.

E. The proration of holiday-in-lieu pay for regular part- time (RPT) employees in the classification of Public Safety Dispatcher or Public Safety Dispatch Supervisor will be based on actual hours worked or budgeted to work. For example, an RPT employee who is budgeted to work 35 hours per week will earn a prorated amount of holiday-in-lieu compensation based on a 35 hour per week work schedule. The in-lieu compensation factor shall not be applied and added to any payment for overtime work or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an employee except their regular pay.

F. Regular full-time employees represented by the Association who are assigned to work an alternative work schedule but who are not eligible for holiday-in-lieu pay will receive eight (8) hours of holiday leave for each official holiday set forth in the MOU. (Holiday leave is defined as an eight (8) hour day). The employee will receive eight hours of holiday pay at the straight time hourly rate and the additional hours to complete the shift must be charged to accrued vacation, comp time, or holiday comp time leave. When an employee works on a holiday or a holiday falls on a regularly scheduled day off the employee shall accrue eight (8) hours of holiday comp time (HCT). On the June 30 pay check, any unused holiday comp time (HCT) in excess of 26 hours will be paid to the employee at the straight time hourly rate in effect in June of that year. Those employees that utilize the holiday leave in observance of the holiday shall either utilize accrued vacation, compensatory time off, or holiday comp time for the remaining two (2) hours of their scheduled shift, or with the consent of their department, flex their work schedule during the same workweek as the holiday and work an additional two (2) hours at straight time.

XIII. PAY UPON PROMOTION
In the case of promotions to classes covered by this memo, the City agrees to pay the promoted employee a minimum of 5% above the top step of the range from which they were promoted.

Deleted: Effective July 1, 2010 t
Deleted: / Lead
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Deleted: ELIMINATION OF OVERLAPPING
Deleted: RANGES
Commented [A12]: Section title change suggestion to
better represent benefit.

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19 XIV. CERTIFICATE INCENTIVE PAY
The City shall provide the following Certificate Incentive Pay for personnel represented by the Association who receive a California P.O.S.T. Intermediate or Advanced Certificate.

The effective date for payment of Certificate Incentive Pay shall be the payroll period immediately following the date on the P.O.S.T. certificate.

The provision of Certificate Incentive Pay is not intended as an inducement or directive to employees to conduct personal education programs beyond the programs required and/or provided by the City. The course work is undertaken voluntarily by the employee and not subject to remuneration under provisions of the Fair Labor Standards Act.

A. Certificate Incentive Pay for Police Officer and Police Sergeant will be:

P.O.S.T. Intermediate Certificate 5% of base hourly pay rate per month P.O.S.T. Advanced Certificate 10% of base hourly pay rate per month B. Certificate Incentive Pay for Public Safety Dispatcher and Public Safety Dispatch Supervisor will be:

P.O.S.T. Intermediate Certificate 3.5% of base hourly pay rate per month P.O.S.T. Advanced Certificate 7% of base hourly pay rate per month XV. OVERTIME
A. Regular Full-time Employees
Overtime for all regular full-time employees shall be defined as that time worked in excess of the regularly assigned shift. Overtime shall be paid for actual hours worked when an employee’s overtime hours are consecutive with the beginning or end of their regular shift. All overtime as above defined shall be paid at the rate of time and one-half of the regular hourly rate of pay for all positions or be granted as compensatory time off at the rate of time and one-half.

B. Regular Part-time Employees
Overtime for all regular part-time employees shall be defined as that work performed in excess of twelve and one-half (12.5) hours in a workday or forty (40) hours of actual work in a scheduled workweek. All overtime as above defined shall be paid at the rate of time and one-half of the regular hourly rate of pay for all positions or be granted as compensatory time off at the rate of time and one-half.

Deleted: sworn
Deleted: :

Deleted: Effective July 1, 2019, Certificate
Incentive Pay will be
Deleted: 
Commented [A13]: The language in this section was
inconsistent with regard to this term, some had “pay”
others had “rate”. The City suggests that they all be
“pay rate”.

Deleted: $460
Deleted:  $650
Deleted: Effective July 1, 2020,
Deleted: $480
Deleted: $685
Deleted: The effective date for payment of
educational incentive pay shall be the
payroll period immediately following the
date on the P.O.S.T. certificate.¶
The provision of educational incentive
pay is not intended as an inducement or
directive to employees to conduct
personal education programs beyond the
programs required and/or provided by the
City. The course work is undertaken
voluntarily by the employee and not
subject to remuneration under provisions
of the Fair Labor Standards Act.¶
¶
Effective July 1, 2019, Certificate
Incentive Pay for dispatch personnel will
be:¶
P.O.S.T. Intermediate
Certificate $120.00 per month¶
P.O.S.T. Advanced Certificate $200.00
per month¶
¶
Effective July 1, 2020, Certificate
Incentive Pay for dispatch personnel will
be:¶
P.O.S.T. Intermediate Certificate $160.00
per month¶
P.O.S.T. Advanced Certificate $250.00
per month¶
¶
Effective July 1, 2021, Certificate
Incentive Pay for dispatch personnel will
be:¶
P.O.S.T. Intermediate Certificate $200.00
per month¶
P.O.S.T. Advanced Certificate $300.00
per month¶
¶
The effective date for payment of
educational incentive pay shall be the
payroll period immediately following the
date on the P.O.S.T. certificate.¶
¶ ... [29]
20 C. Compensatory Time Off
Accumulation of compensatory time off shall be limited to 160 hours and shall only be available in accordance with federal regulations implementing the Fair Labor Standards Act. When an employee reaches the maximum accumulation of 160 hours, the employee shall receive overtime pay for time worked in excess of the regularly assigned shift. The maximum accumulation of compensatory time off shall be 220 hours.

All compensatory time off accruals and compensatory time off elected for cash out count toward the 220 hours limit.

1. Voluntary Election to Cash Out Compensatory Time Off By December 1 of each calendar year, eligible employees may voluntarily and irrevocably elect to cash out compensatory time in the following calendar year, all compensatory time earned during the applicable calendar year and remaining at the end of that calendar year will be cashed out in the last full pay period of the calendar year. Should the employee transition outside of NPA, the irrevocable election remains in place for the calendar year.

Each year the employee will have the option to elect to irrevocably cash out compensatory time for the subsequent calendar year.

The City makes no representations as to the tax counsequences of an employee cashing out accrued leave or the compensatory time cash out program. It is the employee's sole responsibility to address the tax consequences of cashing out accrued leave.

2. Non-election of Compensatory Time Off Cash-Out
If an employee does not irrevocably elect to cash out compensatory time in the following calendar year, the compensatory time leave accrued in that calendar year will be credited to the employee’s compensatory time off account until the compensatory time off account is credited to the maximum accrual amount. Unused compensatory time will carry over from one calendar year until the next is exhausted.

Should the employee transition outside of NPA, the subsequent MOU provisions of the new employee group will apply to any remaining compensatory leave. Upon separation from City service, all earned compensatory time will be paid in cash.

D. Compensatory Time Off for School Resource Officers
School Resource Officers worka9 hour day, 45 hours per week schedule and therefore, accumulate 5 hours of compensatory time per week. If a Deleted: Effective December 15, 2022, t
Deleted: Compensatory time accrual may
be cashed-out for up to 80 hours per
fiscal year. Cash out will be in November
and April of the fiscal year. This provision
terminates December 31, 2022. ¶
The Association and the City agree to
meet and confer prior to December 31,
2022 to develop a process related to the
cash out of compensatory time. The new
process will be implemented in calendar
year 2023 with the goal to comply with
constructive receipt requirements in
calendar year 2023.¶
Deleted: Effective December 2022 – To
cash out compensaroty time that is
accrued in calendar year 2023, the
employee must make an irrevocable
election by December 18, 2022 that all
compensatory time earned in calendar
year 2023 and remaining as an accrual
as of the last full pay period in December
2023, will be cashed out during said pay
period. ¶
Effective December 2023 and each year
thereafter–
Deleted: roty
Deleted: For future years, subsequent
MOU provisions of the new employee
group will apply to compensatory time off.

Deleted: ¶
Deleted: or the vacation buy-back
program…
Deleted: ,
21 School Resource Officer works the standard 9 hour day, 45 hours per week schedule, the accumulation of compensatory time off shall be limited to 320 hours. At the termination of an assignment as a School Resource Officer, a plan shall be developed with the Officer to reduce the compensatory time leave balance to 160 hours within six months from the end of the assignment. If a School Resource Officer elects to work an alternative schedule (e.g., a 4/10 or a 9/80 work schedule), then the accumulation of compensatory time off shall be limited to 160 hours.

E. Call-Back Minimum

1. Regular full-time and regular part-time employees shall be eligible for a four (4) hour call-back minimum when the call back is for an unscheduled event that occurs more than two (2) hours after the end of the shift and within nine (9) hours of their assigned end of shift except as provided in Section XV.A above. Said employees shall receive, upon reporting a minimum of four (4) hours of work at the overtime rate, or if four (4) hours of work are not actually worked, a minimum of four (4) hours pay at the overtime rate.

2. Regular full-time and regular part-time employees who are called backto work for a planned event which is scheduled at least 24 hours in advance shall receive, upon reporting, a minimum of two (2) hours of work at the overtime rate, or if two (2) hours of work are not actually worked, a minimum of two (2) hours pay at the overtime rate.

3. The above call-back provision does not relate to official court appearances. Such court appearances shall be compensated as provided in this M.O.U.

4. A “call-back” occurs when an employee is required to return to their normal work location, or to travel to another work location at the direction of the city. A “call-back” does not occur when an employee handles a phone call at home or is otherwise not required to physically leave their residence. In such situations, the employee shall be compensated for any time actually worked at the overtime rate, but will not be entitled to the call-back minimum.

XVI. MINIMUM COURT TIME PAY
A. The City shall pay a minimum of four hours overtime at time and one-half pay to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business during their scheduled days off. For purposes of this section, the phrase "scheduled days off" refers to days on which the officer is not scheduled for duty. Scheduled days off does not include sick leave, 4850 Deleted: his or he
Deleted: r
Deleted: his or her
Deleted: <#>All of the following
conditions must be present before a
Detective may be called from off duty:

Deleted: <#>¶
The crime must be one ordinarily
assigned to the Detective Division for
investigation.¶
There must be some urgency which
requires immediate detective
participation.¶
¶
There must be specific tasks to be
performed or specific leads to be
followed up which by their nature
require the detective's expertise.¶
¶
The patrol supervisor must approve
the call-out.¶
¶
The detective assigned to the type of
crime in question shall be called out, if
the above conditions are present. If
that detective is not available, any
detective who can respond shall be
called out.¶
22 leave, leave without pay, or shift trades between employees.

B. The City shall pay a minimum of four hours overtime at time and onehalf pay to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business if their assigned work schedule is beyond midnight and if court appearance is within nine (9) hours of their assigned end of shift but more than two (2) hours before or two (2) hours after the assigned shift.

C. The City shall pay a minimum of four hours overtime at time and one-half hourly pay rate to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business during their scheduled days on duty if they are serving duty on the B and C shifts provided they are scheduled to appear more than two (2) hours after the end of their assigned shift.

D. The City shall pay a minimum of two hours overtime at time and one-half to sworn and non-sworn regular full-time personnel scheduled to appear in court on the day normally scheduled to work provided they are scheduled to appear at least two hours prior to the assigned shift.

E. The City shall pay a minimum of two hours overtime at time and one-half pay to those sworn and non-sworn regular full-time personnel assigned to B or C shifts, or on day off who are not notified that their subpoenaed appearance in court is not required if the notification is not received by 10:00 hours on the day of the court appearance provided that the employee has called the appropriate agency to ascertain attendance requirements.

F. Minimum court time pay does not apply to employees on 4850 industrial leave, sick leave, leave without pay, or shift trades between employees.

1. An employee who is on sick leave on the date of the actual court appearance shall receive straight time pay for time spent at court.

2. An employee who appears in court while on industrial disability leave (4850 industrial leave) shall be ineligible for court pay, at either the straight-time or the time-and-one-half rate, but shall, instead, receive only their industrial leave (4850 leave) pay.

3. An employee who appears in court while on leave of absence without pay shall receive straight time pay for actual time spent at court, provided that prior approval for such pay has been authorized by a Police Lieutenant in advance of court appearance.

G. Only one four-hour minimum shall be paid per calendar day.

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Deleted: his/her
23 XVII. DETECTIVE ON-CALL ALLOWANCE
A. One detective may be assigned by the Police Chief, or designee, to oncall duty. The terms, conditions, and procedures for on-call duty shall be determined by the Police Chief. The City maintains the right to discontinue the on-call duty program at its sole discretion.

B. The detectives assigned to on-call duty shall receive, in addition to monthly salary, one hundred seventy-five dollars ($175.00) for each full week (seven day period) assignment.

C. Payment of the on-call allowance shall be prorated if the week assignment is not completed.

D. The on-call allowance will not be included as compensation when computing overtime pay, retirement or workers' compensation benefits.

E. The Police Chief shall establish terms and conditions for on-call duty pay.

XVIII. USE OF CITY VEHICLES
A. Police Officers who are assigned as Detectives and who live within the Newark city limits are authorized to utilize their assigned City-owned vehicles to commute to and from work and to lunch within the City limits.

At the sole discretion of the Police Chief, the requirement that employees live within city limits may be waived. The City-owned vehicle shall not be utilized for any purpose not related to official City business.

B. Police Officers who are assigned as Canine Handlers are authorized to utilize their assigned City-owned vehicle to commute to and from work a distance not to exceed 40 air miles one way. At the sole discretion of the Police Chief, the 40 air miles requirement may be waived. The City-owned vehicle shall not be utilized for any purpose not related to official City business.

C. Police Officers who are assigned as Motor Officers and Sergeants are authorized to utilize their assigned City-owned motorcycles to commute to and from work a distance not to exceed 40 air miles one way. At the sole discretion of the Police Chief, the 40 air miles requirement may be waived. The City-owned motorcycles shall not be utilized for any purpose not related to official City business.

XIX. TUITION FEES AND BOOK COSTS REIMBURSEMENT
A. Regular full-time and regular part-time employees are eligible on a firstcome, first-served basis for the educational reimbuesement of tuition fees and book costs.

Deleted: Effective July 1, 2007, t
24 B. The City shall establish a fund of $15,000 which shall be the City's total obligation for financing tuition fees and book costs incurred for courses completed within each fiscal year of this Memorandum of Understanding by the employees represented by the Newark Police Association.

Reimbursement to individual employees shall not exceed $1,500 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 $1,500 per employee limit, up to their maximum expense incurred. Reimbursements taxable under the IRS will be taxed to comply with IRS regulations.

C. Reimbursement shall be made for 100% tuition fees and book costs of satisfactorily completed courses taken in the pursuit of an Associate, Bachelor's or Master's Degree in the Administration of Justice, Political Science, Psychology, Public Administration, Criminology, Law, or Sociology, or any field directly related to police services. Reimbursement shall also be made for such fees and costs for a particular course in any of these fields, including any field directly related to police services, even though such course is not taken in pursuit of any of the above degree programs.

D. An employee may petition their Department Head for authorization to be reimbursed for courses which are not specifically enumerated above but are in a field directly related to police services and which will maintain or improve job-related skills. Denial of such petition is subject to the Grievance Procedure provided in this M.O.U. except that all parties will accept the fact finders decision as final.

E. Procedure

1. An eligible employee shall request written approval from the Police Chief to be reimbursed for courses or approved fees authorized under this provision prior to registration in the course or educational program (i.e. Saint Mary’s College bachelor’s or graduate programs).

2. Reimbursement shall be made for 100% 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 courses required to obtain the degree will equal the average course fee.

3. Satisfactory completion shall be construed to mean the attainment of a Deleted: his/her
25 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.

4. Reimbursement shall be processed upon evidence of the successful completion of a course(s) and in accordance with the Human Resources Department’s Educational Reimbursement procedures.

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

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

It is the intent of this policy that all employees, though eligible for reimbursement of expenses, shall carry out their educational programs on their own personal time. Departmental shifts may be arranged to allow an employee to enroll in a college program with reasonable assurance that course attendance shall not be disrupted at mid-semester or mid-quarter.

This policy does not guarantee that such disruption shall not occur; however, the Police Chief 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.

XX. RETIREMENT BENEFITS
A. All Association 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”.

B. The City shall continue to provide to all sworn Classic Members of the 26 Association a retirement formula known as “3% at 50" together with the 1959 survivor benefit option and a credit for unused sick leave option.

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 of 13%.

The Association’s Classic sworn 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% at 50 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 of the contract, if the rate over 17.00% decreases, the Classic Association 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 Association 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 Classic sworn Association 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 Classic sworn Association members’ rate would decrease by 1.00%.

