Ontario City Council
June 15, 2023

President in writing the reason for choosing to do so.

5. The Human Resources Department is responsible for screening all applicants. Vacancies shall be filled on a promotional basis only after a promotional examination has been held and an eligibility list established. In those non-supervisory positions for which a written examination is not practical in management's judgment, promotions shall be on the recommendation of the supervisor and the Department Head and confirmed by the City Manager. Among the factors to be considered, but not necessarily limited to, are:

a. Knowledge, training, ability, skill, and efficiency. b. Ability to get along well with fellow employees.
c. Ability to perform the essential functions of the position consistent with applicable laws. d. Attendance record, excluding leaves of absence protected by law (e.g. FMLA). e. Experience.
f. Seniority.

Where all factors are not significantly different, seniority shall prevail.

B. Promotional Preference
It is agreed that whenever management determines that a recruitment for a vacant position is to be filled promotionally only, preference shall be given to those employees in the department where the vacancy exists, then City wide, provided all other things are relatively equal. This provision shall be applicable only to those classifications represented by the Union.

Section 2.05 Temporary Employees
A. The City will fill vacant, authorized, full-time positions in a timely manner with regular full-time employees.

The City, on occasion, may require the use of temporary staff (City or agency) to provide employment services on an extended basis. Such use of temporary staff shall not be for the purposes of “filling” full- time positions with temporary persons; rather, these instances are unique situation-specific occurrences that are intended to meet the City’s immediate operational needs. An employee cannot remain in this category for over six months without the express approval of the Human Resources Director .

B. It is also the City’s intent to provide due consideration of the City work experience obtained by temporary employees when such employees apply for full-time, regular City employment.

C. The City shall provide on a monthly basis, copies of invoices and claim forms relative to contractual temporary labor performing Union bargaining unit work in the Public Works Agency. Additionally, a listing of City temporary employees will be provided on a monthly basis.

Section 2.06 Layoff Procedures
A. The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the Union are to be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned Union on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two-week period prior to the proper layoff action.

B. A demotion or transfer to another department with the City Manager’s approval 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 109
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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 of which the concerned employee organization shall be fully appri sed in advance. 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. 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.

D. 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 (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular status 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 as laid off for the same reason as the person who displaced the employee, and shall in the same manner, be eligible to displace to a position in a classification in which the employee formerly held a regular status appointment and is qualified by education and/or experience, and is capable of performing the duties of the classification.

E. Failure to return to work from the layoff within 15 calendar days after notice to return by certified or registered mail to the employee at their last known address on file with the City Human Resources Office 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.

Article 3. CLASSIFICATIONS
Section 3.01 Current / Changed Classifications
A. The job description and classification for each position represented by the Union shall continue in effect unless and until:

1. The job content is substantially altered as to the requirements for training, skill, responsibility, effort and working conditions.

2. The position is terminated.

3. The classification is placed in another unit. The classification shall not be assigned to a different unit without reasonable notice.

B. When an existing position is substantially altered, then the existing classification shall be processed in accordance with the following procedures:

1. The Human Resources Department shall develop a description, classification and evaluation of the position.

2. The proposed job description, classification and wage rate for the proposed classification shall be submitted to the Union.

3. Job descriptions shall reflect the general details considered necessary to describe the principal functions of the job being described and shall not be construed as a detailed description of all of 110
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the work requirements that may be inherent in the job.

4. 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 including all necessary school costs. The City may pay directly or reimburse the employee if proof of cost is presented by the employee. The City shall not pay the cost of classes or application fees when an employee must repeat the process due to the employee’s inability to attain the certificate or license.

C. The City shall maintain a program of continual review of all job classifications making necessary revisions and reclassifications based on the findings.

Section 3.02 Higher Classification Work
A. Any employee who temporarily performs the duties of a position in a higher classification for 80 cumulative hours shall continue to receive the employee’s normal rate of pay. Any subsequent work performed by the employee in the higher classification shall entitle the employee to receive a higher rate of pay with two exceptions:

1. If substantial time, more than 12 months, has elapsed since the employee has last performed the work of the higher classification, the supervisor may require a performance test not to exceed a normal days work at the employee’s normal rate of pay. (This time shall not be compensated at the higher classification pay.)

2. In the instances where new equipment or new operational procedures are involved, the supervisor may require a training period not to exceed two normal days work at the employee's normal rate of pay. (This time shall not be compensated at the higher classification pay).

B. The higher salary rate payable shall commence on the 81 st working hour following the temporary assignment to the performance of duties of the higher classification. The higher rate of pay shall be defined as a one stepone-step increase in pay or “Step 1” of the classification, whichever is higher.

C. In those instances where training is not involved, and if, in the supervisor's opinion, an employee is proficient in the higher classification, management has the authority to pay that employee at a higher classification pay rate without waiting 80 hours.

D. If an employee assumes or is scheduled to assume the preponderance of duties of a higher classification in excess of 12 consecutive months, then the Department Head shall either initiate filling the position, stop the out of class assignment, or obtain written authorization from the City Manager to continue the assignment.

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 on the appropriate form to the Human Resources Director.

B. An employee shall not submit such 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 responsibility.

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

Section 3.04 Classification Review Appeal
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A. An employee may appeal the decision of a classification review no later than 10 working days after such results have been provided to the employee. Such an appeal shall be filed with the Human Resources Office. Such an appeal s hall include a detailed statement by the employee indicating the employee’s reasons for disagreement with the classification review decision.

B. A designated individual in the Human Resources Office shall hold a meeting with the employee no later than 14 working days after the classification review appeal filing. 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 the meeting with the employee.

C. If the employee is not satisfied with the decision from Human Resources, 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. Provisions within this section shall not be subject to the grievance procedures of this MOU.

Section 3.05 Compensation and Classification Studies Beginning summer 2021, the City agrees to survey five (5) AFSCME represented classifications, as selected by AFSCME each year. Salary surveys will include total compensation consisting of, but not limited to, salary, incentive pays, and indirect compensation of any benefit paid by the City. Salary survey results do not guarantee an adjustment in compensation and are for the purpose of providing an understanding of the market.

The agencies surveyed will include one water utility agency in the Inland Empire region which shall be comparable in the labor market by demographics, revenue, services provided, and size of the organization.

The parties will meet and confer on the comparable agencies.

The study will not include positions already scheduled to be studied as part of the total compensation survey funded by the City’s enterprise funds . The City will complete the initial study(s) by December 31, 2021 and provide the union with the results by February 1, 2022. The results of each subsequent year’s survey will be completed by December 31 of that year with the results provided to the union by February 1.

Article 4. COMPENSATION

Section 4.01 Salary
A. Effective July 42, 20212023, employees within the unit will receive a 1.959.5% increase in base salary.

B. Effective July 314, 20222024, employees within the unit will receive a 29.5% increase in base salary.

C. Effective July 13, 2025, employees within the unit will receive an 8% increase in base salary.

Section 4.02 Salary Schedule
Wages for various classifications shall be set forth in Appendix A attached to this MOU.

Section 4.03 Overtime
A. This section is applicable to overtime scheduled in advance and to emergency overtime as required to supplement employees on "standby" duty. It is understood that overtime assignments are made by classification within the department requiring the overtime.

B. The City reserves the right to schedule overtime work as required in a manner most advantageous to 112
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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, those qualified for assignment, and the ability to utilize employees within appropriate classifications from departments other than that requiring the overtime.

C. In the circumstances described in 4.03 (A), overtime shall be divided as equally as possible between all qualified employees within the affected classification and among those desiring to do the work.

D. In order to assure equal distribution of overtime, an overtime list shall be established by classification within a department according to seniority. Annually the senior employee shall be given the first opportunity for an overtime assignment. After completion of an overtime assignment the senior employee shall move to the bottom of the list and not be offered an overtime assignment until each employee in the affected classification has been offered an overtime assignment.

E. In the interest of effective and efficient operation of the City it is understood that it may be necessary to make exceptions to the rotation policy, however, it shall be the intent that each employee shall have the opportunity to accept an amount of overtime work during the course of the fiscal year relatively equal in time to that accepted by other employees within the same classification and department.

F. As an example of an exception to the rotation policy, each employee on standby duty shall be given a list of eligible employees available for emergency assistance. Each standby employee's list shall vary to some extent providing the opportunity for each qualified employee to be available for emergency overtime depending upon which standby person is on duty. Because of the emergency nature of the work the standby employee shall be allowed to select anyone including other standby employees when the requirement for assistance extends beyond the availability of appropriate employees on the list.

G. In the event no employee is willing to accept an overtime assignment, it shall be assigned by reverse order of seniority within a classification. In subsequent cases of unaccepted overtime, the next lowest employee in seniority within the classification shall be given the assignment with the intent being to divide equally all unaccepted overtime among affected employees.

H. Overtime shall be paid for time worked in excess of the employee's regularly scheduled daily shift or in excess of 40 hours in any one week at the rate of one and one-half (1½) times the normal hourly rate.

I. Overtime may be compensated in the form of pay or compensatory time.

Section 4.04 Compensatory Time
A. All accumulated Compensatory Time will be recorded in the employee’s Compensatory Time bank.

B. All unit employees may retain a balance of accumulated Compensatory Time not to exceed 240 hours at any given time.

C. Upon separation of employment with the City, the employee will be paid for all accumulated and unused Compensatory Time.

D. Employees may convert accumulated Vacation Leave and/or Compensatory Time hours to salary as provided for in Section 5.02(C).

Section 4.05 Standby
A. Standby duty assignments shall be rotated annually among employees qualified to perform such duties.

B. The determination as to an employee's qualifications shall be made by the Department Head or authorized representative.
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C. Employees on standby duty will be used primarily for unanticipated or emergency work needs.

Anticipated assignments required outside of regularly scheduled work hours shall first be filled in accordance with the overtime provisions in Section 4.03. The City reserves the right to assign an employee on standby to perform such assignments in the event that an employee fails to appear as assigned.

D. Employees on actual standby duty 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, employees on actual standby duty are required to either carry a City -provided communication device or leave word with the Police Department Watch Commander where they can be reached by telephone when not at their place of residence. Employees on actual standby duty may transfer standby duties to another employee receiving standby pay. The employee’s immediate supervisor shall be notified of any such transfers.

E. Habitual failure to respond to call -out situations within a reasonable period of time, as determined by supervisory personnel, shall constitute grounds for disqualification from the standby program.

F. From those employees determined to be qualified and by seniority, a list of those employees qualified to perform standby duty shall be established. Those employees currently on the standby assignment shall be placed at the bottom of the list in accordance with their seniority, but behind less senior employees not on standby duty.

G. By seniority, each employee on the list shall have the opportunity to accept or decline standby duty. In the event the senior employees at the top of the list decline the standby assignment, their names shall be placed at the bottom of the list and the next senior employee shall be given the opportunity to accept or decline the assignment. This process shall be repeated until four individuals have accepted the assignment.

H. In the event no employee on the list accepts the assignment, the Department Head, or authorized representative, may appoint employees on the list in order of the least senior individual first; or, an individual not eligible to be on the list, but determined to be qualified by the Department Head, may be appointed.

I. The individuals selected to serve on standby duty through the process set forth above shall continue in the assignment for a period not to exceed six months unless such individuals are reselected utilizing the procedures set forth above. The six month period shall commence each February and each August.

J. When four individuals have been selected, their order in the weekly standby rotation shall be determined by "luck of the draw." At the time of the draw employees may trade the order of rotation.

K. In the event an individual serving in a standby capacity is unable to complete the six month duty assignment, the individual's name shall be placed at the bottom of the list; the individual selected to
replace that person shall serve in the standby capacity for the remainder of the annual standby assignment period.

1. An individual selected from the top of the list to complete three or more months of an annual standby assignment, shall be placed at the bottom of the list upon completion of the annual standby assignment period.

2. An individual selected from the top of the list to complete three or less months of an annual standby assignment shall remain at the top of the list and shall be eligible for a full one- year standby assignment.

L. Compensation Provisions for Employees Assigned to Standby Duty

1. Any employee who is assigned to standby duty, shall receive $30 per day. 114
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2. Any employee who is called back to work who is on standby, shall be paid at one- and-one-half (1½) times the employee’s normal hourly rate.

3. The time for call back begins when the employee receives the call. The time ends when the employee returns home.

M. Compensation Provisions for Employees Not Assigned to Standby Duty

1. Any employee who is not on standby and is called back to work, shall be guaranteed a minimum of two hours pay at the time-and-one-half rate.

2. An employee is considered called back to work if they have physically left the worksite and is required to return to the worksite. If an employee is not required to report the worksite, the employee will not be guaranteed a minimum number of hours but will be paid for the number of hours actually worked.

3. If an employee is required to report within one hour of their regularly scheduled start time or required to work continuously beyond the employee’s regularly scheduled end time, the employee shall not be considered as called back to work.

4. The time for call back begins when the employee receives the call. The time ends when the employee finishes work.

Section 4.06 Shift Differential
The City shall pay a shift differential equivalent to 3% of base pay for all hours worked by an employee who is routinely and consistently scheduled to work a nonstandard shift. A nonstandard shift is defined as any shift other than a “daytime shift” where when a majority of the employee’s regularly scheduled shift hours occur before 7:00 A.M. or after 5:00 P.M.

Section 4.07 Fatigue Pay / Time Off
A. In response to an emergency or other special circumstance, the City may require that an employee work during the hours between 10:00 P.M. and 6:30 A.M. If an employee, not scheduled to work during this time period, is required to work at least three (3) consecutive hours between 10:00 P.M. and 6:30 A.M. and has a regularly scheduled shift later that same day, the City will make all reasonable efforts to permit the employee to delay reporting for their scheduled shift by the equivalent number of hours (in quarter hour increments) that were consecutively worked by the employee between the hours of 10:00 P.M. and 6:30 A.M.. For an employee otherwise meeting the requirements above, who ends such unscheduled work at their normal scheduled start time, the City will make all reasonable efforts to provide the employee the option to continue working and then end their scheduled shift early by the equivalent number of hours (in quarter hour increments). The employee will be paid at the employee’s regular hourly rate of pay during the hours between the employee’s scheduled reporting time and the approved delayed or end reporting time. Such paid fatigue time shall be considered as hours worked for the purpose of calculating overtime.

B. An employee who works between 10:00 pm and 6:30 A.M. and otherwise meets the criteria outlined above but falls short of the required three (3) consecutive hours needed to trigger paid fatigue time may elect to take the same amount of time off without pay. The City will make all reasonable efforts to permit the employee to delay reporting for their shift by the equivalent number of hours (in quarter hour increments) that were worked by the employee between the hours of 10:00 P.M. and 6:30 A.M. For an employee otherwise meeting the requirements above, who ends such unscheduled work at their normal scheduled start time, the City will make all reasonable efforts to provide the employee the option to continue working and then end their scheduled shift early by the equivalent number of hours (in quarter hour increments). This time off will be unpaid, unless otherwise covered by vacation or compensatory time. Any employee who utilizes their unpaid fatigue time may, where work is available, extend their shift 115
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by the amount equivalent to the fatigue time taken at the beginning or end of their shift.

C. An employee entitled to unpaid fatigue time under section 4.07(B) may request to use accrued vacation time or compensatory time toward any unpaid fatigue time.

D. This provision may be temporarily suspended at the discretion of the City Manager in the event that the employee is working as a Disaster Service Worker to aid in recovery operations.

Section 4.08 Skills and Certifications
A. Bi-Lingual

1. Employees who are routinely and consistently assigned to positions requiring communication skills in languages other than English by the Department Head to perform bilingual translation as part of their regular duties, shall be entitled to bilingual differential pay. Such assignment shall be in written form. Such differential shall apply regardless of the total time required for such translation.

