Agenda packet — Ontario City Council, February 1, 2022 (part 5 of 5)

the grievant may request arbitration, upon the request of the grievant, the Association may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Human Resources Director.

Section 7.06 Level V - Arbitration
A. Unless the specific language of the Agreement is in conflict, the arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.

B. The arbitrator will be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable body.

C. The cost of any arbitration proceeding will be divided equally between the two parties.

D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear.

E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the approval of the City Council. Either party will be given the opportunity to submit their arguments before the City Council with regard to the Arbitrators “Finding of Facts,” prior to such approval.

F. Expenses for witnesses will be borne by the party who calls them.

G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this Agreement, City Rule, Regulation or policy regarding working conditions.

H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Section 7.07 General Provisions
A. Failure of the grievant to comply with the time limitations of this Article will render the grievance null and void. Failure by the City representative to timely respond under this Article will permit the grievance to be filed at the next level.

B. Time limits set forth in this Article may be extended by mutual agreement.

C. The processing of grievances filed and unresolved prior the effective date of this Agreement may continue under the grievance procedure in effect at the time of initial filing.

D. No punitive action will be assessed against an employee for utilizing the grievance procedure.

E. The preparation of grievances will be on the employee’s personal time and not during working hours.

F. The parties may consolidate at any level grievances on similar issues.

G. Grievance records will be filed separately from an employee's personnel file and will be considered confidential.
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H. A grievant may withdraw a grievance at any time. The grievant will not file any subsequent grievance on the same alleged incident.

I. A decision by the Associat ion to submit a grievance to arbitration will automatically be a waiver of all other remedies except as provided otherwise by statute.

J. No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.

K. In the event a grievant elects to represent themselves or is represented by someone other than provided by the Association, the Association will be notified of the nature and resolution of the grievance; provided however, that the names of employees and confidential information will not be disclosed. Notification of the employee’s Association will be made within a reasonable time following the resolution of the grievance.

L. Organizational channels will be utilized at all times and participation in the grievance and the discussion of information related thereto will be limited to the parties to the grievance except when such other persons are identified and/or called as witnesses.

M. In the event of a disciplinary action of an employee involving a suspension, reduction in pay or demotion or termination where a pre-disciplinary hearing has already been held, Levels I through III of the grievance procedure will be eliminated and Levels IV and above will be utilized.

N. A group of employees may file one grievance rather than individual grievances as long as the following conditions are met:

1. Each employee in the "group" grievance is individually named.

2. The grievable matter is exactly the same for each employee cited in the grievance.

3. The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the employees involved who represents the Association filing the grievance.

Section 7.08 Authority of Third Party
Each issue decided by a third party neutral will stand on its own merits and will not be used as a precedent by any other third party neutral in deciding any issue before them.

Article VIII. Disciplinary Action
Section 8.01 Definition
A. An employee may be disciplined for violation of policies, misconduct, or any other just cause. Discipline is defined as demotion, discharge, reduction- in-pay, and suspension of employees with regular status. Letters of reprimand, counseling memos, performance improvement plans, performance evaluations, and other related actions are not considered discipline for purposes of this article. This procedure applies to full -time employees with regular status.
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B. Probationary employees are excluded from the provisions of this article. These employees may be disciplined, but the requirements for notification and appeals do not apply.

Procedures related to probationary employees are governed by Section 2.03.

C. All discipline will be administered consistent with Fair Labor Standards Act requirements for exempt employees.

Section 8.02 Notification and Appeal Procedure
A. The employee shall be given written notice of the City’s intent to discipline. Such notice will contain the following information upon which the proposed action is based:

1. the reasons and the charges;

2. a statement of the events or circumstances;

3. written documentation or other related evidence; and

4. response rights
B. The employee will be given the right, either orally or in writing, to respond to the Department Head. The employee will have 14 calendar days from the date the notice of disciplinary action is issued to complete the response.

C. The Department Head shall consider the information provided by the employee and make a final determination regarding discipline. The employee shall receive written notification of the final determination. The final disciplinary action will be implemented at that time.

D. The employee may appeal the discipline within 14 calendar days. The appeal must be filed with the Human Resources Department on or before the 14 th day. The employee shall include the reason for the appeal and state whether they request the appeal with the City Manager or an Agency Head designated by the City Manager (“hearing officer”) or with an outside arbitrator (“arbitrator”).

E. The employee has the ability to choose whether the appeal will be heard with an internal hearing officer or an outside arbitrator. If the employee chooses the internal hearing officer, however, the City Manager may refer the disciplinary appeal to an outside arbitrator.

Section 8.03 Arbitration Procedures
A. The appeal, whether heard by a hearing officer or an arbitrator shall be a full evidentiary hearing. The hearing officer chosen will have no or minimal prior knowledge of the case so that the hearing officer or arbitrator can act as a neutral and independent reviewer of the disciplinary action.

B. Appeals heard by a hearing officer shall be at no cost to the employee. The cost for appeals heard by an outside arbitrator, including the arbitrator, court reporter, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties.

Expenses for witnesses, other than City employees, however, shall be borne by the party who calls them. However, if the employee chooses the hearing officer option and the City exercises its right to use an outside arbitrator instead, the City will pay all arbitration costs.

C. Unless the specific language of the MOU is in conflict, the appeal hearing shall be conducted in accordance with the City’s Disciplinary Hearing Procedures. 1242
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D. The arbitrator shall be selected by mutual agreement of both parties. The hearing officer shall be the City Manager, or an Agency Head the City Manager designates.

E. Failure of the part of the City representative or employee to appear at the appeal hearing, without good cause, shall result in forfeiture of the case and, in the case of a hearing with an outside arbitrator, responsibility for payment of all costs of the arbitration.

F. A final decision of the hearing officer or arbitrator shall be made within 30 calendar days after the close of the hearing.

G. The hearing officer or arbitrator’s decision shall be implemented unless either party requests the review of the City Council. Such a request to review must be made in writing to the Human Resources Director within 30 calendar days after receipt of the decision. The City Council can adopt, modify, or reject the decision.

Section 8.04 Written Rebuttals
A. Letters of reprimand, counseling memos, performance evaluations, performance improvement plans, and other similar written actions are not subject to the notification and appeal procedures in this article. Similarly, probationary discharge, probationary demotions, or other actions taken while an employee is on probation are not subject to the notification and appeal procedures in this article. However, an employee may prepare a written response to be placed in the personnel along with the document. Such written rebuttal must be made within 30 days of receipt of the document.

Article IX. ASSOCIATION MEMBERSHIP AND ACTIVITY
Section 9.01 Release Time
A designated member of the Association may receive reasonable release time to represent another unit member in matters relative to working conditions. Such leave time shall be accommodated only after operational needs of the releasing department are met.

Section 9.02 Records
The City shall provide via email the President of the Association a monthly list of all employees in the association, including the employee's classification title, seniority date within classification, work location, hire date, home address, personal email address (if available) and personal cell phone (if available).

Section 9.03 New Employee Orientation
Provided there are new employees, the City typically conducts new employee orientation weekly. Once per quarter of the calendar year, the City shall release new unit members to attend an orientation session with the Association. During this orientation session, the Association will be allowed up to one (1) hour to meet with new members and to explain the rights and benefits under this memorandum of understanding. The Association and the City will mutually agree as to the date, time, and location of the orientation session at least 10 days prior to the session.
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Article X. GENERAL PROVISIONS
Section 10.01 Personnel Files
A. The official personnel files will be located in and/or maintained by the Human Resources Department. The official personnel file shall consist of a physical file as well as a digital file within the City’s Human Resources Information System. Personnel actions (e.g. discipline, promotions) will be based on documentation within such files.

B. Employees have the right to have access to and copies of any document in the physical version of their official personnel file. Employees may be charged for cost of duplication of any materials in the personnel file for which they request copies.

C. The City shall provide employees with secured online access to the digital version of their personnel file, which includes the ability to view and print records within the file. The ability to access the digital version of the personnel file is subject to internet availability and may be restricted by the softwar e provider during reasonable periods for maintenance and/or required updates.

D. An employee will be provided with an initial copy of any document that will be placed in the official personnel file. An employee wi ll have the right to respond in writing or personal interview to any information contained in the employee’s personnel file. Such a reply will remain in the personnel file so long as the referenced document is in the file.

Section 10.02 Overpayments, Recovery and Underpayments
In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overpayment was rec eived by the employee or sooner at the employee’s discretion.

Either Human Resources, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. A meeting may be requested by the employee with the Payroll Department to review the documentation and to discuss the recovery schedule. The repayment schedule, biweekly repayment amount or alternative repayment method (including repayment from personal funds) will be documented in writing.

Extensions to the period for repayment of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director of Finance or their designee. Extensions will be approved only in the case of extreme hardship, and the extended period for repayment will not be longer than one and one -half times as long as the overpayment period.

If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

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Section 10.03 Direct Deposit and Electronic Pay Advice
A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one month.

B. In an extraordinary circumstances/events that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to the Human Resources Agency to be considered for an exception. Human Resources shall review the request for the Direct Deposit Special Exemption and may request supporting documentation; and the employee will be notified of the determination.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of Human Resources Agency.

D. The electronic pay advice will be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day.

Section 10.04 Separability
If any article or section of this Agreement is found to be in conflict with any statute or regulation of the United States or the State of California by a court of competent jurisdiction, such article or section will be deemed null and void and of no further effect. However, such articles and sections will be severable from the remainder of this Agreement , and all other provisions hereof shall continue in full force and effect.

Section 10.05 Duration and Implementation
A. This Agreement will, upon ratification by both parties , become effective July 1, 2021 and remain in full force and effect up to and including June 30, 2023.

B. Each party will exercise its right to present bargaining proposals for a successor Agreement no earlier than 120 days prior to the expiration of the Agreement and no later than 90 days prior to the expiration of this Agreement.

C. During the period in which this MOU is in full force and effect, should any recognized miscellaneous or sworn bargaining unit reach a signed agreement that results in that group receiving a general salary increase or other net compensation increase greater than what was negotiated as to members of the AOME unit, then the members of the AOME unit shall receive an equivalent general salary increase or a net compensation increase of a similar value. The City and Union shall meet and confer regarding the nature and applicability of a net compensation increase of a similar value. The parties agree and understand that there are differences in ex isting economic terms, and this provision only covers the overall economic value of the negotiated package in the 2021-2022 successor MOU negotiations for the miscellaneous groups and the 2021 -2022 reopener negotiations for the safety groups, with all groups negotiating agreements that expire 6/30/23.

Article XI. FINAL SIGNATURES
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All terms and conditions set forth in this agreement are hereby ratified and agreed upon 16th day of March 2021.

City of Ontario Association of Ontario
Management Employees
Signature Date Signature Date

Angela C. Lopez, Executive Director Human
Resources/Risk Management Michelle Starkey, President

Darlene Sanchez, Assistant City Manager Brian Lirley, Vice-President

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APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate 1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $61.66 $10,687.73 $62.90 $10,902.67
2 $64.74 $11,221.60 $66.04 $11,446.93
3 $67.98 $11,783.20 $69.34 $12,018.93
4 $71.37 $12,370.80 $72.80 $12,618.67
5 $74.93 $12,987.87 $76.43 $13,247.87
1 $71.42 $12,379.47 $72.85 $12,627.33
2 $74.99 $12,998.27 $76.49 $13,258.27
3 $78.74 $13,648.27 $80.32 $13,922.13
4 $82.68 $14,331.20 $84.34 $14,618.93
5 $86.80 $15,045.33 $88.54 $15,346.93
1 $46.80 $8,112.00 $47.74 $8,274.93
2 $49.16 $8,521.07 $50.15 $8,692.67
3 $51.59 $8,942.27 $52.63 $9,122.53
4 $54.18 $9,391.20 $55.27 $9,580.13
5 $56.89 $9,860.93 $58.03 $10,058.53
1 $51.99 $9,011.60 $53.03 $9,191.87
2 $54.59 $9,462.27 $55.69 $9,652.93
3 $57.32 $9,935.47 $58.47 $10,134.80
4 $60.17 $10,429.47 $61.38 $10,639.20
5 $63.20 $10,954.67 $64.47 $11,174.80
1 $67.46 $11,693.07 $68.81 $11,927.07
2 $70.84 $12,278.93 $72.26 $12,525.07
3 $74.38 $12,892.53 $75.87 $13,150.80
4 $78.09 $13,535.60 $79.66 $13,807.73
5 $82.00 $14,213.33 $83.64 $14,497.60
1 $51.99 $9,011.60 $53.03 $9,191.87
2 $54.59 $9,462.27 $55.69 $9,652.93
3 $57.32 $9,935.47 $58.47 $10,134.80
4 $60.17 $10,429.47 $61.38 $10,639.20
5 $63.20 $10,954.67 $64.47 $11,174.80
Assistant Building Official
Approximate Salaries*
July 3, 2021 July 4, 2022
Accounting Manager
Administrative Officer
Assistant City Engineer
Assistant Library Director
Assistant Parks and Maintenance
Director
Assistant Planning Director
Assistant Recreation/Community
Services Director
* Actual rates will be calculated by the City's payroll system. Page 1 of 10 1247

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $58.75 $10,183.33 $59.93 $10,387.87
2 $61.68 $10,691.20 $62.92 $10,906.13
3 $64.76 $11,225.07 $66.06 $11,450.40
4 $68.00 $11,786.67 $69.36 $12,022.40
5 $71.39 $12,374.27 $72.82 $12,622.13
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $54.55 $9,455.33 $55.65 $9,646.00
2 $57.29 $9,930.27 $58.44 $10,129.60
3 $60.14 $10,424.27 $61.35 $10,634.00
4 $63.15 $10,946.00 $64.42 $11,166.13
5 $66.32 $11,495.47 $67.65 $11,726.00
1 $38.24 $6,628.27 $39.01 $6,761.73
2 $40.17 $6,962.80 $40.98 $7,103.20
3 $42.18 $7,311.20 $43.03 $7,458.53
4 $44.28 $7,675.20 $45.17 $7,829.47
5 $46.50 $8,060.00 $47.43 $8,221.20
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $39.24 $6,801.60 $40.03 $6,938.53
2 $41.19 $7,139.60 $42.02 $7,283.47
3 $43.25 $7,496.67 $44.12 $7,647.47
4 $45.42 $7,872.80 $46.33 $8,030.53
5 $47.70 $8,268.00 $48.66 $8,434.40
5 $46.50 $8,060.00 $47.43 $8,221.20
4 $44.28 $7,675.20 $45.17 $7,829.47
3 $42.18 $7,311.20 $43.03 $7,458.53
2 $40.17 $6,962.80 $40.98 $7,103.20
1 $38.24 $6,628.27 $39.01 $6,761.73
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $55.45 $9,611.33 $56.56 $9,803.73
2 $58.23 $10,093.20 $59.40 $10,296.00
3 $61.12 $10,594.13 $62.35 $10,807.33
4 $64.17 $11,122.80 $65.46 $11,346.40
5 $67.40 $11,682.67 $68.75 $11,916.67
Community Life and Culture
Officer
Community Relations and
Communications Manager
Community Information
Supervisor
Broadband Operations Manager
Budget Manager
Building Inspection Manager
Business License Supervisor
Community Improvement
Manager
Community Improvement
Supervisor
* Actual rates will be calculated by the City's payroll system. Page 2 of 10 1248

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $55.45 $9,611.33 $56.56 $9,803.73
2 $58.23 $10,093.20 $59.40 $10,296.00
3 $61.12 $10,594.13 $62.35 $10,807.33
4 $64.17 $11,122.80 $65.46 $11,346.40
5 $67.40 $11,682.67 $68.75 $11,916.67
1 $42.56 $7,377.07 $43.42 $7,526.13
2 $44.68 $7,744.53 $45.58 $7,900.53
3 $46.92 $8,132.80 $47.86 $8,295.73
4 $49.26 $8,538.40 $50.25 $8,710.00
5 $51.73 $8,966.53 $52.77 $9,146.80
1 $49.35 $8,554.00 $50.34 $8,725.60
2 $51.83 $8,983.87 $52.87 $9,164.13
3 $54.42 $9,432.80 $55.51 $9,621.73
4 $57.15 $9,906.00 $58.30 $10,105.33
5 $60.00 $10,400.00 $61.20 $10,608.00
1 $42.36 $7,342.40 $43.21 $7,489.73
2 $44.48 $7,709.87 $45.37 $7,864.13
3 $46.70 $8,094.67 $47.64 $8,257.60
4 $49.03 $8,498.53 $50.02 $8,670.13
5 $51.47 $8,921.47 $52.50 $9,100.00
1 $55.45 $9,611.33 $56.56 $9,803.73
2 $58.23 $10,093.20 $59.40 $10,296.00
3 $61.12 $10,594.13 $62.35 $10,807.33
4 $64.17 $11,122.80 $65.46 $11,346.40
5 $67.40 $11,682.67 $68.75 $11,916.67
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $45.23 $7,839.87 $46.14 $7,997.60
2 $47.49 $8,231.60 $48.44 $8,396.27
3 $49.86 $8,642.40 $50.86 $8,815.73
4 $52.34 $9,072.27 $53.39 $9,254.27
5 $54.95 $9,524.67 $56.05 $9,715.33
EMS Nurse
EMS/Nurse Administrator
Environmental Programs Manager
Continuum of Care Manager
Crime Analysis Supervisor
Emergency Manager
Economic Development
Coordinator
Deputy Fire Marshal
Economic Development Manager
* Actual rates will be calculated by the City's payroll system. Page 3 of 10 1249