C. The City shall continue to provide to all non-sworn Classic members of the Association a retirement formula known as “2.5% at 55" together with the 1959 Survivor Benefit option and a credit for unused sick leave option.

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 2.971% of an additional contribution in accordance with the MOU formula and the 2009 cap for a current total of 10.971%
In addition, the Association’s 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 Association 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.
27 The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to

10.00%, each Association member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases from 10.00% to 13.00%, each Association 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 from 13.00% to 11.00%, the Association member would contribute 0.50% of the increase above 10.00% from their salary to pay for the retirement benefit. The City would then be responsible for the matching 0.50%.

D. The City shall provide to sworn members of the Association 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 association members 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 sworn PEPRA members currently pay an additional contribution of 1.5% of the employer rate. If CalPERS approves a contract amendment for the City of Newark that eliminates the 1.5% contribution the City agrees to amend its contract for sworn PEPRA members accordingly.

E. The City shall provide to all non-sworn members of the Association 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.

Deleted: his/her
Deleted: his/her
Deleted: his/her
Deleted: M
Deleted: M
Deleted: (currently 12%),
Deleted: M
Deleted: will
Deleted: 4.0
Deleted: for a total of 16%.

Deleted: charges Sworn New PEPRA
Members an additional
Deleted: 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 NPA Sworn Classic
Members, NPA Non-Sworn Classic and
NPA Non-Sworn New PEPRA Members),
Deleted: S
Deleted: New
Deleted: M
Deleted: 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%.¶
28 Non-sworn members of the Association 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 (currently 6.25%), non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members of the Association pay.

F. All Association members’ cost sharing contributions will be tax deferred.

G. All Association non-sworn Miscellaneous Group employee members will not pay any increase in the CalPERS employee cost share after June 30, 2009. The Miscellaneous Group’s CalPERS cost share will be capped at the current 2.971% rate.

H. The parties acknowledge that the City must comply with the provisions of the Public Employees’ Pension Reform Act of 2013. To the extent additional changes to the terms and conditions of employment are required by the Public Employees’ Pension Reform Act of 2013 or any other law, the City agrees to meet and confer over the effects of any changes that it is required to make during the term of this agreement.

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

J. The City shall continue to provide a retiree provision in all group health plans in which City personnel may participate.

K. Effective October 15, 2000, the City amended its contract with CalPERS to provide sworn members of the Association the ability to purchase up to four years of service credit for any continuous active military service prior to employment.

L. Effective, January 26, 2001, the City amended its contract with CalPERS to provide sworn members of the Association the indexed level 1959 survivor benefit option. The Association members agree that any costs now or in the future for the Indexed level 1959 survivor benefit will be paid by the members.

M. Effective November 16, 2004, the City amended its contract with CalPERS to provide for the Pre-Retirement Optional Settlement 2 Death Benefit for sworn members. The Association members agree that any costs now or in the future for the Pre-Retirement Optional Settlement 2 Death Benefit will Deleted: Effective July 16, 2006, a
Deleted: As negotiated in in 2008,
effective July 1, 2009 a
29 be paid by the members.

XXI. EXTENSION OF MILITARY BENEFITS
A. This program covers non-probationary, regular, part-time and full-time employees. In addition to the 30 days of fully paid annual military leave provided under the California Military and Veterans Code §395.01 and 395.02, the City will pay additional wages to supplement the employee’s income in an amount equal the employee’s regular City monthly compensation less military pay for up to an additional 150 days. Thus, if an employee is ordered to military leave, that employee will receive full compensation for the first 30 consecutive calendar days (as required by the Military and Veterans Code §395.01 and 395.02), and supplemental compensation for up to 150 consecutive calendar days.

B. Employees will be required to provide copies of their military pay stubs for reconciliation purposes. Payments will be reconciled quarterly by the Finance Department. If the Finance Department has not received military pay information within three weeks after the end of the quarter, future checks may be held until the information is provided.

C. Payroll deductions related to employee-paid health insurance, dental insurance, retirement, vision insurance, short term disability insurance, long term disability insurance, and/or life insurance will continue during the employee’s absence.

D. Employees who are on paid military leave will continue to accrue seniority, retirement benefits, sick leave, vacation, and shall receive holidays and salary adjustments. When the supplemental compensation ends, employees will continue to accrue seniority and retirement benefits. In order to continue retirement credit for military leave, the employee must request a military credit at any time after returning from military leave, but prior to separation or retirement.

E. For purposes of this policy, employees become eligible for the program after 30 days of military leave have been used, including any military leave that may have been used during this calendar year prior to military activism.

F. Affected employees must request in writing to the City Manager’s Office via their department head, to participate in this program as soon as they are aware that their military leave will extend beyond 30 days. Employees must provide military orders or other official military documentation validating military leave requirements to their supervisor as soon as possible. The supervisor will then forward a copy to Human Resources and Finance.
30 G. An employee voluntarily enlisting for active duty service is not eligible for this program.

H. The City expects employees who benefit from this program to return to employment with the City after serving their military duty.

XXII. LONGEVITY PAY
A. Regular full-time employees in the classifications of Police Officer and Police Sergeant are eligible for longevity pay as follows:

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 employees in the classifications of Police Officer and Police Sergeant.

B. For service to meet the requirements of longevity pay, it must meet all of the following criteria:
• Full-time sworn classifications represented by the City of Newark Police Association, including probationary time through June 30, 2022; and
• Effective July 1, 2022, 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
• Continuous service or service that qualifies under reinstatement procedures; 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.

XXIII. SPECIAL ASSIGNMENT PAY
A. Police Officers assigned as Field Training Officers to train Police Officers or Police Reserves shall receive a five percent (5%) of top Police Officer pay step base salary differential, which shall not affect the amount of holiday in lieu or educational incentive pay received while performing Field Training Officer duties.

B. Public Safety Dispatchers formally assigned by the Police Chief to train other Public Safety Dispatchers as part of a formalized departmental Deleted: Effective July 1, 2019 the r
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Commented [A15]: Formatting: This language is not
formatted in the 07/22 side letter, but the City believes it was meant to be added as a separate bullet point, as suggested here.

Formatted: Indent: Left: 2", Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25"
Deleted: <#>Field Training¶
¶
Deleted: <#>Public Safety Dispatcher /
Lead Public Safety Dispatcher Training¶
¶
Deleted: <#>/ Lead Public Safety
Dispatchers
Deleted: <#>/ Lead Public Safety
Dispatchers
31 training program shall receive a five percent (5%) salary increase during such assignment, which shall not affect the amount of holiday-inlieu pay received while performing Public Safety Dispatcher training duties. Public Safety Dispatchers are not eligible for this salary increase when acting as Public Safety Dispatch Supervisor and receiving acting pay for that assignment.

C. Employees assigned in writing by the Police Chief to perform the duties of a higher classification on an "acting" basis shall receive a five percent (5%) salary increase for hours worked from the first day of the acting assignment. In the event an employee in an acting assignment is absent from work because of illness or injury, the City may terminate the acting assignment.

D. Police Officers and Sergeants assigned to one of the following special duty assignments shall receive special assignment pay of 5% of base compensation per month:
• School Liaison Officer
• School Resource Officer
• Professional Standards and Training Officer
• Detective
• Canine Handler
• Motor
• Special Enforcement Team
• Any other position approved by the Police Chief
E. Police Officers who are assigned as Canine Handlers will also receive a maintenance allowance of $100.00 per month which will be treated as salary. The maintenance allowance is intended to cover expenses that are incurred as a direct result of housing the animal at the Officer’s residence.

These expenses include, but are not limited to, yard/interior home spraying, carpet cleaning, and general maintenance of the property to ensure the dog’s safety and well-being.

F. Employees represented by the Association will receive bilingual assignment pay of $100.00 per month. Eligibility for bilingual assignment pay shall be made subject to the following conditions and in accordance with 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.

Deleted: <#>¶
Deleted: <#>
Deleted: <#>
Deleted: <#>/ Lead Public Safety
Dispatcher …
Deleted: <#>and Lead Public Safety
Dispatchers …
Deleted: <#>Acting Sergeant Pay¶
¶
A Police Officer…
Deleted: <#>Police Sergeant
Deleted: Effective July 1, 2019,
Deleted: positions
Commented [A16]: clarification
Deleted: $425
Commented [A17]: clarification
Deleted: Effective July, 2022, Police Officers
and Sergeants assigned to one of the above
listed positions shall receive special
assignment pay of 5% of base compensation
per month. ¶
32 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.

XXIV. SAFETY TRAINING AND EQUIPMENT
A. Animal Control Officer
The City shall provide safety training and equipment necessary to minimize the potential for work related injuries.

B. Firearm
An employee represented by the Association authorized by the Police Chief to carry a firearm in the course of employment, shall be provided a department-issue firearm. Department-issue firearms shall be the property of the City and must be returned to the City upon separation of employment, request of the Police Chief, or when an employee purchases and uses an alternative firearm approved by the department. The selection of the department-issue firearm shall be the sole discretion of the City.

Implementation of this provision shall be subject to an analysis and recommendation of an appropriate department-issue firearm acceptable to the City Manager.

C. The City will continue to provide Police Officers, Police Sergeants, Community Sevices Officers, Animal Control Officers, and Vehicle Abatement Officers the following safety and protective items: Holster, Gunbelt, Magazine Holder, Flashlight, Handcuffs, Handcuff Case, Baton, Baton Ring, Chemical Agent, Chemical Agent Holder, Ballistic Vest (Minimum Threat Level 2), and Belt Keepers.

Equipment will be Accumold, basket weave, or a similar style as approved by the Police Chief.

D. Motorcycle Duty
The City shall furnish uniformed motor officers with appropriate safety and protective equipment necessary for the performance of their duties. All motorcycle apparel provided shall conform to the standards established by the Police Department, as determined by the Police Chief. The replacement of worn or damaged apparel shall be at the sole discretion of Deleted: uniformed members of the
Association…
Commented [A18]: clarification
Deleted: 3
Deleted: “web gear”
Commented [A19]: The City updated the language to
reflect current practice, please let us know if you’d like to discuss.

Commented [A20]: Moved from section VII (Uniform
Allowance) and updated to reflect current practice
Formatted: Indent: Left: 1.86", Right: 1.03"
33 the Police Chief. Provided items may include, but are not limited to, the following: motorcycle helmet, leather or Kevlar riding jackets, Class A wool shirt and britches, Motor Port motorcycle pants, daytime and nighttime eyewear, and motorcycle gloves.

XXV. PER DIEM EXPENSE
The City shall provide suitable lodging or reimburse lodging expense incurred pursuant to current reimbursement rates for employees assigned to mutual aid, riot, or civil demonstration where employees are required to remain overnight.

The City shall provide meals or reimburse for meals pursuant to current reimbursement rates for employees assigned to mutual aid.

XXVI. 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 or by 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 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 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.

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34 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.

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 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 they erroneously file 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.

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, they 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.

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35 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.

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 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 factfinders 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.

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.

XXVII. WORK SCHEDULES
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36 A. Police Officer and Police Sergeant

1. Sworn personnel shall utilize a work schedule known as a “160-Hour (3/12½) Work Schedule”. Assignment to the 160-Hour (3-12½) Work Schedule shall include sworn regular full-time employees assigned to patrol. Eligibility for assignment to a Four-Ten Work Schedule shall include those special duty assignments listed in Section XXIII.D.

B. Animal Control Officer, Community Service Officer, and Vehicle Abatement Officer

1. Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers will normally be assigned to a Four-Ten Work schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives.

2. During any permitted meal periods, Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers assigned to Patrol Division will be on an on-duty status and shall be available to respond to requests for police services.

C. Public Safety Dispatcher / Lead Public Safety Dispatcher

1. Regular full-time Public Safety Dispatchers, and Public Safety Dispatch Supervisors, shall utilize a work schedule known as “3/12½ Hour Work Schedule” with a paid lunch period. Typically, a Public Safety Dispatcher or Public Safety Dispatch Supervisor assigned to this schedule will work three days of 12.5 hours per week (37.5 hours) and one additional 10 hour day (47.5 hours) during the 28 day cycle.

2. Regular part-time Public Safety Dispatchers and Public Safety Dispatch Supervisors shall work a flexible schedule that does not normally exceed their designation of 20-25 hours per week or 30- 35 hours per week.

3. The Parties have agreed that it is in their best interests to investigate the options of a 7B Fair Labor Standards Act (FLSA) exemption from overtime requirements for Dispatch Employees.

D. Public Safety Clerk and Police Records Supervisor

1. A standard work schedule for the Public Safety Clerk and Police Records Supervisor shall be 40 hours per week. The normal workweek will be 40 hours with consecutive 8-hour days beginning or ending on any day of the week. The standard workweek begins at 12:00 a.m.

Sunday morning and ends at 11:59 on Saturday.

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language to reflect the current standard workweek.

Please note that prior language did not make sense
due to the midnight technicality (i.e.begins at 12:01 am on Monday and ends at 12:00 am midnight on
Sunday)
37 2. The Public Safety Clerk and Police Records Supervisor have the option to request working an alternate work schedule (Four-Ten). The authorization to work an alternate work schedule shall be the sole discretion of the department head. Operational needs of the department shall be the primary consideration in decisions to approve or deny requests.

E. Training

1. Employees authorized to attend schools for the purpose of training shall be assigned to a 40-hour, work week schedule. Work schedule adjustments may be authorized by the Police Chief to maintain the 160-hour work schedule requirement in a 28-day cycle or the 40 hoursper week for the four-ten work schedule. No overtime shall be paid for attendance at school unless specifically authorized by the Police Chief.

F. Notification of Shift Change

1. Twenty-one (21) calendar days notice shall be provided when employees are rotated, reassigned, or transferred from a regularly scheduled shift to another shift. Said twenty-one day notice shall not be required when an emergency necessitates a change in rotation, assignment or transfer. Emergency shall include but not be limited to the necessity of replacing employees absent from work because of unanticipated and unavoidable illness, injury or other good cause.

Members may challenge the decision of the Police Chief through the grievance procedure provided in this M.O.U. except that all parties will accept the fact finder's decision as final, and except in case of an emergency, scheduling changes will not be implemented until the grievance is resolved.

2. For the classifications of Police Officer, Police Sergeant, and Public Safety Dispatcher, and Public Safety Dispatch Supervisor, the Police Chief will provide a minimum twenty-one day notice of the schedule for the 10- hour day (“pay-back” day). Whenever possible the Police Chief will provide a thirty-day notice of the schedule for the 10-hour day (“payback” day).

G. Shift Bidding

1. For the classifications of Police Officer, Community Service Officer, and Public Safety Dispatcher, the present practice of seniority based shift bidding shall be continued to permit assignment of personnel by the Police Chief where, in the Police Chief’s judgment, such assignment is needed to achieve management objectives. Members may challenge the decision of the Police Chief through the grievance Commented [A23]: The City proposes the removal of
this language relating to Canine Officers because it is outdated— vendors and dates have changed and are
now covered in department policy. Please let us know if you’d like to discuss.

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Witmer-Tyson training 2nd and 4th
Tuesdays every month. “In- house”
training 1st and 3rd Tuesdays.¶
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38 procedure provided in this M.O.U. except that all parties will accept the fact finder's decision as final, and except in case of an emergency, scheduling changes will not be implemented until the grievance is resolved.

2. Probationary or new Sergeants will be assigned to shifts by the Police Chief, or designee, for up to 18 months.

3. Any Police Officer, Community Service Officer, Public Safety Dispatcher, Public Safety Dispatch Supervisor, or Police Sergeant with deficiencies or problems associated with training may also be assigned to a shift by the Police Chief, or designee, until these issues are resolved or corrected. Shift bidding will be done by seniority after any special placement on shifts has been decided.

4. Shift changes will be scheduled by the Police Chief up to three times per year, but no less than twice per year.

5. Public Safety Dispatch Supervisor shifts shall be based on organizational needs per the Police Chief or designee.

H. Holiday Work Schedule
City offices will be closed for business during the December holiday season. Non-essential employees, as determined by the Police Chief, will participate in a four-day furlough.

I. Authority

1. The starting times for the alternative work schedule shall be established by the Police Chief and may be changed by the Police Chief at their discretion following a thirty day notice to the Association of the new starting times.

2. The City reserves the right and shall have the authority to discontinue, alter, or amend the alternative work schedule for any reason at any time at its sole discretion.

3. The Police Chief shall have sole discretion to assign employees on light duty assignments to a work schedule of the Police Chief’s choosing including the standard five day, eight hour work schedule.

XXVIII. NEWARK POLICE ASSOCIATION RELEASE TIME
Upon request by the Newark Police Association (NPA), release time may be granted at the discretion of the Police Chief.