Employees in such positions must be certified as competent in translation skills by the Human Resources Department to be eligible for compensation.

2. Employees eligible for bilingual pay shall receive $100 per pay period.

B. Notary Pay

1. Employees assigned by the Department Head to perform notary duties as part of their regular duties shall receive additional compensation. Each unit 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 $20 per pay period.

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

C. Equipment Mechanics and Fire Equipment Mechanics

1. Employees who receive specified certificates or licenses below, in order to enhance their ability to do their job, shall receive Educational Incentive in the defined amounts as a percentage of base salary.

1.2. Employees in the equipment mechanic classifications are eligible for additional compensation at the rate of 3% of base pay for possession of certification as follows:

CLASSIFICATION

CERTIFICATION
Equipment Mechanic Possession of an ASE Certified Master Automotive Technician Certificate
Senior Equipment Mechanic
Fire Equipment Mechanic
Senior Fire Equipment Mechanic
Possession of an ASE Medium / Heavy Duty
Truck Master Technician Certificate

2.3. Those employees Employees in the Equipment Mechanic Classification that possess an ASE Certified Master Automotive Technician Certificate at the time of their promotion to a Senior Equipment Mechanic, Fire Equipment Mechanic or Senior Fire Equipment Mechanic classificatio n shall continue to be eligible for possession an ASE Certified Master Automotive Technician Certificate for a period of six (6) months from the effective date of their promotion. Compensation for having either certification shall not exceed 3% of base pay. who have been receiving additional 116
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compensation for possession of only one of the two certifications will continue receiving such compensation until such time that their certification lapses without renewal. Should this occur, the employee will be required to possess both certifications, as identified in this section, to be eligible for the 3% additional compensation.

3.4. The Equipment Mechanics, Senior Equipment Mechanics, Fire Equipment Mechanics and Senior Fire Equipment Mechanics shall be eligible for 5% of base pay for possession of a California Smog Certificate. Eligibility for the aforementioned incentive pay shall be in accordance with the following guidelines.
a. The incentive pay shall be effective on the first day of the pay period following the emp loyee's written request to the Municipal Services Director and presentation of proof of certificates. The written request must be submitted within 90 days of receiving the applicable certification or within 90 days of the completion of the employee’s initial probationary period if the certification was obtained prior to employment or during the initial probationary period. b. Educational incentive pay is not to be considered a part of the employee's base pay. In order to achieve and maintain the incentive the employee must be performing in a satisfactory manner, with increased proficiency as demonstrated in merit reviews, and continue to maintain current active certificates.
c. Equipment Mechanics, Senior Equipment Mechanics, Fire Equipment Mechanics and Senior Fire Equipment Mechanics in all salary step ranges shall be eligible for educational incentive pay only after they have successfully passed the probationary period for regular employees.

d. Employees on temporary status or in the initial probationary period shall not be eligible for educational incentive pay.
e.c. The maximum incentive pay attainable under this program is 8%. f.d. The City shall allow the employees in the above- mentioned classifications to take certification courses for the mentioned certificates in this provision not to exceed 30 hours/course during work hours. To be eligible an employee must have passed probation and must provide the employee’s department at least 15 working days advance notice. The department shall attempt to accommodate the employee's request based on operational needs.

D. W elding – Utilities – Hazard Premium

A maximum of three eligible employees in the Utilities Department shall be routinely and consistently assigned to perform hazardous welding activities to implement health or safety procedures. The assignment shall be compensated at the rate of 5% of base pay when so assigned.

A logical work -related grouping shall be established to determine eligibility for the assignment. This group will consist of those who can satisfactorily pass a qualifying welding test to prove proficiency in welding. Employees in the classification of Maintenance Worker/Meter Reader (formerly Maintenance Worker I) are not eligible. Such test shall involve satisfactory performance of the following tasks in no more than two hours:A maximum of three eligible employees in the Utilities Department shall be eligible to receive compensation at the rate of 5% of base pay for passing a qualifying welding test. Employees in the classification of Maintenance Worker/Meter Reader (formerly Maintenance Worker I) are not eligible. Such test shall involve satisfactory performance of the following tasks in no more than two hours:

1. Cutting:
a. Two metal plates (8 inches by 8 inches by 1/8 of an inch thick); and 117
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b. An 18-inch section of 6-inch diameter metal pipe; and

2. Welding the bottom of a metal pipe 12 to 18 inches off the ground with in-plates and one coupling on the end of the in-plates.

To pass:

1. The cutting must be square and the correct length.

2. The welding requires the correct setting of gasses and the welding pipe must pass a standard pressure test.

Section 4.09 American Rescue Plan Act Premium
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 January 28, 2022 will receive a one-time lump-sum payment as follows:

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

The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS regulations. The ARPA Premium Payment will be issued in a separate paper check on or before February 11, 2022.

Section 4.09 Merit Increases
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 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 achieving 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, sick leave, and retirement benefits. 118
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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 gr anted 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 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. Salary on Promotion

Effective the first full-pay period upon ratification of this agreement.

An employee who is promoted shall be assigned to the lowest step of the new salary range which allows an increase of approximately five percent (5%) over the employee’s current salary at the time of promotion. The Agency Head may recommend assignment to a higher salary step based on special circumstances to the Executive Director Human Resources.

The date of promotion will establish a new salary review date and the employee shall be eligible for the next merit increase in accordance with Section 3. Advancements. The promotion date will be effective at the beginning of an established pay period.

Article 5. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following paid holidays, except as provided in provision 5.01(B) below, shall be observed on the day specified. Employees shall receive holiday hours in accordance with their regular workday.

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
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Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day after the 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. For employees, any holiday listed in provision 5.01(A) which falls on Sunday shall be observed on the following Monday.

C. Any holiday occurring on an employee's regular day off, shall be compensated as straight compensatory time or pay, at the employee’s option, as follows:

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

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

3. Employees on a 9/80 work schedule shall receive compensation in accordance with their regular work day, as follows:
a. Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (9, 8.5, or 8 hours).
b. If the holiday falls on the employee’s flex day or regular scheduled day off, the employee shall receive 9 hours of compensation.

D. Employees shall not be eligible for holiday pay for any pay period for which they have (1) an unapproved leave of absence the day after the holiday or (2) the employee is on a leave of absence without pay for the entire pay period.

E. Any employee who is normally required to work on an approved holiday because they work in position that required scheduled staffing without regard to holidays shall receive one- and-one-half (1½) times the normal hourly rate for all hours worked on the holiday.

F. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Years Day. During this time, employees shall use accrued time, excluding time from the sick leave bank, to cover the period of closure.

G. The IntegratedSolid Waste Department normally shall not work on the following holidays:

New Year's Day January 1st
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
H. Should the City determine that operational needs require the Solid Integrated Waste Department and 120
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supporting elements in the Equipment Services Department to work on any one of the above holidays; such departments may work those days with a majority consensus of the affected employees.

Section 5.02 Vacation
A. Vacation Accrual Rates

1. Employees shall accrue vacation leave as follows:

Years of Service Hours
0 - 1 80
2 88
3 96
4 104
5 112
6 120
7 128
8 136
9 144
10 - 11 152
12 160
13 168
14 176
15 & More 184

2. Vacation 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, vacation leave, bereavement leave, sick leave, jury duty leave, personal leave, paid military leave, disciplinary leave and paid holidays. Paid hours do not include amounts paid by any other disability benefits.

B. Maximum Vacation Accrual
The maximum vacation accrual balance shall be 500 hours. Once the employee has a vacation accrual balance of 500 hours, no additional vacation hours will be accrued until the balance drops below 500 hours.

C. Vacation And Compensatory Time Cash-out

1. Employees may cash out accumulated Vacation Leave and/or Compensatory Time hours twice each calendar year. Such conversion of Vacation Leave and/or Compensatory Time hours shall be at the unit employee’s base rate of pay that is in effect at the time of such conversion and will be limited to a maximum of 200 hours each calendar year. Employees cannot cash- out accumulated Vacation Leave balances below 40 hours.

2. 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
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Section 5.03 Sick Leave
A. City employees are entitled to 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. Personal Leave use as defined in Section 5.04

6. Death in the immediate family.

B. City employees may use up to 48 hours per calendar year of sick leave for illness 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.

2. If applicable, leave taken pursuant to this provision will be counted toward other family leaves.

3. The employee must inform the employee’s supervisor when requesting KinCare leave that the leave is being taken pursuant to this provision.

C. An employee is 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.

D. Employees accrue sick leave at the rate of eight hours per month on a pro- rated basis based on paid hours as defined in Section 5.02 (A).

E. There shall be no limit on the amount of sick leave that may be accrued by a regular employee.

F. Sick Leave shall not be taken as vacation or compensated for in money at any time.

G. When an employee has been on sick leave, the City reserves the right to make an investigation of the illness if deemed necessary. A doctor's certificate may be required when there is reasonable cause to identify that abuse of sick leave exists or has taken place. On the first day of illness, the employee must notify the department before shift begins if the employee is to receive sick leave credit.

H. The first 24 hours of three days of sick leave taken during a calendar year shall be designated to comply with California Labor Code Sections 245-249 (Healthy Workplace/Healthy Family Act).

I. All determinations of sick leave shall be made by the Department Head concerned subject to the approval of the Executive Director Human Resources / Risk Management Director.

Section 5.04 Personal Leave
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A. An employee may use no more than three working days (as defined by the employee's regularly scheduled workday) of sick leave per fiscal year, as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made for:
a. Bereavement leave for other than members of the employee's immediate family. Immediate family for this provision is defined in Section 5.05(A)
b. Court appearances when required to be present.
c. Any other personal need requiring a leave during working hours when approved by the City Manager upon the recommendation of the Department Head or the Department’s authorized representative.

B. The employee must provide no less than two working days written notice for personal leave. Failure to provide such notice shall result in such leave to be taken without pay. The supervisor shall waive the two working 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 at the employee's discretion against any unused sick leave, vacation, 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 5.05 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee shall be granted three working days (as defined by the employee's regularly scheduled workday) paid bereavement leave. Immediate family for this provision is defined as spouse, children, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in-law, father-in-law, stepfather, stepmother and stepchildren or any person who the employee has been assigned legal custody, or others required by Family Code Section 297 or successor legislation. Such bereavement leave shall not be charged against the employee's sick leave, vacation or accrued compensatory time.

B. A maximum of five working days (as defined by the employee's regularly scheduled workday) paid bereavement leave shall be granted if there is a death in the immediate family (as defined in Section

5.05(A)) outside the State boundaries. Such bereavement leave shall not be charged against the employee's sick leave, vacation or accrued compensatory time.

C. The employee shall be granted one working day (as defined by the employee's regularly scheduled workday) paid personal leave to attend the funeral of a close relative not in the employee's immediate family. A close relative is defined as an individual outside of the immediate family as defined in Section

5.05(A), who is an aunt, uncle, or cousin.

D. City employees may be excused by Department Heads to attend the funeral of deceased City employees without loss of pay.

E. 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.

F. In the event the employee requires additional time, three working days (as defined by the employee's regularly scheduled workday) of sick leave may be utilized for bereavement leave provided the employee has sufficient sick leave available. If the employee has no sick leave available, the additional three working days shall be taken without pay, or charged against the employee's vacation or compensatory time.

Section 5.06 Family Medical Leaves
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A. Maternity, Paternity, and Family Care Leave shall be granted for up to 12 weeks in accordance with the California Family Rights Act of 1991 and the Family Medical Leave Act of 1993 and interpreted regulations for those respective statutes.

B. Female employees may also be eligible for up to 4 months of medical leave pursuant to California Pregnancy Disability Act. Pregnancy Disability Leave shall run concurrently with any approved Family Medical Leave Act (FMLA) leave.

C. Certification by the employee’s physician shall be required recommending the effective day of the employee’s absence, and a full authorization to return to work upon completion of the leave D. Subject to such employee’s qualifications to perform the work, the employee shall be reinstated to the same classification she would have had prior to the maternity leave of absence.

E. The employee may utilize up to six weeks of paid sick leave for leaves of absence that fall under the guidelines of FMLA and CFRA. This paid sick leave may be in addition to any unpaid leave, which may be granted under the provisions of FMLA and CFRA. This sick leave shall be used prior to utilizing the unpaid leave provisions of applicable federal and state laws.

F. 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 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 or workers’ compensation payments.

Section 5.07 Catastrophic Leave
A. The City agrees to permit employees within the bargaining unit to contribute a portion of their accrued vacation, sick, and compensatory leave to another employee when such employee has suffered a catastrophic injury or illness.

B. The City also agrees to permit employees to contribute a portion of their accrued vacation and/or compensatory time to another employee when such employee is on an approved leave of absence due to the verifiable catastrophic injury or illness of the employee’s spouse, domestic partner, parent, or child.

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

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 the employee’s 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 for over 40 hours due to the illness or injury. A statement from the employee’s or family member’s treating physician is required.

4. The receiving employee has exhausted all sick, vacation, and compensatory time, and is therefore facing financial hardship. 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).

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. 124
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6. The contributing employee must have at least 96 hours of sick leave remaining after such contribution. The leave application rate shall be based on the contributing employee’s pay rate computed into a dollar value, which shall be adjusted proportionally to the receiving employee’s rate.

7. The transfers must be in whole hour increments. Donations shall be transferred in accordance with the recipient's needs.

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

9. Transfers shall be made on a form prescribed by the Human Resources Department .

Section 5.08 Jury Duty
In the event any employee is 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 their regular duties. The employee must notify their supervisor of their summons upon receipt and provide the date summoned. If the employee is selected to serve on a jury, the employee must notify their supervisor of the approximate time frame that will be served.

If an employee is called for jury duty, but not selected or otherwise released early, the employee shall immediately contact their supervisor to report their release from jury duty. The employee must return to work upon release from jury duty. The employee is not required to return to work if the reasonable amount of time required for the employee to travel from the court location, or to change into work attire, would make it impossible for the employee to arrive to work with at least two hours remaining on the employee’s scheduled work shift. In the event of an emergency situation, the supervisor may direct the employee back to work with less than two hours remaining on the employee’s scheduled work shift. With prior approval from the employee’s supervisor and if operational necessity permits, employees who would otherwise be required to return to work, may elect to use vacation or compensatory leave form the employee’s accrued “leave bank.”

Employees working the night shift shall have their scheduled temporarily changed to day shift for the period they are summoned, but otherwise are bound to the same reporting provisions.

Any fees for the performance of such service, excepting mileage or subsistence allowances, shall be remitted to the City. Upon return from jury duty, the employee shall present a certificate of service to their department.

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

Section 5.09 Paid Parental Leave

A. Each employee shall be granted a paid parental leave of absence not to exceed forty (40) hours per calendar year upon the birth or adoption of the employee’s child or children. Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption date and is subject to the department’s established time off or leave of absence approval procedures. Such paid parental leave shall not be charged against the employee's sick leave, vacation leave, or accrued compensatory time.

B. The employee may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children and/or the employee's relationship to the child or children.

C. Paid Parental Leave will be considered as qualifying leave under the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) and shall run concurrently with an entitled unpaid Family Leave 125
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(provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statues.

D. Individuals subject to their initial probation period with the City of Ontario shall be required to complete a full duty on-the job probationary period as outlined in Section 2.01.

Article 6. BENEFITS
Section 6.01 Health Insurance Contribution
A. Health Insurance Contribution

The City shall contribute up to a maximum of $206.14 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 and retired employees who choose to enroll in the City’s medical plan.

B. Retiree Supplemental Medical Insurance Contribution

Employees who retire from the City of Ontario on or after the ratification of this agreement, are actively enrolled in a CalPERS medical plan, have enrolled in the Retiree Medical Reimbursement Plan and are reflected on the monthly CalPERS medical billing shall receive a Retiree S upplemental Medical Insurance contribution of $50 per month in addition to the Health Insurance Contribution referenced in Section 6.01(A). The Retiree S upplemental Medical Insurance contribution shall increase to $55 per month, effective July 2018. The Retiree Supplemental Medical Insurance contribution shall increase to $60 per month effective July 2019.