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $47.35 $8,207.33 $48.30 $8,372.00
2 $49.70 $8,614.67 $50.70 $8,788.00
3 $52.20 $9,048.00 $53.25 $9,230.00
4 $54.80 $9,498.67 $55.90 $9,689.33
5 $57.54 $9,973.60 $58.70 $10,174.67
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $55.45 $9,611.33 $56.56 $9,803.73
2 $58.23 $10,093.20 $59.40 $10,296.00
3 $61.12 $10,594.13 $62.35 $10,807.33
4 $64.17 $11,122.80 $65.46 $11,346.40
5 $67.40 $11,682.67 $68.75 $11,916.67
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $51.99 $9,011.60 $53.03 $9,191.87
2 $54.59 $9,462.27 $55.69 $9,652.93
3 $57.32 $9,935.47 $58.47 $10,134.80
4 $60.17 $10,429.47 $61.38 $10,639.20
5 $63.20 $10,954.67 $64.47 $11,174.80
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
Forensics Manager
Housing Manager
Integrated Waste Assistant
Division Manager
Integrated Waste Division
Manager
Internal Audit Manager
Environmental Water/Wastewater
Engineer
Fire Communications Manager
Fire Protection Analyst
Fleet Services Manager
* Actual rates will be calculated by the City's payroll system. Page 4 of 10 1250

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $58.75 $10,183.33 $59.93 $10,387.87
2 $61.68 $10,691.20 $62.92 $10,906.13
3 $64.76 $11,225.07 $66.06 $11,450.40
4 $68.00 $11,786.67 $69.36 $12,022.40
5 $71.39 $12,374.27 $72.82 $12,622.13
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $42.36 $7,342.40 $43.21 $7,489.73
2 $44.48 $7,709.87 $45.37 $7,864.13
3 $46.70 $8,094.67 $47.64 $8,257.60
4 $49.03 $8,498.53 $50.02 $8,670.13
5 $51.47 $8,921.47 $52.50 $9,100.00
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
Police Records Manager
IT Applications Manager
Library Services Manager
Municipal Services Manager
Parks and Maintenance Manager
Payroll Manager
Performance and Optimization
Manager
Plan Check Engineer
Police Communications Manager
* Actual rates will be calculated by the City's payroll system. Page 5 of 10 1251

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $60.69 $10,519.60 $61.91 $10,731.07
2 $63.71 $11,043.07 $64.99 $11,264.93
3 $66.92 $11,599.47 $68.26 $11,831.73
4 $70.25 $12,176.67 $71.66 $12,421.07
5 $73.76 $12,785.07 $75.24 $13,041.60
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $61.35 $10,634.00 $62.58 $10,847.20
2 $64.40 $11,162.67 $65.69 $11,386.27
3 $67.61 $11,719.07 $68.97 $11,954.80
4 $71.00 $12,306.67 $72.42 $12,552.80
5 $74.54 $12,920.27 $76.04 $13,180.27
1 $58.75 $10,183.33 $59.93 $10,387.87
2 $61.68 $10,691.20 $62.92 $10,906.13
3 $64.76 $11,225.07 $66.06 $11,450.40
4 $68.00 $11,786.67 $69.36 $12,022.40
5 $71.39 $12,374.27 $72.82 $12,622.13
1 $46.61 $8,079.07 $47.55 $8,242.00
2 $48.91 $8,477.73 $49.89 $8,647.60
3 $51.37 $8,904.13 $52.40 $9,082.67
4 $53.93 $9,347.87 $55.01 $9,535.07
5 $56.63 $9,815.87 $57.77 $10,013.47
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
1 $32.54 $5,640.27 $33.20 $5,754.67
2 $34.16 $5,921.07 $34.85 $6,040.67
3 $35.88 $6,219.20 $36.60 $6,344.00
4 $37.67 $6,529.47 $38.43 $6,661.20
5 $39.55 $6,855.33 $40.35 $6,994.00
Project Manager
Public Facilities Maintenance
Manager
Public Services Project Manager
Purchasing Manager
Records Manager
Principal Engineer
Principal IT Analyst
Principal Planner
Principal Project Manager
* Actual rates will be calculated by the City's payroll system. Page 6 of 10 1252

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $38.24 $6,628.27 $39.01 $6,761.73
2 $40.17 $6,962.80 $40.98 $7,103.20
3 $42.18 $7,311.20 $43.03 $7,458.53
4 $44.28 $7,675.20 $45.17 $7,829.47
5 $46.50 $8,060.00 $47.43 $8,221.20
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $52.52 $9,103.47 $53.58 $9,287.20
2 $55.16 $9,561.07 $56.27 $9,753.47
3 $57.91 $10,037.73 $59.07 $10,238.80
4 $60.80 $10,538.67 $62.02 $10,750.13
5 $63.83 $11,063.87 $65.11 $11,285.73
1 $52.52 $9,103.47 $53.58 $9,287.20
2 $55.16 $9,561.07 $56.27 $9,753.47
3 $57.91 $10,037.73 $59.07 $10,238.80
4 $60.80 $10,538.67 $62.02 $10,750.13
5 $63.83 $11,063.87 $65.11 $11,285.73
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
Senior Landscape Architect
Recreation/Community Services
Manager
Revenue Manager
Revenue Services Supervisor
Risk/Safety Manager
Senior Associate Civil Engineer
Senior Human Resources Analyst
Senior Financial Analyst
Senior Associate Engineer
* Actual rates will be calculated by the City's payroll system. Page 7 of 10 1253

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $42.36 $7,342.40 $43.21 $7,489.73
2 $44.48 $7,709.87 $45.37 $7,864.13
3 $46.70 $8,094.67 $47.64 $8,257.60
4 $49.03 $8,498.53 $50.02 $8,670.13
5 $51.47 $8,921.47 $52.50 $9,100.00
1 $42.36 $7,342.40 $43.21 $7,489.73
2 $44.48 $7,709.87 $45.37 $7,864.13
3 $46.70 $8,094.67 $47.64 $8,257.60
4 $49.03 $8,498.53 $50.02 $8,670.13
5 $51.47 $8,921.47 $52.50 $9,100.00
1 $51.44 $8,916.27 $52.47 $9,094.80
2 $54.02 $9,363.47 $55.11 $9,552.40
3 $56.72 $9,831.47 $57.86 $10,029.07
4 $59.56 $10,323.73 $60.76 $10,531.73
5 $62.53 $10,838.53 $63.79 $11,056.93
1 $53.08 $9,200.53 $54.15 $9,386.00
2 $55.73 $9,659.87 $56.85 $9,854.00
3 $58.52 $10,143.47 $59.70 $10,348.00
4 $61.45 $10,651.33 $62.68 $10,864.53
5 $64.51 $11,181.73 $65.81 $11,407.07
1 $50.72 $8,791.47 $51.74 $8,968.27
2 $53.27 $9,233.47 $54.34 $9,418.93
3 $55.93 $9,694.53 $57.05 $9,888.67
4 $58.71 $10,176.40 $59.89 $10,380.93
5 $61.65 $10,686.00 $62.89 $10,900.93
1 $38.15 $6,612.67 $38.92 $6,746.13
2 $40.07 $6,945.47 $40.88 $7,085.87
3 $42.08 $7,293.87 $42.93 $7,441.20
4 $44.18 $7,657.87 $45.07 $7,812.13
5 $46.38 $8,039.20 $47.31 $8,200.40
1 $51.47 $8,921.47 $52.50 $9,100.00
2 $54.05 $9,368.67 $55.14 $9,557.60
3 $56.77 $9,840.13 $57.91 $10,037.73
4 $59.60 $10,330.67 $60.80 $10,538.67
5 $62.57 $10,845.47 $63.83 $11,063.87
1 $45.56 $7,897.07 $46.48 $8,056.53
2 $47.82 $8,288.80 $48.78 $8,455.20
3 $50.23 $8,706.53 $51.24 $8,881.60
4 $52.73 $9,139.87 $53.79 $9,323.60
5 $55.36 $9,595.73 $56.47 $9,788.13
1 $45.56 $7,897.07 $46.48 $8,056.53
2 $47.82 $8,288.80 $48.78 $8,455.20
2 $50.23 $8,706.53 $51.24 $8,881.60
4 $52.73 $9,139.87 $53.79 $9,323.60
5 $55.36 $9,595.73 $56.47 $9,788.13
Senior Legislative Analyst
Senior Project Coordinator
Senior Planner
Senior Plan Check Engineer
Senior Network Engineer
Senior Management Analyst
Supervising Building Inspector
Senior Project Manager
Supervising Managing Curator
* Actual rates will be calculated by the City's payroll system. Page 8 of 10 1254

APPENDIX A - SALARY GRADE TABLE
2021-2023 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES MOU Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2021 July 4, 2022
1 $45.56 $7,897.07 $46.48 $8,056.53
2 $47.82 $8,288.80 $48.78 $8,455.20
3 $50.23 $8,706.53 $51.24 $8,881.60
4 $52.73 $9,139.87 $53.79 $9,323.60
5 $55.36 $9,595.73 $56.47 $9,788.13
1 $61.35 $10,634.00 $62.58 $10,847.20
2 $64.40 $11,162.67 $65.69 $11,386.27
3 $67.61 $11,719.07 $68.97 $11,954.80
4 $71.00 $12,306.67 $72.42 $12,552.80
5 $74.54 $12,920.27 $76.04 $13,180.27
1 $71.42 $12,379.47 $72.85 $12,627.33
2 $74.99 $12,998.27 $76.49 $13,258.27
3 $78.74 $13,648.27 $80.32 $13,922.13
4 $82.68 $14,331.20 $84.34 $14,618.93
5 $86.80 $15,045.33 $88.54 $15,346.93
1 $38.24 $6,628.27 $39.01 $6,761.73
2 $40.18 $6,964.53 $40.99 $7,104.93
3 $42.18 $7,311.20 $43.03 $7,458.53
4 $44.28 $7,675.20 $45.17 $7,829.47
5 $46.50 $8,060.00 $47.43 $8,221.20
1 $71.42 $12,379.47 $72.85 $12,627.33
2 $74.99 $12,998.27 $76.49 $13,258.27
3 $78.73 $13,646.53 $80.31 $13,920.40
4 $82.68 $14,331.20 $84.34 $14,618.93
5 $86.80 $15,045.33 $88.54 $15,346.93
1 $43.88 $7,605.87 $44.76 $7,758.40
2 $46.06 $7,983.73 $46.99 $8,144.93
3 $48.37 $8,384.13 $49.34 $8,552.27
4 $50.77 $8,800.13 $51.79 $8,976.93
5 $53.32 $9,242.13 $54.39 $9,427.60
1 $55.43 $9,607.87 $56.54 $9,800.27
2 $58.21 $10,089.73 $59.38 $10,292.53
3 $61.10 $10,590.67 $62.33 $10,803.87
4 $64.15 $11,119.33 $65.44 $11,342.93
5 $67.37 $11,677.47 $68.72 $11,911.47
1 $49.28 $8,541.87 $50.27 $8,713.47
2 $51.76 $8,971.73 $52.80 $9,152.00
3 $54.34 $9,418.93 $55.43 $9,607.87
4 $57.05 $9,888.67 $58.20 $10,088.00
5 $59.92 $10,386.13 $61.12 $10,594.13
1 $55.43 $9,607.87 $56.54 $9,800.27
2 $58.21 $10,089.73 $59.38 $10,292.53
3 $61.10 $10,590.67 $62.33 $10,803.87
4 $64.15 $11,119.33 $65.44 $11,342.93
5 $67.37 $11,677.47 $68.72 $11,911.47
Sustainability Program Manager
Traffic/Transportation Manager
Supervising Public Works
Inspector
Water Production Manager
Utilities Project Manager
Utilities Operations Division
Manager
Utilities Operations Assistant
Division Manager
Utilities Engineering Division
Manager
Utilities Customer Services
Supervisor
* Actual rates will be calculated by the City's payroll system. Page 9 of 10 1255

Compensation and
Benefits Profile

For

City of Ontario

Confidential / Specialized
Confidential
Employees

July 1, 2021

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TABLE OF CONTENTS

ARTICLE I. ADMINISTRATION ............................................................................................ 4 SECTION 1.01 INTRODUCTION ......................................................................................................... 4 SECTION 1.02 PURPOSE OF PLAN ...................................................................................................... 4 SECTION 1.03 BENEFIT LEVEL STRUCTURE .......................................................................................... 5 SECTION 1.04 DEFINITIONS ............................................................................................................ 5 ARTICLE II. EMPLOYMENT PROVISIONS ............................................................................. 6 SECTION 2.01 PROBATIONARY PERIOD ............................................................................................... 6 SECTION 2.02 HOURS OF WORK ....................................................................................................... 7 SECTION 2.03 TRANSFERS AND JOB CHANGES ...................................................................................... 7 SECTION 2.04 LAYOFF PROCEDURES .................................................................................................. 8 ARTICLE III. CLASSIFICATIONS ............................................................................................ 9 SECTION 3.01 NEW CLASSIFICATIONS ................................................................................................ 9 SECTION 3.02 HIGHER CLASSIFICATION WORK..................................................................................... 9 SECTION 3.03 CLASSIFICATION REVIEW ............................................................................................. 9 SECTION 3.04 CLASSIFICATION REVIEW/APPEAL ................................................................................... 9 ARTICLE IV. COMPENSATION ............................................................................................. 10 SECTION 4.01 SALARY ................................................................................................................. 10 SECTION 4.02 PAY PLAN AND BENEFITS REVIEW ................................................................................. 10 SECTION 4.03 OVERTIME .............................................................................................................. 10 SECTION 4.04 COMPENSATORY TIME ............................................................................................... 11 SECTION 4.05 SKILLS AND CERTIFICATIONS ....................................................................................... 11 SECTION 4.06 SPECIAL ASSIGNMENT – RECORDING COMMISSION MEETINGS ............................................. 12 SECTION 4.07 ON-CALL DUTY ....................................................................................................... 12 SECTION 4.08 MERIT INCREASES .................................................................................................... 12 SECTION 4.09 AMERICAN RESCUE PLAN ACT PREMIUM PAY ................................................................... 13 ARTICLE V. LEAVES – PAID AND UNPAID ......................................................................... 14 SECTION 5.01 HOLIDAYS .............................................................................................................. 14 SECTION 5.02 VACATION (CONFIDENTIAL) ........................................................................................ 15 SECTION 5.03 VACATION CONVERSION (CONFIDENTIAL) ....................................................................... 15 SECTION 5.04 SICK LEAVE/RETAINED SICK LEAVE ............................................................................... 16 SECTION 5.05 ANNUAL LEAVE (SPECIALIZED CONFIDENTIAL) ................................................................. 17 SECTION 5.06 ANNUAL LEAVE CONVERSION (SPECIALIZED CONFIDENTIAL) ................................................ 18 SECTION 5.07 PERSONAL LEAVE ..................................................................................................... 18 SECTION 5.08 MANAGEMENT LEAVE (SPECIALIZED CONFIDENTIAL) .......................................................... 19 SECTION 5.09 BEREAVEMENT LEAVE ................................................................................................ 19 SECTION 5.10 FAMILY MEDICAL LEAVES ........................................................................................... 19 SECTION 5.11 CATASTROPHIC LEAVE PROGRAM .................................................................................. 20 SECTION 5.12 JURY DUTY ............................................................................................................. 21 ARTICLE VI. BENEFITS ........................................................................................................ 21 SECTION 6.01 HEALTH INSURANCE CONTRIBUTION ............................................................................. 21 SECTION 6.02 CITY CONTRIBUTIONS TO CAFETERIA PLAN BENEFITS ........................................................ 21 SECTION 6.03 FLEXIBLE SPENDING ACCOUNTS ................................................................................... 24 SECTION 6.04 RETIREMENT ........................................................................................................... 24 SECTION 6.05 DEFERRED COMPENSATION ......................................................................................... 25 SECTION 6.06 EMPLOYEE ASSISTANCE PROGRAM ................................................................................ 25 SECTION 6.07 TRAINING .............................................................................................................. 25 SECTION 6.08 TUITION REIMBURSEMENT .......................................................................................... 25 1258
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ARTICLE VII. DISCIPLINARY PROCEDURE .......................................................................... 26 SECTION 7.01 PROVISIONS ........................................................................................................... 26 SECTION 7.02 RESPONSE .............................................................................................................. 26 SECTION 7.03 APPEAL HEARINGS .................................................................................................... 27 SECTION 7.04 GENERAL PROVISIONS ............................................................................................... 28 SECTION 7.05 WRITTEN REBUTTALS ................................................................................................ 28 ARTICLE VIII. COMPLAINT/GRIEVANCE PROCEDURE .......................................................... 28 SECTION 8.01 DEFINITIONS .......................................................................................................... 28 SECTION 8.02 LEVEL I - INFORMAL REVIEW ....................................................................................... 29 SECTION 8.03 LEVEL II – FORMAL .................................................................................................. 29 SECTION 8.04 LEVEL III ............................................................................................................... 30 SECTION 8.05 LEVEL IV ............................................................................................................... 30 SECTION 8.06 LEVEL V – ARBITRATION ............................................................................................ 30 SECTION 8.07 GENERAL PROVISIONS ............................................................................................... 31 SECTION 8.08 AUTHORITY OF THIRD PARTY ...................................................................................... 32 ARTICLE IX. GENERAL PROVISIONS .................................................................................. 32 SECTION 9.01 PERSONNEL FILES .................................................................................................... 32 SECTION 9.02 SEVERABILITY ......................................................................................................... 32 SECTION 9.03 PEACEFUL PERFORMANCE OF CITY SERVICES ................................................................... 33 ARTICLE X. FINAL SIGNATURE .......................................................................................... 34

Appendix A – Salary Grade Table
Appendix B – Grievance Form

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Article I. ADMINISTRATION
Section 1.01 Introduction

This document sets forth policies and procedures to follow in implementing and administering this program. The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and the “Employment Policies” in the Cit y’s Online Policy Center in effect and applicable to Confidential/Specialized Confidential employees will remain in effect unless modified or superseded by provisions within this document.