XXIX. AUTHORIZED REPRESENTATIVES FOR THE PURPOSE OF ADMINISTERING THE Deleted: ¶
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39 TERMS AND CONDITIONS OF THIS MEMORANDUM OF UNDERSTANDING A. Management's principal authorized agent shall be the City Manager or their duly designated representative except where a particular management representative is otherwise designated.

B. The Association's principal authorized agent shall be the President of the N.P.A. and/or their duly designated representative.

XXX. CARRYOVER TERMS
The provisions of the MOU between the City of Newark and the Newark Police Association will remain in effect until the adoption of a successor agreement or until exhaustion of the impasse process whichever occurs later.

XXXI. 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 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, Deleted: his/her
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40 including the right to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community.

XXXII. 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.

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 on 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.

XXXIII. FULL UNDERSTANDING MODIFICATION AND WAIVER
The parties to this Memorandum of Understanding acknowledge and agree that this Memorandum constitutes the result of meetings and conferring in good faith in accordance with Section 3500 et seq of the Government Code of the 41 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 shall not make any changes unless warranted by operational necessity.

XXXIV. TRANSFER
Transfers to or from the Department shall not be made in positions represented by the Association.

XXXV. PROMOTION
Effective June 1, 1995, and thereafter, promotional examinations for Police Sergeant shall be closed to participation from outside the department. The City shall have the sole discretion to hold a closed promotional or open recruitment to fill positions above the level of Police Sergeant.

XXXVI. NON-DISCRIMINATION
The parties agree, that they, and each of them, shall not discriminate against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age or sex or disability, or because of membership in the Association or any other activities on behalf of the Association.

XXXVII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT A. Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement or process that may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

B. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these 42 proposed accommodations prior to implementation by the City.

C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

D. Prior to disregarding any provision of this Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to disregard the provision.

XXXVIII.SEPARABILITY
Notwithstanding any other provisions 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.

On Behalf of the City:
__________________________
David Benoun, City Manager
On Behalf of the NPA:
_______________________________
Steven Losier, NPA President
_____________________
Date
_____________________
Date
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ATTACHMENT A

NEWARK POLICE ASSOCIATION

REGULAR FULL-TIME/PART TIME CLASSIFICATONS
Animal Control Officer
Community Service Officer
Police Officer
Police Records Supervisor
Police Sergeant
Property and Evidence Technician
Public Safety Clerk
Public Safety Dispatcher
Public Safety Dispatch Supervisor
Red Light Photo Enforcement Technician
Vehicle Abatement Officer
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Property and Evidence Technician
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Vehicle Abatement Officer
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ATTACHMENT B

NEWARK POLICE ASSOCIATION SALARY SCHEDULES
(Effective Dates: 7/01/2025, 7/01/2026, and 7/01/2027)
Salary Schedule Effective 7/01/2025
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 42.90 3,432.00 89,232.00 45.05 3,604.00 93,704.00 47.30 3,784.00 98,384.00 49.67 3,973.60 103,313.60 52.15 4,172.00 108,472.00 Community Service Officer 43.39 3,471.20 90,251.20 45.55 3,644.00 94,744.00 47.83 3,826.40 99,486.40 50.22 4,017.60 104,457.60 52.74 4,219.20 109,699.20 Police Officer 63.11 5,048.80 131,268.80 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 Police Records Supervisor 48.39 3,871.20 100,651.20 50.80 4,064.00 105,664.00 53.34 4,267.20 110,947.20 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Police Sergeant 76.54 6,123.20 159,203.20 80.37 6,429.60 167,169.60 84.38 6,750.40 175,510.40 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 Property and Evidence Technician 41.85 3,348.00 87,048.00 43.94 3,515.20 91,395.20 46.13 3,690.40 95,950.40 48.45 3,876.00 100,776.00 50.87 4,069.60 105,809.60 Public Safety Clerk 40.83 3,266.40 84,926.40 42.87 3,429.60 89,169.60 45.01 3,600.80 93,620.80 47.26 3,780.80 98,300.80 49.63 3,970.40 103,230.40 Public Safety Dispatcher 50.09 4,007.20 104,187.20 52.60 4,208.00 109,408.00 55.22 4,417.60 114,857.60 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 Public Safety Dispatcher
Supervisor

57.90 4,632.00 120,432.00 60.79 4,863.20 126,443.20 63.83 5,106.40 132,766.40 67.01 5,360.80 139,380.80 70.37 5,629.60 146,369.60 Red Light Photo Enforcement
Technician

41.63 3,330.40 86,590.40 43.71 3,496.80 90,916.80 45.90 3,672.00 95,472.00 48.19 3,855.20 100,235.20 50.61 4,048.80 105,268.80 Vehicle Abatement Officer 34.29 2,743.20 71,323.20 35.99 2,879.20 74,859.20 37.80 3,024.00 78,624.00 39.70 3,176.00 82,576.00 41.67 3,333.60 86,673.60 Salary Schedule Effective 7/01/2026
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 44.40 3,552.00 92,352.00 46.63 3,730.40 96,990.40 48.96 3,916.80 101,836.80 51.41 4,112.80 106,932.80 53.98 4,318.40 112,278.40 Community Service Officer 44.91 3,592.80 93,412.80 47.14 3,771.20 98,051.20 49.50 3,960.00 102,960.00 51.98 4,158.40 108,118.40 54.59 4,367.20 113,547.20 Police Officer 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 Police Records Supervisor 50.08 4,006.40 104,166.40 52.58 4,206.40 109,366.40 55.21 4,416.80 114,836.80 57.97 4,637.60 120,577.60 60.88 4,870.40 126,630.40 Police Sergeant 80.37 6,429.60 167,169.60 84.39 6,751.20 175,531.20 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 Property and Evidence Technician 43.31 3,464.80 90,084.80 45.48 3,638.40 94,598.40 47.74 3,819.20 99,299.20 50.15 4,012.00 104,312.00 52.65 4,212.00 109,512.00 Public Safety Clerk 42.26 3,380.80 87,900.80 44.37 3,549.60 92,289.60 46.59 3,727.20 96,907.20 48.91 3,912.80 101,732.80 51.37 4,109.60 106,849.60 Public Safety Dispatcher 52.59 4,207.20 109,387.20 55.23 4,418.40 114,878.40 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 Public Safety Dispatcher
Supervisor

60.80 4,864.00 126,464.00 63.83 5,106.40 132,766.40 67.02 5,361.60 139,401.60 70.36 5,628.80 146,348.80 73.89 5,911.20 153,691.20 Red Light Photo Enforcement
Technician

43.09 3,447.20 89,627.20 45.24 3,619.20 94,099.20 47.51 3,800.80 98,820.80 49.88 3,990.40 103,750.40 52.38 4,190.40 108,950.40 Vehicle Abatement Officer 35.49 2,839.20 73,819.20 37.25 2,980.00 77,480.00 39.12 3,129.60 81,369.60 41.09 3,287.20 85,467.20 43.13 3,450.40 89,710.40 Deleted: Attachment
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Attachment B
CITY OF NEWARK SALARY SCHEDULES (Page 2 of 2)
Salary Schedule Effective 7/01/2027
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 45.95 3,676.00 95,576.00 48.26 3,860.80 100,380.80 50.67 4,053.60 105,393.60 53.21 4,256.80 110,676.80 55.87 4,469.60 116,209.60 Community Service Officer 46.48 3,718.40 96,678.40 48.79 3,903.20 101,483.20 51.23 4,098.40 106,558.40 53.80 4,304.00 111,904.00 56.50 4,520.00 117,520.00 Police Officer 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 84.58 6,766.40 175,926.40 Police Records Supervisor 51.83 4,146.40 107,806.40 54.42 4,353.60 113,193.60 57.14 4,571.20 118,851.20 60.00 4,800.00 124,800.00 63.01 5,040.80 131,060.80 Police Sergeant 84.39 6,751.20 175,531.20 88.61 7,088.80 184,308.80 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 102.56 8,204.80 213,324.80 Property and Evidence Technician 44.83 3,586.40 93,246.40 47.07 3,765.60 97,905.60 49.41 3,952.80 102,772.80 51.91 4,152.80 107,972.80 54.49 4,359.20 113,339.20 Public Safety Clerk 43.74 3,499.20 90,979.20 45.92 3,673.60 95,513.60 48.22 3,857.60 100,297.60 50.62 4,049.60 105,289.60 53.17 4,253.60 110,593.60 Public Safety Dispatcher 55.22 4,417.60 114,857.60 57.99 4,639.20 120,619.20 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 67.12 5,369.60 139,609.60 Public Safety Dispatcher Supervisor 63.84 5,107.20 132,787.20 67.02 5,361.60 139,401.60 70.37 5,629.60 146,369.60 73.88 5,910.40 153,670.40 77.58 6,206.40 161,366.40 Red Light Photo Enforcement
Technician

44.60 3,568.00 92,768.00 46.82 3,745.60 97,385.60 49.17 3,933.60 102,273.60 51.63 4,130.40 107,390.40 54.21 4,336.80 112,756.80 Vehicle Abatement Officer 36.73 2,938.40 76,398.40 38.55 3,084.00 80,184.00 40.49 3,239.20 84,219.20 42.53 3,402.40 88,462.40 44.64 3,571.20 92,851.20 Salaries are based on a 40-hour workweek for non-sworn NPA employees. Salaries listed for sworn NPA employees are based upon workweeks as defined in MOU.

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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 ASSOCIATION OF MISCELLANEOUS

EMPLOYEES, 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 Association of Miscellaneous Employees (“NAME”) expires on June 30, 2025; and
WHEREAS, the City and NAME 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 net and conferred in good faith with the representatives of NAME on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and NAME have reached a tentative agreement to a successor MOU dated July 1, 2025 (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 NAME ratified the agreement as of May 28, 2025; 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 by the City Council of the City of Newark that the City Council hereby approves and adopts the MOU for NAME, effective July 1, 2025 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 any provisions of any other previous resolutions pertaining to the NAME MOU, the provisions herein shall prevail.

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 NAME MOU, Effective July 1, 2025.

Resolution No.

EXHIBIT A

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK
AND

NEWARK ASSOCIATION OF MISCELLANEOUS EMPLOYEES
JULY 1,
2025

THROUGH
JUNE 30,
2028
ADOPTED June 26, 2025
Resolution No.

TABLE OF CONTENTS
Section Page
I. Recognition 1
II. Term 1
III. Definitions 1
IV. Salary Increase 2
V. Benchmark Classifications 3
VI. Health and Welfare Programs 4
VII. Boot & Jacket Reimbursement and Uniform Allowance 6 VIII. Hours of Work 7
IX. Retirement Benefits 9
X. Vacation Leave 10
XI. Sick Leave 13
XII. Personal Leave 15
XIII. Leave of Absence Without Pay 15
XIV. Overtime 16
XV. Acting/Special Assignment Pay 18
XVI. Holidays 19
XVII. Bereavement & Reproductive Loss Leave 20
XVIII. Educational Reimbursement of Tuition Fees & Book Costs 20 XIX. Personnel Reduction Procedure 22
XX. Grievance Procedure 22
XXI. Management Rights Clause 24
Resolution No.

XXII. Implementation of Section 414(h) (2) of the United States Internal Revenue Code 25
XXIII. Full Understanding, Modification and Waiver 25
XXIV. Separability 26

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
B Salary Schedule
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 recognizesthe 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, 2025 through June 30, 2028.

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

B. "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 part- time employees shall apply to regular part-time employees.

C. "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, dental and vision premiums as a before-tax conversion of salary.

D. "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 thirty-eight (38) hours per week but at least twenty (20) hours per week on a year-round continuous basis occupying positions specifically authorized as "regular part-time" by the City Manager.

E. "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.) F. "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 thirty (30) days or more, not including protected leaves, adjustments to seniority shall be made by deducting one (1) month ofseniority for each month of absence without pay. In calculating seniority adjustments, seniority will not be granted for any months 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 statusis changed from regular part-time to regular fulltime, 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 2 on the employee’s authorized work schedule of half-time or three-quarter time. (Example: Ten (10) years of part-time service in an authorized half-time position would count as five (5) years full-time service credit and in an authorized three-quarter time position would count as seven and one-half (7.5) years full-time service credit). The employee’s seniority shall be adjusted to include the prorated service credit.

IV. SALARY INCREASE
A. One-time Salary Schedule Adjustments
Effective July 1, 2025 and prior to applying the July 1, 2025 General Salary Increase in Subsection IV.B below, the City shall increase the salary steps for any classifications that are at least two cents ($0.02) below a five percent (5%) increase from the previous step in order to attain a five percent (5%) differential between the salary steps as of June 30, 2025.

This is a one-time salary increase and is not intended to create a requirement to maintain a five percent (5%), or any specific differential, between salary steps on an ongoing basis.

B. General Salary Increase
The salary steps for all classifications represented by the Association shall be increased as follows:
a. Effective July 1, 2025, salary increase shall be four percent (4.0%) b. Effective July 1, 2026, salary increase shall be three and one-half percent (3.5%)
c. Effective July 1, 2027, salary increase shall be three and one-half percent (3.5%)
C. All active association members employed as of July 1, 2025, shall be eligible to receive an off-salary-schedule lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This one-time benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023.

D. In addition to IV. C, above, and in recognition of their many years of service, all active association members who have fifteen (15) or more years of service and are employed as of July 1, 2025 shall be eligible to receive an off-salary-schedule one-time lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This onetime benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023.
3 V. BENCHMARK CLASSIFICATIONS
A. The City and Association agree that the following list of Benchmark Classifications will be used by theCity for the purpose of compensation surveys ofsimilar labor market classifications within the cities of Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

Benchmark Classification Newark Classification
Accounting Assistant II Accounting Assistant I/II
Building Inspector II Building Inspector I/II
Community Preservation Specialist
Public Works Inspector
Senior Building Inspector
Administrative Support Specialist II Administrative Support Specialist I/II Senior Administrative Support Specialist
Engineering Technician I Engineering Technician I/II
Permit Technician
Information Technology Technician II Information Technology Technician I/II Equipment Mechanic II Building Maintenance Mechanic I/II Equipment Mechanic I/II
General Laborer
Landscape Inspector
Landscape & Parks Maintenance Worker I/II
Street Maintenance Worker I/II
Senior Building Maintenance Mechanic
Senior Equipment Mechanic
Senior Landscape Inspector
Senior Landscape & Parks Maintenance Worker
Senior Street Maintenance Worker
Recreation Coordinator Child Care Instructor
Lead Child Care Instructor
Recreation Coordinator
4 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 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 to the actual premiumsfor 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 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 and Regular Part-Time thirty to thirty-five (30-35) hours employees:

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

Employee Only: $466 - $582
Employee + 1 Dependent: $931 - $1,164
Employee + 2 or more Dependents: $1,230 - $1,537
Effective for the 2026 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 and Regular Part-Time thirty to thirty-five (30-35) hours employees:

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
5 For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $513 - $641
Employee + 1 Dependent: $1,025 - $1,281
Employee + 2 or more Dependents: $1,353 - $1,691
Effective for the 2027 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 and Regular Part-Time thirty to thirty-five (30-35) hours employees:

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $539 - $673
Employee + 1 Dependent: $1,076- $1,344
Employee + 2 or more Dependents: $1,421 - $1,776
Effective for the 2028 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 and Regular Part-Time thirty to thirty-five (30-35) hour employees:

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $566 - $707
Employee + 1 Dependent: $1,130 - $1,412
Employee + 2 or more Dependents: $1,493 - $1,866

4. Cash-in-Lieu and Cafeteria Plan Cash Back: Regular full time and regular part time thirty to thirty-five (30-35) hour employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred and fifty dollars ($450.00) “cash-in-lieu” of benefits, which includes the PEMHCA minimum per Section VI.A.1 above. Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred and fifty dollars ($450.00) 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.
6 For Regular Part-Time Employees working twenty to twenty-five (20-25) hours this amount will be two hundred twenty-five dollars ($225.00) to two hundred eighty-one dollars ($281.00).

B. Life Insurance
The City agrees to provide fifty thousand dollars ($50,000.00) term life insurance coverage 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.

C. Vision Care
The City will continue to offer a family coverage vision plan to Association members. The City will explore additional vision plan options to include offering VSP as part of the health open enrollment period to be effective January 1, 2026 or as soon as administratively possible thereafter. 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.

E. Short-Term Disability
The City will apply for all association members to participate in the State Disability Insurance (SDI) program as soon as administratively possible upon approval of this agreement. Employees shall pay any costs associated with the SDI program.