Retirees who opt out of enrollment in the City medical plan will not receive the City’s Health Insurance contribution or the Retiree Supplemental Medical Insurance contribution.

C. Retirement Health Savings Plan
The Union and the City have agreed to explore options for implementing a tax deferred Retirement Health Savings Plan to assist employee’s savings for their post -employment health care needs. Begin discussion in July 2021 and both parties will make reasonable effort to move this to implementation.

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 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, depending on the level of coverage selected by the employee using the CalPERS Rate Sheet for the Kaiser Plans for the Los Angeles Area Region.

An Eligible Employee who enrolls in any City-offered health plan will receive the City Contribution for the Kaiser Plan for the equivalent tier in which the employee enrolled.

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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 selec ted coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash.

If payments for the individual employee’s selected benefits exceed the City Contribution, the balance will be paid by salary deductions from the pay of the individual employee.

D. Cash-in-Lieu Option: An Eligible Employee will be eligible to receive cash-in-lieu of $390.00 per month 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 of $35 per month. Employees who enroll in a City dental plan that costs less than the City’s $35 employer contribution may receive the excess amount in cash. Employees who do not enroll in the City dental plan will not receive the $35 employer contribution for dental premiums or cash.

F. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution equal to the actual employee-only plan premium, which shall be applied to employee coverage.

G. Eligible Employee Requirements

1. Employees must be regular 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 6.01, unless the employee is receiving disability benefits. Paid status includes hours paid for regular work time, compensatory time off, vacation leave, bereavement leave, sick leave, jury duty leave, personal leave, paid military leave, disciplinary leave and paid holidays . The City will continue its cafeteria plan and health insurance contribution for a leave of abs ence due to the employees own illness or injury not to exceed a total of 26 consecutive pay periods.

2. If the leave of absence is not consecutive, the continuation of the contribution toward cafeteria plan benefits shall not exceed 26 pay periods total in an 18-month period.

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 or workers’ compensation payments.

H. Excess Cafeteria Plan Benefit Contributions

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Any Cafeteria Plan Benefit Contributions not required to pay toward premiums shall be paid to the employee in taxable compensation.

I. Disability

The City shall pay 100% of the premium toward the City’s Disability Insurance Program for employees.

J. Life and Accident Insurance

The City shall pay a monthly life and accidental death and dismemberment insurance premium providing $50,000 basic life insurance and $50,000 accidental death and dismemberment insurance for each unit employee.

Section 6.03 Insurance Committee
The City agrees to continue the insurance committee that shall have a representative designated by the Union as one of its members. This committee shall have the responsibility to review the coverage in the appropriate insurance programs; to represent an employee who has a question to the company; and assist in the drafting of specifications.

The committee shall be composed of one representative from the recognized employee units and one representa- tive appointed by the City Manager. The Assistant City Manager shall be an ex -officio member of the committee and entitled to attend all meetings. The committee or any of its members may invite other individuals to participate as resource people whenever the need arises and prior notification is provided the committee chair.

Section 6.04 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 and vision expenses, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 6.05 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 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.

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. 128
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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.

C. Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System for retirement benefits 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 Industrial Disability

5. Section 21548 – Pre-Retirement Optional Settlement Death Benefit Section 6.06 Deferred Compensation
The City will contribute $45 per month to the Section 401(a) money purchase plan for all unit employees. Effective July 13, 2025, the City’s contribution to the Section 4.01(a) money purchase plan shall increase to $100 per month.

Employees may voluntarily participate in and contribute to the Section 457(b) deferred compensation plan in accordance with the plan provisions.

Section 6.07 Uniforms
A. The City will provide a specified number of uniforms, including a jacket, for each employee required to wear a uniform. The number and type of uniforms will be determined by the City for each classification, job assignments, and work schedule. Management agrees to consult with a Union committee on the color, selection, and number of uniforms. The final decision on all uniforms, however, shall remain with the Agency Head.

B. Employees who are required to wear safety shoes shal l be reimbursed up to $150 200 per fiscal year for such shoes. Effective July 1, 20251 , employees who are required to wear safety s hoes shall be reimbursed up to $32 00 per fiscal year for such shoes. The shoes shall meet ASTM or other industry - approved standards appropriate for the employee’s work assignment and classification, as determined by the Agency/Department Head and Human Resources DirectorExecutive Director Human Resources / Risk Management.

C. City employees required to wear uniforms may, at their own expense, wear the following substitute apparel:
a. A cotton T-shirt with a style and color approved by the Agency Head. b. Cotton pants closely approximating in color the polyester pants provided by the City. c. All optional uniform apparel shall be subject to review and approval by supervisory management personnel.

D. The City shall not permit payroll deductions for the purposes of purchasing uniform apparel.

E. The City will report for “classic” employees the monetary value of the City-provided uniforms to CalPERS as special compensation on a bi- weekly basis for Union employees who are required to wear uniforms 129
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pursuant to Section 6.06(A). The monetary value reported to CalPERS will be reviewed annually by the City based on the pricing for the rental and cleaning of uniforms in the contract between the City and the uniform vendor and will be adjusted accordingly when a change in the monetary value occurs.occurs.

The monetary value of required uniforms is not to exceed $8.10 per bi-weekly pay period, per employee.

Section 6.08 Employee Assistance Program
A. The City agrees to continue the employee assistance program for all employees represented by the Union.

Confidentiality
B. The parties agree that the EAP cannot be successful without absolute confidentiality regarding employee/family utilization of the program. Confidentiality shall be maintained in full compliance with State and Federal regulations.

Section 6.09 Meals During Emergency Work Situations During emergency overtime situations, which extend over a period of four hours, the City shall make every effort to allow time for meals. If the emergency conditions or the location of the work site prevent the employees from leaving the work site for an adequate period of time, then meals shall be provided for the employees at City expense.

Section 6.10 Use of Electrical Service Vehicle
The City agrees to permit the current Senior Electrician and the current Electrician to drive the electrical service vehicle to and from their respective place of residence to the work site in order to facilitate the availability of said vehicle, tools and other essential equipment which may be required in the event of an emergency or work situation requiring the services of an electrician outside of normal work hours.

The Union and the specified employees agree and recognize that this privilege is granted solely for the convenience of the affected employees and not out of a necessity or by requirement of the City. The granting of this privilege shall not entitle the affected employees to additional compensation.

The City reserves the right to establish such rules and conditions as it determines necessary, and further, the City reserves the right to unilaterally revoke this privilege if and when, in the judgment of the City Manager, this privilege is not in the best interest of the City.

Section 6.11 Tool Replacement
It is understood and agreed that employees in the following classifications are required, as a condition of employment, to provide their own basic tools: Equipment Services Technician, Equipment Mechanic, Senior Equipment Mechanic, Fire Equipment Mechanic, Senior Fire Equipment Mechanic, Helicopter Mechanic, and Senior Helicopter Mechanic. Such tools may be determined by the City to be taxable property and therefore the possibility exists that the City may impose an assessment. Should this occur the City agrees to assume any such tax up to the value of five thousand dollars ($5,000.00). It is also understood that the City's acquisition of new automotive or aeronautical equipment may require the employees to purchase new tools for the purpose of servicing such equipment. The City therefore agrees to provide new tools that are required as a result of the introduction of new automotive or aeronautical equipment into the City's fleet. Such tools shall be assigned to, and shall become the responsibility of the affected employees. Upon termination of employment with the City, the employee shall return all such assigned tools. The current policy of "fair wear and tear" and tool discount program shall remain in effect.

Section 6.12 Tuition Reimbursement
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A. To provide encouragement for all unit employees to continue educational and career 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. Regular, full-time employees, that have successfully completed their initial probationary period are eligible.

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

The employee shall provide a written explanation regarding how the cours e i s related to and support their department or agency operations.

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

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

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 to the Human Resources Department within 60 calendar days after completion of the course.

9. The maximum reimbursement amount paid to an eligible employee shall not exceed $1, 000 each calendar year. Subject to city-wide budget limitations.

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 Resourc es 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.

Section 6.13 Commercial Driver’s Licenses
The following provisions only apply to employees whose job classifications require them to obtain and maintain a commercial driver’s license (Class A or Class B).

A. Employees who obtain or renew a commercial driver’s license will be reimbursed by the City for the difference between the commercial driver’s license fee and the Class C driver’s license fee.

B. Employees will be allowed to complete the Department of Motor Vehicles commercial driver’s license process (DMV license exam and Department of Transportation medical certification appointments) during regularly scheduled working hours on City-paid time under the following conditions:

1. DMV and medical certification appointments will be scheduled with the intent to minimize operational impact, such as at the end of the work shift.

2. Employees will complete their medical certification exams at the City-provided clinic. 131
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3. Employees will be required to obtain prior approval from their supervisor and shall submit a proof of attendance at appointments to their supervisor.

C. E mployees who choose to complete their medical certification exams with their personal doctor will do so on their own time and at their own expense; City-paid time will not be provided in such instances.

Article 7. DISCIPLINARY PROCEDURE
Section 7.01 Due Process and Employee Representation A. The City shall afford regular employees the procedural due process safeguards as set out in the published decisions of the California courts.

B. An employee shall have the right of Union representation when the employee reasonably anticipates that such 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. Prior to any such meetings, an employee’s waiver of the right to representation shall be documented in writing.

C. If the employee requests, an employee shall be permitted to have a union representative present when a manager/supervisor is discussing a Performance Improvement Plan with the employee.

D. Where specific misconduct is stated as the cause for City employment termination of an employee, who has regular status, upon written request made by the employee prior to the effective date of the termination, the employee is entitled to a hearing.

E. The City shall strive to keep an employee who is the subject of an ongoing investigation reasonably informed regarding the status of the investigation every 90 days provided that such information does not interfere with the nature of the investigation.

Section 7.02 Discipline
A. The following disciplinary procedure must be used for all serious disciplinary actions involving regular full time employees BEFORE the actions go into effect. Basically, the disciplinary procedure provides that:

1. The employee shall receive advance notice of the proposed disciplinary action 10 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:
a. The specific grounds, particular facts, reason and charges upon which the proposed action is based;
b. Any materials, reports, or documents upon which the action is based.

2. The employee and/or Business Agent shall receive notice of the reason for the administrative leave no later than eighty (80) hours after being placed on administrative leave, unless the employee is involved in an administrative investigation. If the employee is placed on administrative leave pending an administrative investigation, the employee will receive notice regarding the nature of the investigation prior to the administrative interview. The administrative interview will be conducted 132
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within a reasonable amount of time.

3. The employee shall have the right to respond to the proposed disciplinary action, orally or in writing, and shall have such responses considered by an independent reviewer of the proposed action.

Such review 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.

4. Following the review of the proposed action, the Executive Director Human Resources Director / Risk Management shall serve on the employee, by personal email (if available), registered mail or personal delivery, a statement informing 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.

5. T
he employee shall have 14 calendar days to file an appeal with the Executive Director Human Resources Director / Risk ManagementHuman Resources Director.

6. Appeal Hearings:
a. Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section

7.02(A)(6)), 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 schedule the Hearing within 30 days after receiving the written materials.

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. Such closing statements must be submitted within 15 calendar days after completion of the Hearing. 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 to review must be made in writing to the Executive Director Human Resources Director / Risk Management Human Resources Director within 30 calendar days after receipt of the Hearing Officer’s 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.
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f. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, the appeal will be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

7. 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.

Section 7.03 Exceptions
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 if the Employee’s conduct imperils the safety or welfare of the public, other employees, or said employee (i.e., drunkenness, violence, gross insubordination).

Section 7.04 Progressive Discipline
The City shall use the principles of progressive discipline, except in cases that are referred to in Section 7.03 of this Article.

Article 8. GRIEVANCE PROCEDURE
Section 8.01 Definitions
A. Complaint - The term "complaint" as used in this Article shall refer to a concern of an employee, which arises from the application of a term of this MOU, existing City Rule(s), Regulation(s) or written policy(s) regarding hours, wages and conditions of employment.

B. G
rievance - The term "grievance" as used in this Article refers to a written allegation that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this MOU, existing City Rule, Regulation(s) or written policy(s) regarding hours, wages and conditions of employment.

C. G
rievant – The term “grievant” as used in this Article refers to a regular or probationary employee or the Union (recognized as the exclusive representative for unit employees) that alleges in a grievance that the employee has been directly wronged by a violation of a specific term of this MOU, existing City Rule, Regulation(s) or written policy(s) regarding hours, wages and terms and conditions of employment.

D. I mmediate Supervisor - The term "immediate supervisor" as used in this Article refers to the appropriate non-bargaining unit supervisory or management person to whom the employee is accountable.

E. R epresentative - The term "representative" as used in this Article shall be an employee or representative of the Union who at the grievant's request may be present at Levels I through IV.

F. R espond and File - The terms "respond" and "file" as used in this MOU refer to personal delivery or deposit in the U.S. mail, postage prepaid or via personal email if available. If mail delivery is used, it shall be by certified, return receipt requested mail and the certified receipt date shall establish the date of response or filing. If personal delivery or email delivery is used, the calendar date of delivery shall establish the date of response or filing.

Section 8.02 Union Grievance
Grievances filed by the Union shall be filed directly in writing with the Executive Director Human Resources Director / Risk ManagementHuman Resources Director . The Executive Director Human Resources Director / Risk Management Human Resources Director shall respond within 30 calendar days after receiving the grievance from 134
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the Union. If the response from the Executive Director Human Resources Director / Risk Management Human Resources Director is not accepted or if no response is received from the Executive Director Human Resources Director / Risk ManagementHuman Resources Director, then the Union may file a Level IV grievance for review by the City Manager. The Union’s Level IV grievance review shall be filed within fourteen calendar days after receiving the response from the Executive Director Human Resources Director / Risk Management Human Resources Director or expiration of the 30 calendar day response period. The procedures for Level IV and Level V grievance reviews shall apply to such Union grievances.

Section 8.03 Level I - Informal
A. An employee and/or employee's representative with the employee's consent shall have the right to present a complaint and to have the complaint heard by the immediate supervisor no later than ten working days after the event giving rise to the complaint, or no later than ten working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

B. The employee and/or employee representative with the employee's consent, whenever possible, shall attempt to resolve the complaint informally with the immediate supervisor.

C. The immediate supervisor shall provide an answer to the employee no later than ten working days after the Level I meeting.

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

Section 8.04 Level II – Formal
A. If the complaint is not resolved through Level I informal discussions, the employee and/or employee representative with the employee's consent may file a Level II grievance with the Department Head ( or highest level manager if no Department Head Level exists) no later than ten working days after the response of the immediate supervisor at Level I. The grievant shall state the following clearly and concisely on a grievance form provided by the City: (Appendix B)

1. the specific term(s) of the MOU, City Rule, Regulation or written policy regarding hours, wages and conditions of employment have been violated;

2. the action grieved, including names, dates, places and times and how it violated a specific term(s) of this MOU, City Rule, Regulation or written policy regarding hours, wages and c onditions of employment;

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 (or highest level manager if not Department Head l evel exists) shall hold a meeting with the grievant and/or the grievant's designated representative at the grievant's request, at a mutually acceptable time and location no later than ten working days after the receipt of the grievance.

The Department Head ( or highest-level manager if no Department Head Level exists) shall respond in writing to the grievant within ten working days of the Level II meeting. The response shall be accompanied by the original grievance and accompanying documentation.