The Confidential /Specialized Confidential Employee Compensation and Benefits Profile is a summary of benefits and compensation practices adopted by the City Council over the years on an on-going basis. Provisions within this document apply to all employees appointed to positions in the following Confidential or Specialized Confidential classifications.

CONFIDENTIAL OR SPECIALIZED CONFIDENTIAL CLASSIFICATIONS Accountant Office Specialist – Confidential
Accounting Technician Payroll Analyst
Accounts Payable Technician Payroll Coordinator
Administrative Assistant
Administrative Assistant to the City Council Payroll Technician Administrative Assistant to the City Manager Records Coordinator Administrative Specialist Records Specialist

Community Information Specialist
Database Administrator Senior Accountant
Economic Development Analyst Senior Accounts Payable Technician Economic Development Specialist Senior Community Information Specialist* Executive Assistant to the City Manager * Senior Performance and Optimization Analyst
Financial Analyst Senior Administrative Assistant
Human Resources Analyst * Senior Information Technology Specialist Human Resources Specialist Senior Records Specialist
Human Resources Technician Senior Systems Analyst
Information Technology Specialist
Information Technology Technician Senior Telecommunications Analyst Internal Auditor * Systems Analyst
Investment Officer * Systems Specialist
Legislative Analyst * Telecommunications Analyst
Management Analyst – Confidential Web Developer
Office Assistant – Confidential Web Technician
* Specialized Confidential (SCN)
Section 1.02 Purpose of Plan

Confidential/Specialized Confidential Employees are defined as City employees who are in 1260
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positions privy to decisions of City Management affecting employer-employee relations or whose duties normally require access to confidential information. Such positions are not represented by an employee organization in accordance with Section 3507.5 of the Meyers-Milias-Brown Act.

Section 1.03 Benefit Level Structure

There are two divisions of employees within the Confidential /Specialized Confidential Group.

These two divisions are identified as Specialized Confidential, which includes classifications that are not eligible to receive overtime compensation (FLSA non-exempt), and Confidential, which includes classifications that are eligible to receive overtime compensation (non -FLSA (identified in Section 1.01, Introduction).

Section 1.04 Definitions
A. Employee Unit
The job classifications listed in Section 1.01, Introduction.

B. Calendar Year
The period of 12 consecutive months commencing on January 1 st and ending on December 31st.

C. Fiscal Year
The period of 12 consecutive months commencing on July 1st and ending on June 30th.

D. Day
A 24-hour day beginning at 12:00 midnight and ending the following 11:59 pm.

E. Employee

1. Regular Employee – An employee who is scheduled to work on a full -time basis and has completed the probationary period.

2. Probationary Employee – A full- time employee who has not completed the probationary period.

F. Working Day
The working day is defined as the number of hours an employee is regularly scheduled to work each day. For example, an employee working a 5/8 schedule would have an eight-hour working day; an employee working a 9/80 schedule would have eight nine- hour working days and one eight-hour working day every two weeks; an employee on a 4/10 work schedule would have a ten- hour working day; employees working a 5/9 schedule will have four nine-hour work days and one four-hour day.

G. FLSA Work Week

The work week for all schedules shall begin on Sunday and end on Saturday. The City may adjust the work week definition for alternative work schedules and designate a fixed beginning and end time based on the employee’s regularly assigned work schedule in compliance with the Fair Labor Standards Act.

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The most common example of an alternative work schedule not using the Sunday through Saturday workweek is a 9/80 schedule, four (4), nine- hour days per workweek and one alternating eight-hour day (flex day worked)/regular day off (flex day off). Employees assigned a 9/80 schedule have a FLSA workweek designated as beginning four hours into their alternating regular day off or eight -hour day. An example 9/80 schedule is below.

Fri Sat Sun Mon Tue Wed Thur Fri

Week 1

9 9 9 9 4 = 40
hours
Week 2 4

9 9 9 9

= 40
hours
TOTAL = 80
Hours

Article II. EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
A. Objective
The probationary period is an integral part of the testing process utilized for closely observing the employee’s work and the employee’s adjustment within the organization. During the probationary period, the City shall coach and provide direction to the employee to assess the employee’s adaptability to the City’s work environment and if they are fully qualified for employment in the classification B. Length

1. An original appointment is defined as an appointment of a new hire, rehire, or temporary/part-time employee being appointed to a regular position. All original appointments shall be subject to a probationary period of 12 months.

2. A promotional appointment is defined as the appointment of a current full -time employee who is promoted into another full -time position. Promotional appointments for employees who have attained regular status in a prior classification shall be subject to a promotional probationary period of 6 months.

Promotional appointments for employees who have not attained regular status in a prior classification shall be subject to a probationary period of 12 months. Time served during a temporary promotion does not count toward the probationary period in the higher classification.

3. If a probationary employee is on leave for more than 30 consecutive calendar days during the probationary period, that employee’s probationary period shall be extended by the duration of the employee’s consecutive leave. The Department Head may also extend an employee’s probation by up to a total of six months upon written notice delivered to the employee prior to the completion of the employee’s probationary period.

C. Probationary Release
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1. During the probationary period, an employee , who has not yet attained regular status in any classification may be terminated from employment by the Department Head without cause and without right of appeal. Notification shall be in writing to the employee and may be given without advance notice.

2. Except in such situations where the employee is terminated for cause, an employee who is released while serving a probationary period after promotion shall be returned to the employee’s previous cl assification provided the employee had regular status in that classification.

Section 2.02 Hours of Work
A. Work Schedules
The City reserves the right to schedule work as required in a manner most advantageous to the City and consistent with the public interest and the requirements of municipal employment.

The City may revise work schedules from time to time. All schedule changes must take effect at the beginning of a pay period.

B. Overtime
The City reserves the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the public interest and the requirement of municipal employment. The City further reserves the right to determine appropriate classification for overtime assignment, and those qualified for assignment, and the ability to utilize employees within appropriate classifications from departments other than that requiring the overtime.

C. Meal Time
All employees are subject to the “Meal Time” policy found in Rule XXVI, “Hours of Work” of the Personnel Rules and Regulations.

D. Breaks – Rest Periods
All employees are subject to the “Breaks -Rest Periods” policy found in Rule XXVI, “Hours of Work” of the Personnel Rules and Regulations.

Section 2.03 Transfers and Job Changes
A. A transfer is the movement of an individual from one department to another while remaining in the same classification with similar duties and responsibilities. A transfer within the employee’s department or to another department may be initiated at any time by the City Manager upon the recommendations of the Department Heads concerned or to meet the needs of the City. All transfers must be within comparable classes, and no employee will be transferred to a position for which the employee does not possess the minimum qualifications. A transfer shall not be used to circumvent the regulations surrounding promotion, demotion, advancement or reduction. If the employee being transferred has attained regular status in their classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end- of-probation date.

B. A job change is an employee’s voluntary movement into another classification at the 1263
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same salary range or within 1%. A downward movement to a salary range within 1% will not be considered a demotion as defined in the Personnel Rules and Regulations.

A job change may be affected at any time by the City Manager upon request of the employee and recommendati ons of the Department Heads concerned or to meet the needs of City service. An employee changing jobs must possess the minimum qualifications for the new classification. The probationary period requirement and return rights for job changes shall be the same as for promotions.

Section 2.04 Layoff Procedures
A. The City Manager may layoff regular and probationary employees at any time for lack of work, lack of funds, or other changes that have taken place. The employee is to be given two weeks’ notice before such a layoff is effective.

B. A demotion or transfer to another department may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.

C. In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and be placed on a “Recall List” and shall be eligible for recall for one year from the date of placement on the list; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur. The order of layoff shall be:

1. Temporary employees in the affected classification shall be removed first.

2. Probationary employees in the affected classification shall be removed next.

3. Regular employees in the affected classification shall be subject to layoff next.

D. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available.

E. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less overall City seniority (displacement seniority) provided it is in a position in which the employee formerly held a regular appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered to be laid off for the same reason as the person who displaced the employee, and s hall in the same manner be eligible to displace to a position in a classification in which the employee formerly held a regular appointment, is qualified by education and/or experience, and is capable of performing the duties of the classification.

F. Failure to return to work from layoff within 15 calendar days after notice to return by personal email (if available), certified or registered mail to the employee at the employee’s last known address on file with the Human Resources Department or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re-employment responsibilities placed on the City. 1264
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Article III. CLASSIFICATIONS
Section 3.01 New Classifications

The Human Resources Director shall periodically review new and existing city positions and recommend their inclusion in this group. Upon approval by the City Manager, such positions shall be considered as Confidential.

Section 3.02 Higher Classification Work
A. When an employee is assigned by the employee’s Department Head to temporarily perform the duties of a position in a higher classification for more than 80 consecutive hours, the employee shall receive pay for working in the higher classification. The Department Head or designee shall determine and specifically assign, in writing , an employee to perform all of the significant duties of a higher classification.

1. The higher salary rate payable shall commence on the 81st working hour following the temporary assignment to the performance of duties of the higher classific ation.

The higher rate of pay shall be defined as a five percent increase in pay or the minimum salary rate for the higher classification, whichever is greater.

2. If the higher classification is in a different bargaining unit than the employee’s regular classification, the employee would only receive the base salary change, not a change in benefits or unit.

3. Employees temporarily assigned to perform duties of the higher classification must meet the minimum qualification of the higher classification without any more supervision than another would be in the same job.

4. The assignment shall continue until the City no longer requires the employee to perform the duties of such assignment.

5. At the end of such assignment, the employee performing the temporary assignment shall be returned to the employee’s original position and salary rate.

Section 3.03 Classification Review
A. An employee may request a classification review of the employee’s position. Such request shall be forwarded through the line of supervision to the Human Resources Director.

B. An employee shall not submit a subsequent request prior to 18 months after completion of any previous classification review, unless the employee's position has undergone a considerable change in duties and responsibilities.

C. The employee shall be notified in writing of the classification review decision.

Section 3.04 Classification Review/Appeal
A. An employee may appeal the decision of a classification review no later than ten working days after such results have been provided to the employee. Suc h an appeal shall be filed with the Human Resources Department. The appeal shall include a detailed 1265
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statement by the employee indicating the employee’s reasons for disagreement with the classification review decision.

B. A designated individual in the Human Resources Department shall hold a meeting with the employee no later than 14 working days after the appeal is filed. The designated individual shall not be the same person who conducted the initial classification review.

This individual shall respond in writing to the employee no later than 21 working days after meeting with the employee.

C. In the event the matter is not settled at the Human Resources Department level, the employee may appeal the decision to the City Manager within 10 working days from Human Resource’s response. The City Manager shall review and respond to the appeal within 10 working days of such appeal. The City Manager’s response shall be final.

D. These procedures shall represent the employee’s singular appeal process and the City Manager’s response shall not be subject to the arbitration provisions or any other provision of the grievance procedures in this Profile.

Article IV. COMPENSATION
Section 4.01 Salary
A. The following salary increases shall be implemented for employees covered by this Profile:

1. Effective July 4, 2021, employees within the unit will receive a 2% increase in base salary.

2. Effective July 3, 2022, employees within the unit will receive a 2% increase in base salary.

B. Wages for the various classifications are set forth in Appendix “A.” All non-exempt employees are paid on an hourly basis.

Section 4.02 Pay Plan and Benefits Review

The City will perform a periodic review of benefit and salary levels within the job market to establish competitive benefits and salary levels. Such levels may be adjusted from time to time, with the budgetary approval of the City Council. An adjustment to salary ranges does not require a corresponding adjustment to individual employee pay rates.

Section 4.03 Overtime
A. These provisions shall apply to Confidential employees who are designated as non - exempt. Specialized Confidential employees are exempt pursuant to the FLSA and are not eligible to receive overtime compensation or compensatory time.

B. Overtime shall be paid for over 40 compensated hours in any one workweek or over the employee’s regularly scheduled hours within the day at the rate of one and one-half (1½) times the base hourly rate. Employees on a 5/9 (i.e. 9/80) schedule shall be paid 1266
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overtime for over 40 compensated hours in any one workweek or over nine hours in one day.

C. Those employees eligible to receive overtime compensation may receive pay or may elect to receive compensatory time off at a rate of time and one half. However, if overtime is worked pursuant to a grant, and the grant requires that the overtime be compensated as pay, then the employee must receive pay and not compensatory time.

Section 4.04 Compensatory Time
A. Compensatory time not taken as time off during the pay period it was earned shall be accrued for future use as compensated time off.

B. Employees may retain a balance of all unused compensatory time not to exceed 240 hours at any given time.

C. Upon separation from the City, the employee shall be paid for any unused compensatory time.

D. Employees may also convert accrued compensatory time to salary as provided for in Section 5.03.

E. When an employee has accumulated the maximum allowable hours of compensatory time, no further compensatory time shall be accumulated, and the employee shall only be eligible for overtime pay in accordance with this Profile.

Section 4.05 Skills and Certifications
A. Bilingual Pay
Employees assigned by the Department Head to perform bilingual translation as part of their regular duties shall be entitled to bilingual differential pay. Employees shall be compensated for bilingual pay at the rate of $100 per pay period. Such assignment shall be in written form. Such differential shall apply regardless of the total time required for such translation. Employees in such positions mus t be certified as competent in translation skills by the Human Resources Department to be eligible for compensation.

To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) – Bilingual Premium.

B. Notary Pay
Specified positions, which are determined to require notary duties, shall receive additional compensation. Each regular employee who meets the eligibility requirements and is designated by the applicable Department Head and Human Resources Department to receive notary pay shall be compensated at the rate of $25 per pay period.

Employees receiving notary pay shall maintain their commission from the California Secretary of State. The City shall pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

To the extent legally permissible, this is special compensation and shall be reported as 1267
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such to CalPERS pursuant to Title 2 CCR, Section 571(a)(2) – Notary Pay.

Section 4.06 Special Assignment – Recording Commission Meetings

Designated Confidential employees who are required to attend and take and transcribe meeting minutes for the Library Board of Trustees, Recreation and Parks Commission, Museum of History and Art Board of Trustees, and Planning Commission meetings after normal working hours, will receive Administrative Secretary Premium pay equaling 5% of the employee’s base pay throughout the term of the assignment. The Agency o r Department Head and the Human Resources Director shall approve these assignments.

To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) – Administrative Secretary Premium.

Section 4.07 On-Call Duty
A. Employees in the classifications of Senior Information Technology Specialist and Information Technology Specialist shall be eligible to receive compensation for on -call duty. Employees who are assigned to be on- call shall receive $20 for Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays and $25 for Saturdays and Sundays.