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

G. Wellness

1. Employees and their spouses or registered domestic partners and up to two (2) children or grandchildren living in the same household, twenty-six (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 twenty-six (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, Community Preservation Specialist I/II (if serving more than fifty percent (50%) of work time in the field), Engineering Technician I (if serving more than fifty percent (50%) of work time in the field), Equipment Mechanic I/II, General Laborer, Landscape Inspector, Landscape & Parks 7 Maintenance Worker I/II, Public Works Inspector, Senior Building Inspector, Senior Building Maintenance Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape & Parks Maintenance Worker, Senior Street Maintenance Worker, and Street Maintenance Worker I/II, will be eligible for a sum of three hundred fifty dollars ($350.00) 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.

VIII. HOURS OF WORK
A. Workweek
A standard workweek for employees represented by the Association shall be forty (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 (8) 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 their supervisor for approval.

2. In all cases in which an employee and their supervisor agree on a temporary schedule change lasting more than one (1) workweek, the schedule change shall be agreed upon in writing and in advance of the implemented change.
8 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 (2) 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 (4) day furlough. The City Manager may authorize continuation of some critical services.

1. Employees may use vacation leave, holidays (if applicable), leave credits (if applicable), and/or leave of absence without pay during the four (4) day furlough. Compensatory time may not be used during the 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 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 Section XIV. Overtime.

5. Employees who elect a leave of absence without pay for the furlough may request up to a four (4) day salary advance. Repayment of a salary advance for the furlough may be spread over a period of time provided that:
a. the salary advance is requested by June 1 preceding the furlough; 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.

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 9 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.

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 two and one-half percent at fifty-five (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 two and one-half percent at fifty-five (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 two and one-half percent at fifty-five (2.5% at 55) formula exceeds ten percent (10%) to a maximum of sixteen and nine hundred thirty-six thousandths percent (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 forClassic Members exceeds sixteen and nine hundred thirty-six thousandths’ percent (16.936%), the City shall be responsible for any increase above sixteen and nine hundred thirty-six thousandths percent (16.936%). In subsequent years of the pay plan, if the rate over ten percent (10%) decreases the percentage of salary that Classic Members contribute towards the employer rate will be reduced by the above formula.

Employer rate reductions below ten percent (10%) will not be shared under the above formula.
b. The following is for illustrative purposes only:

IftheCalPERSMiscellaneous Plan two and one-half percent atfifty-five (2.5% at 55)formula employer actuarial rate increased by three percent (3%), each Classic Member would contribute an additional one and one-half percent (1.5%) of their salary to pay towards the employer rate for the retirement benefit. The City would then be responsible for matching the additional one and one-half percent (1.5%). If during the subsequent years of this pay plan, the rate decreased by three percent (3%), each Classic Member would no longer contribute the additional one and one-half percent (1.5%) of their salary 10 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 two percent at sixty-two (2% at 62) plan as required by the Public Employee’s Pension Reform Act of 2013.

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 three and four hundred sixty-eight thousandths percent (3.468%) of the employer rate, PEPRA Members will pay a total of three and four hundred sixty-eight thousandths percent (3.468%) of the employer rate. If the employee rate for PEPRA Members is seven and seventy-five hundredths percent (7.75%), in this example PEPRA Members would pay the seven and seventy-five hundredths percent (7.75%) employee rate plus an additional three and four hundred sixty-eight thousandths percent (3.468%) towards the employer rate for a total of eleven and two hundred eighteen thousandths percent (11.218%).

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 Rules and Regulations, annual vacation leave entitlement shall be as follows:

A. Regular Full-Time Employees
Beginning on the ninetieth (90th) day of employment, regular full-time employees shall be eligible to earn vacation leave. Upon the completion ofsaid period ofservice, 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 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
11 Regular full-time employees who separate from City service after ninety (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 ninety (90) day period shall not be entitled to compensation for vacation leave, as none has been accrued.

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.

B. Regular Part-Time Employees
Beginning on the ninetieth (90th) day of employment, regular part-time employees shall be credited with ten (10) to twelve and one-half (12.5) hours of vacation leave for twenty to twenty-five (20- 25) hour employees, or fifteen (15) hours to seventeen and one-half (17.5) hours of vacation leave for thirty to thirty-five (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 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 (1) year of City service who works thirty-five (35) hours per week will receive five and eight hundred thirty-four thousandths (5.834) hours of vacation per month. An RPT employee who works twenty-four (24) hours per week will receive four (4) 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.

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.) Rates of accrual will be based on date of appointment to "regular part-time”.

Regular part-time employees who separate from City service after ninety (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 part- time employees who separate from City service prior to working ninety (90) days shall not be entitled to compensation for vacation leave, as none has been accrued. 12 C. Vacation Buy-back
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 for vacation buy-back in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: The employee may elect up to eighty (80) hours of vacation buy-back.
• Forregularthirty to thirty-five (30-35) hour part-time employees: The employee may elect up to sixty (60) to seventy (70) hours of vacation buy-back. • For regular twenty (20) to twenty-five (25) hour part-time employees: The employee may elect up to forty (40) to fifty (50) hours of vacation buy-back. • To be eligible for vacation buy-back, the employee must have used at least one-half of the vacation time accrued during the twelve (12) month period preceding December. • Employees must have the equivalent of one (1) regular work week remaining in vacation accruals at the time of vacation buy-back.
• Employees must submit their Vacation Buy-Back Request Form to Payroll by the preceding December 1.
• This is an irrevocable election by the employee.

For example, to buy back vacation leave that is accrued in calendar year 2026, a full-time employee must elect by December 1, 2025, how much they want to buy back. The employee must have used a minimum of fifty percent (50%) of their accrued vacation between December 1, 2024 and November 30, 2025. Employees must further ensure they will have at least one (1) work week of vacation accruals remaining at the time of the buy-back which will occur in December 2026. The sell back will be paid out in the last full pay period of December 2026.

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
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
13 XI. SICK LEAVE
A. Purpose
The purpose ofsick leave isto 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 half of their annually 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 ninetieth (90th) day of employment, regular full-time employees accrue sick leave with pay at the rate of eight (8) hours for each calendar month of service. Regular fulltime employees shall accumulate unused sick leave at the rate of ninety-six (96) hours per year up to a total of not more than nine hundred sixty (960) hours.

C. Accrual for Regular Part-Time (RPT) Employees
Beginning on the ninetieth (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
Proration of RPT sick leave is based on actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of sick leave per month. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (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.

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 14 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 one hundred twenty (120) days(nine hundred sixty (960) hoursfor full-time,seven hundred twenty (720) to eight hundred forty (840) hours for thirty to thirty-five (30-35) hours part-time employees, and four hundred eighty (480) to six hundred (600) hours for twenty to twenty-five (20-25) hours 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 one hundred twenty (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 (6) 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, Human Resources may require submittal of periodic physician’s reports concerning the employee’s work restrictions 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. Association members may not apply sick leave not already accumulated by the employee.
b. Regular full-time employees who have served less than ninety (90) days with the City shall receive no sick leave. Beginning on the ninetieth (90th) day of employment, the employee shall receive credit for the ninety (90) days of service to the City. c. 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 one hundred twenty (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.
15 d. The City may require an employee to submit to a fit-for-duty examination by a qualified medical provider selected by the City whenever the City has a reasonable belief, based on objective evidence, that the employee may be unable to perform the essential functions of their job due to a medical condition or poses a direct threat to themselves or others. The employee shall provide a work status report from the treating medical provider that specifies any work-related restrictions or limitations specific to the employee. If the employee is determined, through the examination or a treating provider’s report, to be temporarily unable to return to work, the employee shall be required to use accrued sick leave during the period of absence. If sick leave is exhausted, the employee may use other available accrued leave balances in accordance with City policy. An employee who has been absent from work due to medical reasons shall return to work in accordance with the work status report provided by their medical provider or as directed following the examination, provided the City can accommodate any verified restrictions consistent with applicable laws and policies.

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.

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 eight (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 forty (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 twenty (20) hours or less (twenty to twenty-five (20-25) hours employees) or thirty (30) hours or less (thirty to thirtyfive (30-35) hours employees) of accrued leave shall be eligible for a leave of absence as 16 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 F.)
D. Leave of absence without pay can be used toward the holiday furlough per Section VIII-Hours of Work, Item D-Holiday Work Schedule, regardless of the number of hours of accrued leave an employee has.

XIV. OVERTIME
A. Work Week
The workweeks 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 thissection shall preclude the right of management to adjust a work schedule during a seven (7) 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.
17 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.

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.

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 nonflexed 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 (2) 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 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 (1) 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. 18 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.

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 employees in the following classification, who are certified to spray pesticides, five percent (5%) above their compensation base pay for actual time performing pesticide spraying: Building Maintenance Mechanic I/II, Equipment Mechanic I/II, General Laborer, Landscape and Parks Maintenance Worker I/II, Senior Building Maintenance Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape and Parks Maintenance Worker, Senior Street Maintenance Worker, and Street Maintenance Worker I/II.

C. The City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars ($100.00) per month. Regular part-time employees scheduled to work thirty to thirty-five (30-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75.00) per month and regular part-time employees scheduled to work twenty to twenty-five (20-25) hours per week will receive bilingual assignment pay of fifty dollars ($50.00) 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. 19 XVI. HOLIDAYS
A. Holidays
The following days shall be recognized as municipal holidays for pay purposes for regular full- time 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
 June 19, Juneteenth
 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 holidays 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 holidays 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 holidays beginning July 1, in the next fiscal year.

D. Holidaysshall 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 halfhour(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.
20 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 worksthirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (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:

Work Schedule Holiday Pay
20-25 work hours 4-5 hours per holiday
30-35 work hours 6-7 hours per holiday
XVII. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Bereavement Leave
Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a spouse, domestic partner, sibling, parent, stepparent, grandparent, grandchild, grandparent-in-law, parent-in-law, sibling-inlaw, or child-in-law of an employee so that the employee may attend last rites and attend to any pressing matters resulting from the death. A maximum of eighty (80) hours of paid bereavement leave may be granted for the death of a biological child, adoptive child, or stepchild.

B. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

Regular part-time (RPT) employees shall be eligible for prorated bereavement and reproductive loss leave based on actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive up to a maximum of thirty-five (35) hours of bereavement or reproductive loss leave per reproductive loss event.

If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration. Bereavement and reproductive loss leave will be prorated as follows:

Work Schedule Prorated Bereavement and Reproductive Loss 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. TheCity shall establish a fund offourteen thousand dollars ($14,000.00) which shall be theCity's total obligation forfinancing tuition fees and required textbook costs for job-related academic 21 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 four thousand dollars ($4,000.00) 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 four thousand dollars ($4,000.00) 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: 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 intranet or through the Human Resources office.

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 does not guarantee that such disruption shall not occur; however, the Department Head shall ensure 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 22 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 parttime employees represented by NAME.

B. Eligibility for Temporary Employment Following Lay Off Employees who have been the subject of layoff are eligible to be considered for temporary 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 temporary 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 temporary position for which the employee applied;

3. City may or may not hire the employee for that temporary position at the discretion of the City;

4. Employee will be compensated at the temporary position rate of pay;

5. If employee is hired as a temporary 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 temporary employee does not count toward seniority;

7. If the employee is hired as a temporary employee and the employee is eligible in the PERS Retirement System, the City will re-enroll temporary 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.
23 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
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 bywrittenmutual 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 ofthe employee may take the grievance to the next higherstep 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 (2) 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, they 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.
24 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 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 fact- finder 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, 25 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 contributionsshall 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.

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 26 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 doesit 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.

ATTACHMENT A
Newark Association of Miscellaneous Employees
Classifications
Accounting Assistant I Landscape Inspector
Accounting Assistant II Landscape & Parks Maintenance Worker I Administrative Support Specialist I Landscape & Parks Maintenance Worker II Administrative Support Specialist II Lead Child Care Instructor Building Inspector I Permit Technician
Building Inspector II Public Works Inspector
Building Maintenance Mechanic I Recreation Coordinator
Building Maintenance Mechanic II Senior Administrative Support Specialist Child Care Instructor Senior Building Inspector
Community Preservation Specialist Senior Building Maintenance Mechanic Engineering Technician I Senior Equipment Mechanic
Engineering Technician II Senior Landscape Inspector
Equipment Mechanic I Senior Landscape & Parks Maintenance Worker Equipment Mechanic II Senior Street Maintenance Worker
General Laborer Street Maintenance Worker I
Information Technology Technician I Street Maintenance Worker II Information Technology Technician II

ATTACHMENT B
SALARY SCHEDULE EFFECTIVE 07/01/2025

ATTACHMENT B
SALARY SCHEDULE EFFECTIVE 07/01/2026

ATTACHMENT B
SALARY SCHEDULE EFFECTIVE 07/01/2027
Resolution No. 11380, No. 11537, No. 11552, No. 11560, No. 11608, No. 11670, No. 11672

EXHIBIT B

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK
AND

NEWARK ASSOCIATION OF MISCELLANEOUS EMPLOYEES
JULY 1,
20225

THROUGH
JUNE 30,
20258
ADOPTED June 236, 20225
REVISED: July 13, 2023
REVISED: July 28, 2023
REVISED: September 14, 2023
REVISED: January 11, 2024
REVISED: July 26, 2024
Resolution No. 11380, No. 11537, No. 11552, No. 11560, No. 11608, No. 11670, No. 11672 TABLE OF CONTENTS (confirm page #s)
Section Page
I. Recognition 1
II. Term 1
III. Definitions 1
IV. Salary Increase 2
V. Benchmark Classifications 23
VI. Health and Welfare Programs 34
VII. Boot & Jacket Reimbursement and Uniform Allowance 6 VIII. Hours of Work 7
IX. Retirement Benefits 9
X. Vacation Leave 10
XI. Sick Leave 13
XII. Personal Leave 1615
XIII. Leave of Absence Without Pay 1615
XIV. Overtime 1716
XV. Acting/Special Assignment Pay 1918
XVI. Holidays 19
XVII. Bereavement & Reproductive Loss Leave 2120
XVIII. Educational Reimbursement of Tuition Fees & Book Costs 2120 XIX. Personnel Reduction Procedure 22
XX. Grievance Procedure 2322
XXI. Management Rights Clause 2524
Resolution No. 11380, No. 11537, No. 11552, No. 11560, No. 11608, No. 11670, No. 11672 XXII. Implementation of Section 414(h) (2) of the United States Internal Revenue Code 25
XXIII. Full Understanding, Modification and Waiver 2625 XXIV. Separability 26

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
B Salary List Schedule
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, 20225 through June 30, 20258.

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.B. "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.C. "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, dental and vision premiums as a before-tax conversion of salary.

E.D. "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 thirty-eight (38) hours per week but at least twenty (20) hours per week on a year-round continuous basis occupying positions specifically authorized as "regular part-time" by the City Manager.

F.E. "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.) 2 G.F. "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 thirty (30) days or more, not including protected leaves, adjustments to seniority shall be made by deducting one (1) month of seniority for each month of absence without pay. In calculating seniority adjustments, seniority will not be granted for any months 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 (10) years of part-time service in an authorized half-time position would count as five (5) years full-time service credit and in an authorized three-quarter time position would count as seven and one-half (7.5) years full-time service credit). The employee’s seniority shall be adjusted to include the prorated service credit.

IV. SALARY INCREASE
A. One-time Salary Schedule Adjustments
Effective July 1, 2025 and prior to applying the July 1, 2025 General Salary Increase in Subsection IV.B below, Tthe City shall increase the salary steps for any classifications represented by the Association that are at least two cents ($0.02) below a five percent (5%) percent increase from the previous step in order to attain a five percent (5%) differential between the salary steps as of June 30, 2025..

This is a one-time salary increase and is not intended to create a requirement to maintain a five percent (5%), or any specific differential, between salary steps on an ongoing basis.

A.B.General Salary Increase:

The salary steps for all classifications represented by the Association shall be increased as follows:
a. Effective July 1, 20225, salary increase shall be four percent (4.0%) b. Effective July 1, 20236, salary increase shall be three and one-half percent (3.05%)
c. Effective July 1, 20247, salary increase shall be three and one-half percent (3.05%)
C. All active association members employed as of July 1, 2025, shall be eligible to receive an off-salary-schedule lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This one-time benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023.

D. In addition to IV. C, above, and in recognition of their many years of service, all active association members who have fifteen (15) or more years of service and are employed as 3 of July 1, 2025 shall be eligible to receive an off-salary-schedule one-time lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This one-time benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023.