Section 8.05 Level III
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A. In the event the grievance is not settled at Level II, the grievant and/or grievant's representative with the grievant's consent may file the Level III grievance with the Agency Head (Department Head if no Agency Level) no later than ten working days after the Level II response. The grievant shall include with the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory. The Agency Head (Department Head if no Agency Level) shall hold a meeting with the grievant and/or grievant's representative at a mutually acceptable time and location. The Agency Head (Department Head if no Agency Level) shall respond to the grievant no later than ten working days after the receipt of the Level III grievance. The response shall be accompanied by the original grievance and accompanying documentation.

B. The grievant shall present at Level III all issues and written evidence known or which could have been reasonably known.

C. Amendments and/or modifications to the grievance shall not be made by the grievant after the Level III filing date, except by mutual agreement.

Section 8.06 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 ten working days after the receipt of the Level III response.

B. The grievant or the grievant's representative with the grievant's consent, or the City Manager or the City Manager’s designee (acting with the full authority of the City Manager) may request to meet with the other party at a mutually acceptable time and location within ten 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 ten working days after the meeting or 20 working days after receipt of the grievance at Level IV. The response shall be accompanied by the original grievance and accompanying documentation.

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

Section 8.07 Level V – Arbitration
A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association.

B. The arbitrator shall be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association.

C. The cost of any arbitration proceeding shall be divided equally between the City and whoever has filed for arbitration.

D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. Any cancellation or postponement fee shall be borne by the responsible party.

E. A final decision of award of the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council. Either party shall be given the opportunity to submit their arguments before the City Council with regard to the Arbitrator's "Findings of Fact," prior to such approval.
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F. The cost of the arbitration, including advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. 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 MOU, City Rule, Regulation, written policy regarding hours, wages and conditions of employment.

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

Section 8.08 General Provisions
A. Failure of the grievant to comply with the time limitations of this Article shall render the grievance null and void. Failure by the City Representative to timely respond under this Article shall permit the grievance to be filed at the next level, with notification submitted to the Human Resources Department.

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

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

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

E. Employees shall be granted release time not to exceed one hour for the purpose of discussing a potential grievance with their representative or preparing for 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 shall not interfere with department operations.

F. The City may consolidate at any level grievances on similar issues with the agreement of the Union.

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

H. A grievant may withdraw a grievance at any time. Upon withdrawal the grievant shall not file any subsequent grievance on that particular alleged incident.

I. Once the arbitration process has begun, all other remedies shall be waived except as provided by statute. A grievance may be expedited to arbitration by mutual consent of the parties.

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

K. In the event a grievant elects to represent themselves or is represented by other than provided by the Union, the grievant shall, in writing, notify the Union and the City of such decision. The Union shall b e notified by the City of the nature, proposed solution and the resolution of the grievance. The names of employees and confidential information shall not be disclosed. Notification of the Union shall be made within one workweek following the final conclusion of the grievance.

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

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

N. The City agrees to permit an employee and the designated Union Steward to consult concerning a potential grievance subject to obtaining approval from the employee’s first line supervisor. The Union 137
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agrees that this privilege shall not be utilized to prepare Level I grievances during working hours, but to simply consult with an employee and/or supervisor in order to avoid the necessity of processing a formal grievance, or to set an appointment between the Union Steward and the employee after working hours for the preparation of a legitimate grievance. The City agrees to encourage cooperation with the Union Stewards and employees in this regard, provided that the City shall not permit the effective and/or efficient operation of the City to be interfered with. The City retains the right to revoke this privilege at any time, provided that prior to taking any such action, the City agrees to consult with the Union in order to avoid the necessity of exercising this right.

O. 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 group filing the grievance.

Article 9. REPRESENTATION
Section 9.01 AFSCME Deductions
A. Legislative Authority

The parties mutually understand and agree that pursuant to Government Code Section 3502.5, all unit employees represented by American Federation of State, County and Municipal Employees, Council 36, Local 3061 (hereinafter “Union”) have the right to join or not join the Union.

B. Administration

1. Dues deductions shall be in a uniform amount for all employees. The City shall also deduct an additional voluntary contribution for the AFSCME PEOPLE program, in one uniform flat dollar amount, for each employee that authorizes the deduction in writing. The City shall not deduct any pay for initiation fees, fines or any other special assessments. The effective date of the Union dues, service fee, or charitable contribution shall begin no later than the first full pay period after receipt of the appropriate documentation.

2. Any change in the amount deducted shall be by written authorization from the Union. Notification of any modifications to deduction amounts shall be received by the City not less than 10 calendar days prior to the effective date. Deduction modifications shall be effective the following paycheck.

Dues and other authorized deductions withheld by the City shall be transmitted each pay period to the officer designated by the Union in writing and via email at the address specified in the letter of authorization.

3. The employee's earnings must be sufficient, after other l egal and required deductions (including health care and insurance deductions ) are made, to cover the amount of the dues or service fees and other authorized deductions. When a member in good standing of the Union is in non- pay status for an entire pay period, no dues or other authorized deductions shall be made to cover that period from future earnings. In the case of an employee who is in a non- pay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, a partial deduction shall be made provided that all other legal and required deductions have been made.

Section 9.02 Maintenance of Membership
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All current employees who are members of the bargaining unit prior to the effective date of this agreement or become members during the life of this agreement shall remain as members in good standing of said Union for the duration of this MOU.

Section 9.03 Records
A. The City shall provide via email the President of the Union and Union Representative a monthly list of all employees in the bargaining unit, including the employee's classification title, base compensation , seniority date within classification, work location, hire date, home address, personal email address (if available) and personal cell phone (if available).

B. The City shall provide, on a monthly basis via email the President of the Union and Union Representative, copies of invoices and claim forms relative to contractual temporary labor performing Union bargaining unit work in the Public Works Agency. Additionally, a listing of City temporary employees will be provided to the Union on a monthly basis.

C. The Union shall keep an adequate itemized record of its financial transactions and shall upon written request provide annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of an annual balance sheet and an operating statement, certified as to accuracy by its president and treasurer or accountant.

Section 9.04 Indemnification
The Union shall indemnify, defend, and hold the City of Ontario harmless against any claims made, and against any suit instituted against the City of Ontario on account of check off of employee organization deductions. In addition, the Union shall refund to the City of Ontario any amounts paid to it in error, upon presentation of supporting evidence.

Section 9.05 Union Stewards
Employees selected by the Union to act as Union representatives shall be known as "Stewards." The name of employees selected as Stewards, and the names of other Union representatives who may represent employees shall be certified in writing to the Executive Director Human Resources Director / Risk Management Human Resources Director by the local Union.

Section 9.06 Release Time
A. An employee who serves as a steward or Union Executive Board Officer may be granted leave of absence from the City without pay for a period of four (4) days to six (6) months to attend conferences, conventions, or special training schools or perform other Union business. Such leave shall be for a period of four (4) days to six (6) months for not more than four (4) employees at a time. Each eligible employee may take two (2) leaves per year, not to exceed a total of six (6) months. Such requests shall be made at least seven (7) days prior to the start date. The City may deny such leave based on operational considerations.

B. This leave of absence shall be governed by the conditions for leaves of absence as outlined in Rule X, of the Personnel Rules and Regulations. This leave shall not constitute a break in service leaving seniority rights unimpaired.

C. With prior notification to the supervisor, of no less than one week, one Union Steward per Department employed by the City of Ontario shall be entitled to attend monthly general membership meetings, not to exceed 12 per calendar year and special meetings, not to exceed 1 per calendar year without loss of pay.

D. In lieu of section C, up to seven (7) Union Executive Board Officers shall be released up to one hour each month to attend Executive Board meetings.
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E. The Union expressly recognizes that the City reserves the right to unilaterally discontinue this program at any time. However, the City agrees that prior to taking such action, the City shall meet and consult with representatives of the Union, the nature of the intended action. Such action shall not be arbitrary or used to interfere with lawful Union activities.

F. Bank of Hours

In order to ensure the City maintains control over public resources, a designee of AFSCME will notify Management in advance in writing of the need to release an employee and confirm the employee has been released. The Union shall provide advance notice no less than 48 hours prior to the commencement of union release time.

AFSCME shall designate employees and notify Management in advance in writing when a Released Employee is designated by the Union. Permission to leave official duties (City work assignment) will be granted unless the absence would cause an undue interruption of work. If such permission cannot be granted promptly, the Union will be informed when time can be made available.

G. Union Vacation Leave

1. The City agrees to provide release time in addition to Sections 9.06(A) through 9.06 (D) for employees for the purpose of conducting authorized Union business through leave deductions of employees. The amount of Union Vacation Leave shall be 2 hours per year times the number of contributing employees.

2. To fund this program, the Vacation Leave accruals for each employee shall be reduced each year by 2 hours the first full pay period in February. The City will notify the Union regarding how many hours were deducted. If an employee does not have Vacation Leave to deduct, the Union will not receive credit for those hours. If the Union Vacation Leave balance at the beginning of the first full pay period in February is 700 hours or greater, then the vacation leave accruals will not be reduced for any employee for that year.

3. Employees authorized to utilize hours of Union Vacation Leave are members of the Executive Board to perform Union business in support of AFSCME members. Employees using Union Vacation Leave are subject to the departmental leave procedures. This time shall be used in a manner that does not disrupt the operations of the Department or Agency as determined by the Agency Head or their designee.

4. Union Vacation Leave shall not be used for any actions in conflict with Section 10.04, P eaceful Performance of City Services or California Labor Code 1962.

5. Any time used shall be documented and tracked using procedures determined by the City.

6. The Union will provide the names of the Union’s Executive Board Officers to the Human Resources Agency, in writing, by January 1st of each year and at any time there is a change in the Board Officers.

Section 9.07 Access to Work Location

A. Access to employee work locations shall be granted officers/stewards of the Union and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such persons shall not enter any work location without the consent of the Department Head, the Department Head’s designee or the Executive Director Human Resources Director / Risk ManagementHuman Resources Director. 140
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B. Access shall only be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements. Such restrictions shall not be arbitrary or used to interfere with lawful Union activity.

C. Activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be permitted during working hours.

Section 9.08 Shift Changes For Union Meetings
All night shift union stewards have the option, subject to formal approval of the supervisor, to switch to a day shift, once per month, in order to attend union meetings. The night shift steward shall notify the supervisor at least one week in advance of the intended switch to a day shift for one working day.

Section 9.09 Union/Management Meetings
A. If either the Union or City feels that a need exists to meet, the Department Head and/or Agency Head and the Union- designated Steward(s) and/or Union Executive Board Member(s ) agree to meet once a month for a maximum of one hour, in an effort to strengthen and improve the working relationships between management, supervisory personnel, employees, and the Union. The subject of the meeting may include but is not limited to, the clarification of rules, regulations, and policies of the City; improved communication; the elimination of rumors and pressures which are detrimental to employee morale and the employer-employee relationship; the encouragement of joint solutions to problems of mutual concern; the strengthening and improvement of the use of existing and agreed upon procedures which serve to protect mutual interests.

B. Either party may contact the other when a meeting is desired in order to set a mutually agreeable date.

An agenda shall be submitted to each party 48 hours prior to the meeting. The agenda shall include a brief discussion of each item to be discussed.

C. General Guidelines for these meetings shall be as follows:

1. It is not the intent of these meetings to serve as a substitute for other specific administrative, judicial, or quasi-judicial agencies.

2. No grievances being processed under another part of this MOU shall be discussed and no bargaining shall take place.

3. Topics that could lead to grievances may be discussed.

4. Each topic shall be discussed fully and action reached before proceeding to another topic. Topics requiring further study may be tabled. When mutually satisfactory decisions are not reached, the parties may pursue such topics in any other manner that is lawful.

5. Only those topics on the agenda shall be discussed unless it is an emergency item, which may be added by mutual consent.

Section 9.10 Bulletin Boards
A. The City agrees to provide reasonable space on the following Bulletin Boards for Union notices:

Department

Location
Utilities
Solid Waste
Fleet Services
Utilities Bulletin Board
Solid Waste Bulletin Board
Fleet Services Board
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B. No City equipment shall be used to reproduce materials posted on the bulletin boards. Union representatives may only remove postings by the Union.

C. It is understood and agreed that the space provided on the bulletin boards for Union use shall be only for the posting of formal notices of meetings, news bulletins, agendas and minutes, information concerning AFSCME elections or the results thereof ; AFSCME recreational and related social events ;names of representatives and officers of the Union. The bulletin boards shall not be used for posting or distributing literature concerning candidates for public office.

D. All material posted by the Union shall be identified as Union material or must be signed by a Union representative whose name is on file with the Human Resources Department. A copy shall be sent to the Executive Director Human Resources Director / Risk Management Human Resources Director prior to the posting.

Section 9.11 New Employee Orientation
Proving there are new employees, the City typically conducts orientation weekly. Once per quarter of the calendar year, the City shall release new unit members to attend an orientation session with the Union. During this orientation session, the Union will be allowed up to one (1) hour to meet with new Unit members and to explain the rights and benefits under this memorandum of understanding. The Union 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.

Article 10. G ENERAL PROVISIONS
Section 10.01 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) shall be based on documentation within such file.

B. Employees, during City Hall business hours with advance notice to Human Resources , have the right to have access to and copies of any document in the physical version of their official personnel file. The employee must coordinate the time required to review their file with their supervisor. 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 software provider during reasonable periods for maintenance and/or required updates.

D. Adverse statements prepared by the Employer shall not be included in such official personnel file unless a copy or online access to is provided to the employee. An employee shall have the right to respond in writing or personal interview to any information contained in their personnel file. Such a reply shall be filed with the original document and will remain in the personnel file so long as the adverse statement(s) are in said file.

Parks and Maintenance Parks Bulletin Board
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Section 10.02 Safety Program
A. The City and the Union agree and recognize that there exist, Federal and State Safety rules, regulations and laws to assure safe working conditions.

1. The City recognizes that it has an obligation to provide a safe place of employment for all employees, including a duty to provide and utilize safety devices and safeguards which are reasonably necessary and adequate to render the place of employment and the employment itself reasonably safe.

2. The Union recognizes that in order to fulfill such obligations, the City has the right, as well as the obligation to establish and enforce such reasonable rules concerning the place of employment, safety devices and safeguards, as may be necessary to render the place of employment and the employment itself reasonably safe.

3. The Union and the City further recognize that it is the obligation and the duty of each employee to observe and otherwise comply with rules and regulations established by the City to render the place of employment and the employment itself reasonably safe.

B. The City and Union agree that the Safe Work Practices Group (SWPG) will include an equal number of management employees and AFSCME designated employee representatives. A representative from the Human Resources / Risk Management Department and the Agency designated Safety Coordinator shall facilitate the meetings and prepare meeting agendas. The purpose of the SWPG is to assist in the evaluation of safe work practices as part of the City’s safety program. The SWPG will meet monthly or quarterly, depending on need and perform the following functions:

• Review occupational accidents/injuries and submit recommendations to management for the prevention of future related incidents.
• In accordance with CalOSHA requirements, participate in and review results of periodic, scheduled worksite inspections to identify and evaluate hazards. • Discuss alleged hazardous conditions brought to the attention of any SWPG member. • Submit recommendations to Risk Management to assist in the evaluation of employee safety suggestions.

SWPG members shall receive training upon appointment to the Group regarding the Injury and Illness Prevention Program (IIPP) and their role as a member of the SWPG. Additionally, SW PG members shall receive periodic training/informational sessions on various workplace safety topics.

C. Employees may report safety concerns via the Safety Hazard Reporting Form available on the City’s Intranet click here. Employees may present the completed Form to their supervisor to forward to the Department Head. The Department Head shall forward the Form to the Risk Management. Reported safety concerns shall undergo a review process similar to that prescribed in Section 10.02(B). Such review may include the employee’s Department Head, the City’s Risk Management Division, and the SWPG for the employee’s area.