B. The Department Head shall determine on -call eligibility for Senior Information Technology Specialists and Information Technology Specialists based on knowledge and abilities.

C. On-call employees are required to respond to call -outs within a reasonable period of time, depending on the nature of any particular call -out problem. In order to assure a reasonable response time, on-call employees are required to either carry a City-provided communications device (cellular phone or pager) or notify the Police Department Watch Commander where they can be reached by telephone when not at their place of residence. An on- call employee may exchange on- call duties with another employee receiving on-call pay, subject to prior approval of the immediate supervisors.

Section 4.08 Merit Increases
A. City Personnel Rules – Salary Adjustments

Merit increases are administered in accordance with the City Personnel Rule XI, as repeated below.

Section 1. Application of Rates

Employees occupying a position in the City service shall be paid at the rate established for their position. All original appointments shall be made at the minimum wage for the position, except when in the opinion of the City Manager circumstances warrant appointment at a higher step.

Section 2. Anniversary Date

Each employee’s anniversary date will coincide with the employee’s appointment to a new position in a different classification. All employees will retain their current 1268
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anniversary dates until appointed to a new classification provided, however, that no employee shall receive more than one merit increase within any six month period. Any employee who is within ninety (90) days of eligibility for a merit raise at the time of promotion shall be entitled to an increase for the promotion and an increase for the merit step. All future increases while in that classification shall be in accordance with Section 3 below. The date of appointment shall be used to compute vacation, annual leave, sick leave, and retirement benefits.

The anniversary date of employees who take a leave of absence without pay for more than sixty (60) continuous calendar days will be extended by the length of the absence from work over sixty (60) days adjusted to the start of the nearest pay period.

Section 3. Advancements

The advancement of an employee is not automatic, but the result of increased service value to the City. Service value shall be determined by recommendation of the Department Head, length of service, personal performance record, special training, and any other evidence that illustrates the desire of the employee to do a better job.

The five levels of advancement for each full -time and part -time position are granted according to the conditions outlined in Section 1 and 2 and the preceding paragraph.

The merit increase effective date is the closest payroll period to the employee’s anniversary date.

Step 1 – Entrance level
Step 2 – After six months of service
Step 3 – After one year at Step 2
Step 4 – After one year at Step 3
Step 5 – After one year at step 4

Section 4.09 American Rescue Plan Act Premium

In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID-19 pandemic, active employees (with a probability of continued employment) as of 1/28/2022 will receive a one-time lump-sum payment as follows:

Assigned Agency (as of 1/28/2022) ARPA Payment Amount
Ontario Fire Department; and
Ontario Police Department
$10,000.00
All other Agencies $7,500.00

ARPA Premium Payment is not pensionable and is taxed in accordance with IRS.

ARPA Premium Payment will be issued in a separate paper check on or before 2/11/2022.

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Article V. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following paid holidays shall be observed on the day specified:

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veterans’ Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day After 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year’s Day. During this time, employees shall use applicable accrued vacation, compensatory, annual leave and/or or management leave to cover this period of closure.

C. Any holiday listed in Section 5.01(A) which falls on a Sunday shall be observed on the following Monday.

D. Employees shall receive holiday compensation equal to their scheduled workday, not to exceed 10 hours per holiday.

1. Employees on an 8-hour day work schedule shall receive 8 hours of holiday.

2. Employees on a 4/10 work schedule shall receive 10 hours holiday.

3. Employees on a 9/80 work schedule shall receive compensation in accordance to their work schedule, as follows:
a. Employees shall receive the number of hours they were scheduled to work the day of the holiday is observed (e.g. 9 or 8 hours).
b. If the holiday falls on the employee’s regular scheduled or “flex” day off, the employee shall receive 9 hours.

E. Confidential employees having any holiday listed in Section 5.01(A) which falls on an employee’s regular day off shall be compensated at the employee’s option as compensatory time or pay at the rate of one hour for every hour of the regular schedule not to exceed 10 hours per holiday as provided in Section 5.01(D). 1270
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F. Specialized Confidential employees having any holiday listed in the Section 5.01(A) which falls on an employee’s regular day off shall be compensated as accrued annual leave not to exceed 10 hours per holiday as provided in Section 5.01(D).

G. Employees shall not be eligible for holiday pay for any pay period for which the employee either:

1. has an unapproved leave of absence during the pay period, or

2. is on a leave of absence without pay for the entire pay period.

Section 5.02 Vacation (Confidential)
A. Confidential employees accumulate the following vacation hours in accordance with City service time. Confidential employees accrue vacation leave evenly over 26 pay periods each year as follows:

B. Vacation shall be accrued based on paid hours on a pro- rated basis. For example, if a confidential employee is paid for 40 hours in an 80-hour pay period, the employee shall earn one-half of the normal accrual. Paid hours include regular work time, compensatory time off, holiday, vacation, bereavement, sick, personal, jury duty, military, and administrative leaves. It excludes amounts paid by any disability benefits, including short-term and long-term disability and workers’ compensation.

Section 5.03 Vacation Conversion (Confidential)
A. Confidential employees’ maximum accrual amount for vacation is 500 hours. Once the employee has a vacation accrual balance of 500 hours, no vacation hours will be accrued until the balance drops below 500 hours.

B. Confidential employees may convert a minimum of 8 hours and a maximum of 200 hours of vacation and/or compensatory time twice each calendar year. The total number of hours converted per calendar year shall not exceed 200. Such conversion shall be at

CONFIDENTIAL EMPLOYEES
Year of Service
Vacation Leave
Hours Earned
Per Year
1 – 3 112
4 120
5 – 10 136
11 144
12 152
13 160
14 168
15 176
16+ 192
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the unit employee’s base rate of pay that is in effect at the time of such conversion.

Employees cannot convert balances below 40 vacation hours.

C. Conversion requests shall be submitted on City forms to Payroll. The deadlines for conversion requests are as follows:

Request Due Date Payment
2nd Friday in May 1st payday in June
2nd Friday in November 1st payday in December
Section 5.04 Sick Leave/Retained Sick Leave
A. Confidential employees accrue sick leave at the rate of 96 hours per calendar year, accrued evenly over 26 pay periods.

B. Specialized Confidential employee’s may have retained sick leave (“sick leave”) if the employee previously held a position that accrued sick leave and if the employee had a sick leave balance greater than 100 hours prior to promotion or transfer.

C. Employees are only entitled to use sick leave or retained sick leave for:

1. Any bona fide illness or injury.

2. Quarantine due to exposure to contagious disease.

3. Any treatment or examination including, but not limited to medical, dental, ocular.

4. Time off to resolve issues related to the employee being a victim of domestic violence, sexual assault or stalking as defined in California Labor Code Section 230.

5. Death in the immediate family

6. Personal Leave used as defined in Section 5.05.

7. Conversion to CalPERS Service Credit pursuant to CalPERS regulations.

D. Confidential employees may use up to 48 hours of sick leave per calendar year for sickness within the employee’s immediate family in accordance with California Labor Code Section 233 (“KinCare”).

1. Immediate family for this provision includes the following relationships relative to the employee: spouse; registered domestic partner; grandparent; grandchild; sibling; child (biological, foster, adopted, stepchild, legal ward, or child to whom the employee stands in loco parentis) the definition of child is applicable regardless of age or dependency status; parent (biological; foster; adoptive; stepparent; or legal guardian of the employee or the employee’s spouse or registered domestic partner, or person who stood in loco parentis when the employee was a minor. If applicable, leave taken pursuant to this provision will be counted concurrently with other family leaves.

2. Confidential employees must inform their supervisor when requesting the leave that the leave is being taken pursuant to this provision (“KinCare” leave). 1272
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E. Employees are not entitled to sick leave for illness or injury while also engaging in business or activity for monetary gain or other compensation that would conflict with the illness or injury for which the employee has been granted sick leave.

F. There shall be no limit on the amount of sick leave that may be accrued by an employee.

G. Sick Leave shall not be taken as vacation or converted to salary at any time.

H. When an employee has been on sick leave, the City reserves the right to make any investigation of the illness it deems necessary, including requiring a doctor's certification.

On the first day of illness, the employee must notify the department before the shift begins if the employee is to receive sick leave credit.

I. The first 24 hours or three days of sick /retained sick leave or annual leave taken consistent with Section 5.04(C) during a calendar year shall be designated to comply with California Labor Code Sections 245-249 (Healthy Workplace/Healthy Family Act).

J. All determinations of sick leave use shall be made by the Department Head concerned, subject to the approval of the Human Resources Director.

Section 5.05 Annual Leave (Specialized Confidential) A. Specialized Confidential employees accumulate annual leave hours. The purpose of annual leave is to provide Specialized Confidential employees the ability to accrue time off for use in vacation, sick, and personal leave situations. Annual Leave shall not be used:

1. to extend retirement or separation date;

2. for illness or injury arising from outside employment, for which the employee is receiving workers’ compensation or disability payment from another employer.

B. Specialized Confidential employees accumulate the following annual leave hours in accordance with City service time. Employees accrue annual leave evenly over 26 pay periods each year as follows:

C. Annual Leave shall be accrued based
on paid hours on a pro-rated basis. For
example, if an employee is paid for 40
hours in an 80- hour pay period, the
employee shall earn one- half of the
normal accrual. Paid hours include
regular work time, compensatory
time off, holiday, annual leave,
management leave, bereavement,
sick, personal, jury duty, military, and administrative leaves. It excludes amounts paid

SPECIALIZED CONFIDENTIAL
Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 170
4 178
5 – 10 194
11 202
12 210
13 218
14 226
15 234
16+ 250
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by any disability benefits, including short -term and long- term disability and workers’ compensation.

D. On the first da y of an absence from work , the employee must notify the department before the shift begins if the employee is to receive annual leave credit.

Section 5.06 Annual Leave Conversion (Specialized Confidential) A. The maximum amount of annual leave that may be accrued is 800 hours. Once the employee has an annual leave accrual balance of 800 hours, no annual leave hours will be accrued until the balance drops below 800 hours.

B. Conversion of Accumulated Vacation Leave and Sick Leave to Annual Leave

1. Each accumulated hours of Vacation Leave will be converted to one (1) hour of Annual Leave for employees that become members of the Specialized Confidential unit due to promotion, transfer or demotion.

2. Up to one hundred hours of accumulated Sick leave will be converted at a rate of .6 hours to Annual Leave. Remaining accumulated sick leave hours for employees that become member of the Specialized Confidential unit due to promotion, transfer or demotion will be retained only for use a leave for the purposes described in Section 5.04 – Sick Leave/Retained Sick Leave.

C. Specialized Confidential employees may convert a minimum of 8 hours and a maximum of 200 hours of annual leave and/or compensatory time twice each calendar year. The total number of hours converted per calendar year shall not exceed 200. Such conversion shall be at the unit employee’s base rate of pay that is in effect at the time of such conversion. Employees cannot convert balances below 40 vacation hours.

D. Conversion requests shall be submitted on City forms to Payroll. The deadlines for conversion requests are as follows:

Request Due Date Payment
2nd Friday in May 1st payday in June
2nd Friday in November 1st payday in December

Section 5.07 Personal Leave
A. An employee may use any accrued annual leave, vacation or and compensatory time, but no more than three working days of sick leave per calendar year, as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made for:

1. Bereavement leave for other than members of the employee's immediate family (immediate family is defined in Section 5.04 (B));

2. Personal court appearances when required to be present, except for jury duty and court appearances related to City Business.

3. Any other personal need requiring a leave during working hours when approved by the Department Head or the authorized department representative. 1274
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B. The employee shall provide no less than two days written notice. Failure to provide such notice shall result in such leave to be taken without pay. The supervisor shall waive the two-day notice required provided the employee can demonstrate an urgent and justifiable reason for not providing the required notice.

C. Personal leave shall be charged against any unused sick leave /retained sick leave , vacation, annual leave or compensatory time the employee has accumulated provided there is no conflict with the conditions outlined above. Additional leave may be authorized by the City Manager from any leave accrued or without pay.

Section 5.08 Management Leave (Specialized Confidential)

Employees in the Specialized Confidential classifications accrue 40 hours of management leave with the first full pay period ending in January. Employees hired or promoted into the Specialized Confidential classifications after that date shall receive a prorated amount of such leave. Such leave may only be used as time off during the calendar year. Any remaining hours will not carry over to the following calendar year. Such leave will not convert to compensation upon separation from employment. Employees may not use management leave to extend retirement or separation date.

Section 5.09 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee shall be granted three working days paid bereavement leave (or five working days if the death is outside the State boundaries or in excess of 250 miles from the employee's home).

Immediate family for this provision is defined as the following relationships relative to the employee: child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the definition of “family member” in California labor code section 245.5 (4)( c) or successor legislation. Such bereavement leave shall not be charged against any accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time.

B. The employee shall be granted one working day paid personal leave to attend the funeral of an aunt, uncle, cousin, niece, or nephew.

C. Employees may be provided release time by Department Heads to attend the funeral of deceased City employees without loss of pay.

D. The employee may be required to furnish evidence satisfactory to the City of the family member's death and the employee's relationship to the deceased family member.

Section 5.10 Family Medical Leaves
A. Family Medical Leave shall be granted in accordance with the California Family Rights Act (CFRA) of 1991 and the Family and Medical Leave Act (FMLA) of 1993, and any modified provisions and interpreted regulations for those respective statutes. 1275
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B. Employees may utilize up to six weeks of accrued sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA and CFRA. Both paid and unpaid time during an approved FMLA/CFRA leave of absence shall run concurrently with FMLA/CFRA leave. Pregnancy Disability Leave shall run concurrently with any approved FMLA/CFRA leave.

C. Employees are required to use up to 80 hours per pay period of all eligible leave accruals or the number of hours for full integration if integrating with disability programs.

Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals for Confidential and Specialized Confidential employees include, but are not limited to, vacation, annual leave, management leave, and compensatory time for any purpose, and sick leave accruals if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Section 5.11 Catastrophic Leave Program
A. The City agrees to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury, caused by either physical or mental impairment. A statement from the employee’s treating physician is required.

B. The City also agrees to permit employees to contribute a portion of their accrued vacation, annual leave and/or compensatory time to another employee when such an employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Sick Leave/Retained Sick Leave may not be donated.

C. All Catastrophic Leave transfers, are subject to the following conditions:

1. The Human Resources Department shall review all requests from the receivi ng employee to determine eligibility for catastrophic leave prior to the receiving employee or the employee’s Department requesting donations.

2. Catastrophic illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attention. Pregnancy is excluded from this provision; however, injuries or illnesses resulting from a pregnancy may be covered under this provision with a statement from the employee’s treating physician as the final authority.

3. The receiving employee shall be on an approved continuous leave of absence for over 40 hours due to the illness or injury. A statement from the employee or family member’s treating physician is required.

4. The receiving employee has exhausted all accrued leave and is therefo re facing financial hardship.

5. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

6. The donating employee must have at least 96 hours sick leave or annual leave (for Specialized Confidential) remaining after such donation and the leave application rate shall be based on the donating employee's dollar value, which shall be adjusted 1276
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proportionally to the receiving employee's rate.

7. The donations must be in whole hour increments. The amount of the donation credited each pay period shall be in accordance with the receiving employee’s needs.

8. The donations are irrevocable, and shall be indistinguishable from other leave credits belonging to the receiving employee. Donations shall be subject to all taxes required by law.

9. Donations shall be made on a Catastrophic Leave Form prescribed by the Human Resources Department.

Section 5.12 Jury Duty
A. In the event an employee is duly summoned to any court during their scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excluding mileage or subsistence allowances, shall be remitted to the City.

B. Any employee called for jury duty in Rancho Cucamonga must return to work if dismissed before 3:00 pm. If the employee is called to San Bernardino, the employee must return to work if dismissed by 2:00 pm. Upon return from jury duty, the employee shall present a certificate of service to the employee’s department.

C. This section shall not apply when an employee is summ oned or otherwise required to appear in court in the course of City business.

Article VI. BENEFITS
Section 6.01 Health Insurance Contribution
The City will contribute up to a maximum of $204.67 per month toward health insurance premiums for active employees and retirees. This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Section 6.02 City Contributions to Cafeteria Plan Benefits A. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental and vision benefits.

B. Employees must enroll in a City offered medical insurance plan unless the employee satisfies conditions of the eligible opt out arrangement below. The City’s lowest cost employee-only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

C. City Contribution: For Eligible Employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01 (A) shall be as follows:

Single Coverage $765
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Two Party Coverage $1,050
Family Coverage $1,335

Beginning January 1, 2018, for eligible active employees who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01(A), shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in which the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017, selecting single party coverage shall receive a contribution of no less than $765 per month, or the applicable Kaiser premium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.