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 Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

Benchmark Classification Newark Classification
Accounting Assistant II Accounting Assistant I/II
Cashier
Collections Assistant
Building Inspector II Building Inspector I/II
Community Preservation Specialist
Engineering Technician III
Public Works Inspector
Senior Building Inspector
Vehicle Abatement Officer
Administrative Support Specialist II Admin.istrative Support Specialist I/II Senior Administrative Support Specialist
4 Engineering Technician I Engineering Aide I
Engineering Technician I/II
Field Assistant
Permit Technician
Information Technology Technician II Information Technology Technician I/II Equipment Mechanic II Building Maintenance 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
Senior Building Maintenance Mechanic
Senior Equipment Mechanic
Senior Landscape Inspector
Senior Landscape & Parks Maintenance Worker
Senior Street Maintenance Worker
Recreation Coordinator Aquatic Activities Specialist
Aquatics Coordinator
Child Care Instructor
Lead Child Care Instructor
Recreation Coordinator
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 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 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.
5 3. 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 and Regular Part-Time thirty to thirty-five (30-35) hours employees:

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

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

3. Effective for the 20226 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 thirty to thirty-five (30-35) hours employees:

Employee Only: $8781,026
Employee + 1 Dependent: $1,7552,049
Employee + 2 or more Dependents: $2,3182,706
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $439 513 - $549641
Employee + 1 Dependent: $878 1,025 - $1,0971,281
Employee + 2 or more Dependents: $1,159 1,353 - $1,691$1,449 Effective for the 20237 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 thirty to thirty-five (30-35) hours employees:

Employee Only: $8961,077
Employee + 1 Dependent: $1,7902,151
Employee + 2 or more Dependents: $2,3642,842
For Regular Part-Time Employees working twenty to twenty-five 20-25 hours:

Employee Only: $448 539 - $560673
Employee + 1 Dependent: $895 1,076- $1,1191,344
6 Employee + 2 or more Dependents: $1,1821,421 - $1,4781,776 Effective for the 20248 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 thirty to thirty-five (30-35) hours employees:

Employee Only: $9131,131
Employee + 1 Dependent: $1,8262,259
Employee + 2 or more Dependents: $2,4122,985
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $457 566 - $571707
Employee + 1 Dependent: $1,130913 - $1,141412
Employee + 2 or more Dependents: $1,2061,493 - $1,5071,866 7 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: ERegular full time and regular part time thirty to thirty-five (30-35) hours employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred and fifty dollars ($450.00) “cash-in-lieu” of benefits, which includes the PEMHCA minimum per Ssection VI.A.1 above. Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred and fifty dollars ($450.00) 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 twenty to twenty-five (20-25) hours this amount will be two hundred twenty-five dollars ($225.00) to two hundred eighty -one dollars ($281.0).

5. 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.

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 fifty thousand dollars ($250,000.00) 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. The City will explore additional vision plan options to include offering VSP as part of the health open enrollment period to be effective January 1, 2026 or as soon as administratively possible thereafter. Association members will cover all costs.

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

Association members will cover all costs.
9 E. Short-Term Disability
The City will apply for all association members to participate in the State Disability Insurance (SDI) program as soon as administratively possible upon approval of this agreement. Employees shall pay any costs associated with the SDI program.

E.F. 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.G. Wellness

1. Employees and their spouses or registered domestic partners and up to two (2) children or grandchildren living in the same household, twenty-six (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 twenty-six (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 I/II (if serving more than fifty percent (50%) of work time in the field), Engineering Technician I (if serving more than fifty percent (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 Maintenance Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape & Parks Maintenance Worker, Senior Street Maintenance Worker, and Street Maintenance Worker I/II, and Street Maintenance Worker Lead, will be eligible for a sum of three hundred fifty dollars ($350.00) 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 10 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. 11 VIII. HOURS OF WORK
A. Workweek
A standard workweek for employees represented by the Association shall be forty (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 (8) 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 their supervisor for approval.

2. In all cases in which an employee and their supervisor agree on a temporary schedule change lasting more than one (1) 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 (2) 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 (4) -day furlough. The City Manager may authorize continuation of some critical services.
12 1. Employees may use vacation leave, holidays (if applicable), leave credits (if applicable), and/or leave of absence without pay during the four (4) -day furlough. Compensatory time may not be used during the 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 MOUSection XIV. Overtime.

5. Employees who elect a leave of absence without pay for the furlough may request up to a four (4) -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 payrollthe salary advance is requested by June 1 preceding the furlough;
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.
13 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 two and one-half percent (2.5%) at fifty-five (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 two and one-half percent (2.5%) at fifty-five (55) retirement benefit.

4. Additional Contribution Towards Employer Rate.
a. In addition, if the CalPERS Miscellaneous Plan employer actuarial rate for the two and one-half percent at fifty-five (2.5% 55) formula exceeds ten percent (10.00%) to a maximum of sixteen and nine hundred thirty-six thousandths percent (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 sixteen and nine hundred thirty-six thousandths’ percent (16.936%), the City shall be responsible for any increase above sixteen and nine hundred thirty-six thousandths percent (16.936%). In subsequent years of the pay plan, if the rate over ten percent (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 ten percent (10.00%) will not be shared under the above formula. b. The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan two and one-half percent at fifty-five (2.5% at 55) formula employer actuarial rate increased by three percent (3.00%), each Classic Member would contribute an additional one and one-half percent (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 one and one-half percent (1.50%). If during the subsequent years of this pay plan, the rate decreased by three percent (3.00%), each Classic Member would no longer contribute the additional one and one-half percent (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 two percent at sixty-two (2% at 62) plan as required by the Public 14 Employee’s Pension Reform Act of 2013.
15 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 three and four hundred sixty-eight thousandths percent (3.468%) of the employer rate, PEPRA Members will pay a total of three and four hundred sixtyeight thousandths percent (3.468%) of the employer rate. If the employee rate for PEPRA Members is seven and seventy-five hundredths percent (76.75%), in this example PEPRA Members would pay the seven and seventy-five hundredths percent (76.75%) employee rate plus an additional three and four hundred sixty-eight thousandths percent (3.468%) towards the employer rate for a total of eleven and two hundred eighteen thousandths percent (110.218%).

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 ninetieth (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 ninety (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 ninety (90) day period shall not be entitled to compensation for vacation leave, as none has been accrued.

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 16 credit for that month.
17 B. Regular Part-Time Employees
Beginning on the ninetieth (90th ) day of employment, regular part-time employees shall be credited with ten (10) to twelve and one-half (-

12.5) hours of vacation leave for twenty to twenty-five (20-25) hour employees, or fifteen (15) hours to seventeen and one-half -(17.5) hours of vacation leave for thirty to thirty-five (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 (1) year of City service who works thirty-five (35) hours per week will receive five and eight hundred thirty-four thousandths (5.834) hours of vacation per month. An RPT employee who works twenty-four (24) hours per week will receive four ( 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, rRates of accrual will be based on date of appointment to "regular part-time”.

Regular part-time employees who separate from City service after ninety (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 part- time employees who separate from City service prior to working ninety (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 18 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. 19 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 outfor vacation buy-back in the next calendar year, subject to the conditions set forth below:
 For regular full-time employees: The employee may elect cash out up to eighty (80) hours of vacation buy-back.
 For regular thirty to thirty-five (30-35) hour part-time employees: The employee may elect cash out up to sixty (60) to seventy -(70) hours of vacation buy-back.  For regular twenty to twenty-five (20-25) hour part-time employees: The employee may electcash out up to forty (40) to fifty- (50) hours of vacation buy-back.  To be eligible for vacation buy-backto cash out, the employee must have used at least onehalf of the vacation time accrued during the twelve (12)- month period preceding December.
 Employees must have the equivalent of one (1) regular work week remaining in vacation accruals at the time of cash outvacation buy-back.
 Employees must submit their Vacation Buy-Back Request Form to Payroll by the preceding December
 1.

This is an irrevocable election by the employee.

For example, to buy back vacation leave that is accrued in calendar year 20236, a full-time employee must elect by December 1, 20225, how much they want to buy back. The employee must have used a minimum of fifty percent (50%) of their accrued vacation between December 1, 20241 and November 30, 20252. Employees must further ensure they will have at least one (1) work week of vacation accruals remaining at the time of the buy- back which will occur in December 20236. The sell back will be paid out in the last full pay period of December 20236, 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
20 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 half of their six months of annually 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 ninetieth (90th ) day of employment, regular full-time employees accrue sick leave with pay at the rate of eight (8) hours for each calendar month of service. Regular full-time employees shall accumulate unused sick leave at the rate of ninety-six (96) hours a per year up to a total of not more than nine hundred sixty (960) hours.

C. Accrual for Regular Part-Time (RPT) Employees
Beginning on the ninetieth (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, pProration of RPT sick leave will beis based on actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of sick leave per month. An RPT employee who works twenty-four (24) hours per week will receive
Four and eight tenths (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. 21 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 one hundred twenty (120) days (nine hundred sixty (960) hours for full-time, seven hundred twenty (720) to eight hundred forty -(840) hours for thirty to thirty-five (30- 35) hours part-time employees, and four hundred eighty (480) to six hundred -(600) hours for twenty to twenty-five (20-25) hours 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 one hundred twenty (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 (6) 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 HeadHuman Resources may require submittal of periodic physician’s reports concerning the employee’s condition work restrictions 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 22 department head may require the employee to submit to an examination by a licensed 23 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.a. Absence for illness or to care for employees’ sick children, parents, or spouse may not be charged to Association members may not apply sick leave not already accumulated by the employee.
c.b. Regular full-time employees who have served less than ninety (90) days with the City shall receive no sick leave. Beginning on the ninetieth (90th ) day of employment, the employee shall receive credit for the ninety (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.c. 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 one hundred twenty (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.d. 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.The City may require an employee to submit to a fit-for-duty examination by a qualified medical provider selected by the City whenever the City has a reasonable belief, based on objective evidence, that the employee may be unable to perform the essential functions of their job due to a medical condition or poses a direct threat to themselves or others. The employee shall provide a work status report from the treating medical provider that specifies any work-related restrictions or, limitations, specific to the employee. If the employee is determined, through the examination or a treating provider’s report, to be temporarily unable to return to work, the employee shall be required to use accrued sick leave during the period of absence. If sick leave is exhausted, the employee may use other available accrued leave balances in accordance with City policy. An employee who has been absent from work due to medical reasons shall return to work in accordance with the work status report provided by their medical provider or as directed following the examination, provided the City can accommodate any verified restrictions consistent with applicable laws and policies.

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 24 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 AAL based 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 25 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.

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 eight (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 forty (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 twenty (20) hours or less (twenty to twenty-five (20-25) hours employees) or thirty (30) hours or less (thirty to thirty-five (30-35) hours 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 GF.)
D. Leave of absence without pay can be used toward the holiday furlough per Section VIII-Hours of Work, Section Item DE-Holiday Work Schedule, regardless of the number of hours of accrued leave an employee has.
26 XIV. OVERTIME
A. Work Week
The workweeks 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 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 this section shall preclude the right of management to adjust a work schedule during a seven (7) -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.
27 Effective December 2022, aAccrued 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.

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 (2) 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 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 (1) 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 28 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 CityI agrees to pay Landscape & Park Maintenance I/II and Senior Landscape & Park Maintenance Worker employees in the following classification, who are certified to spray pesticides, five percent (5%) above their compensation base pay for actual time performing pesticide spraying: Building Maintenance Mechanic I/II, Equipment Mechanic I/II, General Laborer, Landscape and Parks Maintenance Worker I/II, Senior Building Maintenance Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape and Parks Maintenance Worker, Senior Street Maintenance Worker, and Street Maintenance Worker I/II.

C. Effective July 1, 2019, tThe City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars ($100.00) per month. Regular part-time employees scheduled to work thirty to thirty-five (30-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75.00) per month and regular part-time employees scheduled to work twenty to twentyfive (20-25) hours per week will receive bilingual assignment pay of fifty dollars ($50.00) 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
29 The following days shall be recognized as municipal holidays for pay purposes for regular fulltime and part-time employees represented by the Association:
30  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
 June 19, Juneteenth
 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 holidays 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 holidays 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 holidays 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 thirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (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:
31 Work Schedule Holiday Pay
20-25 work hours 4-5 hours per holiday
30-35 work hours 6-7 hours per holiday
XVII. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Bereavement Leave
Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a husband, wifespouse, domestic partner, sister, brothersibling, mother, stepmother, father, stepfatherparent, stepparent, grandparent, grandchild, grandparent-in-law, mother-in-law, father- in-lawparent-in-law, sibling-inlawsister-in-law, brother-in-law, son-in-law, or daughter-in-lawchild-in-law of an employee in orderso that the employee may attend last rites and attend to any pressing matters resulting from the death. A maximum of eighty (80) hours of paid bereavement leave may be granted for the death of a son, daughterbiological child, adoptive child, or stepchild, stepson, or stepdaughter.

B. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

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

Work Schedule Prorated Bereavement and Reproductive Loss 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 fourteen thousand dollars ($14,000.00) 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 32 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 four thousand dollars ($4,000.00) 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 four thousand dollars ($4,000.00) 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:
33 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 systemintranet or through the Human Resources office.

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 does not guarantee that such disruption shall not occur; however, the Department Head shall insureensure 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 parttime employees represented by NAME.

B. Eligibility for PSTTemporary Employment Following Lay Off Employees who have been the subject of layoff are eligible to be considered for Part-Time, 34 Seasonal, Ttemporary (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 Seasonaltemporary 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 temporary position for which the employee applied;

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

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

5. If employee is hired as a Part-Time Seasonaltemporary 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 Seasonaltemporary employee does not count toward seniority;

7. If the employee is hired as a Part-Time Seasonal temporary employee and the employee is eligible in the PERS Retirement System, the City will re-enroll temporary 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 35 compensation for the time required to testify. One spokesperson from the Association shall be 36 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 (2) -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 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 37 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. 38 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. 39 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 Administrative Support Specialist I Landscape Inspector Administrative Support Specialist II Landscape & Parks Maintenance Worker I Aquatics Coordinator Landscape & Parks Maintenance Worker II Aquatic Activities Specialist Lead Child Care Instructor Building Inspector I Permit Technician
Building Inspector II Public Works Inspector
Building Maintenance Mechanic I Recreation Coordinator
Building Maintenance Mechanic II Senior Administrative Support Specialist Cashier Senior Building Inspector
Child Care Instructor Senior Building Maintenance 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
40 ATTACHMENT B
Include Consolidated Salary Schedule
SALARY LIST – EFFECTIVE 07/01/2022 *Monthly salaries are based on a 40 hour work week ACCOUNTING ASSISTANT I Step Code 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 Code 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 Code 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 Code 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 Code 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 Code 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
41 5 $47.05 $48.46 $49.91
BUILDING INSPECTOR I Step Code 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 Code 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 Code 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 Code 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 Code 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 Code 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 Code FY 2023 FY 2024 FY 2025 1 $37.92 $39.06 $40.23
42 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
COMMUNITY PRESERVATION Step Code 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 Code 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 Code 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 Code 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 Code 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
EQUIPMENT MECHANIC I Step Code FY 2023 FY 2024 FY 2025
43 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 Code 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 Code 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 Code 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 Code 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 Code 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
44 LANDSCAPE INSPECTOR Step Code 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 Code 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 Code 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 Code 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 Code 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 Code 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
45 RECREATION COORDINATOR Step Code 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 Code 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 Code 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 Code 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 Code 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 Code 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
46 SR LANDSCAPE INSPECTOR Step Code 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 Code 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 Code 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 Code 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 Code FY 2023 FY 2024 FY 2025 LEAD 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 Code 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
47 YOUTH INSTRUCTOR I Step Code 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 Code 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
RESOLUTION NO. 11,537

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE DELETION OF ONE FULLTIME EQUIVALENT AQUATIC ACTIVITIES SPECIALIST

AND THE ADDITION OF ONE FULL-TIME EQUIVALENT
AQUATICS COORDINATOR TO THE 2022-2024 BIENNIAL

BUDGET AND CAPITAL IMPROVEMENT PLAN FOR FISCAL
YEAR 2024
WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council on June 23, 2022; and
WHEREAS, the City underfilled the position of Aquatics Coordinator with an Aquatic Activities Specialist as a cost-savings measure and in response to lower Aquatics program participation during the COVID-19 pandemic; and WHEREAS, the Recreation & Community Services Department is now experiencing higher participation levels and an increased need of higher-level coordinator support; and WHEREAS, the City reviewed the Aquatics Coordinator class specification and determined it accurately depicts the job duties needed; and WHEREAS, the Aquatic Activities Specialist and Aquatics Coordinator are represented by the Newark Association of Miscellaneous Employees (NAME); and WHEREAS, the City Manager or designee has met and conferred in good faith with the representatives of NAME related to the above matters; and WHEREAS, the City seeks to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to delete one full-time equivalent Aquatic Activities Specialist and add one fulltime equivalent Aquatics Coordinator; and WHEREAS, the City used standard practices to determine the fully benefitted costs of an Aquatics Coordinator and determined the net cost of the Aquatics Coordinator is within the department's Fiscal Year 2024 personnel budget.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to remove one full-time equivalent Aquatic Activities Specialist and add one full-time equivalent Aquatics Coordinator.