Section 10.03 Separability
If any article or section of this MOU 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 MOU, and all other provisions hereof shall continue in full force and effect.

Section 10.04 Peaceful Performance of City Services
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during the term of this agreement, which affects the performance of their assigned duties and responsibilities.

Section 10.05 Direct Deposit and Electronic Pay Advice
A. All employees hired, promoted or demoted into a represented classification on or after July 1, 2020 must make and maintain arrangements for the direct deposit of paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements will be made within one month of the date of their hire, promotion or demotion. In cases where an employee is unable to make arrangements for electronic fund transfer, the Director of Human Resources may allow an exception. Any exceptions granted may be reviewed periodically for continuation, subject to the approval of the Director of Human Resources.

B. Employees receiving a direct deposit of their paycheck will receive an electronic pay advice. 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 10.06 Failure to Maintain Driver’s License
Employees are required to obtain and maintain the minimum qualifications associated with the classification to which they are appointed, this includes possession of any required driver’s license. The employee must notify their supervisor no later than the next working day regarding any revocation, restriction or other changes to status of their driver’s license.

An employee whose driver’s license is unexpectedly revoked or restricted without a temporary replacement, may be placed on a thirty (30) calendar day leave subject to Human Resources and Department approval. During such leave the employee must use any accrued vacation or compensatory time.

If the employee fails to obtain the driver’s license during the 30 day leave, the employee may request to voluntarily demote in to a vacant position of equivalent or lower classification (at the same or lower salary scale) which does not require the licensing, from which the employee is excluded or does not possess, providing the employee meets the minimum qualifications to perform the duties. A new probationary period shall be completed unless a probationary period was successfully completed in such classification at an earlier time. If a position is not available which meets these guidelines, the employee will be subject to disciplinary action following the procedures outlined in Section 7. Discipline.

This section shall not apply to employees potentially requiring accommodation under ADA or FEHA.

Section 10.07 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 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 144 AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/2123– 06/30/2326

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 w hich the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

Section 10.08 Duration and Implementation
A. This agreement shall upon ratification by both parties, become effective July 1, 2021 2023 and remain in full force and effect up to and including July 1June 30, 20232026.

B. 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 AFSCME unit, then the members of the AFSCME 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 existing 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 June 30, 2023.

Article 11. F INAL SIGNATURES

CITY OF ONTARIO

Angela Lopez, Executive Director Human Resources/
Risk Management
Date Reuben Reyes, President Date

Darlene Sanchez, Assistant City Manager Date

145

APPENDIX A - SALARY GRADE TABLE
2023-2026 AFSCME MOU
July 3, 2023 July 14, 2024 July 13, 2025
Classification Step Monthly Rate Monthly Rate Monthly Rate Custodian 1 $3,549.87 $3,887.87 $4,199.87
2 $3,726.67 $4,082.00 $4,409.60
3 $3,913.87 $4,286.53 $4,629.73
4 $4,108.00 $4,499.73 $4,860.27
5 $4,312.53 $4,723.33 $5,101.20
Equipment Mechanic 1 $5,024.93 $5,503.33 $5,943.60
2 $5,279.73 $5,782.40 $6,245.20
3 $5,543.20 $6,070.13 $6,557.20
4 $5,818.80 $6,371.73 $6,883.07
5 $6,110.00 $6,690.67 $7,226.27
Equipment Service Technician 1 $4,550.00 $4,983.33 $5,382.00 2 $4,778.80 $5,232.93 $5,652.40
3 $5,012.80 $5,489.47 $5,929.73
4 $5,267.60 $5,768.53 $6,231.33
5 $5,529.33 $6,056.27 $6,541.60
Facilities Maintenance Technician 1 $4,730.27 $5,180.93 $5,596.93 2 $4,974.67 $5,447.87 $5,884.67
3 $5,217.33 $5,713.07 $6,170.67
4 $5,480.80 $6,002.53 $6,484.40
5 $5,751.20 $6,298.93 $6,803.33
Fiber Field Technician 1 $6,309.33 $6,909.07 $7,462.00
2 $6,623.07 $7,252.27 $7,832.93
3 $6,948.93 $7,609.33 $8,219.47
4 $7,300.80 $7,995.87 $8,637.20
5 $7,664.80 $8,394.53 $9,067.07
Fire Equipment Mechanic 1 $5,550.13 $6,078.80 $6,565.87 2 $5,827.47 $6,382.13 $6,893.47
3 $6,122.13 $6,704.53 $7,241.87
4 $6,427.20 $7,039.07 $7,602.40
5 $6,746.13 $7,387.47 $7,978.53
Helicopter Mechanic 1 $7,664.80 $8,394.53 $9,067.07
2 $8,046.13 $8,810.53 $9,516.00
3 $8,446.53 $9,249.07 $9,989.20
4 $8,869.47 $9,713.60 $10,491.87
5 $9,316.67 $10,202.40 $11,018.80
Integrated Waste Collector 1 $4,038.67 $4,423.47 $4,778.80 2 $4,238.00 $4,641.87 $5,014.53
3 $4,449.47 $4,872.40 $5,262.40
4 $4,673.07 $5,118.53 $5,529.33
5 $4,908.80 $5,376.80 $5,808.40
Integrated Waste Lead Collector 1 $5,231.20 $5,728.67 $6,188.00 2 $5,491.20 $6,012.93 $6,494.80
3 $5,766.80 $6,316.27 $6,822.40
4 $6,052.80 $6,628.27 $7,158.67
5 $6,352.67 $6,957.60 $7,515.73
Approximate Salaries*
*Actual rates will be calcuated by the City's payroll system. Page 1 of 4 146

APPENDIX A - SALARY GRADE TABLE
2023-2026 AFSCME MOU
July 3, 2023 July 14, 2024 July 13, 2025
Classification Step Monthly Rate Monthly Rate Monthly Rate Approximate Salaries*
Integrated Waste Maintenance Worker 1 $3,882.67 $4,251.87 $4,593.33 2 $4,075.07 $4,463.33 $4,820.40
3 $4,279.60 $4,686.93 $5,063.07
4 $4,491.07 $4,919.20 $5,314.40
5 $4,712.93 $5,161.87 $5,576.13
Inventory Assistant 1 $3,475.33 $3,806.40 $4,111.47
2 $3,650.40 $3,998.80 $4,319.47
3 $3,830.67 $4,194.67 $4,530.93
4 $4,023.07 $4,406.13 $4,759.73
5 $4,222.40 $4,624.53 $4,995.47
Irrigation Maintenance Technician 1 $5,231.20 $5,728.67 $6,188.00 2 $5,491.20 $6,012.93 $6,494.80
3 $5,766.80 $6,316.27 $6,822.40
4 $6,052.80 $6,628.27 $7,158.67
5 $6,352.67 $6,957.60 $7,515.73
Maintenance Worker 1 $3,882.67 $4,251.87 $4,593.33
2 $4,075.07 $4,463.33 $4,820.40
3 $4,279.60 $4,686.93 $5,063.07
4 $4,491.07 $4,919.20 $5,314.40
5 $4,712.93 $5,161.87 $5,576.13
Park Maintenance Technician 1 $4,730.27 $5,180.93 $5,596.93 2 $4,974.67 $5,447.87 $5,884.67
3 $5,217.33 $5,713.07 $6,170.67
4 $5,480.80 $6,002.53 $6,484.40
5 $5,751.20 $6,298.93 $6,803.33
Parts Specialist 1 $4,638.40 $5,080.40 $5,487.73
2 $4,868.93 $5,331.73 $5,759.87
3 $5,113.33 $5,600.40 $6,049.33
4 $5,369.87 $5,881.20 $6,352.67
5 $5,638.53 $6,175.87 $6,671.60
Senior Custodian 1 $4,288.27 $4,697.33 $5,073.47
2 $4,501.47 $4,929.60 $5,324.80
3 $4,723.33 $5,172.27 $5,586.53
4 $4,959.07 $5,430.53 $5,865.60
5 $5,208.67 $5,704.40 $6,162.00
Senior Electrician 1 $6,309.33 $6,909.07 $7,462.00
2 $6,623.07 $7,252.27 $7,832.93
3 $6,948.93 $7,609.33 $8,219.47
4 $7,300.80 $7,995.87 $8,637.20
5 $7,664.80 $8,394.53 $9,067.07
Senior Equipment Mechanic 1 $5,550.13 $6,078.80 $6,565.87 2 $5,827.47 $6,382.13 $6,893.47
3 $6,122.13 $6,704.53 $7,241.87
4 $6,427.20 $7,039.07 $7,602.40
5 $6,746.13 $7,387.47 $7,978.53
*Actual rates will be calcuated by the City's payroll system. Page 2 of 4 147

APPENDIX A - SALARY GRADE TABLE
2023-2026 AFSCME MOU
July 3, 2023 July 14, 2024 July 13, 2025
Classification Step Monthly Rate Monthly Rate Monthly Rate Approximate Salaries*
Senior Facilities Maintenance Technician 1 $5,231.20 $5,728.67 $6,188.00 2 $5,491.20 $6,012.93 $6,494.80
3 $5,766.80 $6,316.27 $6,822.40
4 $6,052.80 $6,628.27 $7,158.67
5 $6,352.67 $6,957.60 $7,515.73
Senior Fire Equipment Mechanic 1 $6,132.53 $6,716.67 $7,254.00 2 $6,439.33 $7,051.20 $7,616.27
3 $6,760.00 $7,403.07 $7,995.87
4 $7,099.73 $7,775.73 $8,398.00
5 $7,451.60 $8,160.53 $8,814.00
Senior Helicopter Mechanic 1 $8,467.33 $9,273.33 $10,015.20 2 $8,890.27 $9,736.13 $10,516.13
3 $9,335.73 $10,223.20 $11,041.33
4 $9,803.73 $10,736.27 $11,596.00
5 $10,292.53 $11,271.87 $12,174.93
Senior Integrated Waste Collector 1 $4,461.60 $4,886.27 $5,278.00 2 $4,686.93 $5,132.40 $5,543.20
3 $4,919.20 $5,387.20 $5,818.80
4 $5,161.87 $5,652.40 $6,104.80
5 $5,420.13 $5,936.67 $6,411.60
Senior Park Maintenance Technician 1 $5,231.20 $5,728.67 $6,188.00 2 $5,491.20 $6,012.93 $6,494.80
3 $5,766.80 $6,316.27 $6,822.40
4 $6,052.80 $6,628.27 $7,158.67
5 $6,352.67 $6,957.60 $7,515.73
Senior Park Maintenance Worker 1 $4,288.27 $4,697.33 $5,073.47 2 $4,501.47 $4,929.60 $5,324.80
3 $4,723.33 $5,172.27 $5,586.53
4 $4,959.07 $5,430.53 $5,865.60
5 $5,208.67 $5,704.40 $6,162.00
Senior Parts Specialist 1 $5,125.47 $5,612.53 $6,063.20 2 $5,382.00 $5,893.33 $6,364.80
3 $5,648.93 $6,186.27 $6,682.00
4 $5,931.47 $6,496.53 $7,016.53
5 $6,229.60 $6,822.40 $7,368.40
Senior Street Maintenance Technician 1 $5,231.20 $5,728.67 $6,188.00 2 $5,491.20 $6,012.93 $6,494.80
3 $5,766.80 $6,316.27 $6,822.40
4 $6,052.80 $6,628.27 $7,158.67
5 $6,352.67 $6,957.60 $7,515.73
Senior Street Maintenance Worker 1 $4,288.27 $4,697.33 $5,073.47 2 $4,501.47 $4,929.60 $5,324.80
3 $4,723.33 $5,172.27 $5,586.53
4 $4,959.07 $5,430.53 $5,865.60
5 $5,208.67 $5,704.40 $6,162.00
*Actual rates will be calcuated by the City's payroll system. Page 3 of 4 148

APPENDIX A - SALARY GRADE TABLE
2023-2026 AFSCME MOU
July 3, 2023 July 14, 2024 July 13, 2025
Classification Step Monthly Rate Monthly Rate Monthly Rate Approximate Salaries*
Senior Utilities Technician 1 $5,432.27 $5,948.80 $6,425.47 2 $5,702.67 $6,245.20 $6,746.13
3 $5,995.60 $6,565.87 $7,092.80
4 $6,285.07 $6,883.07 $7,434.27
5 $6,602.27 $7,229.73 $7,808.67
Street Maintenance Technician 1 $4,730.27 $5,180.93 $5,596.93 2 $4,974.67 $5,447.87 $5,884.67
3 $5,217.33 $5,713.07 $6,170.67
4 $5,480.80 $6,002.53 $6,484.40
5 $5,751.20 $6,298.93 $6,803.33
Urban Forestry Technician 1 $5,231.20 $5,728.67 $6,188.00 2 $5,491.20 $6,012.93 $6,494.80
3 $5,766.80 $6,316.27 $6,822.40
4 $6,052.80 $6,628.27 $7,158.67
5 $6,352.67 $6,957.60 $7,515.73
Utilities Maintenance Worker 1 $4,449.47 $4,872.40 $5,262.40 2 $4,673.07 $5,118.53 $5,529.33
3 $4,908.80 $5,376.80 $5,808.40
4 $5,149.73 $5,640.27 $6,092.67
5 $5,408.00 $5,922.80 $6,397.73
Utilities Service Representative 1 $4,910.53 $5,378.53 $5,810.13 2 $5,151.47 $5,642.00 $6,094.40
3 $5,409.73 $5,924.53 $6,399.47
4 $5,680.13 $6,220.93 $6,720.13
5 $5,962.67 $6,529.47 $7,052.93
Utilities Technician 1 $4,917.47 $5,385.47 $5,817.07
2 $5,161.87 $5,652.40 $6,104.80
3 $5,420.13 $5,936.67 $6,411.60
4 $5,688.80 $6,229.60 $6,728.80
5 $5,976.53 $6,545.07 $7,070.27
Welder 1 $4,553.47 $4,986.80 $5,387.20
2 $4,782.27 $5,238.13 $5,657.60
3 $5,014.53 $5,491.20 $5,931.47
4 $5,271.07 $5,772.00 $6,234.80
5 $5,531.07 $6,058.00 $6,543.33
*Actual rates will be calcuated by the City's payroll system. Page 4 of 4 149