For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employee is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Effective, January 1, 2018, only those Eligible Employees hired on or before December 31, 2017 enrolled in single level coverage may take the remainder of the City’s contribution in cash as taxable compensation. If the Kaiser Plan single coverage exceeds $765, those employees selecting single coverage level, regardless of hire date, will no longer receive cash back from excess contributions.

D. Cash-in-Lieu Option: An Eligible Employee will be eligible to receive cash- in-lieu of $573 per month if hired prior to 9/1/2004 or $420 per month if hired on or after 9/1/2004 instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:

1. The employee signs a form attesting that the employee and the employee's Tax Family have the Alternative Required Coverage for the Opt-Out Period. a. Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies. b. Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
c. Opt-Out Period means the plan year to which the opt-out arrangement applies.

2. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.

3. The cash in lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section 6.02(C) are not otherwise satisfied.

E. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution up to the DPO basic plan premium for employee and dependents 1278
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(in addition to the City Contribution described in this Section 6.02). Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

F. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employee and dependent coverage (in addition to the City Contribution described in this Section 6.02). Employees who do not enroll in the City vision plan will not receive employer contribution for vision premiums.

G. Eligible Employee Requirements

Paid status includes hours paid for: regular work time, compensatory time off, vacation, annual leave, management leave, bereavement leave, sick leave, retained sick leave, jury duty leave, personal leave, paid military leave, administrative leave and paid holidays
a. The City will continue its contributions toward employee cafeteria plan and health insurance contributions for a leave of absence due to the employees own illness or injury not to exceed a total 26 consecutive pay periods. b. If the leave of absence is not consecutive, the continuation of the contributions toward cafeteria plan benefits shall not exceed 26 pay periods tot al in an 18- month period.
c. The employee is responsible for payment of any benefit cost above the applicable health allotment (City contribution) and any voluntary supplemental benefit plans during their leave period. If the employee fails to make timely payments, their benefits will be discontinued.

2. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

H. Disability
The City assumes the full premium cost for the employee in the City -designated short and long-term disability programs.

I. Life and Accidental Death & Dismemberment Insurance
Employees shall be covered by the City’s group term life insurance and accidental death and dismemberment (AD&D) insurance plan. The City will pay the premiums for life insurance coverage in the amounts of $36,000 for basic life and $39,000 for AD&D for Confidential employees. Effective January 1, 2018, the level of coverage for each Confidential employee will increase to $50,000 for basic life insurance and $50,000 for accidental death and dismemberment insurance (AD&D). The City will pay the premiums for insurance coverage in the amounts of $46,000 for basic life and $49,000 for AD&D for Specialized Confidential employees. Effective January 1, 2018, the level of coverage for each Specialized Confidential employee will increase to $51 ,000 for basic life insurance and $54,000 for accidental death and dismemberment insurance (AD&D). 1279
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Section 6.03 Flexible Spending Accounts

The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre-tax deductions for qualifying medical, dental, vision, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 6.04 Retirement
A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired before January 1, 2013 in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula for Local Miscellaneous M embers including integration with Social Security. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. All classic CalPERS members shall pay the employee’s contribution of eight (8%) percent as a pre-tax deduction to CalPERS.

B. New Member

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

3. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of July 2017 , the required employee contribution for new members is 6.25%. This amount will be adjusted periodically by CalPERS.

C. Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System includes the following optional benefits for both classic and new members:

1. Section 20903 – Two Years Additional Service Credit

2. Section 20965 – Sick Leave Credit

3. Section 21024 – Military Service Credit

4. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for 1280
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Disability

5. Section 21548 – Pre-Retirement Optional Settlement Death Benefit

Section 6.05 Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer deferred compensation contributions. The City will contribute $125 per month for Specialized Confidential employees. The City will contribute $75 per month for Confidential employees.

B. Employees are eligible to voluntarily participate in a 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may contribute to the plan in accordance with plan provisions and subject to plan maximums.

Section 6.06 Employee Assistance Program

The City shall continue to maintain an employee assistance program for all employees.

Confidentiality regarding employee use of this program will be maintained in full compliance with State and Federal Regulations.

Section 6.07 Training
A. Certifications / Licensing
When the City determines that a reclassification of a position requires the incumbent to obtain a specialized license or certificate, or if such a requirement is established for the position by a Federal or State agency during an employee's employment in the position, the City agrees to assume the cost for such certification or license. The City may pay directly or reimburse the employee if the employee presents proof of payment.

B. Employee Training
Any training or educational class approved by the employee’s Agency/Department Head, that provides both the employee and the City with value, shall be considered as time worked. Value is defined as course material that is directly related to the employee’s job if it aids the employee in handling the employee’s present job better. This would include any class scheduled on an employee’s regular day off.

Section 6.08 Tuition Reimbursement
A. To encourage all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic courses that are determined to be job-related and subject to the following conditions:

1. Full-time, non-probationary employees are eligible.

2. The determination that the course is job related shall be made by the employee’s Department Head.

3. The course shall provide college- level credit from an accredited educational institution.

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5. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

6. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

7. Classes shall not interfere with the employee’s normal work hours.

8. Certification of completion of the course with a passing grade must be obtained and submitted within 60 calendar days after completion of the course.

9. The maximum reimbursement amount paid to an eligible employee shall not exceed $1000 per calendar year.

B. Tuition reimbursement requests shall be submitted to the employee’s Department Head for a determination that the course is job-related. After such determination is made, the Department Head shall forward the request to the Human Resources Department for processing. The Human Resources Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources Department. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Article VII. DISCIPLINARY PROCEDURE
Section 7.01 Provisions
A. An employee may be di sciplined for policies, misconduct, or any other just cause.

Discipline is defined as demotion, discharge, reduction- in-pay, and suspension of employees with regular status. Letters of reprimand, counseling memos, performance improvement plans, development plans, evaluations and other related actions are not considered discipline for the purposes of this article.

B. The disciplinary procedure provides that the employee shall receive advance notice of the proposed disciplinary action at least five working days before the action is to be implemented. The notification time frame shall begin the day after the notice of the proposed disciplinary action is served. The notice shall include:

1. The specific grounds and particular facts upon which the proposed action is based; and

2. Any materials, reports, or documents upon which the action is based.

Section 7.02 Response
A. The employee shall have the right to respond to the proposed disciplinary action, orally or in writing, and shall have such responses considered by a reviewer of the proposed action. Such review/meeting shall be conducted by the Agency Head for the employee’s department prior to the imposition of the disciplinary action. If the Agency Head is proposing the disciplinary action, an alternate City Agency Head shall conduct the review/meeting.

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shall serve on the employee, by personal email (if available), certified mail or personal delivery, a statement informing the employee of the results of the review. This statement shall inform the employee of the grounds for the decision and the acts or omissions, which support the grounds. This statement shall also include the employee’s appeal rights.

C. The employee shall have 14 calendar days to file an appeal with the Human Resources Director or designee.

Section 7.03 Appeal Hearings
A. Within 14 calendar days after a serious disciplinary action is imposed, the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing.

B. The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers.

C. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearing. The City or the appellant may request that the Hearing be recorded. The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearing, at least 10 calendar days prior to the Hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing and prior to the issuance of a decision. The time periods in this Section may be extended by mutual agreement of the City and the appellant.

D. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request must be made in writing to the Human R esources Director within 30 calendar days after receipt of the decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final.

E. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellant. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearing. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearing.

F. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, prior to the Hearing, the appeal shall be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

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Section 7.04 General Provisions
A. This disciplinary procedure should be used for all serious disciplinary actions which are normally considered (1) demotions, (2) discharges, (3) reductions in pay, and (4) suspensions.

B. The above procedure may be deviated from in circumstances where there is a need for immediate action. In such cases, an employee may be ordered off the job i f the employee’s conduct imperils the safety or welfare of the public, other employees, or said employee (e.g., drunkenness, violence, gross insubordination).

C. An employee shall have right of representation when the employee reasonably anticipates that a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

Section 7.05 Written Rebuttals
Letters of reprimand, counseling memos, performance improvement pl ans, development plans, evaluations and other related actions are not considered to the notification and appeal procedures in this article. Similarly, probationary discharge, probationary demotions, or other actions taken while an employee is on probation are not subject to the notification and appeal procedures in this article. However, an employee may prepare a written response to be placed in the employee’s personnel file along with the document. Such written rebuttal must be made within 30 days of the receipt of the document.

Article VIII. COMPLAINT/GRIEVANCE PROCEDURE
Section 8.01 Definitions
A. Complaint
A concern of an employee, which arises from the application of a term of this document, existing City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.

B. Grievance
A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this document, existing City Rule, Regulation, or Policy regarding working conditions.

C. Grievant
A regular or probationary employee, who alleges in a grievance that the employee has been directly wronged by a violation of a specific term(s) of this profile, existing City Rule, Regulation, or Policy regarding working conditions.

D. Immediate Supervisor
The appropriate supervisory or management person to whom the employee directly reports.

E. Representative
An employee or other person representing the grievant who at the grievant's request may be present at Levels I through IV.
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F. Respond and File
Personal delivery, work or personal email, or deposit in the U.S. mail, postage prepaid.

If mail delivery is used, it will be by certified, return receipt requested mail, and the certified receipt date will establish the date of response or filing. If work or personal email is used, the calendar date of the email sent will establish the date of response or filing. If personal delivery is used, the calendar date of delivery will establish the date of response or filing.

Section 8.02 Level I - Informal Review
A. An employee will have the right to present a complaint and to have the complaint considered with the immediate supervisor no later than 15 working days after the event giving rise to the complaint, or no later than 15 working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

B. Whenever possible, the employee and the employee’s immediate supervisor will attempt to resolve the complaint informally.

C. The immediate supervisor will provide an answer to the employee no later than 14 working days after the employee presents the grievance. Such response will be provided orally.

D. A resolution of the complaint at the informal level will not be precedent setting.

Section 8.03 Level II – Formal
A. If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance with the Department Head no later than 10 working days after the response of the immediate supervisor at Level I. The grievant will state the following clearly and concisely on a grievance form provided by the City (Appendix B):

1. the specific term(s) of the document, City Rule, Regulation, or written policy regarding working conditions, which have been violated;

2. the action grieved, including names, dates, places, and times and how it violated a specific term(s) of this document, City Rule, Regulation, or policy regarding working conditions;

3. the remedy sought;

4. the name and classification of the grievant and the employee’s signature;

5. the name of the representative, if any; and

6. the date of submission.

B. The Department Head will hold a meeting with the grievant and employee’s representative, if any, at a mutually acceptable time and location no later than 10 working days after the receipt of the grievance. The Department Head will respond in writing to the grievant within 10 working days after the Level II meeting. The response will be accompanied by the original grievance and accompanying documentation.

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Section 8.04 Level III
A. In the event the grievance is not settled at Level II, the grievant may file the Level III grievance with the Agency Head no later than 10 working days after the Level II response. The grievant will include in the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory. The Agency Head may hold a meeting with the grievant and employee’s representative, if any, at a mutually acceptable time and location. The Agency Head will respond to the grievant no later than 10 working days after the receipt of the Level III grievance.

B. The grievant will present at Level III all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level III.

C. Amendments and/or modifications to the grievance will not be made by the grievant after the Level III filing date, except by mutual agreement. This provision does not preclude either party from presenting new evidence should either party discover it at a later date.

Each party will make an effort to share evidence with each other upon discovery.

Section 8.05 Level IV
A. In the event the grievance is not settled at Level III, the grievant may file a Level IV grievance with the City Manager no later than 10 working days after the receipt of the Level III response.

B. The City Manager or the City Manager’s designee (acting with the full authority of the City Manager) may meet with the grievant at a mutually acceptable time and location within 10 working days of receipt of the written grievance. The City Manager or the City Manager’s designee shall respond to the grievant no later than 10 working days after the meeting or 20 working days after receipt of the grievance at Level IV. The response will be accompanied by the original grievance and accompanying documentation.

C. If the grievance has not been settled at Level IV, then within 10 working days after receipt of the Level IV written decision or the expiration of the time limits for making such decision, the grievant may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Human Resources Director.

Section 8.06 Level V – Arbitration
A. The arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.

B. The arbitrator will be selected using an alternate striking procedure [by mutual agreement of both parties] and a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable source, or t he arbitrator may be selected by mutual agreement.

C. The cost of any arbitration proceeding will be divided equally between the City and the grievant.

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be borne by the responsible party.

E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the review and approval of the City Council.

F. The cost of the arbitration services shall be shared equally by the parties. Any expenses for witnesses, however, shall be borne by the party who calls them.

G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this document, City Rule, Regulation, or policy regarding working conditions.

H. If an arbitrability question exists, the arbitrator will determine the arbitrabilit y question prior to hearing the formal presentations of the parties on the merits of the grievance.

Section 8.07 General Provisions
A. Failure of the grievant to comply with the time limitations of this Article will render the grievance untimely and the grievance wil l not continue be processed at any Level .

Failure by the City representative to timely respond under this Article will permit the grievance to be filed at the next level.

B. Time limits set forth in this Article may be extended by mutual agreement.

C. No punitive action or retaliation will be assessed against an employee for utilizing the grievance procedure.

D. Employees will be granted release time not to exceed one hour for the purpose of discussing a potential grievance with their representative or preparing f or a grievance which has been filed at Level II. Such release time for pre -grievance consultation or grievance preparation is applicable per grievance and its scheduling will not interfere with departmental operations.

E. The parties may consolidate at any level grievances on similar issues.

F. Grievance records will be filed separately from an employee's personnel file and will be considered confidential.

G. A grievant may withdraw a grievance at any time. The grievant will not file any subsequent grievance on the same alleged incident.

H. A decision by the grievant to submit a grievance to arbitration will automatically be a waiver of all other remedies except as provided otherwise by statute.

I. No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.

J. Organizational channels will be utilized at all times and participation in the grievance and the discussion of information related thereto will be limited to the parties to the grievance except when such other persons are identified and/or called as witnesses.

K. A group of employees may file one grievance rather than individual grievances as long as the following conditions are met:
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1. Each employee in the "group" grievance is individually named.

2. The grievable matter is exactly the same for each employee cited in the grievance.

3. The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the employees involved who represents the Group filing the grievance.

L. The review of a proposed disciplinary action shall not be subject to these grievance procedures.

Section 8.08 Authority of Third Party

Each issue decided by arbitration will stand on its own merits and will not be used as a precedent in deciding any future issue.

Article IX. GENERAL PROVISIONS
Section 9.01 Personnel Files
A. The official personnel files shall be located in and/or maintained by the Human Resources Department. The official personnel file shall consist of a physical file as well as a digital file within the City’s Human Resources Information System. Personnel actions (i.e. discipline, promotions) will be based on documentation within such file.

B. Employees have the right to have access to and copies of any document in the physical version of their official personnel file. Employees may be charged for cost of excessive duplication of any materials in the personnel file for which they request copies.

C. The City shall provide employees with secured online access to the digital version of their personnel file, which includes the ability to view and print records within the file. The ability to access the digital version of the personnel file is subject to internet availability and may be restricted by the software provider during reasonable periods for maintenance and/or required updates.

D. An employee will be provided with an initial copy of any document, which will be placed in the official personnel file. An employee shall have the right to respond in writing or personal interview to any information contained in the employee’s personnel file. Such a reply will remain in the personnel file so long as the referenced document is in the file.

Section 9.02 Overpayments, Recovery and Underpayments
In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overpayment was received by the employee or sooner at the employee’s discretion.

Either Human Resources, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. A meeting may be requested by the employee with the Payroll Department to review the documentation and to discuss the recovery schedule. The repay ment schedule, biweekly repayment amount or alternative repayment 1288
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method (including repayment from personal funds) will be documented in writing.

Section 9.03 Direct Deposit and Electronic Pay Advice
A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one month.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of Human Resources Agency.

D. The electronic pay advice will be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day.

Section 9.04 Severability

If any article or section of this Profile shall be found to be in conflict with any statute or regulation of the United States or the State of California by a court of competent jurisdiction, such article or section shall be deemed null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this Profile, and all other provisions hereof shall continue in full force and effect.

Section 9.05 Peaceful Performance of City Services A. Confidential employees shall not cause, condone, or participate in any strike, walk out, work stoppage, job action, slow down, speed up, sick out, refusal, or failure to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of any labor organizations to engage in any or all of the preceding activities.

B. In addition to any other lawful remedies for the disciplinary action available to the City, 1289
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the City may invoke any and all remedies available to it under its Employer -Employee Relations Section of the Personnel Rules and Regulations.

Article X. FINAL SIGNATURE

All terms and conditions set forth in this Profile are hereby effective the 1st day of July 2021.