Az.

I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on July 13, 2023, by Council Member Bucci who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Bucci, Freitas, Jorgens, Vice Mayor Collazo and Mayor Hannon
NOES:

ABSENT:

None
None
SECONDED: Council Member Freitas
APPROVED:

A:_ MICHAEL KON
Mayor
City Clerk
APPROVED AS TO FORM:

KRISTOPHERJ.KOKOTAYLO
City Attorney
Resolution No. 11,537
RESOLUTION NO. 11,552

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE EMPLOYEE CLASSIFICATION
PLAN TO ADD MULTIPLE CLASS SPECIFICATIONS;

APPROVING A SIDE LETTER TO THE MEMORANDUM OF

UNDERSTANDING WITH THE CITY OF NEWARK AND THE

NEWARK ASSOCIATION OF MISCELLANEOUS
EMPLOYEES; AMENDING THE COMPENSATION AND

BENEFIT PLAN FOR THE MANAGEMENT, SUPERVISORY,
AND PROFESSIONAL EMPLOYEE GROUP; AUTHORIZING

THE ADDITION AND DELETION OF MULTIPLE POSITIONS
TO THE 2022-2024 BIENNIAL BUDGET AND CAPITAL
IMPROVEMENT PLAN FOR FISCAL YEAR 2024; AMENDING
THE 2022-2024 BIENNIAL BUDGET AND CAPITAL
IMPROVEMENT PLAN FOR FISCAL YEAR 2024; AND

APPROVING AN AMENDMENT TO THE CITY'S SALARY

SCHEDULE IN CONFORMANCE WITH CALIFORNIA CODE
OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City conducted a classification and compensation study that included the Maintenance Division, Economic Development Manager, Administrative Analyst and Senior Administrative Analyst classifications; and
WHEREAS, the study showed the Management Analyst class specification is comparable to the City's Administrative Analyst classification in the labor market; and WHEREAS, offering promotional opportunities through advancement in a classification series supports the City's efforts to maintain a competitive labor market position and accurately classify its employees; and
WHEREAS, the classifications are included in the Management, Supervisory and Professional Employee Group or represented by the Newark Association of Miscellaneous Employees (NAME) pursuant to the Memorandum of Understanding with the City; and WHEREAS, the City Manager or designee has met and conferred in good faith with the representatives of NAME related to the above matters; and WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council on June 23, 2022; and
WHEREAS, the City seeks to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to delete two full-time equivalent (FTE) Equipment Mechanic II, two FTE Landscape and Parks Maintenance Worker I, two FTE Landscape and Parks Maintenance Worker II, three (FTE) Administrative Analyst and one FTE Economic Development Manager positions, Resolution No. 11,552 2
and add two FTE Equipment Mechanic I/II, four FTE Landscape and Parks Maintenance Worker I/II, three FTE Management Analyst I/II, one Senior Management Analyst and one FTE Deputy Economic Development Director positions; and
WHEREAS, reclassifying the Economic Development Manager and adding a Management Analyst requires a budget amendment.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group be amended to delete the classifications of Administrative Analyst, Senior Administrative Analyst and Economic Development Manager, and add the classifications of Management Analyst I/II and Senior Management Analyst with the listed salary steps below, and add Deputy Economic Development Director and assign Salary Range 18, effective July 28, 2023.

BE IT FURTHER RESOLVED that the City Council approves a Side Letter to the Memorandum of Understanding with the City of Newark and the Newark Association of Miscellaneous Employees to delete the classifications of Equipment Mechanic I, Equipment Mechanic II, Landscape and Parks Maintenance Worker I, and Landscape and Parks Maintenance Worker II and add the classifications of Equipment Mechanic I/II, Landscape and Parks Maintenance Worker I/II effective July 28, 2023.

BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to delete two full-time equivalent (FTE) Equipment Mechanic II, two FTE Landscape and Parks Maintenance Worker I, two FTE Landscape and Parks Maintenance Worker II, three FTE Administrative Analyst and one FTE Economic Development Manager positions, and add two FTE Equipment Mechanic I/II, four FTE Landscape and Parks Maintenance Worker I/II, three FTE Management Analyst I/II, one Senior Management Analyst and one FTE Deputy Economic Development Director position.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the classifications of Management Analyst I, Management Analyst II, Senior Management Analyst and Deputy Economic Development Director with salaries as follows:

Deputy Economic Development Director – Range 18 $ 13,899.60 to $ 16,679.52 Resolution No. 11,552 3
Management Analyst series
Step 1 Step 2 Step 3 Step 4 Step 5
Management
Analyst I Hourly $ 45.91 $ 48.20 $ 50.62 $ 53.15 $ 55.81 Biweekly $ 3,672.72 $ 3,856.32 $ 4,049.28 $ 4,251.60 $ 4,464.72 Annual $95,490.72 $100,264.32 $ 105,281.28 $ 110,541.60 $116,082.72 Management
Analyst II Hourly $ 51.01 $ 53.56 $ 56.24 $ 59.05 $ 62.01 Biweekly $ 4,080.80 $ 4,284.80 $ 4,499.20 $ 4,724.00 $ 4,960.80 Annual $106,100.80 $111,404.80 $116,979.20 $ 122,824.00 $ 128,980.80 Senior

Management Hourly $ 60.84 $ 63.89 $ 67.08 $ 70.43 $ 73.95 Analyst Biweekly $ 4,867.37 $ 5,111.27 $ 5,366.71 $ 5,634.51 $ 5,916.32 Annual $126,551.57 $132,893.07 $139,534.51 $146,497.31 $ 153,824.32 BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 as follows:

TO: 110.50.051.510.5110 Economic Development Division Salaries $183,000 FR: 110.50.051.510.5120 Part-Time Temporary Salaries $ 53,000 FR: 110.3000 Unallocated Fund Balance $130,000
Resolution No. 11,552 4
y
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on July 27, 2023, by Vice Mayor Collazo who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Bucci, Freitas, Jorgens, Vice Mayor Collazo and Mayor Hannon
NOES:

ABSENT:

SECONDED:

None
None
Council Member Bucci
( MlCAELK.HANNON
Mayor
City Clerk
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTA YLO
City Attorney
DocuSign Envelope ID: D957082B-3222-49AF-9ED0-E7CF7252E476 DocuSign Envelope ID: 2E92B169-51D1-4615-8CF6-D8EA63DA4AED City of Newark
City Manager’s Office
37101 Newark Boulevard
Newark, CA 94560
To: Newark Association of Miscellaneous Employees Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: August 28, 2023
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2022 - June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is to address representation of the classification of Vehicle Abatement Officer.

The City and Association have met and conferred and agreed to the following amendments below to provide that NAME will no longer be the sole and exclusive bargaining representative for the Vehicle Abatement Officer classification. This side letter will become effective upon approval by the City Council.

The City and NAME agree to the following amendments to the MOU:

1. Remove "Vehicle Abatement Officer" from Attachment A, the list of "Regular Full-Time/ Part-Time Classifications".

2. Remove the following row from the table in Attachment B, "Salary List":

Vehicle Step Code FY 2023 FY 2024 FY 2025
Abatement 1 $32.08 $32.01 $32.97
Officer 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
510.578.4200 [email protected] www.newark.org facebook.com/cityofnewarkca _________________
DocuSign Envelope ID: D957082B-3222-49AF-9ED0-E7CF7252E476 ________________
DocuSign Envelope ID: 2E92B169-51D1-4615-8CF6-D8EA63DA4AED Dated: 9/26/2023
For the City of Newark: For the Newark Association of Miscellaneous Employees:
_ _
David Benoun, City Manager Jackson Posadas, President
City of Newark – City Manager’s Office 2
DocuSign Envelope ID: 11B683D7-5E12-4288-85E3-59D3D816940E City of Newark
City Manager’s Office
37101 Newark Boulevard
Newark, CA 94560
To: Newark Association of Miscellaneous Employees Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: January 3, 2024
This will serve as a Letter of Understanding (LOU) to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2022 – June 30, 2025 Memorandum of Understanding (MOU). The purpose of this LOU is to memorialize the compensation increases and title changes as a result of the Classification and Compensation Study. This LOU will become effective on January 12, 2024.

The City and NAME agree to the following amendments to the MOU:

Throughout the NAME MOU, replace “Aquatics Coordinator” with “Recreation Coordinator; replace “Building Mechanic I/II” with “Building Maintenance Mechanic I/II”; and replace “Senior Building Mechanic” with “Senior Building Maintenance Mechanic”.

Revise Attachment B in the MOU to reflect the following base salary increases:
 Child Care Instructor - 5.00%
 Information Technology Technician I - 3.11%
 Information Technology Technician II - 3.95%
 Lead Child Care Instructor - 5.00%
 Recreation Coordinator - 3.54%
The parties agree to produce a red-lined version within the MOU as a clean up matter as part of the revision process. Affected Classifications in Attachment B:

Child Care Step Code FY 2023 FY 2024 FY 2025
Instructor 1 $24.30 $26.28 $27.07
2 $25.53 $27.62 $28.44
3 $26.82 $29.00 $29.87
4 $28.16 $30.45 $31.36
5 $29.58 $31.99 $32.95
510.578.4200 [email protected] www.newark.org facebook.com/cityofnewarkca 2 Employees:

DocuSign Envelope ID: 11B683D7-5E12-4288-85E3-59D3D816940E Lead Child Care Step Code FY 2023 FY 2024 FY 2025
Instructor 1 $27.96 $30.24 $31.15
2 $29.36 $31.75 $32.70
3 $30.84 $33.36 $34.36
4 $32.39 $35.03 $36.08
5 $34.02 $36.79 $37.90
Recreation Step Code FY 2023 FY 2024 FY 2025
Coordinator 1 $39.54 $42.17 $43.44
2 $41.31 $44.06 $45.38
3 $43.17 $46.04 $47.43
4 $45.07 48.06 $49.51
5 $47.05 $50.18 $51.68
Information Step Code FY 2023 FY 2024 FY 2025
Technology 1 $38.83 $41.23 $42.47
Technician I 2 $40.76 $43.29 $44.58
3 $42.79 $45.44 $46.80
4 $44.93 $47.72 $49.15
5 $47.18 $50.11 $51.61
Information Step Code FY 2023 FY 2024 FY 2025
Technology 1 $43.14 $46.18 $47.57
Technician II 2 $45.29 $48.49 $49.95
3 $47.54 $50.90 $52.43
4 $49.92 $53.45 $55.05
5 $52.43 $56.13 $57.82
Dated: 1/26/2024
For the City of Newark: For the Newark Association of Miscellaneous David Benoun, City Manager Angela Montez, President
City of Newark – City Manager’s Office
RESOLUTION NO. 11670

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE EMPLOYEE CLASSIFICATION

PLAN TO ADD TWO CLASS SPECIFICATIONS AND DELETE
ONE CLASS SPECIFICATION; APPROVING A SIDE LETTER

TO THE MEMORANDUM OF UNDERSTANDING WITH THE

CITY OF NEWARK AND THE NEWARK POLICE
ASSOCIATION; AMENDING THE COMPENSATION AND

BENEFIT PLAN FOR THE MANAGEMENT, SUPERVISORY,
AND PROFESSIONAL EMPLOYEES GROUP; AMENDING
THE 2024-2026 BIENNIAL BUDGET AND CAPITAL
IMPROVEMENT PLAN; AND APPROVING AN AMENDMENT
TO THE CITY’S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
WHEREAS, the 2024-2026 Biennial Budget and Capital Improvement Plan was adopted by the City Council via Resolution 11665 on June 27, 2024; and WHEREAS, the City, with assistance from an independent consultant, conducted a Reclassification Study as a follow up to the Citywide Classification and Compensation Study; and WHEREAS, the City, based on the analysis, has determined that three current employees shall be reclassified to best match their actual roles and responsibilities, including reclassifying the Collections Assistant to the existing Accounting Assistant II classification, a Public Safety Clerk to the new classification of Property and Evidence Technician, and the Senior Landscape Inspector to the new classification of Urban Forest Supervisor; and WHEREAS, the City Manager or designee met and conferred with representatives of the current labor organizations regarding the representation of the Property and Evidence Technician and the Urban Forest Supervisor classification; and
WHEREAS, no labor organization contested the placement of the Urban Forest Supervisor in the Management, Supervisory, and Professional Employee Group, and the Newark Police Association has agreed to be the sole representative for the Property and Evidence Technician classification and requires a Side Letter be approved; and WHEREAS, the Accounting Assistant II class specification is already included in the Newark Association of Miscellaneous Employee Group; and WHEREAS, the City, with assistance from an independent consultant, created job specifications and conducted a labor market study to develop appropriate salary ranges for the Property and Evidence Technician and the Urban Forest Supervisor classifications; and Resolution No. 11670 2
WHEREAS, the City, based on its analysis of job compensation relationships between the new classification of Property and Evidence Technician and Police Records Supervisor, has determined that a salary increase of three percent (3%) for the Police Records Supervisor will ensure appropriate compaction rates; and
WHEREAS, the compensation increases for the reclassification and the increase due to maintaining internal relationships for the records division require a budget amendment; and WHEREAS, the City seeks to amend the Employee Classification Plan to delete the classification of Collections Assistant and to add the classifications of Property and Evidence Technician and Urban Forest Supervisor.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Employee Classification Plan be amended to delete the Collections Assistant classification; and add the Property and Evidence Technician and Urban Forest Supervisor classifications.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves an amendment to the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Urban Forest Supervisor with the salary listed below, effective July 1, 2024.

BE IT FURTHER RESOLVED that the City Council hereby approves a Side Letter to the Memorandum of Understanding between the City of Newark and the Newark Police Association (NPA) for NPA to provide sole representation of the Property and Evidence Technician classification with the salary as listed below, and to reflect the compensation adjustment of the Property and Evidence Technician with the salary listed below, effective July 26, 2024 and reflect the compensation increase for the Police Records Supervisor effective July 1, 2024.

BE IT FUTHER RESOLVED that the City Council hereby approve an amendment to the City’s Salary Schedule to reflect the new classifications of Property and Evidence Technician and Urban Forest Supervisor, effective July 26, 2024 and increase the salary of the Police Records Supervisor effective July 1, 2024:

Classification Step 1 Step 2 Step 3 Step 4 Step 5
Police
Records
Supervisor
Hourly
Biweekly
Annual
$46.53
$3,722.01
$96,772.21
$48.85
$3,908.23
$101,614.03
$51.29
$4,103.52
$106,691.52
$53.86
$4,308.70
$112,026.10
$56.56
$4,524.58
$117,639.18
Property and
Evidence
Technician
Hourly
Biweekly
Annual
$40.24
$3,219.20
$83,699.20
$42.25
$3,380.00
$87,880.00
$44.36
$3,548.80
$92,268.80
$46.59
$3,727.20
$96,907.20
$48.91
$3,912.80
$101,732.80
Urban Forest
Supervisor
Hourly
Biweekly
Annual
$53.61
$4,288.80
$111,508.80
$56.29
$4,503.20
$117,083.20
$59.11
$4,728.80
$122,948.80
$62.06
$4,964.80
$129,084.80
$65.17
$5,213.60
$135,553.60
Resolution No. 11670 3
BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan to (1) delete one full-time equivalent (FTE) Public Safety Clerk, one FTE Senior Landscape Inspector, and one FTE Collections Assistant and add one FTE Property and Evidence Technician, one FTE Urban Forest Supervisor, and one FTE Accounting Assistant II; and, (2) appropriate funding to accommodate the salary adjustments for Fiscal Year 2025 as follows:

TO: 110.30.033.330.5110 Property Evidence Technician $3,420 FR: 110.3000 Unallocated Fund Balance $3,420
TO: 110.30.033.330.5110 Police Records Supervisor $4,752 FR: 110.3000 Unallocated Fund Balance $4,752
TO: 140.60.064.643 Urban Forest Supervisor $3,479
FR: 140.3000 Unallocated Fund Balance $3,479
TO: 110.13.013.130 City Clerk $12,840
FR: 110.3000 Unallocated Fund Balance $12,840
TO: 120.60.062.620 Permit Technician $73,116
FR: 120.3000 Unallocated Fund Balance $73,116
Resolution No. 11670 4
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City ofNewark held on July 25, 2024, by Council Member Jorgens who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES:

NOES:

ABSENT:

SECONDED:

Council Members Jorgens, Apodaca, and Mayor Hannon
None
Council Member Collazo and Vice Mayor Freitas
Council Member Apodaca
APPROVED:
.L/, ---ꞏ 'I/' ✓----ꞏ !r,.  t, [,: ]'I'"

SHEILA HARRINGTON '
City Clerk
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTA YLO
City Attorney
MICHAEL K. HANNON
Mayor
Eill--C_i_ty_o_f_N_e_w_a_r_k C_ity-Ma-n-ag-e-r's_O_ff_ic-e NEWARK 37101 Newark Boulevard
ca Ii fo rn i a Newark, CA 94560
To: Newark Association of Miscellaneous Employees Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: June 20, 2024
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2022 -June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is expand Maintenance Division classifications eligible for additional compensation when spraying pesticides. The side letter will become effective upon approval by the City Council.