Compensation and
Benefits Profile

For

City of Ontario

Confidential
/ Specialized Confidential
Confidential Management
Employees

July 1, 20212023

150
Compensation & Benefits Profile - Confidential / Specialized Confidential / Confidential Management 07/01/20212023

TABLE OF CONTENTS

ARTICLE I. ADMINISTRATION ............................................................................................ 6 SECTION 1.01 INTRODUCTION ......................................................................................................... 6 SECTION 1.02 PURPOSE OF PLAN ...................................................................................................... 7 SECTION 1.03 BENEFIT LEVEL STRUCTURE .......................................................................................... 7 SECTION 1.04 DEFINITIONS ............................................................................................................ 8 ARTICLE II. EMPLOYMENT PROVISIONS ............................................................................. 9 SECTION 2.01 PROBATIONARY PERIOD ............................................................................................... 9 SECTION 2.02 HOURS OF WORK ..................................................................................................... 10 SECTION 2.03 TRANSFERS AND JOB CHANGES .................................................................................... 10 SECTION 2.04 LAYOFF PROCEDURES ................................................................................................ 11 ARTICLE III. CLASSIFICATIONS .......................................................................................... 11 SECTION 3.01 NEW CLASSIFICATIONS .............................................................................................. 11 SECTION 3.02 HIGHER CLASSIFICATION WORK................................................................................... 12 SECTION 3.03 CLASSIFICATION REVIEW ........................................................................................... 12 SECTION 3.04 CLASSIFICATION REVIEW/APPEAL ................................................................................. 12 ARTICLE IV. COMPENSATION ............................................................................................. 13 SECTION 4.01 SALARY ................................................................................................................. 13 SECTION 4.02 PAY PLAN AND BENEFITS REVIEW ................................................................................. 13 SECTION 4.03 OVERTIME .............................................................................................................. 13 SECTION 4.04 COMPENSATORY TIME ............................................................................................... 14 SECTION 4.05 SKILLS AND CERTIFICATIONS ....................................................................................... 14 SECTION 4.06 SPECIAL ASSIGNMENT – RECORDING COMMISSION MEETINGS ............................................. 15 SECTION 4.07 ON-CALL DUTY ....................................................................................................... 15 SECTION 4.08 MERIT INCREASES .................................................................................................... 15 ARTICLE V. LEAVES – PAID AND UNPAID ......................................................................... 17 SECTION 5.01 HOLIDAYS .............................................................................................................. 17 SECTION 5.02 VACATION (CONFIDENTIAL) ........................................................................................ 18 SECTION 5.03 VACATION CONVERSION (CONFIDENTIAL) ....................................................................... 19 SECTION 5.04 SICK LEAVE/RETAINED SICK LEAVE ............................................................................... 21 SECTION 5.05 ANNUAL LEAVE (SPECIALIZED CONFIDENTIAL) ................................................................. 22 SECTION 5.06 ANNUAL LEAVE CONVERSION (SPECIALIZED CONFIDENTIAL / CONFIDENTIAL MANAGEMENT ) ....... 23 SECTION 5.07 PERSONAL LEAVE ..................................................................................................... 25 SECTION 5.08 MANAGEMENT LEAVE (SPECIALIZED CONFIDENTIAL / CONFIDENTIAL MANAGEMENT) .................. 26 SECTION 5.09 BEREAVEMENT LEAVE ................................................................................................ 26 SECTION 5.10 FAMILY MEDICAL LEAVES ........................................................................................... 27 SECTION 5.11 CATASTROPHIC LEAVE PROGRAM .................................................................................. 27 SECTION 5.12 JURY DUTY ............................................................................................................. 28 SECTION 5.13 SUBMITTING AND RECORDING OF LEAVE TIME (SPECIALIZED CONFIDENTIAL / CONFIDENTIAL MANAGEMENT) 29
ARTICLE VI. BENEFITS ........................................................................................................ 30 SECTION 6.01 HEALTH INSURANCE CONTRIBUTION ............................................................................. 30 SECTION 6.02 CITY CONTRIBUTIONS TO CAFETERIA PLAN BENEFITS ........................................................ 30 SECTION 6.03 FLEXIBLE SPENDING ACCOUNTS ................................................................................... 33 SECTION 6.04 RETIREMENT ........................................................................................................... 33 SECTION 6.05 DEFERRED COMPENSATION ......................................................................................... 34 SECTION 6.06 EMPLOYEE ASSISTANCE PROGRAM ................................................................................ 34 SECTION 6.07 TRAINING .............................................................................................................. 34 151
Compensation & Benefits Profile - Confidential / Specialized Confidential / Confidential Management 07/01/20212023

SECTION 6.08 TUITION REIMBURSEMENT .......................................................................................... 34 ARTICLE VII. DISCIPLINARY PROCEDURE .......................................................................... 35 SECTION 7.01 PROVISIONS ........................................................................................................... 35 SECTION 7.02 RESPONSE .............................................................................................................. 36 SECTION 7.03 APPEAL HEARINGS .................................................................................................... 36 SECTION 7.04 GENERAL PROVISIONS ............................................................................................... 37 SECTION 7.05 WRITTEN REBUTTALS ................................................................................................ 37 ARTICLE VIII. COMPLAINT/GRIEVANCE PROCEDURE .......................................................... 37 SECTION 8.01 DEFINITIONS .......................................................................................................... 37 SECTION 8.02 LEVEL I - INFORMAL REVIEW ....................................................................................... 38 SECTION 8.03 LEVEL II – FORMAL .................................................................................................. 38 SECTION 8.04 LEVEL III ............................................................................................................... 39 SECTION 8.05 LEVEL IV ............................................................................................................... 39 SECTION 8.06 LEVEL V – ARBITRATION ............................................................................................ 40 SECTION 8.07 GENERAL PROVISIONS ............................................................................................... 40 SECTION 8.08 AUTHORITY OF THIRD PARTY ...................................................................................... 41 ARTICLE IX. GENERAL PROVISIONS .................................................................................. 41 SECTION 9.01 PERSONNEL FILES .................................................................................................... 41 SECTION 9.02 OVERPAYMENTS, RECOVERY AND UNDERPAYMENTS ........................................................... 42

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. ............................. 42

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. ............................................................................... 42

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. ............. 42

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. ................................................................ 42

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. ................................ 42 SECTION 9.03 DIRECT DEPOSIT AND ELECTRONIC PAY ADVICE ............................................................... 42 SECTION 9.04 SEVERABILITY ......................................................................................................... 43 SECTION 9.05 PEACEFUL PERFORMANCE OF CITY SERVICES ................................................................... 43 ARTICLE X. FINAL SIGNATURE .......................................................................................... 43 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 .................................................................................. 7 152
Compensation & Benefits Profile - Confidential / Specialized Confidential / Confidential Management 07/01/20212023

SECTION 2.04 LAYOFF PROCEDURES ............................................................................................. 8 ARTICLE III. CLASSIFICATIONS ............................................................................................ 8 SECTION 3.01 NEW CLASSIFICATIONS ........................................................................................... 8 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 ...........................................11 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 ..........................................................................13 SECTION 5.01 HOLIDAYS ..........................................................................................................13 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 ................................................................................23 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 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 ..............................................................................................29 153
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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 , and Confidential Management employees will remain in effect unless modified or superseded by provisions within this document.

This Compensation and Benefits Profile shall apply to employees in classifications identified ase Confidential, /Specialized Confidential, and Confidential Management Employee Compensation and Benefits Profile and is a 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 Accounting Technician
Accounts Payable Technician Administrative Assistant
Administrative Assistant to the City Council Administrative Specialist - Confidential Community Information Specialist Database Administrator Economic Development Analyst* Economic Development Specialist Executive Assistant to the City Manager* Financial Analyst Human Resources Analyst* Human Resources Coordinator
Human Resources Specialist Human Resources Technician
Internal Auditor* Investment Officer*
IT Specialist IT Technician
Legislative Analyst* Management Analyst - Confidential
Office Assistant - Confidential Office Specialist - Confidential Payroll Coordinator Payroll Technician
Records Coordinator Records Specialist
Senior Accountant Senior Accounts Payable Technician
Senior Administrative Assistant Senior Community Information Specialist* Senior Information Technology Specialist Senior Performance and Optimization Analyst Senior Records Specialist Senior Systems Analyst
Systems Analyst Systems Specialist
* Specialized Confidential (SCN)

CONFIDENTIAL CLASSIFICATIONS
Accountant Accounting Technician
Accounts Payable Technician Administrative Assistant
Administrative Assistant to the City Council Administrative Specialist - Confidential Community Information Specialist Database Administrator Economic Development Specialist Financial Analyst
Human Resources Coordinator Human Resources Specialist
Human Resources Technician IT Specialist
IT Technician Management Analyst - Confidential
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Management Assistant - Confidential Office Assistant - Confidential Office Specialist - Confidential Payroll Coordinator
Payroll Technician Police Personnel and Training Coordinator Records Coordinator Records Specialist
Senior Accountant Senior Accounts Payable Technician
Senior Administrative Assistant Senior Information Technology Specialist Senior Performance and Optimization Analyst Senior Records Specialist Senior Systems Analyst Systems Analyst
Systems Specialist

SPECIALIZED CONFIDENTIAL CLASSIFCATIONS
Economic Development Analyst Executive Assistant to the City Manager Human Resources Analyst Internal Auditor
Investment Officer Legislative Analyst
Senior Community Information Specialist

CONFIDENTIAL MANAGEMENT CLASSIFICATIONS
Principal Human Resources Agency Partner Principal Risk M anagement / Benefits Agency Partner
Payroll Manager

The following classifications when the incumbent employee is a ssigned as a member of the City’s labor negotiations team:

Administrative Officer Senior Financial Analyst
Senior Management Analyst

Section 1.02 Purpose of Plan

Confidential/Specialized Confidential Employees are defined as City employees who are in 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 three divisions of employees within the the Confidential/Specialized Confidential Group. These two three divisions are identified as Confidential Management, and Specialized Confidential, and Confidential Management, which includes classifications that are not eligible to receive overtime compensation (FLSA non- exempt);, and Confidential, which includes 156
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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 at 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. P robationary 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.

The most common example of an alternative work schedule not using the Sunday through Saturday workweek is a 9/80 schedule., f 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 an 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
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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

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 previousemployee’s previous classification provided the employee had regular status in that classification. 158
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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 intere st 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 class ification at the 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 recommendations 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.

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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 shall 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 Human Resources / Risk Management 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.

Article III. C LASSIFICATIONS
Section 3.01 New Classifications

The Human Resources Director Executive Director Human Resources / Risk Management shall periodically review new and existing city positions and recommend their inclusion in this group. 160
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Upon approval by the City Manager, such positions shall be considered as Confidential , Specialized Confidential, or Confidential Management.

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 cumulative 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 all and only the duties of the higher classification. 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, but not more than the maximum salary for the higher classification.

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 Executive Director Human Resources Director/Risk Management.

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. Such an appeal shall be filed with the Human Resources Department Human Resources / Risk Management Department. The appeal shall include a detailed statement by the employee indicating the employee’s reasons for disagreement with the classification review decision.

B. A designated individual in the Huma n Resources DepartmentHuman Resources / Risk Management Department shall hold a meeting with the employee no later than 14 161
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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 Human Resources / Risk Management 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. C OMPENSATION
Section 4.01 Salary
A. The following salary increases shall be implemented for employees covered by this Profile:

1. Effective July 42, 20213, employees within the unit will receive a 29.5% increase in base salary.

2. Effective Julyly 314, 14, 20224, employees within the unit will receive a 29.5% increase in base salary.

2. Effective July 13, 2025, employees within the unit will receive a 8.5% 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, and Confidential Management employees are exempt pursuant to the FLSA and are not eligible to receive overtime compensation or compensatory time.

B. O vertime 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 162
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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 who are routinely and consistently assigned to positions requiring communication skills in languages other than English 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 must be certified as competent in translation skills by the Human Resources DepartmentHuman Resources / Risk Management Department to be eligible for compensation.

Unit employees approved to receive bilingual pay may be required to translate at City Council meetings, at the discretion of the City Manager or designee. Employees assigned to provide translation at the City Council meetings shall be compensated an additional $50 per meeting. 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 clerical and administrative support positions, which are determined to require notary duties and who obtain and maintain a notary public certificate from the State of California, shall receive additional compensation. Each regular employee who meets the eligibility requirements and is designated by the applicable Department Head and 163
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Human Resources DepartmentHuman Resources / Risk Management 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 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 in clerical / administrative support classifications 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 or Department Head and the Executive Director Human Resources /Risk Management 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 50 per day for Mondays, Tuesdays, Wednesdays, and Thursdays, and Fridays and $525 per day for Friday, 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 par ticular 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

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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 anniversary dates until appointed to a new classification provided, however, that no employee shall receive more than one merit increase within any six monthsix-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. Salary on Promotion

Effective the first full-pay period upon ratification of this agreement. An employee who is promoted shall be assigned to the lowest step of the new salary range which allows an increase of approximately five percent (5%) over the employee’s current salary at the time of promotion. The Agency Head may recommend assignment to a higher salary step based on special circumstances to the Executive Director Human Resources. The date of promotion will establish a new salary review date and the employee shall be eligible for the next merit increase in accordance with Section 3. Advancements. The promotion date will be effective at the beginning of an established pay period.

Section 4.09 American Rescue Plan Act Premium

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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 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 regulations.

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

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.
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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 of 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).

F. Specialized Confidential and Confidential Management employees having any holiday listed in the Se ction 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
Section 5.03Section 5.02 Vacation (Confidential)

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
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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 5.04Section 5.03 Vacation Leave 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 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

CONFIDENTIAL EMPLOYEES
Year of Service
Vacation Leave
Hours Earned
Per Year
14 168
15 176
16+ 192
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D. In accordance with 26 CFR 1.451-2 effective January 1, 2025, and continuing thereafter, unit employees must submit an irrevocable election form, by no later than December 15th of the proceeding calendar year to convert the following hours to cash:

1. Accrued Vacation Hours - An amount which may not exceed the number of vacation hours the individual employee may accrue in the following calendar year.

2. Compensatory Time – An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

The cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

E. The total combined number of vacation and compensatory hours converted per calendar year shall not exceed 300 hours.

F. The payment shall be made via payroll and employees may elect to receive the cash out in the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

G. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional vacation and/or compensatory time conversion salary program for the following calendar year.

H. In the event an employee has less hours in their vacation and compensatory bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their vacation and compensatory bank at the time of the actual cash-out, less any minimum balances.

I. If an employee makes an irrevocable election to cash- out vacation and/or compensatory time in the following calendar year and uses such leave in that subsequent calendar year, the vacation and compensatory leave used will come from the vacation or compensatory leave the employee had earned (if any) prior to January 1st of the calendar year the employee has elected to cash -out. The employee’s use of earned, but unused vacation and/or compensatory leave accumulated from previous calendar years shall not resul t in a reduction in the amount of vacation and/or compensatory hours the employee is eligible to cash-out.

J. Any conversion of vacation hours to cash shall not cause the employee’s total amount of accrued vacation in their vacation leave bank to fall below a forty (40) hour minimum balance. Cash-out of accumulated time shall be at the employee’s option. Requests for cash-out are to be submitted in a manner prescribed by the City.

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Section 5.05Section 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 and Confidential Management 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. E mployees 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 S ection 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).

E. E mployees 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 170
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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 Executive Director Human Resources /Risk ManagementHuman Resources Director.

Section 5.06Section 5.05 Annual Leave (Specialized Confidential / Confidential Management )
A. Specialized Confidential and Confidential Management employees accumulate annual leave hours. The purpose of annual leave is to provide Specialized Confidential these employees the ability to accrue time off for use in vacation, sick, and personal leave situations. Annual Leave shall not be used:

1. tTo ex tend 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. Confidential Management 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:

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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C.D. 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 by any disability benefits, including short- term and long- term disability and workers’ compensation.

E. 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 5.07Section 5.06 Annual Leave Conversion (Specialized Confidential / Confidential Management )
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 hour s of Vacation Leave will be converted to one (1) hour of Annual Leave for employees that become members of the Specialized Confidential or Confidential Management units 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 members of the Specialized Confidential or Confidential Management unsits 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. S pecialized Confidential and Confidential Managemene t 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

SPECIALIZED CONFIDENTIAL
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
14 256
15 264
16+ 272
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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 annual leave 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

E. In accordance with 26 CFR 1.451-2 effective January 1, 2025, and continuing thereafter, unit employees must submit an irrevocable election form, by no later than December 15th of the proceeding calendar year to convert the following hours to cash:

1. Accrued Annual Leave - An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.

2. Compensatory Time – An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

The cash- out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

F. The total combined number of vacation and compensatory hours converted per calendar year shall not exceed 300 hours.

G. The payment shall be made via payroll and employees may elect to receive the cash out in the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

H. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave and/or compensatory time conversion salary program for the following calendar year.

I. In the event an employee has less hours in their annual leave and compensatory bank at the time the cash-out is to be paid than they had previously elected to cash- out, the employee shall only be paid for up to the amount remaining in their annual leave and compensatory bank at the time of the actual cash-out, less any minimum balances.