_________________________________ ________________ Scott Ochoa Date
City Manager

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APPENDIX A - SALARY GRADE TABLE
2021 CONFIDENTIAL / SPECIALIZED CONFIDENTIAL PROFILE
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate 1 $32.43 $5,621.20 $33.08 $5,733.87
2 $34.05 $5,902.00 $34.74 $6,021.60
3 $35.77 $6,200.13 $36.49 $6,324.93
4 $37.56 $6,510.40 $38.32 $6,642.13
5 $39.42 $6,832.80 $40.21 $6,969.73
1 $27.19 $4,712.93 $27.74 $4,808.27
2 $28.54 $4,946.93 $29.12 $5,047.47
3 $29.97 $5,194.80 $30.57 $5,298.80
4 $31.47 $5,454.80 $32.10 $5,564.00
5 $33.04 $5,726.93 $33.71 $5,843.07
1 $27.19 $4,712.93 $27.74 $4,808.27
2 $28.54 $4,946.93 $29.12 $5,047.47
3 $29.97 $5,194.80 $30.57 $5,298.80
4 $31.47 $5,454.80 $32.10 $5,564.00
5 $33.04 $5,726.93 $33.71 $5,843.07
1 $25.86 $4,482.40 $26.38 $4,572.53
2 $27.16 $4,707.73 $27.71 $4,803.07
3 $28.50 $4,940.00 $29.07 $5,038.80
4 $29.93 $5,187.87 $30.53 $5,291.87
5 $31.43 $5,447.87 $32.06 $5,557.07
1 $36.49 $6,324.93 $37.22 $6,451.47
2 $38.32 $6,642.13 $39.09 $6,775.60
3 $40.22 $6,971.47 $41.03 $7,111.87
4 $42.23 $7,319.87 $43.08 $7,467.20
5 $44.32 $7,682.13 $45.21 $7,836.40
1 $36.49 $6,324.93 $37.22 $6,451.47
2 $38.32 $6,642.13 $39.09 $6,775.60
3 $40.22 $6,971.47 $41.03 $7,111.87
4 $42.23 $7,319.87 $43.08 $7,467.20
5 $44.32 $7,682.13 $45.21 $7,836.40
1 $28.00 $4,853.33 $28.56 $4,950.40
2 $29.39 $5,094.27 $29.98 $5,196.53
3 $30.87 $5,350.80 $31.49 $5,458.27
4 $32.41 $5,617.73 $33.06 $5,730.40
5 $34.03 $5,898.53 $34.72 $6,018.13
1 $28.00 $4,853.33 $28.56 $4,950.40
2 $29.39 $5,094.27 $29.98 $5,196.53
3 $30.87 $5,350.80 $31.49 $5,458.27
4 $32.41 $5,617.73 $33.06 $5,730.40
5 $34.03 $5,898.53 $34.72 $6,018.13
1 $50.08 $8,680.53 $51.09 $8,855.60
2 $52.60 $9,117.33 $53.66 $9,301.07
3 $55.23 $9,573.20 $56.34 $9,765.60
4 $57.99 $10,051.60 $59.15 $10,252.67
5 $60.88 $10,552.53 $62.10 $10,764.00
1 $34.16 $5,921.07 $34.85 $6,040.67
2 $35.88 $6,219.20 $36.60 $6,344.00
3 $37.67 $6,529.47 $38.43 $6,661.20
4 $39.55 $6,855.33 $40.35 $6,994.00
5 $41.53 $7,198.53 $42.37 $7,344.13
1 $31.58 $5,473.87 $32.22 $5,584.80
2 $33.17 $5,749.47 $33.84 $5,865.60
3 $34.82 $6,035.47 $35.52 $6,156.80
4 $36.56 $6,337.07 $37.30 $6,465.33
5 $38.40 $6,656.00 $39.17 $6,789.47
Administrative Assistant
July 4, 2021
Approximate Salaries*
July 3, 2022
Accountant
Accounting Technician
Accounts Payable Technician
Economic Development Analyst
Economic Development Specialist
Administrative Assistant to the City
Council
Administrative Assistant to the City
Manager
Administrative Specialist - Confidential
Community Information Specialist
Database Administrator
* Actual rates will be calculated by the City's payroll system. Page 1 of 4 1291

APPENDIX A - SALARY GRADE TABLE
2021 CONFIDENTIAL / SPECIALIZED CONFIDENTIAL PROFILE
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate July 4, 2021
Approximate Salaries*
July 3, 2022
1 $54.11 $9,379.07 $55.20 $9,568.00
2 $56.82 $9,848.80 $57.96 $10,046.40
3 $59.65 $10,339.33 $60.85 $10,547.33
4 $62.63 $10,855.87 $63.89 $11,074.27
5 $65.75 $11,396.67 $67.07 $11,625.47
1 $42.78 $7,415.20 $43.64 $7,564.27
2 $44.92 $7,786.13 $45.82 $7,942.13
3 $47.16 $8,174.40 $48.11 $8,339.07
4 $49.53 $8,585.20 $50.53 $8,758.53
5 $51.98 $9,009.87 $53.02 $9,190.13
1 $37.67 $6,529.47 $38.43 $6,661.20
2 $39.55 $6,855.33 $40.35 $6,994.00
3 $41.53 $7,198.53 $42.37 $7,344.13
4 $43.59 $7,555.60 $44.47 $7,708.13
5 $45.77 $7,933.47 $46.69 $8,092.93
1 $28.00 $4,853.33 $28.56 $4,950.40
2 $29.39 $5,094.27 $29.98 $5,196.53
3 $30.87 $5,350.80 $31.49 $5,458.27
4 $32.41 $5,617.73 $33.06 $5,730.40
5 $34.03 $5,898.53 $34.72 $6,018.13
1 $30.02 $5,203.47 $30.63 $5,309.20
2 $31.51 $5,461.73 $32.15 $5,572.67
3 $33.09 $5,735.60 $33.76 $5,851.73
4 $34.75 $6,023.33 $35.45 $6,144.67
5 $36.50 $6,326.67 $37.23 $6,453.20
1 $37.95 $6,578.00 $38.71 $6,709.73
2 $39.85 $6,907.33 $40.65 $7,046.00
3 $41.82 $7,248.80 $42.66 $7,394.40
4 $43.92 $7,612.80 $44.80 $7,765.33
5 $46.11 $7,992.40 $47.04 $8,153.60
1 $31.58 $5,473.87 $32.22 $5,584.80
2 $33.17 $5,749.47 $33.84 $5,865.60
3 $34.82 $6,035.47 $35.52 $6,156.80
4 $36.56 $6,337.07 $37.30 $6,465.33
5 $38.40 $6,656.00 $39.17 $6,789.47
1 $28.43 $4,927.87 $29.00 $5,026.67
2 $29.85 $5,174.00 $30.45 $5,278.00
3 $31.33 $5,430.53 $31.96 $5,539.73
4 $32.90 $5,702.67 $33.56 $5,817.07
5 $34.54 $5,986.93 $35.24 $6,108.27
1 $34.16 $5,921.07 $34.85 $6,040.67
2 $35.88 $6,219.20 $36.60 $6,344.00
3 $37.67 $6,529.47 $38.43 $6,661.20
4 $39.55 $6,855.33 $40.35 $6,994.00
5 $41.53 $7,198.53 $42.37 $7,344.13
1 $34.16 $5,921.07 $34.85 $6,040.67
2 $35.88 $6,219.20 $36.60 $6,344.00
3 $37.67 $6,529.47 $38.43 $6,661.20
4 $39.55 $6,855.33 $40.35 $6,994.00
5 $41.53 $7,198.53 $42.37 $7,344.13
1 $17.71 $3,069.73 $18.07 $3,132.13
2 $18.59 $3,222.27 $18.97 $3,288.13
3 $19.52 $3,383.47 $19.92 $3,452.80
4 $20.50 $3,553.33 $20.91 $3,624.40
5 $21.52 $3,730.13 $21.96 $3,806.40
Executive Assistant to the City Manager
Financial Analyst
Human Resources Analyst
Human Resources Specialist
Human Resources Technician
Internal Auditor
IT Specialist
IT Technician
Legislative Analyst
Management Analyst - Confidential
Office Assistant - Confidential
* Actual rates will be calculated by the City's payroll system. Page 2 of 4 1292

APPENDIX A - SALARY GRADE TABLE
2021 CONFIDENTIAL / SPECIALIZED CONFIDENTIAL PROFILE
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate July 4, 2021
Approximate Salaries*
July 3, 2022
1 $21.39 $3,707.60 $21.82 $3,782.13
2 $22.48 $3,896.53 $22.93 $3,974.53
3 $23.59 $4,088.93 $24.07 $4,172.13
4 $24.76 $4,291.73 $25.26 $4,378.40
5 $26.00 $4,506.67 $26.52 $4,596.80
1 $34.16 $5,921.07 $34.85 $6,040.67
2 $35.88 $6,219.20 $36.60 $6,344.00
3 $37.67 $6,529.47 $38.43 $6,661.20
4 $39.55 $6,855.33 $40.35 $6,994.00
5 $41.53 $7,198.53 $42.37 $7,344.13
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.59 $6,342.27 $37.33 $6,470.53
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.35 $6,994.00 $41.16 $7,134.40
5 $42.35 $7,340.67 $43.20 $7,488.00
1 $30.02 $5,203.47 $30.63 $5,309.20
2 $31.51 $5,461.73 $32.15 $5,572.67
3 $33.09 $5,735.60 $33.76 $5,851.73
4 $34.75 $6,023.33 $35.45 $6,144.67
5 $36.50 $6,326.67 $37.23 $6,453.20
1 $29.91 $5,184.40 $30.51 $5,288.40
2 $31.41 $5,444.40 $32.04 $5,553.60
3 $32.98 $5,716.53 $33.64 $5,830.93
4 $34.62 $6,000.80 $35.32 $6,122.13
5 $36.35 $6,300.67 $37.08 $6,427.20
1 $23.08 $4,000.53 $23.55 $4,082.00
2 $24.24 $4,201.60 $24.73 $4,286.53
3 $25.44 $4,409.60 $25.95 $4,498.00
4 $26.70 $4,628.00 $27.24 $4,721.60
5 $28.04 $4,860.27 $28.61 $4,959.07
1 $37.66 $6,527.73 $38.42 $6,659.47
2 $39.54 $6,853.60 $40.34 $6,992.27
3 $41.52 $7,196.80 $42.36 $7,342.40
4 $43.59 $7,555.60 $44.47 $7,708.13
5 $45.77 $7,933.47 $46.69 $8,092.93
1 $28.68 $4,971.20 $29.26 $5,071.73
2 $30.11 $5,219.07 $30.72 $5,324.80
3 $31.74 $5,501.60 $32.38 $5,612.53
4 $33.21 $5,756.40 $33.88 $5,872.53
5 $34.86 $6,042.40 $35.56 $6,163.73
1 $28.44 $4,929.60 $29.01 $5,028.40
2 $29.86 $5,175.73 $30.46 $5,279.73
3 $31.34 $5,432.27 $31.97 $5,541.47
4 $32.91 $5,704.40 $33.57 $5,818.80
5 $34.55 $5,988.67 $35.25 $6,110.00
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.59 $6,342.27 $37.33 $6,470.53
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.35 $6,994.00 $41.16 $7,134.40
5 $42.35 $7,340.67 $43.20 $7,488.00
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.60 $6,344.00 $37.34 $6,472.27
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.35 $6,994.00 $41.16 $7,134.40
5 $42.36 $7,342.40 $43.21 $7,489.73
Payroll Coordinator
Office Specialist - Confidential
Payroll Analyst
Senior Accounts Payable Technician
Senior Administrative Assistant
Senior Community Information Specialist
Senior Information Technology Specialist
Payroll Technician
Records Coordinator
Records Specialist
Senior Accountant
* Actual rates will be calculated by the City's payroll system. Page 3 of 4 1293

APPENDIX A - SALARY GRADE TABLE
2021 CONFIDENTIAL / SPECIALIZED CONFIDENTIAL PROFILE
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate July 4, 2021
Approximate Salaries*
July 3, 2022
1 $46.80 $8,112.00 $47.74 $8,274.93
2 $49.16 $8,521.07 $50.15 $8,692.67
3 $51.59 $8,942.27 $52.63 $9,122.53
4 $54.18 $9,391.20 $55.27 $9,580.13
5 $56.89 $9,860.93 $58.03 $10,058.53
1 $27.21 $4,716.40 $27.76 $4,811.73
2 $28.56 $4,950.40 $29.14 $5,050.93
3 $29.99 $5,198.27 $30.59 $5,302.27
4 $31.48 $5,456.53 $32.11 $5,565.73
5 $33.05 $5,728.67 $33.72 $5,844.80
1 $46.81 $8,113.73 $47.75 $8,276.67
2 $49.17 $8,522.80 $50.16 $8,694.40
3 $51.62 $8,947.47 $52.66 $9,127.73
4 $54.19 $9,392.93 $55.28 $9,581.87
5 $56.90 $9,862.67 $58.04 $10,060.27
1 $46.81 $8,113.73 $47.75 $8,276.67
2 $49.17 $8,522.80 $50.16 $8,694.40
3 $51.62 $8,947.47 $52.66 $9,127.73
4 $54.19 $9,392.93 $55.28 $9,581.87
5 $56.90 $9,862.67 $58.04 $10,060.27
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.60 $6,344.00 $37.34 $6,472.27
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.35 $6,994.00 $41.16 $7,134.40
5 $42.36 $7,342.40 $43.21 $7,489.73
1 $31.58 $5,473.87 $32.22 $5,584.80
2 $33.17 $5,749.47 $33.84 $5,865.60
3 $34.82 $6,035.47 $35.52 $6,156.80
4 $36.56 $6,337.07 $37.30 $6,465.33
5 $38.40 $6,656.00 $39.17 $6,789.47
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.60 $6,344.00 $37.34 $6,472.27
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.36 $6,995.73 $41.17 $7,136.13
5 $42.36 $7,342.40 $43.21 $7,489.73
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.60 $6,344.00 $37.34 $6,472.27
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.35 $6,994.00 $41.16 $7,134.40
5 $42.36 $7,342.40 $43.21 $7,489.73
1 $28.43 $4,927.87 $29.00 $5,026.67
2 $29.85 $5,174.00 $30.45 $5,278.00
3 $31.33 $5,430.53 $31.96 $5,539.73
4 $32.90 $5,702.67 $33.56 $5,817.07
5 $34.54 $5,986.93 $35.24 $6,108.27
Senior Performance and Optimization
Analyst
Web Technician
Web Developer
Telecommunications Analyst
Systems Specialist
Systems Analyst
Senior Systems Analyst
Senior Telecommunications Analyst
Senior Records Specialist
* Actual rates will be calculated by the City's payroll system. Page 4 of 4 1294

CCIITTYY OOFF OONNTTAARRIIOO

EEMMPPLLOOYYEEEE GGRRIIEEVVAANNCCEE FFOORRMM

CCOONNFFIIDDEENNTTIIAALL UUNNIITT

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Confidential Grievance Form

Appendix B

Name(s):

Classification(s):

Phone: (w) (h) Dept:

Home Address:

Employee: Signature:

Check Filing Level

II - *Must be filed within 10 working days from Level I response. Date filed:

III - *Must be filed within 10 working days from Level II response. Date filed:

IV - *Must be filed within 10 working days from Level III response. Date filed:

*Timelines may be extended by mutual agreement.

Each filing must be accompanied by a written statement indicating the reason why the proposed settlement at the prior level was not satisfactory.

Provide clear and concise statements.

Cite specific term(s) of MOU, City Rule, Regulation or policy, regarding working conditions alleged to have been violated:

Nature of the Problem: (The action grieved including pertinent names, dates, places and times and how it violated a specific term(s) of this MOU, City Rule, Regulation or policy regarding working conditions):

Proposed Solution:

Date of Level I Response:
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Confidential Grievance Form

FORMAL LEVEL RESPONSES

Level II Response: Department Head (Assistant Department Head if no Agency Level) - *Respond within 10 working days from Level II meeting date.

Name and Title:

Signature: Date:

Level III Response: Agency Head (Department Head if no Agency Level) - *Respond within 10 working days from receipt of grievance.

Name and Title:

Signature: Date:

Level IV Response: City Manager - 1Respond within 10 working days after the Level III meeting or within 20 working days from receipt of grievance.