The City and Association have met and conferred and agreed to the following amendments to the MOU:
• Repeal and replace Section XV: ACTING/SPECIAL PAY, D. as indicated in the redline version below:

The City agrees to pay Landscape and Park Maintenance 1/11 and Senior Landscape and Park Maintenance Worker employees in the following classifications, who are certified to spray pesticidesL5% above their compensation base pay for actual time performing pesticide spraying: Building Maintenance Mechanic 1/11, Equipment Mechanic 1/11, General Laborer, Landscape and Parks Maintenance Worker 1/11, Senior Building Maintenance Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape and Parks Maintenance Worker, Senior Street Maintenance Worker, and Street Maintenance Worker 1/11
Dated: _.. .(7_'2-cJ_----';i_(.)2- ,_3/ _
For the City of Newark:
&& cibrti:b
Lenka Hovorka, Acting City Manager
©
For the Newark Association of Miscellaneous
Employees:
t,
510.578.4200 [email protected] www.newark.org facebook.com/cityofnewarkca Angela Montez, President
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND ADOPTING A

COMPENSATION AND BENEFIT PLAN FOR THE

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL

EMPLOYEE GROUP, AUTHORIZING THE CITY MANAGER

TO EXECUTE THE COMPENSATION AND BENEFIT PLAN,

ACKNOWLEDGING CONCURRENT REVISIONS PURSUANT

TO CITY MANAGER EMPLOYMENT AGREEMENT, AND
APPROVING AN AMENDMENT TO THE CITY’S SALARY

SCHEDULE IN CONFORMANCE WITH CALIFORNIA CODE
OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City of Newark (the “City”) has previously adopted and periodically amended the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group; and
WHEREAS, members of the Management, Supervisory, and Professional Employee Group are unrepresented employees; and
WHEREAS, the City Council desires to establish salaries and benefits for the Management, Supervisory, and Professional Employee Group; and WHEREAS, the Compensation and Benefit Plan, dated July 1, 2025 (the “Plan”), attached hereto and incorporated herein by this reference as Exhibit A, enumerates the job classifications whose incumbents shall be considered members of the Management, Supervisory, and Professional Employee Group and also provides for the salaries and benefits for the Management, Supervisory, and Professional Employee Group; and WHEREAS, the City Council finds that the terms and conditions of the Plan are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council hereby approves and adopts the Plan, effective July 1, 2025 and authorizes the City Manager to execute the Plan, with any necessary non-substantive modifications, and to take such further actions as may be necessary to implement the Plan for the period of July 1, 2025 through June 30, 2028, a copy of which is attached as Exhibit A with a redlined version of the prior Plan attached hereto as Exhibit B for general reference only.

BE IT FURTHER RESOLVED that if any provisions contained herein are found to be in conflict with any provisions of any other previous resolutions pertaining to the Management, Supervisory, and Professional Employee Group Plan, the provisions herein shall prevail.

BE IT FURTHER RESOLVED that any applicable amendments to salary and benefits contained within the Plan apply to the City Manager pursuant to the City Manager Employment Agreement effective December 29, 2018 as subsequently amended.

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 Plan, Effective July 1, 2025.

EXHIBIT A

CITY OF NEWARK

COMPENSATION AND BENEFIT PLAN

FOR THE

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL EMPLOYEE GROUP JULY 1, 2025 THROUGH JUNE 30, 2028
Adopted: June 26, 2025
Attachments
A Management, Supervisory, and Professional Pay Plan
B General Leave Plan
Section

TABLE OF CONTENTS
Page
I. Term 1
II. Salary Increase 1
III. Hours of Work 3
IV. Acting/Special Assignment Pay 4
V. Deferred Compensation 4
VI. Retirement Benefits 5
VII. Health and Welfare Programs 7
VIII. Life Insurance 10
IX. Educational Reimbursement 10
X. Travel Expense Reimbursement 12
XI. Recreation Benefits 12
XII. Proration of Holiday, General, & Bereavement Leave Accruals For Regular Part-Time Employees (RPT)
12 XIII. Management Leave 13
XIV. General Leave 13
XV. Sick Leave 13
XVI. Bereavement Leave & Reproductive Loss Leave 13
XVII. Holidays 14
1 COMPENSATION AND BENEFIT PLAN FOR THE MANAGEMENT,

SUPERVISORY, & PROFESSIONAL EMPLOYEE GROUP
I. TERM
This plan shall be in effect from July 1, 2025 through June 30, 2028.

II. SALARY INCREASE
The classifications listed below of management, supervisory, and professional personnel shall be compensated pursuant to the Management, Supervisory, and Professional Pay Plan as set forth in Attachment A attached hereto and incorporated herein by this reference.

Management, Supervisory, and Professional Classifications Classification
Accountant
Accounting Manager
Assistant to the City Manager
Assistant City Manager
Assistant Engineer-Civil
Assistant Maintenance Superintendent
Assistant Planner
Associate Civil Engineer
Associate Planner
Chief Building Official
Chief Information Officer/Information Technology Director (Dept Head)* City Clerk
City Engineer
Communications and Public Engagement Manager
Community Development Director (Dept. Head)*
Community Preservation Manager
Crime Analyst
Deputy Community Development Director
Deputy Economic Development Director
Deputy Finance Director
Environmental Services Manager
Facilities Supervisor
Finance Director (Dept. Head)*
Housing Policies and Programs Manager
Human Resources Director (Dept. Head)*
Information Technology Analyst
Junior Engineer-Civil
Maintenance Superintendent
Maintenance Supervisor
Management Analyst I/II
Plan Check Engineer
2 Planning Manager
Police Chief (Dept. Head)*
Principal Civil Engineer
Principal Planner
Public Works Director (Dept. Head)*
Recreation and Community Services Director (Dept. Head)* Recreation and Community Services Manager
Recreation Supervisor I/II
Senior Accountant
Senior Civil Engineer
Senior Information Technology Analyst
Senior Management Analyst
Senior Planner
Senior Recreation Supervisor
Strategic Initiatives Manager
Urban Forest Supervisor
*The Newark Executive Management Team, including all department heads and the Assistant City Manager are at-will positions.

Effective July 1, 2025, the total compensation salary ranges for management, supervisory, and professional classifications shall be increased four percent (4.0%). All regular management, supervisory, and professional employees shall receive a four percent (4.0%) salary increase.

Effective July 1, 2026, the total compensation salary ranges for management, supervisory, and professional classifications shall be increased three and one-half percent (3.5%). All regular management, supervisory, and professional employees shall receive a three and one-half percent (3.5%) salary increase.

Effective July 1, 2027, the total compensation salary ranges for management, supervisory, and professional classifications shall be increased three and one-half percent (3.5%). All regular management, supervisory, and professional employees shall receive a three and one-half percent (3.5%) salary increase.

Executive Management Team shall include the City Manager, the Assistant City Manager, the City Attorney and those classifications designated as Department Heads.

A. Police Chief Compensation: The Police Chief is not eligible to receive the salary increases outlined in Section II above and instead shall receive salary increases in Section II (B). The Police Chief will receive Longevity Pay, Uniform Allowance, General Leave Conversion to Pay, and Education Incentive Pay consistent with the Newark Police Management Association (NPMA) Memorandum of Understanding.

B. Effective July 1, 2025, the Police Chief shall receive a seven percent (7%) salary increase.

Effective July 1, 2026, the Police Chief shall receive a five percent (5%) salary 3 increase.

Effective July 1, 2027, the Police Chief shall receive a five percent (5%) salary increase.

III. HOURS OF WORK
A. Full-time management, supervisory, and professional employees work forty (40) hours per week and as necessary. The Nine/Eighty (9/80) is the standard work schedule that equates to forty (40) hours per week in a two (2) week period.

Typically, an employee assigned to this work schedule will work nine (9) hours per day for four (4) days and one (1) day of eight (8) hours in one (1) week (fortyfour (44) hours) and then nine (9) hours per day for four (4) days in the next week thirty-six (36) hours). The City Manager may revise the standard work schedule upon reasonable notice.

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

C. 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.

D. Employees who elect a leave of absence without pay for the furlough may request up to a four (4) day salary advance. Repayment of a salary advance for the furlough may be spread over a period of time provided that:

1. the salary advance is submitted to payroll by June 1 preceding the furlough,

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.

E. Alternatives to the nine/eighty (9/80) work schedule will be subject to the approval of the City Manager.
4 IV. ACTING/SPECIAL ASSIGNMENT PAY
A. Management, supervisory, and professional employees are eligible for premium pay of five percent (5%) over base salary or the bottom of the higher classification, whichever is greater, while acting in a higher classification when assigned and prescribed by the City Manager. An employee shall not receive an increase that is higher than the top of the range of the higher classification.

B. The City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars ($100.00) per month. Regular part-time employees scheduled to work thirty to thirty-five (30-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75.00) per month and regular part-time employees scheduled to work twenty to twenty-five (20-25) hours per week will receive bilingual assignment pay of fifty dollars ($50.00) per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522.

V. DEFERRED COMPENSATION
A. The Newark Executive Management Team shall receive and participate in the following Deferred Compensation 401(a) Plan provisions:

1. The Employer shall contribute on behalf of each participant six percent (6%) of their earnings for the Plan Year.

2. Each participant is required to contribute six percent (6%) of their earnings for the Plan Year as a condition of participation.

Said participant contribution shall be included in total compensation for the purpose of computation in the Public Employees Retirement System.

B. ICMA-RC VantageCare Retirement Health Savings (RHS) plan.

The Newark Executive Management Team will participate in the RHS plan on a mandatory basis. The mandatory contribution will consist of the one hundred dollar ($100.00) monthly Health and Welfare Allowance. The one hundred dollar ($100.00) monthly allowance will be automatically deferred to the RHS plan. Specifics of the plan and any additional mandatory contributions are described and available in the plan summary.
5 C. Implementation of Section 414(h)(2) of the United States Internal Revenue Code (IRC).

1. Pick-up of Employee Contributions
a. 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 IRC of the United States. Such contributions are being made by the City in lieu of employee contributions.
b. Employee contributions made under paragraph a. shall be paid from the same source of funds as used in paying the wages to affected employees.
c. Employee contributions made by the City under paragraph a. 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.
d. The employee does not have the option to receive the City's contributed amount paid pursuant to this Agreement directly instead of having it paid to the retirement system.

2. 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 City pursuant to the provisions hereof.

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

VI. RETIREMENT BENEFITS
A. All Management 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 non-sworn Classic management employees a retirement formula known as two and one-half percent at fifty-five (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. NonSworn Classic Members continue to pay the eight percent (8%) employee rate for 6 the two and one-half percent at fifty-five formula (2.5% at 55) plus continue to pay up to three and four hundred sixty-eight thousandths percent (3.468%) of an additional contribution in accordance with the following formula for a total tax deferred contribution of eleven and four hundred sixty-eight thousandths percent (11.468%).

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 two and one-half percent at fifty-five (2.5% at 55) retirement formula exceeds ten percent (10.00%) to a maximum of sixteen and nine hundred thirty-six thousandths percent (16.936%). In the event that the employer rate exceeds sixteen and nine hundred thirty-six thousandths percent (16.936%), the City shall be responsible for any increase above sixteen and nine hundred thirty-six thousandths percent (16.936%). In subsequent years of the term of the agreement, if the rate over ten percent (10.00%) decreases, non-sworn Classic members’ matching percentage of salary will be reduced by the above formula. Employer rate reductions below ten percent (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 ten percent (10.00%), each Classic non-sworn member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases three percent (3.0%), each non-sworn Classic member would contribute half of the three percent (3.00%) increase , one and one-half percent (1.50%) from their salary to pay for the retirement benefit. The City would then be responsible for the matching one and one-half percent (1.50%). If the rate decreased by three percent (3.0%), the non-sworn Classic member would no longer contribute the additional one and one- half percent (1.50%)of their salary towards the employer rate to pay for the retirement benefit.

C. The City shall provide to all non-sworn Management 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 two percent at sixty-two (2% at 62) in accordance with the Public Employees’ Pension Reform Act of 2013.

Non-sworn Management 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 two percent at sixty-two (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.

The following is for illustrative purposes only:
7 If Classic Members pay three and four hundred sixty-eight thousandths percent (3.468%) of the employer rate, PEPRA Members will pay a total of three and four hundred sixty-eight thousandths percent (3.468%) of the employer rate. If the employee rate for PEPRA Members is seven and seventy-five hundredths percent (7.75%), in this example PEPRA Members would pay the seven and seventy-five hundredths percent (7.75%) employee rate plus an additional three and four hundred sixty-eight thousandths percent (3.468%) towards the employer rate for a total of eleven and two hundred eighteen thousandths percent (11.218%).

D. The City shall provide the one (1) year highest compensation option to Classic sworn and non-sworn members. The City shall provide the three (3) year average compensation requirement to PEPRA members as defined above.

VII. HEALTH AND WELFARE PROGRAMS
A. The contribution by the City toward monthly premiums for health and welfare programs of management, supervisory, and professional employees 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 C 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 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 with management, supervisory, and professional employees regarding the impact of such changes.

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

For Regular, Full-Time and Regular Part-Time thirty to thirty-five (30-35) hour employees:

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

Employee Only: $466 - $582
Employee + 1 Dependent: $931 - $1,164
Employee + 2 or more Dependents: $1,230 - $1,537
Effective for the 2026 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

For Regular Full-Time and Regular Part-Time thirty to thirty-five (30-35) hours employees:

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $513 - $641
Employee + 1 Dependent: $1,025 - $1,281
Employee + 2 or more Dependents: $1,353 - $1,691
Effective for the 2027 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time and Regular Part-Time thirty to thirty-five (30-35) hours employees:

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $539 - $673
Employee + 1 Dependent: $1,076 - $1,344
Employee + 2 or more Dependents: $1,421 - $1,776
Effective for the 2028 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time and Regular Part-Time thirty to thirty-five (30-35) hour employees:

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
9 For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $566 - $707
Employee + 1 Dependent: $1,130 - $1,412
Employee + 2 or more Dependents: $1,493 - $1,866
C. Cash-in-Lieu and Cafeteria Plan Cash Back
Regular full-time employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred fifty dollars ($450.00) cash-in-lieu of benefits, which includes the PEMCHA minimum per section VII.A above.

Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred fifty dollars ($450.00) 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 thirty to thirty-five (30-35) hours this amount will be three hundred thirty-eight dollars ($338.00) to three hundred ninetyfour dollars ($394.00). For Regular Part-Time Employees working twenty to twentyfive (20-25) hours this amount will be two hundred twenty-five dollars ($225.00) to two hundred eighty-one dollars ($281.00).

Regular full time employees in the Management, Supervisory, and Professional Employee Group, shall receive an allowance of up to one hundred dollars ($100.00) per month intended to be used towards the cost of health care premiums, long-term disability premiums, short-term disability premiums and/or reimbursement for medical, dental, vision, and prescription expenses.

Executive Management Team members enrolled in the ICMA VantageCare Retirement Health Savings (RHS) Plan will have their one hundred dollars ($100.00) monthly allowance automatically deferred to the RHS plan.

All regular part-time employees in the Management, Supervisory, and Professional Employee Group shall receive an allowance of up to seventy-five dollars ($75.00) for thirty to thirty-five (30-35) hours employees and up to fifty dollars ($50.00) for twenty to twenty-five (20-25) hours employees.
10 This allowance will be reported as taxable income and provided to employees based on the following criteria:

1. 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.

2. 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.

3. 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 pro-rata pay, employees must serve fifty percent (50%) of the working days in the month.

VIII. LIFE INSURANCE
The City will provide City-paid life insurance coverage of fifty thousand dollars ($50,000.00) to each management, supervisory, and professional employee.

Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

IX. EDUCATIONAL REIMBURSEMENT
A. Job-related Training

1. The City Manager may authorize reimbursement up to one hundred percent (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.