J. If an employee makes an irrevocable election to cash- out annual leave and/or compensatory time in the following calendar year and uses such leave in that subsequent calendar year, the annual and compensatory leave used will come from the annual or compensatory leave the employee had earned (if any) prior to January 1st of the calendar year the employee has elected to cash-out. The employee’s use of earned, but unused annual and/or compensatory leave accumulated from previous calendar 173
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years shall not result in a reduction in the amount of annual and/or compensatory hours the employee is eligible to cash-out.

K. An employee who experiences an unforeseen emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.

For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:
• Accident, illness, injury or death of the employee or an immediate family member.

For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or
• Loss or extensive damage to the employee’s property due to casualty; or • Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee.

Whether an occurrence is an unforeseeable emergency shall be solely determined by the Executive Director Human Resources / Risk Management or designee.

L. Any conversion of annual leave hours to cash shall not cause the employee’s total amount of accrued annual leave in their annual leave bank to fall below a forty (40) hour minimum balance. Cash -out of accumulated time shall be at the employee’s option.

Requests for cash-out are to be submitted in a manner prescribed by the City.

Section 5.08Section 5.07 Personal Leave
A. An employee may use any accrued annual leave, vacation and / or andor / andor 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.

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 174
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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 5.09Section 5.08 Management Leave (Specialized Confidential / Confidential Management)

Employees in the Specialized Confidential and Confidential Management classifications accrue 40 hours of management leave with the first full pay period ending in January. Employees hired or promoted into the Specialized Confidential or Confidential Management 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 5.10Section 5.09 Bereavement Leave

A. In the event of a death in the employee's immediate family, the employee shall be granted three (3) working days of paid bereavement leave. Such bereavement leave shall not be charged against any accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time. Employees shall be granted an additional two (2) working days of unpaid bereavement leave in the event of a death in the employee's immediate family member. The employee may elect to use accrued time off including accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time to cover all or a portion of the unpaid portion of their bereavement leave.

B. A total of five (5) working days of paid bereavement leave shall be granted if there is a death in the immediate family outside the State boundaries or in excess of 250 miles from the employee’s home. Such bereavement leave shall not be charged against the employee’s accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time.

C. Bereavement leave shall be completed within three (3) months of the date of death of the immediate family member. The days of bereavement leave need not be consecutive.

D. Immediate family for this provision shall be consisted with the definition of “family member” in California labor code section 245.5 (4)(c) or successor legislation unless stipulated by law. This definition includes 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 (i.e. parent, stepparent, mother -in-law, father-in-law); spouse; registered domestic partner; grandparent; grandchild; sibling.

E. Employees shall be granted one (1) working day paid personal leave to attend the funeral of an aunt, uncle, cousin, niece or nephew.

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

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G. Employees 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 5.11 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 t his 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.

Section 5.12 The employee shall be granted one working day paid personal leave to attend the funeral of an aunt, uncle, cousin, niece, or nephew.

Section 5.13 E mployees may be provided release time by Department Heads to attend the funeral of deceased City employees without loss of pay.

Section 5.14 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 5.15Section 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.

B. E mployees 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, and Confidential Management 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 5.16Section 5.11 Catastrophic Leave Program 176
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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 Human Resources / Risk Management Department shall review all requests from the receiving employee to d etermine 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 therefore 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 / Confidential ) Management) remaining after such donation and the leave application rate shall be based on the donating employee's dollar value, which shall be adjusted proportionally to the receiving employee's rate.

7. The dona tions 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.

8.7. 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.

9.8. D
onations shall be made on a Catastrophic Leave Form prescribed by the Human Resources DepartmentHuman Resources / Risk Management Department.

Section 5.17Section 5.12 Jury Duty
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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 summoned or otherwise required to appear in court in the course of City business.

Section 5.13 S ubmitting and Recording of Leave Time (Specialized Confidential / Confidential Management)
A. It is recognized that in certain circumstances, the fulfillment of an employee's responsibilities requires longer or more irregular hours than usual. In such instances, a department may allow an employee the flexibility to attend to personal business away from work during normal works hours without requiring the use of accrued leave.

Exercising this flexibility shall not amount to compensating the employee on an hour off for an hour worked basis.

B. Employees shall submit requests for time off for full or partial day absences to their immediate supervisor or manager with as much advance notice as possible. Authority to approve the request is at the sole discretion of the immediate supervisor or manager based on the nature of the request and the operational demands of the department.

C. Full day absences: Employees are required to use their accrued time off (annual, leave, retained sick leave or management leave) for full day absences.

D. Partial day absences: An employee's partial day absence(s) exceeding two hours will be charged to the employee's accumulated time off, (annual leave, retained sick leave, or management leave), or taken as leave without pay. Absences of less than two hours will not be charged to accumulated time off or charged as leave without pay. Employees with approved interm ittent Family Medical Leave, California Family Rights Act or other protected leave, the employee must record each hour not worked.

E. Employees are expected to complete their assigned duties regardless of their use of partial day absences. Flexibility of employee's work hours may or may not be granted based on operational needs, including the need for supervisors to be available

Section 5.14 Paid Parental Leave

A. Each employee shall be granted a paid parental leave of absence not to exceed forty (40) hours per calendar year upon the birth or adoption of the employee’s child or children. Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption date and is subject to the department’s established time off or leave of absence approval procedures. Such paid parental leave shall not be charged against the 178
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employee's sick leave, vacation leave, annual leave, or accrued compensatory time.

B. The employee may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children and/or the employee's relationship to the child or children.

C. Paid Parental Leave will be considered as qualifying leave under the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) and shall run concurrently with an entitled unpaid Family Leave (provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statues.

D. Individuals subject to their initial probation period with the City of Ontario shall be required to complete a full duty on-the job probationary period as outlined in Section 2.01.

Article VI. B ENEFITS
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 Confidential and / Specialized Confidential employees and retirees. The City will contribute up to a maximum of $300.00 per month toward health insurance premiums for active Confidential / S pecialized ConfidentialConfidential Management employees and retirees. This amountThese amounts isare 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 C ity’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:

Coverage Level
Confidential / Specialized
Confidential Confidential Management
Single Coverage $765 $765
Two Party Coverage $1,050 $1,090
Family Coverage $1,335 $1,380

Single Coverage $765
Two Party Coverage $1,050
Family Coverage $1,335
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For EBeginning January 1, 2018, for Eeligible 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 c overage 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 i n cash. Effective, January 1, 2018, o 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.

C.D. C ash-in-Lieu Option: An Eligible Employee will be eligible to receive cash-in-lieu of $573 485 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. T he 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.

D.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 (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 180
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premiums.

E.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.

F.G. 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 6.02(A), unless the employee is receiving disability benefits..

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 employeesemployee’s 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 total 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.

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

H.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 premi ums for life insurance coverage in the following 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).

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Basic Life Insurance
Accidental Death and
Dismemberment
(AD&D)
Confidential $50,000 $50,000
Specialized Confidential $51,000 $54,000
Confidential Management $51,000 $54,000

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 Members 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, tThe required employee contribution for new members is 6.25%. This amount will be adjusted periodically by CalPERS.

C. O ptional Benefits for Classic and New Members
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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 Disability

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

Section 6.05
Section 6.06
Section 6.07Section 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 $200 per month for Confidential Management employees. The City will contribute $125 per month for Specialized Confidential employees. The City w ill contribute $ 75 per month for Confidential employees. The contribution will be paid in equal bi -weekly installments during the first and second pay periods of the month.

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 6.08Section 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 6.09Section 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 6.10Section 6.08 Tuition Reimbursement
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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.

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

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 $1,000 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 DepartmentHuman Resources / Risk Management Department for processing. The Human Resources DepartmentHuman Resources / Risk Management Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of t he course. Proof of payment and proof of completion shall be submitted to the Human Resources DepartmentHuman Resources / Risk Management Department .

Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Article VII. D ISCIPLINARY PROCEDURE
Section 7.01 Provisions
A. An employee may be disciplined 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 184
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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.

B. Following the review of the proposed action, the Executive Director Human Resources /Risk Management Human Resources Director or designee 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 Executive Director Human Resources /Risk Management 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 185
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made in writing to the Executive Director Human Resources /Risk Management Human Resources 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.

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 if 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 plans, 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. C OMPLAINT/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. 186
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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.

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 fil ing. 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 187
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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.

Section 8.04
Section 8.05Section 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 8.06Section 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 188
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mail, return receipt requested, directed to the Executive Director Human Resources /Risk ManagementHuman Resources Director.

Section 8.07Section 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 the arbitrator may be selected by mutual agreement.

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

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. Any cancellation or postponement fee will 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 arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Section 8.08Section 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 will 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 for 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 189
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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:

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 8.09Section 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. G ENERAL PROVISIONS
Section 9.01 Personnel Files
A. The official personnel files shall be located in and/or maintained by the Human Resources DepartmentHuman Resources / Risk Management 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. E mployees 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. 190
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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 / Risk Management , 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.

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.

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 / Risk Management DepartmentAgency to be considered for an exception. Human Resources / Risk Management shall review the request for the Direct 191
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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 / Risk Management DepartmentAgency.

D. The electronic pay advice will be available for employees to view, save and print in the City’s Hhuman Rresources iInformation sSystem 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 eEmployees 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, 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 20213.