Name and Title:

Signature: Date:

1 Response time may be extended by mutual agreement.
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Compensation and
Benefits Profile

For

City of Ontario

Department
Head

July 1, 2021

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Table of Contents
ARTICLE I. ADMINISTRATION ................................................................................................ 3 SECTION 1.01 COVERED EMPLOYEE CLASSIFICATIONS ...................................................................... 3 SECTION 1.02 TERMS AND CONDITIONS OF EMPLOYMENT ................................................................. 4 ARTICLE II. COMPENSATION .................................................................................................. 5 SECTION 2.01 PAY PLAN AND BENEFITS REVIEW................................................................................ 5 SECTION 2.02 COMPENSATION ADJUSTMENTS .................................................................................... 5 SECTION 2.03 AMERICAN RESCUE PLAN ACT PREMIUM PAY ............................................................. 5 ARTICLE III. LEAVES – PAID AND UNPAID ................................................................................ 6 SECTION 3.01 HOLIDAYS ..................................................................................................................... 6 SECTION 3.02 ANNUAL LEAVE ............................................................................................................ 7 SECTION 3.03 USE OF RETAINED SICK LEAVE ..................................................................................... 9 SECTION 3.04 MANAGEMENT LEAVE .................................................................................................. 9 SECTION 3.05 PERSONAL LEAVE ......................................................................................................... 9 SECTION 3.06 BEREAVEMENT LEAVE .................................................................................................. 9 SECTION 3.07 COMPENSATORY LEAVE.............................................................................................. 10 SECTION 3.08 FAMILY MEDICAL CARE LEAVES ................................................................................ 10 SECTION 3.09 CATASTROPHIC LEAVE ............................................................................................... 10 SECTION 3.10 JURY DUTY .................................................................................................................. 11 ARTICLE IV. BENEFITS ..........................................................................................................12 SECTION 4.01 HEALTH INSURANCE CONTRIBUTION.......................................................................... 12 SECTION 4.02 INSURANCE .................................................................................................................. 12 SECTION 4.03 FLEXIBLE SPENDING ACCOUNTS ................................................................................ 14 SECTION 4.04 DEFERRED COMPENSATION ........................................................................................ 14 SECTION 4.05 EMPLOYEE ASSISTANCE PROGRAM ............................................................................ 14 SECTION 4.06 TUITION REIMBURSEMENT .......................................................................................... 15 SECTION 4.07 AUTO ALLOWANCE ..................................................................................................... 15 SECTION 4.08 MEAL REIMBURSEMENT ............................................................................................. 16 ARTICLE V. RETIREMENT – END OF SERVICE .........................................................................16 SECTION 5.01 CALPERS CONTRIBUTION .......................................................................................... 16 SECTION 5.02 EMPLOYEE SEVERANCE COMPENSATION ................................................................... 17 ARTICLE VI. FINAL SIGNATURE .............................................................................................. 18 APPENDIX A -- SALARY RANGE TABLE ........................................................................................19

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Article I. ADMINISTRATION
Section 1.01 Covered Employee Classifications
This profile covers employees in the following Department Head classifications.

Classification Listing

Assistant City Clerk/Records Management
Director
Assistant Finance Director
Assistant General Manager – Administration
and Customer Service
Assistant General Manager – Integrated
Waste
Assistant General Manager – Utilities
Engineering and Operations
Assistant Human Resources/Risk
Management Director
Broadband General Manager Building Official
Chief Investment Officer City Engineer
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Communications and Community Relations
Director
Community Improvement Director
Departmental Administrator Deputy Police Chief
Economic Development Director Emergency Medical Services Director Fire Administrative Director Housing Director
Innovation Performance and Audit IPA
Director
IT Applications Director
IT Operations Director IT Systems Director
Library Director Municipal Services Director
Museum, Arts and Culture Director Parks and Maintenance Director Planning Director Police Administrative Director
Recreation/Community Services Director Utilities Administrative Services & Integrated Waste Director
Utilities Customer Services Director Water Resources and Regulatory Affairs Director
Section 1.02 Terms and Conditions of Employment
The Department Head Compensation and Benefits Profile is a summary of benefits and compensation practices approved by the City Council to be applied on an ongoing basis. The provisions of this document apply to all employees appointed to the Department Head classifications listed in Section 1.01.

This document sets forth policies and procedures to follow in implementing and administering this Department Head Compensation and Benefit program. The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and “Employment Polic ies” in the City’s Online Policy Center in effect and applicable to the above mentioned classifications will remain in effect unless expressly superseded by provisions within this document.

The terms and conditions of employment for Department Head employees may also be addressed in individual employment contracts. Such contracts are considered to be supplemental to this document to address terms and conditions of employment that may not be addressed in this document. However, if an individual’s employment contract is in conflict with this document, then the provisions of the contract will supersede the provisions of this document.

Employees in Department Head classifications are considered to serve at the will and pleasure of the City Manager. The appoint ment of a person to a Department Head position will be made by the City Manager with the recommendation of the appropriate Executive (hereinafter known as employee) Agency Head.

Employees in listed Department Head classifications are not represented by an employee organization. The terms and conditions of employment for these Department Head employees are provided in this Profile and/or employment contracts between the City and Department Head employees.

The various forms of compensation and benefits descr ibed in this comprehensive document recognize that individuals in Department Head classifications should be compensated appropriately for exhibiting accountability, cost effectiveness, application of new technologies and maximizing the utilization of human , physical and fiscal resources to enhance the mission and future of the City; and for 1300
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stimulating the development of people and methods which will facilitate the meeting of program goals and objectives.

The Profile may be amended on a periodic basis by the City Manager. The impacts of amendments to the Profile shall not exceed the budget authorizations provided by the City Council.

Article II. COMPENSATION
Section 2.01 Pay Plan and Benefits Review
Salary and benefit levels will be reviewed on a periodic basis. Such review w ill contain comparisons with other similar agencies within the appropriate job market. Such comparisons will be one of the factors utilized to recommend competitive salary and benefit levels. Salary and benefit levels for individual positions may be adjusted from time to time, within the budget appropriation levels authorized by the City Council.

Section 2.02 Compensation Adjustments
Progression in the salary range for Department Head employees shall be based on the employee’s performance. The employee’s Agency Head shall be responsible for evaluating the employee’s work performance and recommending any salary increases based on the employee’s performance. Department Head employees will be evaluated annually.

The salary ranges shall be increased for Department Head classifications (with the exception of Deputy Police Chief as follows:

1. Effective July 4, 2021, base salary ranges shall increase by 2%.

2. Effective July 3, 2022, base salary ranges shall increase by 2%.

The salary range for the classification of Deputy Police Chief shall be adjusted by same percentage and with the same effective date of any general salary increase provided to the Police Captain classification.

The Salary Range Table (Appendix A) is established to provide the minimum and maximum salary levels.

Section 2.03 American Rescue Plan Act Premium

In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID -19 pandemic, active employees (with a probability of continued employment) as of 1/28/2022 will receive a one-time lump-sum payment as follows:

Assigned Agency (as of 01/28/2022)
American Rescue Plan Act
Payment Amount
Ontario Fire Department; Ontario
Police Department $10,000
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The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS. The ARPA Premium Payment will be issued in a separate paper check on or before 2/11/2022.

Section 2.04 Management Incentive Pay

Employees in the Deputy Police Chief classification shall receive Police Management Incentive credit at the rate of (8.08) hours per pay period, for a total of two hundred and ten hours (210) each calendar year, in recognition for their on-call availability as needed by the department.

Such credit shall not be available for use as time off and shall be paid as salary compensation at the employee's regular rate of pay.

Article III. LEAVES – PAID AND UNPAID
It is understood that there exists a variety of different circumstances and situations, which require the employee’s absence from work. The following is a compilation of leaves for Department Head employees:

Section 3.01 Holidays
The following paid holidays will be observed on the day specified.

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day After 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
Any holiday listed in provision 3 .01 which falls on Sunday will be observed on the following Monday.

Any holiday which falls on an employee’s regular day off shall be accrued as annual All other Agencies $7,500
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leave. The employee shall receive annual leave equal to their scheduled workday, not to exceed 10 hours per holiday, as follows:

1. Employees on an 8-hour per day work schedule shall receive 8 hours of annual leave.

2. Employees on a 4/10 work schedule shall receive 10 hours of annual leave.

3. Employees on a 9/80 work schedule shall receive compensation in accordance with their scheduled work day, as follows:

4. Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (e.g. 9 or 8 hours).

5. If the holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive 9 hours of annual leave.

At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year ’s Day. During this time, employees shall use accrued annual leave or management leave to cover this period of closure.

Section 3.02 Annual Leave
The purpose of annual leave is to provide employees in the Department Head group the ability to accrue time for use in vacation, sick leave and personal leave situations. Department Head employees do not accrue separate vacation or sick leave hours. Annual leave shall not be used:

1. to extend retirement or separation date;

2. for illness or injury arising from outside employment, for which the employee is receiving workers’ co mpensation or disability payments from another employer.

Department Head employees accumulate the following annual leave hours in accordance with City service time. Employees accrue annual leave evenly over 26 pay period each year as follows:

Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 192
4 200
5 – 8 216
9 – 10 224
11 232
12 240
13 248
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Year of Service
Annual Leave
Hours Earned
Per Year
14 256
15 264
16+ 272

1. Annual leave shall be accrued based on paid hours on a pro-rated basis. For example, if an employee is paid for 40 hours in an 80 -hour pay period, the employee shall earn one-half of the normal accrual. Paid hours include regular work time, holiday, annual, management, bereavement, sick, personal, jury duty, military, and disciplinary leaves. It excludes amounts paid by any disability benefits, including short-term disability and workers’ compensation.

2. The maximum annual leave balance shall be 800 hours. Employees shall not accrue annual leave above 800 hours.

3. Upon initial hire with the City, the City Manager may authorize a higher leave accrual rate.

Conversion of Accumulated Vacation and Sick Leave to Annual Leave

1. If an employee with accumulated vacation leave hours is promoted to a Department Head classification, all accumulated vacation leave hours shall be converted to annual leave hours.

2. If an employee with accumulated sick leave hours is promoted to a Department Head classification, the employee may, at the employee’s option, convert up to 100 hours of sick leave to annual leave hours. Remaining accumulated sick leave hours will be retained only for use as leave for purposes described in Section 3.03.

3. Employees cannot convert “r etained sick leave” to annual leave at any other time.

4. Upon promotion into the Department Head group, if the combination of converted sick and vacation leave hours results in an annual leave balance of more than 750 hours, any leave hours over 750 hours will be converted to compensation at the rate prior to promotion.

Conversion of Annual Leave to Compensation

1. Employees may convert a minimum of 8 hours and a maximum of 200 hours of annual leave hours to salary compensation twice each calendar year. The total number of hours converted per calendar year shall not exceed 200.

Employees may not convert accumulated annual leave below a balance of 40 hours.

2. Conversion requests shall be submitted on City forms to Payroll. The deadlines for conversion requests are as follows:

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Request Due Date Payment
2nd Friday in May 1st payday in June
2nd Friday in November 1st payday in December
Section 3.03 Use of Retained Sick Leave
Employees may utilize any retained sick leave balance for use as paid leave for:

1. Any bona fide illness or injury;

2. Quarantine due to exposure to contagious disease;

3. Any treatment or examination including, but not limited to, medical, dental or ocular;

4. Death in the immediate family;

5. Time off to resolve issues related to the employee being a victim of domestic violence, sexual assault or stalking as defined in California Labor Code Section 230.

6. Personal Leave as defined in Section 3.05

7. Conversion to PERS Service Credit pursuant to CalPERS regulations A City employee is not entitled to use retained sick leave for illness or injury arising out of employment, other than employment for the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

Employees are not eligible to use retained sick leave for donations to catastrophic leave programs.

All determinations of retained sick leave usage will be made by the Ag ency Head concerned, subject to the approval of the Human Resources Director.

Section 3.04 Management Leave
Employees accrue 40 hours of management leave with the first pay period ending in January.

Employees hired or promoted after that date shall receive a prorated amount of such leave. Such leave may only be utilized as time off during the calendar year. Any remaining hours will not carry over to the succeeding calendar year. Such leave will not convert to compensation upon separation from employment. Employees will not use management leave to extend retirement or separation date.

Section 3.05 Personal Leave
An employee may use up to three working days of retained sick leave per calendar year as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Section 3.06 Bereavement Leave
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Employees receive three working days of paid leave for bereavement purposes upon the death of a member of the employee’s immediate family . Immediate family for this provision is defined as the following relationships relati ve to the employee: child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the definition of “family memb er” in California labor code section 245.5 (4)(c) or successor legislation. Employees may receive an additional two working days of paid leave if the deceased family member resided outside the state boundaries or in excess of 250 miles from the employee’s home at time of death.

Section 3.07 Compensatory Leave
Department Head employees are not eligible to accrue compensatory time. Any employee who is promoted to the Department Head G roup will be required to convert any accrued balance of compensatory time to compensation at the rate of pay prior to the promotion.

Section 3.08 Family Medical Care Leaves
Family Leave shall be granted in accordance with the California Rights Act of 1993 and the Family and Medical Leave Act of 1993 , and any modified provisions and interpreted regulations for those respective statutes.

Employees may utilize up to six weeks of retained sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA.

This sick leave may be in addition to any other paid or unpaid leave, which may be granted under the provisions of FMLA and CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA and CFRA. Both paid and unpaid time during an approved FMLA/CFRA leave or Pregnancy Di sability Leave (PDL) of absence shall run concurrently with FMLA/CFRA leave.

Employees on any type of leave are required to use all eligible leave accruals, or the number of hours for full integration if integrating with disability programs, up to 80 hours per pay period. Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals include, but are not limited to, annual leave and management leave for any purpose, and retained sick leave accruals if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Section 3.09 Catastrophic Leave
The City agrees to permit employees within the Department Head Group to contribute a portion of their accrued annual leave to another employee when such employee has suffered a catastrophic injury or illness. E mployees may receive donations from other employees.

The City also agrees to permit employees to contribute a po rtion of their accrued annual leave to another employee when such an employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Retained sick leave may not be donated.

All Catastrophic Leave transfers are subject to the following conditions:
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1. The Human Resources Department shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or their Department requesting donations.

2. Catastrophic injury or illness as used in this provision is defined as an unforeseen or sudden unexpected illness or injury requiring immediate attention.

3. The receiving employee shall be on an approved continuous leave of absence at least 40 hours due to the catastrophic injury or illness . A statement from the employee’s or family member’s treating physician is required.

4. The employee has exhausted all accrued leave time, and is therefore facing financial hardship.

5. The receiving employee must participate in any City disability benefits for which the employee is eligible (e.g. short -term disability, long -term disability, or workers’ compensation).

6. The total number of hours that can be donated to the receiving employee from all c ontributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

7. The contributing employee must have at least 96 hours of annual leave remaining after such contribution. The leave application rate shall be based on the contributing employee’s dollar value, which shall be adjusted proportionally to the receiving employee’s rate.

8. The transfers must be in whole hour increments. Donations shall be transferred in accordance with the recipient's needs. Department Head Unit employees may not donate retained sick leave.

9. Once the leave has been transferred from the donating employee to the receiving employee, the transfer is irrevocable. Transfers shall be subject to all taxes required by law.

10. Requests and transfers shall be made on a form prescribed by the Human Resources Department.

Section 3.10 Jury Duty
In the event any full-time employee is duly summoned to any court during the employee’s scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excepting mileage or subsistence allowances, shall be remitted to the City.

Any employee called for jury duty in Rancho Cucamonga must return to work if dismissed before 3:00 pm. If the employee is called to San Bernardino, he or she 1307
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must return to work if dis missed by 2:00 pm. Upon return from jury duty, the employee shall present a certificate of service to the employee’s Agency Head.

This section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

Article IV. BENEFITS
Section 4.01 Health Insurance Contribution
The City will contribute up to a maximum of $300 per month toward health insurance premiums for active and retired employees. This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Section 4.02 Insurance
A. City Contributions to Cafeteria Plan Benefits

The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental and vision benefits.

Enrollment: An Eligible Employee must enroll in the City medical insurance plan unless the employee satisfies the conditions to be eligible for the opt -out provision below. The City’s lowest cost employee- only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

City Contribution: For eligible active employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01(A), shall be tiered. Employees who enroll in the City’s medical plan shall receive a Health Flex Contribution depending on the level of coverage selected by the employee as follows:

Single Coverage $765
Two-party Coverage $1,090
Family Coverage $1,380

Beginning January 1, 2018, for eligible active employees who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 4.01(A), shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in whic h the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017, selecting single party coverage shall receive a contribution of no less than $765 per month, or the applicable Kaiser prem ium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.

For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employees is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

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Cash-in-Lieu Option: An Eligible Employee will be eligible to receive cash- in-lieu of instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied.

1. The employee signs a form attesting that the employee and the employee's Tax Family have the Alternative Required Coverage for the Opt-Out Period. a. Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies. b. Alternative Required Coverage means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
c. Opt-Out Period means the plan year to which the opt-out arrangement applies.

2. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.