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 ten thousand dollars ($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. 11 2. If an employee receives more than five thousand dollars ($5,000.00) 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 (5) 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 (5) year employment period, employee warrants that they will reimburse to the City all money paid (up to ten thousand dollars ($10,000.00) under the Educational Reimbursement Plan as follows:
i. One hundred percent (100%) of money paid if the employee voluntarily leaves city employment in the first (1st) year after completion of the last class taken under the Educational Reimbursement Plan.
ii. Eighty percent (80%) of money paid if the employee voluntarily leaves city employment in the second (2nd) year after completion of the last class taken under the Educational Reimbursement Plan. iii. Sixty percent (60%) of money paid if the employee voluntarily leaves city employment in the third (3rd) year after completion of the last class taken under the Educational Reimbursement Plan. iv. Forty percent (40%) of money paid if the employee voluntarily leaves city employment in the fourth (4th) year after completion of the last class taken under the Educational Reimbursement Plan. v. Twenty percent (20%) of money paid if the employee voluntarily leaves city employment in the fifth (5th) year after completion of the last class taken under the Educational Reimbursement Plan. vi. After five (5) 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.
12 X. TRAVEL EXPENSE REIMBURSEMENT
A. Management, supervisory, and professional employees who do not receive a vehicle allowance shall be reimbursed for the use of their private vehicle on City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax Returns.

B. Certain management, supervisory, and professional employees designated by the City Manager shall be provided a vehicle allowance in the amount of four hundred dollars ($400.00) per month. Management, supervisory, and professional employees who receive a vehicle allowance shall be reimbursed for the use of their private vehicle for City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax Returns for travel in excess of two hundred (200) miles per month.

C. Executive management employees shall receive a vehicle allowance in the amount of four hundred dollars ($400.00) per month and will be reimbursed for the use of their private vehicle for City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax returns for travel in excess of two hundred (200) miles per month.

XI. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to two (2) children or grandchildren living in the same household, twenty-six (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 twenty-six (26) years of age and under, will receive resident rates for class registration and facility rentals.

XII. 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 the actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (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.
13 XIII. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Department Head, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible member of the Management, Supervisory, and Professional Employee Group in recognition of the extra hours of work required of this employee group 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 Department Head with approval by the City Manager.

XIV. 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 the Compensation and Benefit Plan as Attachment B.

XV. SICK LEAVE
Each eligible management, supervisory, and professional 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.

XVI. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Bereavement Leave
Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a spouse, registered domestic partner, sibling, parent, stepparent, grandparent, grandchild, grandparent-in-law, parent-in- law, sibling-in-law, , child-in-law, of an employee.

A maximum of eighty (80) hours of paid bereavement leave may be granted for the death of a biological child, adoptive child, or stepchild.

B. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, failed adoption, or failed surrogacy of the employee, employee’s 14 spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve-month period.

Regular part-time employees shall be eligible for prorated Bereavement and Reproductive Loss Leave as described in Section XII 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
XVII. HOLIDAYS
A. Regular Employees
The following days shall be recognized as municipal holidays for pay purposes for regular full-time and regular part-time management, supervisory, and professional employees:
• 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
• June 19, Juneteenth
• 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
Regular full-time employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday.

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.

The 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 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 holidays beginning July 1, of the next fiscal year. 15 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 nine/eighty (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. Regular Part-Time Employees
Upon completion of one thousand forty (1,040) work hours or one (1) year of continuous active service, whichever occurs first, regular part-time management, supervisory, and professional employees shall be eligible for prorated holidays in accordance with Section XII and as listed below:

Work Schedule
30-35 work hours
20-25 work hours
Holiday Pay
6-7 hours per holiday
4-5 hours per holiday
16 ATTACHMENT A

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL PAY PLAN
This Management, Supervisory, and Professional Pay Plan applies to all regular management, supervisory, and professional, classifications:

I. POLICY
The City's policy for management, supervisory, and professional salaries is to establish and maintain a general salary structure based on marketplace norms and internal job alignment, which provides flexibility to reward management, supervisory, and professional personnel based on performance. Structures, ranges and salary steps 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.

II. ADMINISTRATION
The City Manager shall be accountable to the City Council for the overall administration of the Management, Supervisory, and Professional Pay Plan and will report on such administration annually or more often, as requested.

Department heads are responsible for recommending to the City Manager salary adjustments for employees within their departments who are covered by the Plan.

The City Council shall consider the necessary adjustment of management, supervisory, and professional 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 management, supervisory, and professional 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. 17 III. BASIC PLAN ELEMENTS
A. Structure:

Management Classifications: The Management, Supervisory, and Professional Employee Group Pay Plan for management positions consists of thirty (30) salary ranges which provide an approximate spread of twenty percent (20%) between the minimum and maximum amounts and a differential of approximately five percent (5%) between the maximum of the ranges descending from the maximum amount established for Range No. thirty (30).

All management classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.

B. Supervisory and Professional Classifications: For supervisory and professional classifications, the Pay Plan consists of specific predetermined "salary steps". Each classification shall have five (5) salary steps, with an approximate five percent (5%) differential between each salary step.

As needed competitive marketplace studies will be made which will focus on general salary trends for groups of management, supervisory, and professional positions. Periodically, studies will more specifically include position-by-position comparisons using marketplace and internal relationship data. Depending on the results of these studies, the entire pay grade structure may be adjusted or individual positions may be reassigned to different salary ranges. Such assignment will only affect the salary administration framework. No individual salaries will be automatically changed because of structural adjustments.

C. Performance Appraisal. All management, supervisory, and professional personnel shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date. All individual salary adjustments, including those within a salary range and those made to progress through the pre-determined salary steps, shall be based on performance and require an up-to-date performance evaluation to be considered for a salary adjustment. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The performance review document and the salary adjustment, either within a salary range or to progress through salary steps, recommended by the department head should be forwarded to the City Manager for consideration and final approval.

D. Adjustments based on Management Range Movement. Adjustments to salary ranges may occur to reflect cost-of-living changes, labor market conditions, and parity to avoid compression with non-management, supervisory, and 18 professional position classifications. 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.

E. Meritorious Performance Adjustment for Management. An employee shall be eligible to receive one (1) merit increase per twelve (12) month period if the employee's performance is deemed to be at a satisfactory level or above. A meritorious performance adjustment would be in addition to any adjustment based on range movement. 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 of meritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve (12) month period, but not more than once each six (6) month period 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 (6) month meritorious performance adjustment, the employee's anniversary date will change pursuant to the Personnel Rules and Regulations.

F. Special Adjustment for Management. The City Manager may authorize salary adjustments up to ten percent (10%) 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.
19 ATTACHMENT B

GENERAL LEAVE PLAN FOR

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL EMPLOYEE GROUP 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 in the Management, Supervisory, and Professional Employee Group. Regular part- time employees in the Management, Supervisory, and Professional Group shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an RPT employee with one (1) year of City service who works thirty-five (35) hours per week will receive one hundred sixty-one (161) hours of general leave per year. An RPT employee with one (1) year of City service who works twenty-four (24) hours per week will receive one hundred ten and four-tenths (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 twenty (20) or thirty (30) hour workweek will be reimbursed to RPT 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 Completed Service RFT 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. 20 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 ninetieth (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 seven and sixty-six hundredths (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 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 ninetieth (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 Complete 20-25 hour 30-35 hour
Completed Service Leave Accrual 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 20-25 hour 30-35 hour
Completed Service Maximum Accrual 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
21 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 Department Head 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 (6) 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: Department Heads are 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 Department Head 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 Department Head, or the employee's supervisor.

The time and amount of General Leave to be taken for non- medical purposes shall be determined by the Department Head with due
22 regard 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 Department Head 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 Department Head 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 Department Head 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 Human Resources Department 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 Department Head and Human Resources Director or designees 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 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 incapacitated from returning to employment and is eligible for disability retirement.
23 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, may use unused sick leave balances for absences 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 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
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 for general leave buy-back in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: the employee may elect up to eighty (80) hours of general leave buy-back.
• For regular thirty (30) to thirty-five (35) hour part-time employees: The employee may elect up to sixty (60) to (70) hours of general leave buyback. • For regular twenty (20) to twenty-five (25) hour part-time employees: The employee may elect up to forty (40) to fifty(50) hours of general leave buy-back.
• To be eligible for general leave buy-back, the employee must have used at least one-half of the vacation time accrued during the twelve (12) month period preceding December.
• Employees must have a minimum of ten (10) days (eighty (80) hours for full-time or prorated for part-time) remaining in general leave accruals at 24 the time of buy-back.
• Employees must submit their General Leave Buy-Back Request Form to Payroll by the preceding December. This is an irrevocable election by the employee.

For example, to buy back general leave that is accrued in calendar year 2026, a fulltime employee must elect by December 1, 2025, the amount of hours they want to buy-back. The employee must have used a minimum of fifty percent (50%) of their accrued general leave between December 1, 2024 and November 30, 2025.

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 2026.

The buy-back will be paid out in the last full pay period of December 2026.

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.

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 the time 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 employee and filed with the Human Resources Department. 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

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND ADOPTING A

COMPENSATION AND BENEFIT PLAN FOR THE

CONFIDENTIAL EMPLOYEE GROUP, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE COMPENSATION AND

BENEFIT PLAN AND APPROVING AN AMENDMENT TO
THE CITY’S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
WHEREAS, the City of Newark (the “City”) has previously adopted and periodically amended the Compensation and Benefit Plan for the Confidential Employee Group; and WHEREAS, members of the Confidential Employee Group are unrepresented employees; and
WHEREAS, the City Council desires to establish salaries and benefits for the Confidential Employee Group; and
WHEREAS, the Compensation and Benefit Plan, dated July 1, 2025 (the “Plan”), attached hereto and incorporated herein by this reference as Exhibit A, enumerates the job classifications whose incumbents shall be considered members of the Confidential Employee Group and also provides for the salaries and benefits for the Confidential Employee Group; and
WHEREAS, the City Council finds that the terms and conditions of the Plan are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council hereby approves and adopts the Plan, effective July 1, 2025 and authorizes the City Manager to execute the Plan, with any necessary non-substantive modifications, and to take such further actions as may be necessary to implement the Plan for the period of July 1m 2025 through June 30, 2028, a copy of which is attached as Exhibit A with a redlined version of the prior Plan attached hereto as Exhibit B for general reference only.

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

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 Plan, Effective July 1, 2025.

EXHIBIT A

COMPENSATION AND BENEFIT PLAN

FOR THE

CITY OF NEWARK

CONFIDENTIAL EMPLOYEE GROUP
JULY 1, 2025 THROUGH JUNE 30, 2028
Adopted: June 26, 2025

TABLE OF CONTENTS
Section Page
I. Term 1
II. Salary Increase 1
III. Health and Welfare Programs 2
IV. Acting/Special Assignment Pay 5
V. Proration of Holiday, General, and Bereavement
Leave Accruals for Regular Part-Time Employees (RPT) 6
VI. Holidays 6
VII. Bereavement & Reproductive Loss Leave 8
VIII. General Leave 8
IX. Confidential Leave 9
X. Retirement Benefits 9
XI. Hours of Work 11
XII. Overtime 12
XIII. Educational Reimbursement 13
XIV. Recreation Benefits 14
XV. Implementation of Section 414(h)(2) of the
U.S. Internal Revenue Code 15

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
B General Leave Plan
1 COMPENSATION AND BENEFIT PLAN FOR THE

CONFIDENTIAL EMPLOYEE GROUP
I. TERM
This plan shall be in effect from July 1, 2025, through June 30, 2028.

II. SALARY INCREASE
A. General Salary Increase:

The salary ranges for all classifications shall be increased as follows:
a. Effective July 1, 2025, salary increase shall be four percent (4.0%) b. Effective July 1, 2026, salary increase shall be three and one-half percent (3.5%) c. Effective July 1, 2027, salary increase shall be three and one-half percent (3.5%)

Confidential Group classifications shall be as set forth in Attachment A B. All active employees employed as of July 1, 2025, shall be eligible to receive an offsalary-schedule lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This one-time benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023.

C. In addition to II. B, above, and in recognition of their many years of service, all active employees who have fifteen (15) or more years of service and are employed as of July 1, 2025, shall be eligible to receive an off salary-schedule one-time lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This one-time benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023. 2 III. HEALTH AND WELFARE PROGRAMS
A. Medical Insurance

1. The contribution by the City toward monthly premiums for health and welfare programs of Confidential Group employees 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.

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, Cityadministered 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 will consider the impact of such changes before making any modification to the Flexible Benefit Plan.

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

For Regular, Full-Time and Regular Part-Time Employees working thirty to thirty-five (30-35) hours:

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

Employee Only: $466 - $582
Employee + 1 Dependent: $931 - $1,164
Employee + 2 or more Dependents: $1,230 - $1,537
Effective for the 2026 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time and Regular Part-Time Employees working thirty to thirty-five (30-35) hours :

Employee Only: $1,026
3 Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $513 - $641
Employee + 1 Dependent: $1,025 - $1,281
Employee + 2 or more Dependents: $1,353 - $1,691
Effective for the 2027 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time and Regular Part-Time employees working thirty to thirty-five (30-35) hours:

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $539 - $673
Employee + 1 Dependent: $1,076 - $1,344
Employee + 2 or more Dependents: $1,421 - $1,776
Effective for the 2028 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time and Regular Part-Time employees working thirty to thirty-five (30-35) hours:

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $566 - $707
Employee + 1 Dependent: $1,130 - $1,412
Employee + 2 or more Dependents: $1,493 - $1,866
4 4. Cash-in-Lieu and Cafeteria Plan Cash Back:

Regular full time and regular part time thirty to thirty-five (30-35) hour employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred fifty dollars ($450.00) “cashin-lieu” of benefits, which includes the PEMCHA minimum per Section III. A.1 above. Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred fifty dollars ($450.00) per month of any money not used for the purchase of employer-offered benefits. Cashin-lieu and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working thirty to thirty-five (30-35) hours this amount will be three hundred thirty-eight dollars ($338.00) to three hundred ninety-four dollars ($394.00).

For Regular Part-Time Employees working twenty to twenty-five (20-25) hours this amount will be two hundred twenty-five dollars ($225.00) to two hundred eightyone dollars ($281.00).

5. All regular full-time employees in the Confidential Group shall receive an allowance of up to hundred dollars ($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 Confidential Group shall receive an allowance of up to seventy-five dollars ($75.00) for thirty to thirty-five (30-35) hour employees and up to fifty dollars ($50.00) for twenty to twenty-five (20-25) hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:
i. 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. ii. 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.
iii. When an employee is terminated or in an unpaid leave status, the health and welfare benefit shall be paid on a monthly pro-rata. To qualify for pro- rata pay, the employee must serve fifty percent (50%) of the working days in the pro-rated month.

B. Life Insurance
The City shall provide fifty thousand dollars ($50,000.00) term life insurance coverage for all Confidential employees. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis. 5 C. Short-Term Disability
The City shall continue to offer the State Disability Insurance (SDI) program.

Employees shall pay any costs associated with the SDI program.

IV. ACTING / SPECIAL ASSIGNMENT PAY
A. 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.

Acting assignments that fall within the definition of “out of class assignments” per Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) shall not exceed nine hundred sixty (960) hours in a fiscal year. For purposes of this section an “out of class assignment” is an appointment to an upgraded position or higher classification in a vacant position for a limited duration. For purposes of this section “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence.

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. Confidential employees will be eligible for premium pay of five percent (5%) over base salary or the bottom of the higher classification, whichever is greater while acting in a higher classification when assigned and prescribed by the department head, with City Manager approval. An employee shall not receive an increase that is higher than the top of the range of the higher classification.

4. For a planned absence, acting pay shall be effective the date the employee assumes the duties of the higher position, provided they are designated in writing by the department head either before or after the employee begins the acting assignment.

5. For an unplanned absence, acting pay shall be paid effective five (5) consecutive working days from the absence, provided that the employee is designated in writing by the department head to the acting assignment.

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 assignment shall not constitute acting assignment within 6 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.

B. The City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars ($100.00) per month. Regular part-time employees scheduled to work thirty to thirty-five (30-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75.00) per month and regular part- time employees scheduled to work twenty (20) to twenty-five (25) hours per week will receive bilingual assignment pay of fifty dollars ($50.00) per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522.

V. 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 the actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (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.

VI. HOLIDAYS
A. Holiday
The following days shall be recognized as municipal holidays for pay purposes for regular full-time and regular part-time employees within the Confidential Employee Group:
• 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
• June 19, Juneteenth
• 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
7 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 holidays 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 holidays 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 holidays beginning July 1, in the next fiscal year.

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

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

With the continuation of the nine/eighty (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 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.

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.

Regular part-time employees will receive pro-ration of holidays in accordance with Section V. above 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
The regular part-time employee’s Closed Holiday Credits will be determined by Payroll in the same manner as the full-time employee. The Closed Holiday Credits are prorated according to the 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.
8 VII. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a spouse, registered domestic partner, sibling, parent, stepparent grandparent, grandchild, grandparentin-law, parent-in-law, sibling-in-law, child-in-law, of an employee.