_________________________________ ________________ Scott Ochoa Date
City Manager

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APPENDIX A
July 1, 2023 - Confidential, Specialized Confidential, Confidential Management Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Accountant 1 $36.23 $6,279.87 $39.68 $6,877.87
2 $38.05 $6,595.33 $41.67 $7,222.80
3 $39.96 $6,926.40 $43.76 $7,585.07
4 $41.97 $7,274.80 $45.96 $7,966.40
5 $44.03 $7,631.87 $48.22 $8,358.13
Accounting Technician 1 $30.38 $5,265.87 $33.27 $5,766.80 2 $31.89 $5,527.60 $34.92 $6,052.80
3 $33.48 $5,803.20 $36.67 $6,356.13
4 $35.15 $6,092.67 $38.49 $6,671.60
5 $36.92 $6,399.47 $40.43 $7,007.87
Accounts Payable Technician 1 $30.38 $5,265.87 $33.27 $5,766.80 2 $31.89 $5,527.60 $34.92 $6,052.80
3 $33.48 $5,803.20 $36.67 $6,356.13
4 $35.15 $6,092.67 $38.49 $6,671.60
5 $36.92 $6,399.47 $40.43 $7,007.87
Administrative Assistant 1 $28.89 $5,007.60 $31.64 $5,484.27 2 $30.35 $5,260.67 $33.24 $5,761.60
3 $31.84 $5,518.93 $34.87 $6,044.13
4 $33.44 $5,796.27 $36.62 $6,347.47
5 $35.11 $6,085.73 $38.45 $6,664.67
Administrative Assistant to the City Council 1 $40.76 $7,065.07 $44.64 $7,737.60 2 $42.81 $7,420.40 $46.88 $8,125.87
3 $44.93 $7,787.87 $49.20 $8,528.00
4 $47.18 $8,177.87 $51.67 $8,956.13
5 $49.51 $8,581.73 $54.22 $9,398.13
Administrative Specialist - Confidential 1 $31.28 $5,421.87 $34.26 $5,938.40 2 $32.83 $5,690.53 $35.95 $6,231.33
3 $34.49 $5,978.27 $37.77 $6,546.80
4 $36.21 $6,276.40 $39.65 $6,872.67
5 $38.02 $6,590.13 $41.64 $7,217.60
Broadband Analyst 1 $41.33 $7,163.87 $45.26 $7,845.07
2 $42.84 $7,425.60 $46.91 $8,131.07
3 $45.58 $7,900.53 $49.92 $8,652.80
4 $47.85 $8,294.00 $52.40 $9,082.67
5 $50.23 $8,706.53 $55.01 $9,535.07
Community Information Specialist 1 $31.28 $5,421.87 $34.26 $5,938.40 2 $32.83 $5,690.53 $35.95 $6,231.33
3 $34.49 $5,978.27 $37.77 $6,546.80
4 $36.21 $6,276.40 $39.65 $6,872.67
5 $38.02 $6,590.13 $41.64 $7,217.60
Database Administrator 1 $55.95 $9,698.00 $61.27 $10,620.13 2 $58.76 $10,185.07 $64.35 $11,154.00
3 $61.70 $10,694.67 $67.57 $11,712.13
4 $64.77 $11,226.80 $70.93 $12,294.53
5 $68.00 $11,786.67 $74.46 $12,906.40
Economic Development Analyst 1 $38.17 $6,616.13 $41.80 $7,245.33 2 $40.08 $6,947.20 $43.89 $7,607.60
3 $42.09 $7,295.60 $46.09 $7,988.93
4 $44.19 $7,659.60 $48.39 $8,387.60
5 $46.40 $8,042.67 $50.81 $8,807.07
Economic Development Specialist 1 $35.29 $6,116.93 $38.65 $6,699.33 2 $37.06 $6,423.73 $40.59 $7,035.60
3 $38.90 $6,742.67 $42.60 $7,384.00
4 $40.85 $7,080.67 $44.74 $7,754.93
5 $42.90 $7,436.00 $46.98 $8,143.20
Approximate Salaries*
July 3, 2023 July 14, 2024
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APPENDIX A
July 1, 2023 - Confidential, Specialized Confidential, Confidential Management Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2023 July 14, 2024
Financial Analyst 1 $47.79 $8,283.60 $52.34 $9,072.27
2 $50.18 $8,697.87 $54.95 $9,524.67
3 $52.69 $9,132.93 $57.70 $10,001.33
4 $55.34 $9,592.27 $60.60 $10,504.00
5 $58.06 $10,063.73 $63.58 $11,020.53
Human Resources Coordinator 1 $36.99 $6,411.60 $40.51 $7,021.73 2 $38.84 $6,732.27 $42.53 $7,371.87
3 $40.77 $7,066.80 $44.65 $7,739.33
4 $42.82 $7,422.13 $46.89 $8,127.60
5 $44.95 $7,791.33 $49.23 $8,533.20
Human Resources Specialist 1 $31.28 $5,421.87 $34.26 $5,938.40 2 $32.83 $5,690.53 $35.95 $6,231.33
3 $34.49 $5,978.27 $37.77 $6,546.80
4 $36.21 $6,276.40 $39.65 $6,872.67
5 $38.02 $6,590.13 $41.64 $7,217.60
Human Resources Technician 1 $33.54 $5,813.60 $36.73 $6,366.53 2 $35.21 $6,103.07 $38.56 $6,683.73
3 $36.97 $6,408.13 $40.49 $7,018.27
4 $38.82 $6,728.80 $42.51 $7,368.40
5 $40.77 $7,066.80 $44.65 $7,739.33
IT Specialist 1 $35.29 $6,116.93 $38.65 $6,699.33
2 $37.06 $6,423.73 $40.59 $7,035.60
3 $38.90 $6,742.67 $42.60 $7,384.00
4 $40.85 $7,080.67 $44.74 $7,754.93
5 $42.90 $7,436.00 $46.98 $8,143.20
IT Technician 1 $31.76 $5,505.07 $34.78 $6,028.53
2 $33.35 $5,780.67 $36.52 $6,330.13
3 $35.00 $6,066.67 $38.33 $6,643.87
4 $36.75 $6,370.00 $40.25 $6,976.67
5 $38.59 $6,688.93 $42.26 $7,325.07
Management Analyst - Confidential 1 $38.17 $6,616.13 $41.80 $7,245.33 2 $40.08 $6,947.20 $43.89 $7,607.60
3 $42.09 $7,295.60 $46.09 $7,988.93
4 $44.19 $7,659.60 $48.39 $8,387.60
5 $46.40 $8,042.67 $50.81 $8,807.07
Office Assistant - Confidential 1 $19.79 $3,430.27 $21.68 $3,757.87 2 $20.78 $3,601.87 $22.76 $3,945.07
3 $21.82 $3,782.13 $23.90 $4,142.67
4 $22.90 $3,969.33 $25.08 $4,347.20
5 $24.05 $4,168.67 $26.34 $4,565.60
Office Specialist - Confidential 1 $23.90 $4,142.67 $26.18 $4,537.87 2 $25.11 $4,352.40 $27.50 $4,766.67
3 $26.36 $4,569.07 $28.87 $5,004.13
4 $27.66 $4,794.40 $30.29 $5,250.27
5 $29.04 $5,033.60 $31.80 $5,512.00
Payroll Coordinator 1 $38.94 $6,749.60 $42.64 $7,390.93 2 $40.88 $7,085.87 $44.77 $7,760.13
3 $42.93 $7,441.20 $47.01 $8,148.40
4 $45.08 $7,813.87 $49.37 $8,557.47
5 $47.31 $8,200.40 $51.81 $8,980.40
Payroll Technician 1 $33.54 $5,813.60 $36.73 $6,366.53
2 $35.21 $6,103.07 $38.56 $6,683.73
3 $36.97 $6,408.13 $40.49 $7,018.27
4 $38.82 $6,728.80 $42.51 $7,368.40
5 $40.77 $7,066.80 $44.65 $7,739.33
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APPENDIX A
July 1, 2023 - Confidential, Specialized Confidential, Confidential Management Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2023 July 14, 2024
Personnel and Training Coordinator 1 $33.54 $5,813.60 $36.73 $6,366.53 2 $35.21 $6,103.07 $38.56 $6,683.73
3 $36.97 $6,408.13 $40.49 $7,018.27
4 $38.82 $6,728.80 $42.51 $7,368.40
5 $40.77 $7,066.80 $44.65 $7,739.33
Records Coordinator 1 $33.41 $5,791.07 $36.59 $6,342.27 2 $35.09 $6,082.27 $38.43 $6,661.20
3 $36.84 $6,385.60 $40.34 $6,992.27
4 $38.68 $6,704.53 $42.36 $7,342.40
5 $40.61 $7,039.07 $44.47 $7,708.13
Records Specialist 1 $25.79 $4,470.27 $28.25 $4,896.67
2 $27.08 $4,693.87 $29.66 $5,141.07
3 $28.42 $4,926.13 $31.12 $5,394.13
4 $29.83 $5,170.53 $32.67 $5,662.80
5 $31.33 $5,430.53 $34.31 $5,947.07
Senior Accountant 1 $42.07 $7,292.13 $46.07 $7,985.47
2 $44.18 $7,657.87 $48.38 $8,385.87
3 $46.39 $8,040.93 $50.80 $8,805.33
4 $48.70 $8,441.33 $53.33 $9,243.87
5 $51.13 $8,862.53 $55.99 $9,704.93
Senior Accounts Payable Technician 1 $32.04 $5,553.60 $35.09 $6,082.27 2 $33.64 $5,830.93 $36.84 $6,385.60
3 $35.46 $6,146.40 $38.83 $6,730.53
4 $37.10 $6,430.67 $40.63 $7,042.53
5 $38.94 $6,749.60 $42.64 $7,390.93
Senior Administrative Assistant 1 $31.77 $5,506.80 $34.79 $6,030.27 2 $33.36 $5,782.40 $36.53 $6,331.87
3 $35.01 $6,068.40 $38.34 $6,645.60
4 $36.76 $6,371.73 $40.26 $6,978.40
5 $38.60 $6,690.67 $42.27 $7,326.80
Senior Information Technology Specialist 1 $38.94 $6,749.60 $42.64 $7,390.93 2 $40.89 $7,087.60 $44.78 $7,761.87
3 $42.93 $7,441.20 $47.01 $8,148.40
4 $45.08 $7,813.87 $49.37 $8,557.47
5 $47.32 $8,202.13 $51.82 $8,982.13
Senior Performance and Optimization Analyst 1 $52.28 $9,061.87 $57.25 $9,923.33 2 $54.92 $9,519.47 $60.14 $10,424.27
3 $57.63 $9,989.20 $63.11 $10,939.07
4 $60.53 $10,491.87 $66.29 $11,490.27
5 $63.55 $11,015.33 $69.59 $12,062.27
Senior Records Specialist 1 $30.40 $5,269.33 $33.29 $5,770.27 2 $31.91 $5,531.07 $34.95 $6,058.00
3 $33.50 $5,806.67 $36.69 $6,359.60
4 $35.17 $6,096.13 $38.52 $6,676.80
5 $36.93 $6,401.20 $40.44 $7,009.60
Senior Systems Analyst 1 $52.29 $9,063.60 $57.26 $9,925.07 2 $54.93 $9,521.20 $60.15 $10,426.00
3 $57.67 $9,996.13 $63.15 $10,946.00
4 $60.54 $10,493.60 $66.30 $11,492.00
5 $63.56 $11,017.07 $69.60 $12,064.00
Systems Analyst 1 $38.94 $6,749.60 $42.64 $7,390.93
2 $40.89 $7,087.60 $44.78 $7,761.87
3 $42.93 $7,441.20 $47.01 $8,148.40
4 $45.08 $7,813.87 $49.37 $8,557.47
5 $47.32 $8,202.13 $51.82 $8,982.13
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APPENDIX A
July 1, 2023 - Confidential, Specialized Confidential, Confidential Management Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2023 July 14, 2024
Systems Specialist 1 $35.29 $6,116.93 $38.65 $6,699.33
2 $37.06 $6,423.73 $40.59 $7,035.60
3 $38.90 $6,742.67 $42.60 $7,384.00
4 $40.85 $7,080.67 $44.74 $7,754.93
5 $42.90 $7,436.00 $46.98 $8,143.20
Specialized Confidential
Executive Assistant to the City Manager 1 $60.45 $10,478.00 $66.20 $11,474.67 2 $63.47 $11,001.47 $69.50 $12,046.67
3 $66.64 $11,550.93 $72.98 $12,649.87
4 $69.96 $12,126.40 $76.61 $13,279.07
5 $73.45 $12,731.33 $80.43 $13,941.20
Human Resources Analyst 1 $42.09 $7,295.60 $46.09 $7,988.93 2 $44.19 $7,659.60 $48.39 $8,387.60
3 $46.40 $8,042.67 $50.81 $8,807.07
4 $48.70 $8,441.33 $53.33 $9,243.87
5 $51.13 $8,862.53 $55.99 $9,704.93
Internal Auditor 1 $42.39 $7,347.60 $46.42 $8,046.13
2 $44.52 $7,716.80 $48.75 $8,450.00
3 $46.72 $8,098.13 $51.16 $8,867.73
4 $49.06 $8,503.73 $53.73 $9,313.20
5 $51.51 $8,928.40 $56.41 $9,777.73
Investment Officer 1 $52.95 $9,178.00 $57.99 $10,051.60 2 $55.59 $9,635.60 $60.88 $10,552.53
3 $58.38 $10,119.20 $63.93 $11,081.20
4 $61.29 $10,623.60 $67.12 $11,634.13
5 $64.36 $11,155.73 $70.48 $12,216.53
Legislative Analyst 1 $38.17 $6,616.13 $41.80 $7,245.33 2 $40.08 $6,947.20 $43.89 $7,607.60
3 $42.09 $7,295.60 $46.09 $7,988.93
4 $44.19 $7,659.60 $48.39 $8,387.60
5 $46.40 $8,042.67 $50.81 $8,807.07
Senior Community Information Specialist 1 $38.94 $6,749.60 $42.64 $7,390.93 2 $40.88 $7,085.87 $44.77 $7,760.13
3 $42.93 $7,441.20 $47.01 $8,148.40
4 $45.08 $7,813.87 $49.37 $8,557.47
5 $47.31 $8,200.40 $51.81 $8,980.40
Confidential Management
Administrative Officer - Confidential 1 $57.46 $9,959.73 $62.92 $10,906.13 2 $60.35 $10,460.67 $66.09 $11,455.60
3 $63.36 $10,982.40 $69.38 $12,025.87
4 $66.54 $11,533.60 $72.87 $12,630.80
5 $69.86 $12,109.07 $76.50 $13,260.00
Payroll Manager 1 $47.32 $8,202.13 $51.82 $8,982.13
2 $49.69 $8,612.93 $54.42 $9,432.80
3 $52.17 $9,042.80 $57.13 $9,902.53
4 $54.78 $9,495.20 $59.99 $10,398.27
5 $57.49 $9,964.93 $62.96 $10,913.07
Principal Human Resources Agency Partner 1 $57.46 $9,959.73 $62.92 $10,906.13 2 $60.35 $10,460.67 $66.09 $11,455.60
3 $63.36 $10,982.40 $69.38 $12,025.87
4 $66.54 $11,533.60 $72.87 $12,630.80
5 $69.86 $12,109.07 $76.50 $13,260.00
196

APPENDIX A
July 1, 2023 - Confidential, Specialized Confidential, Confidential Management Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 3, 2023 July 14, 2024
Principal Risk Management / Benefits Agency Partner 1 $57.46 $9,959.73 $62.92 $10,906.13 2 $60.35 $10,460.67 $66.09 $11,455.60
3 $63.36 $10,982.40 $69.38 $12,025.87
4 $66.54 $11,533.60 $72.87 $12,630.80
5 $69.86 $12,109.07 $76.50 $13,260.00
Senior Financial Analyst - Confidential 1 $52.95 $9,178.00 $57.99 $10,051.60 2 $55.59 $9,635.60 $60.88 $10,552.53
3 $58.38 $10,119.20 $63.93 $11,081.20
4 $61.29 $10,623.60 $67.12 $11,634.13
5 $64.36 $11,155.73 $70.48 $12,216.53
197

Compensation and
Benefits Profile

For

City of Ontario

Department
Head

July 1, 20212023

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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 ........................................................... 3 Article II. Compensation ................................................................................................. 4 Section 2.01 Pay Plan and Benefits Review ....................................................................... 4 Section 2.02 Compensation Adjustments ........................................................................... 4 Section 2.03 American Rescue Plan Act Premium ............................................................. 5 Section 2.04 Management Incentive 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 ..........................................................................10 Section 3.04 Management Leave ......................................................................................11 Section 3.05 Personal Leave .............................................................................................11 Section 3.06 Bereavement Leave ......................................................................................11 Section 3.07 Compensatory Leave ....................................................................................12 Section 3.08 Family Medical Care Leaves .........................................................................12 Section 3.09 Catastrophic Leave .......................................................................................13 Section 3.10 Jury Duty ......................................................................................................14 Article IV. Benefits ...........................................................................................................14 Section 4.01 Health Insurance Contribution .......................................................................14 Section 4.02 Insurance ......................................................................................................14 Section 4.03 Flexible Spending Accounts ..........................................................................18 Section 4.04 Deferred Compensation ................................................................................18 Section 4.05 Employee Assistance Program ..................................................................... 18 Section 4.06 Tuition Reimbursement .................................................................................18 Section 4.07 Auto Allowance .............................................................................................19 Section 4.08 Meal Reimbursement ....................................................................................19 Article V. Retirement – End of Service ..........................................................................20 Section 5.01 CalPERS Contribution ..................................................................................20 Section 5.02 Employee Severance Compensation ............................................................21 Article VI. General provisions ................................................................................................21 Section 6.01 Overpayments, Recovery and Underpayments .............................................21 Section 6.02 Direct Deposit and Electronic Pay Advice .....................................................22 Article VII. Final Signature ....................................................................................................22 Appendix A -- Salary Range Table .........................................................................................24

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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
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

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 Deputy Chief Investment Officer
City Engineer Communications and Community Relations Director Community Development Assistant 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 Management Services Director
Municipal Services Director Museum, Arts and Culture Director Parks and Maintenance Director Planning Director
Police Administrative Director Real Estate and Development Assistant Director Recreation/Community Services Director Utilities Customer Services Director Water Resources and Regulatory Affairs Director
Section 1.01 Terms and Conditions of Employment
A. 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.

B. 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 200
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“Employment Policies” in the City’s Online Policy Center in effect and applicable to the above- mentioned classifications will remain in effect un less expressly super seded by provisions within this document.

C. 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 super sede the provisions of this document.

D. Employees in Department Head classifications are considered to serve at the will and pleasure of the City Manager. The appointment 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.

E. 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.

F. The various forms of compensation and benefits described 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 stimulating the development of people and methods which will facilitate the meeting of program goals and objectives.

G. 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 will 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
A. 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.

B. E
ffective July 1, 2023, the City adopted a compensation grade table for Department Head classifications. This table includes a subsection for Department Head – Safety (Deputy Police Chief and Chief Deputy) classifications. This compensation grade table represents the complete range of base compensation for Department Head ions as well as Department 201
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Head – Safety classifications. Each classification is associated with a specific compensation grade as identified in Appendix A.

C. T he City Manager shall assign each Department Head / Department Head - Safety classification to a compensation grade consistent with Section 2.01.

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

B.

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

Effective J
C.D. uly 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.

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

Section 2.03 American Rescue Plan Act Premium
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 as follows:

The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS regulations. The ARPA Premium Payment will be issued in a separate paper check on or before 2/11/2022.

Section 2.04Section 2.03 Management Incentive Pay

Assigned Agency (as of 01/28/2022)
American Rescue Plan Act
Payment Amount
Ontario Fire Department; Ontario
Police Department $10,000
All other Agencies $7,500
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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.

Employees in the Chief Deputy classification shall receive management incentive pay at the rate of five (5) hours per pay period, for a total of one hundred and thirty hours (130) hours per calendar year, in recognition of full-time duties performed during normal working hours that pertain to the unique nature of the job. Such hours shall not be used as time off and shall be paid as salary compensation at the employee's base rate of pay.

Article III. L EAVES – 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
A. 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

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B. A ny holiday listed in provision 3 .01 which falls on Sunday will be observed on the following Monday.

C. Any holiday which falls on an employee’s regular day off shall be accrued as annual 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 dayworkday, 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 th e holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive 9 hours of annual leave.

D. A t 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
A. The purpose of annual leave is to provide employees in the Department Head group the ability to accrue time for use in vaca tion, 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’ compensation or disability payments from another employer.

B. Department Head employees , exclusive of the Deputy Police Chief and Chief Deputy accumulateclassifications, 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
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Year of Service
Annual Leave
Hours Earned
Per Year
12 240
13 248
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.

4. Employees in the Deputy Police Chief classification shall accrue annual leave as provided for the Police Captain classification in the Memorandum of Understanding for the Ontario Police Management Group.

5. Employees in the Chief Deputy classification shall accrue annual leave as provided for the Deputy Fire Chief classification in the Memorandum of Understanding for the Ontario Fire Management Group.

C. 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 “retained 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 750 205
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hours, any leave hours over 750 hours will be converted to compensation at the rate prior to promotion.

D. 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:

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

E. Revised Conversion of Annual Leave to Compensation Procedure

1. I n accordance with 26 CFR 1.451- 2 effective January 1, 2025, and continuing thereafter, unit employees must submit an irrevocable election form, by no later than December 15th of the proceeding calendar year to convert the following hours to cash:
a. Accrued Annual Leave - An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.
b. Compensatory Time – An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

2. The cash -out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form. The total combined number of annual and compensatory hours converted per calendar year shall not exceed 300 hours.

3. The payment shall be made via payroll and employees may elect to receive the cash out on the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

4. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave and/or compensatory time conversion salary program for the following calendar year.

5. In the event an employee has less hours in their annual leave and compensatory bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their annual leave and compensatory bank at the time of the actual cash-out.

6. If an employee makes an irrevocable election to cash -out annual leave and/or compensatory time in the following calendar year and uses such leave in that 206
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