4. If the above conditions are satisfied:
a. Eligible Employees who waive coverage on or after September 1, 2004 are eligible to receive $420 per month cash-in-lieu.
b. Eligible Employees who waived coverage on or before September 1, 2004 are eligible to receive $485 per month cash-in-lieu.

5. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution up to the DPO basic plan premium for employee and dependents (in addition to the City Contribution described in Section 4 .02).

Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

6. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employee and dependent coverage (in addition to the City Contribution described in this 1309
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Section 4.02). Employees who do not enroll in the City vision plan will not receive employer contribution for dental premiums.

Eligible Employee Requirements

1. Employees must be full -time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 4.02, unless the employee is receiving disability benefits. Paid status includes hours paid for: regular work time, annual leave, management leave, bereavement leave, retained sick leave, jury duty leave, personal leave, paid military leave, disciplinary leave and paid holidays.

2. The City Manager may authorize, at their sole discretion , continuation of benefits for employees that do not have 15 hours of pay for a limited period of time. As defined under the Family Medical Leave Act of 1993 (FMLA), the City may determine that some unit employees may fall under the criteria of a “key” employee. If not a key employee, health benefits shall be continued as required by law for leave taken pursuant to FMLA.

3. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

Disability
The City shall pay the premium for the City's Disability Insurance Program.

Life and Accidental Death & Dismemberment Insurance
Employees shall be covered by the City’s group term life insurance and accidental death and dismemberment (AD & D) insurance plan. The City will pay the premiums for life insurance coverage amounts of $51,000 for basic life and $54 ,000 for accidental death and dismemberment policies (AD & D). Effective January 1, 2018, the level of coverage for each Department Head employee will increase to $75,000 for basic life insurance and $75,000 for accidental death and dismemberment insurance (AD&D).

Section 4.03 Flexible Spending Accounts
The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre -tax deductions for qualifying medical, dental , vision expenses, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service code.

Section 4.04 Deferred Compensation
The City has established a Section 401(a) money purchase plan for employer deferred compensation contributions. The City will contribute $225 per month to the Section 401(a) plan.

Employees are eligible to voluntarily participate in a Section 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may contribute additional deferred compensation to the plan in accordance with plan provisions and subject to plan maximums.

Section 4.05 Employee Assistance Program
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The City offers an employee assistance program for all members of this group. Confidentiality regarding employee use of this program will be maintained in full compliance with Stat e and Federal Regulations.

Section 4.06 Tuition Reimbursement
To provide encouragement for all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic and continuing education courses that are determined to be job-related and subject to the following conditions:

Full-time employees are eligible.

The determination that the course is job related shall be made by the employee’s Agency Head.

The course shall provide college- level or professional continuing education credit from an accredited educational institution.

The employee is not eligible for assistance from any other source.

Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

Classes shall not interfere with the employee’s normal work hours. Any exceptions must be approved by the employee’s Agency Head.

Certification of completion of the course with a passing grade must be obtained and submitted within 60 calendar days after completion of the course.

The maximum reimbursement amount paid to an eligible employee shall not exceed $1,000 per calendar year.

Tuition reimbursement requests shall be submitted to the employee’s Agency H ead for a determination that the course is job-related. After such determination is made, the Agency Head shall forward the request to the Human Resources Department for processin g. The Human Resources Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources Department. Rei mbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Section 4.07 Auto Allowance
The City may assign a City -owned vehicle to an employee for use on City business or the City may provide a monthl y allowance of up to a maximum $217 for an employee that is regularly required to use the employee’s private vehicle on City business. The City Manager may adjust such stipend in accordance with levels of activity and operational necessity.

If assigned, a City-owned vehicle may be used by employee for City business and for commuting to and from the e mployee’s residence. City shall incur all costs related to the provision of the vehicle, including maintenance and insurance. Employee shall be responsible for ensuring that 1311
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City’s vehicle is appropriately secured when parked at the employee’s residence. Employee acknowledges that City is required to report the value of the provided vehicle as income as required by applicable Internal Revenue Service regulations and tax laws.

Section 4.08 Meal Reimbursement
An employee may request reimbursement for meals consumed after regular work hours when such employee is required by the Agency Head to attend City Council meetings and city commission meetings that are in addition to those regularly scheduled. The limit for reimbursement shall be $12 and only actual expenses will be reimbursed. Requests will be submitted on the City’s reimbursement form through established channels and must include receipts verifying the expense.

Article V. RETIREMENT – END OF SERVICE
Section 5.01 CalPERS Contribution
Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired bef ore January 1, 2013 in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula for Local Miscellaneous Members including integration with Social Security. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. All classic members shall pay the employee’s contribution of eight (8%) percent as a pre-tax deduction to CalPERS.

New Member

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former members who have more than a six -month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New Members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

3. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of July 2013, the required employee contribution for new members is 6.25%. This amount will be adjusted periodically by CalPERS.

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Optional Benefits for Classic and New Members

The City’s contract with the Public Employ ees’ Retirement System includes the following optional benefits for both classic and new members:

1. Section 20903 – Two Years Additional Service Credit

2. Section 20965 – Sick Leave Credit

3. Section 21024 – Military Service Credit

4. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability

5. Section 21548 – Pre-Retirement Optional Settlement Death Benefit

Section 5.02 Employee Severance Compensation
In recognition that employees serve at the will and pleasure of the City Manager, the City Manager may offer employment severance pay to terminating employees. The period of such severance compensation shall be determined by the City Mana ger and may be included in the terms of a contractual agreement between the employee and the City made at the time the individual is hired or promoted.

ARTICLE VI. GENERAL PROVISIONS

Overpayments, Recovery and Underpayments

In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overpayment was received by the employee or sooner at the employee’s discretion.

In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for w hich the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

Direct Deposit and Electronic Pay Advice
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A. Employees must make and maintain arrangements for direct deposit of t heir net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one month.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of Human Resources Agency.

D. The electronic pay advice will be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day.

ARTICLE VII. FINAL SIGNATURE

All provisions set forth in this Profile are hereby effective the 1st day of July 2021.

City of Ontario

Scott Ochoa
City Manager

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APPENDIX A -- SALARY RANGE TABLE

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APPENDIX A - SALARY GRADE TABLE
2021 DEPARTMENT HEAD PROFILE
Classification
Monthly
Minimum
Monthly
Maximum
Monthly
Minimum
Monthly
Maximum
Assistant City Clerk / Records Management Director $11,020.53 $15,386.80 $11,242.40 $15,695.33 Assistant Finance Director $12,072.67 $15,381.60 $12,315.33 $15,690.13 Assistant General Manager - Administration and Customer Service $13,587.60 $16,154.67 $13,859.73 $16,478.80 Assistant General Manager - Integrated Waste $11,020.53 $16,154.67 $11,242.40 $16,478.80 Assistant General Manager - Utilities Engineering and Operations $14,386.67 $17,664.40 $14,674.40 $18,018.00 Assistant Human Resources / Risk Management Director $12,072.67 $14,674.40 $12,315.33 $14,969.07 Broadband General Manager $13,291.20 $16,154.67 $13,558.13 $16,478.80 Building Official $12,658.53 $15,386.80 $12,913.33 $15,695.33 Chief Investment Officer $10,608.00 $12,906.40 $10,821.20 $13,164.67 City Engineer $14,544.40 $17,676.53 $14,835.60 $18,030.13 Communications and Community Relations Director $11,020.53 $15,386.80 $11,242.40 $15,695.33 Community Improvement Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 Departmental Administrator $10,687.73 $12,987.87 $10,902.67 $13,247.87 Deputy Police Chief $14,806.13 $19,838.00 $15,102.53 $20,234.93 Economic Development Director $13,291.20 $16,154.67 $13,558.13 $16,478.80 Emergency Medical Services Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 Fire Administrative Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 Housing Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 Innovation Performance and Audit IPA Director $11,020.53 $15,386.80 $11,242.40 $15,695.33 IT Applications Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 IT Operations Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 IT Systems Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 Library Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 Municipal Services Director $10,687.73 $12,987.87 $10,902.67 $13,247.87 Museum, Arts and Culture Director $10,687.73 $12,987.87 $10,902.67 $13,247.87 Parks and Maintenance Director $10,687.73 $12,987.87 $10,902.67 $13,247.87 Planning Director $13,291.20 $16,154.67 $13,558.13 $16,478.80 Police Administrative Director $11,020.53 $13,393.47 $11,242.40 $13,662.13 Recreation/Community Services Director $10,687.73 $12,987.87 $10,902.67 $13,247.87 Utilities Administrative Services & Integrated Waste Director $12,379.47 $15,045.33 $12,627.33 $15,346.93 Utilities Customer Services Director $10,687.73 $12,987.87 $10,902.67 $13,247.87 Water Resources and Regulatory Affairs Director $12,379.47 $15,045.33 $12,627.33 $15,346.93 Approximate Salaries*
July 4, 2021 July 3, 2022
* Actual rates will be calculated by the City's payroll system. Page 1 of 1 1316
Printed: 01/28/2022 5:18 PM
Amendment and Extension of the 2018 – 2022 Memorandum of Understanding Between the City of Ontario and
Ontario Professional Firefighters Association

The City of Ontario (City) and the Ontario Professional Firefighters Association, Local 1430 I.A.F.F. (Association) agree to amend the 2018 – 2022 Memorandum of Understanding (hereinafter known as “MOU”) and extend the agreement by one additional year. The MOU is hereby amended as follows:

Compensation
Article 10. Compensation

The following amends Article 10 by revising Section 10.01(E) and adding Section 10.01(F).

Section 10.01 Salary

E. Effective January 2, 2022, employees with the unit will receive a 2% increase in base salary.

F. Salaries for the classifications covered in this MOU shall be set forth in Appendix A.

The following amends Article 10 by adding Section 10.08.

Section 10.08 American Rescue Plan Act Premium Pay

The American Rescue Plan Act (ARPA) provided federal relief funds to local government agencies for certain uses. Among those uses include premium pay for employees who perform essential work during the COVID -19 pandemic. In rec ognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID - 19 pandemic, active employees (with a probability of continued employment) as of 1/28/2022 will receive a one-time lump-sum payment of $10,000.

The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS.

ARPA Premium Payment will be issued in a separate paper check on or before 2/11/2022.

Term of the MOU
Article 21. Duration and Implementation

The following amends Article 21 by adding (C) to amend and extend the current MOU.

C. In consideration for the salary compensation adjustments pursuant to Section 10.01(E) and Section 10.08, the parties agree to amend the current MOU and extend the MOU by one year from June 30, 2022 to June 30, 2023.

The above stated terms and conditions super sede related section(s) in any previous MOU. All other terms and conditions in the original 2018-2022 MOU, including related Side Letter of Agreement unless otherwise referenced herein, remain the same. This amendment shall become effective immediately upon ratification of both parties.

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Printed: 01/28/2022 5:18 PM

Approved:

Angela C. Lopez, Executive Director Human Resources
and Risk Management
Date
City of Ontario

Kevin Fugate, President Date
Ontario Professional Firefighters Association
Local 1430 I.A.F.F.

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Printed: 01/28/2022 5:21 PM
Amendment and Extension of the 2018 – 2022 Memorandum of Understanding Between the City of Ontario and
Ontario Fire Management Group

The City of Ontario (City) and the Ontario Fire Management Group (Group) agree to amend the 2018 – 2022 Memorandum of Understanding (hereinafter known as “MOU”) and extend the agreement by one additional year. The MOU is hereby amended as follows:

Compensation
Article 10. Compensation

The following amends Article 10 by revising Section 10.01(F), Section 10.1(G) and Section 10.01(H).

Section 10.01 Salary

F. Effective January 2, 2022, employees with the unit will receive a 2% increase in base salary.

G. Salaries for the classifications covered in this MOU shall be set forth in Appendix A.

H. The City agrees to continue to maintain the relationship between the Fire Battalion Chief and Fire Captain at top step receiving paramedic skill compensation, plus any additional skill compensations or incentives, for the purpose of maintaining current base pay relationship between positions. The salary differential between classifications within the unit shall be maintained within the structure as of January 2018. In January 2022, a review will be conducted to determine the relationship. The review will not obligate the City to any adjustment.

The following amends Article 10 by adding Section 10.05.

Section 10.05 American Rescue Plan Act Premium Pay

The American Rescue Plan Act (ARPA) provided federal relief funds to local government agencies for certain uses. Among those uses include premium pay for employees who perform essential work during the COVID -19 pandemic. In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID - 19 pandemic, active employees (with a probability of continued employment) as of 1/28/2022 will receive a one-time lump-sum payment of $10,000.

The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS.

ARPA Premium Payment will be issued in a separate paper check on or before 2/11/2022.

Term of the MOU
Article 19. Duration and Implementation

The following amends Article 19 by adding (C) to amend and extend the current MOU.

C. In consideration for the salary compensation adjustments pursuant to Section 10.01( F) and Section 10.05, the parties agree to amend the current MOU and extend the MOU by one year from June 30, 2022 to June 30, 2023.

The above stated terms and conditions super sede related section(s) in any previous MOU. All other terms and conditions in the original 2018-2022 MOU, including related Side Letter of Agreement unless 1319
Printed: 01/28/2022 5:21 PM
otherwise referenced herein, remain the same. This amendment shall become effective immediately upon ratification of both parties.

Approved:

Angela C. Lopez, Executive Director Human Resources
and Risk Management
Date
City of Ontario

Mike Gerken, President Date
Ontario Fire Management Group
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Department: Utilities
Prepared By: Courtney Jones
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

DECLARATION OF MANDATORY WATER RESTRICTIONS - STAGE 2

CITY OF ONTARIO
Agenda Report
February
1, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council implement Stage 2 of the City’s Municipal Code Water Conservation Plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Operate in a Businesslike Manner
FISCAL IMPACT:

The mandated water conservation measures may result in reduced revenue for the water enterprise fund and a corresponding reduction in operational costs such as water purchases. There may be other incidental savings or costs incurred by the City in complying with the mandatory restrictions.

BACKGROUND & ANALYSIS:

On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the eﬀects of drought and ensure the protection of public health, safety, and the environment while calling for a 15% voluntary reduction in water use to preserve available supplies and protect water reserves. On October 19, 2021, Governor Newsom expanded the drought emergency statewide, including San Bernardino County, and further urged Californians to step up their water conservation efforts.

The State Water Resources Control Board (SWRCB) found that an emergency exists due to severe drought conditions in the State and approved emergency drought regulations on January 4, 2022.

These regulations are intended to prohibit certain wasteful or unreasonable water uses in order to preserve urban water supplies.

In order to meet the Governor’s 15% voluntary reduction and comply with the SWRCB approved emergency drought regulations, the City needs to move from Voluntary Conservation (as described 1321
in section 6-8.25 of Ontario's Municipal Code, Chapter 8A) into Stage 2 of the Water Conservation Ordinance (as described in section 6-8.27 of Ontario’s Municipal Code, Chapter 8A).

Stage 2 includes all prohibitions and restrictions in Stage 1 (6.8-26 of Ontario’s Municipal Code, Chapter 8A).

Relevant Stage 1 - water shortage-water supply reduced by up to ten percent (10%) restrictions include:

1 .

Except as required for health and sanitary purposes, washing of sidewalks, walkways and driveways or other paved surfaces is prohibited.
2 .

No person shall irrigate between the hours of 9 AM and 4 PM. 3 .

No water customer shall cause or allow the water to run off landscape areas.

Stage 2 - water shortage-water supply reduced by ten percent (10%) to twenty percent (20%) restrictions include:

1 .

All prohibitions and restrictions in § 6-8.26 Stage 1 water shortage-water supply reduced by up to ten percent (10%); and,
2 .

Filling or reﬁlling of empty swimming pools shall not occur without the written permission of the City Manager or his/her designee.
3 .

All customers are prohibited from irrigating turf or ornamental landscapes during and within 48 hours following measurable rainfall.
4 .

Operators of hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and prominently display notice of this option. 5 .

All persons, including the City, are prohibited from irrigating with potable water any ornamental turf on public street medians.
6 .

The use of potable water for irrigation outside of newly constructed homes and buildings shall be consistent with California Building Standards Commission and Department of Housing & Community Development.

The Ontario Municipal Code, Chapter 8A, contains violation provisions for non-compliance that can result in a surcharge of up to $500 on customer’s water bill. However, Staﬀ recommends educating and empowering customers with water use eﬃciency tips and oﬀering various conservation rebate programs as the primary method of reducing water use; and only using the violation provision as a last resort.

To assist residents and businesses in achieving the 15% voluntary reduction in water use, the City has water saving rebate programs, free landscape workshops, and irrigation tune-up programs available; which can be found at
www.OntarioWaterWise.org
. There is also a Water Waste Form
available on the My Ontario App and the City website where customers can report suspected water waste incidents.
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Ontario City CouncilFebruary 1, 2022

Ontario City Council
February 1, 2022