Agenda packet — Ontario City Council, June 15, 2023 (part 1 of 3)

CITY OF ONTARIO
Special City Council/Housing Authority
Meeting
JUNE 15, 2023
City Hall
Community Meeting Rooms 1 and 2
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

All documents for public review are on ﬁle with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to ﬁll out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 8:00 a.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].

All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

CITY OF ONTARIO Special City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ACCOMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The Special City Council and Housing Authority meeting begins with Public Comment at 12:00 p.m. immediately followed by the Special Meeting.

CALL TO ORDER
(OPEN SESSION)

ROLL CALL
Dorst-Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon

PLEDGE OF ALLEGIANCE
Council Member Wapner
PUBLIC COMMENTS 12:00 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

To comment by email, submit your comments by email no later than 10:00 a.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

AGENDA REVIEW/ANNOUNCEMENTS

The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modiﬁcations or announcements regarding Agenda items to be considered.

CITY OF ONTARIO Special City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

1. APPROVAL OF A TWO-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ONTARIO AND THE ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES; A THREE-YEAR

MEMORANDUM OF UNDERSTANDING WITH THE AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES LOCAL 3061; A FOUR-YEAR MEMORANDUM OF

UNDERSTANDING WITH THE ONTARIO PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 1430; AND APPROVAL OF AMENDMENTS MADE TO THE COMPENSATION AND BENEFITS

PROFILES FOR CONFIDENTIAL/SPECIALIZED CONFIDENTIAL/CONFIDENTIAL MANAGEMENT EMPLOYEES AND THE DEPARTMENT HEADS; APPROVAL OF ONE-TIME BONUSES FOR EMPLOYEEES IN THE IDENTIFIED EMPLOYEE GROUPS; AND AUTHORIZE THE

CITY MANAGER TO MAKE ANY NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY TO IMPLEMENTATION.

CONSENT CALENDAR

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a speciﬁc item be removed from the Consent Calendar for a separate vote.

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.

That the City Council approve the Memorandum of Understandings (MOUs) between the City of Ontario; and
A
.

Approve a two-year MOU regarding wages, hours, and other terms and conditions of employment with the Association of Ontario Management Employees from July 1, 2023 through June 30, 2025;
B
.

Approve a three-year MOU regarding wages, hours, and other terms and conditions of employment with the American Federation of State, County, & Municipal Employees Local 3061 from July 1, 2023 through June 30, 2026;
C
.

Approve a four-year MOU regarding wages, hours, and other terms and conditions of employment with the Ontario Professional Fireﬁghters Association Local 1430 from July 1, 2023 to June 30, 2027;
D
.

Approve amendments to the Compensation and Beneﬁts Proﬁles for Conﬁdential / Specialized Conﬁdential / Conﬁdential Management Employees and Department Head Employees effective July 1, 2023;
E
.

Approve Maternity/Paternity leave program granting 40 hours of paid leave upon the birth or adoption of a child; and
F
.

Approve a one-time signing bonus of $2,000 for active employees represented by the Association of Ontario Management Employees and the American Federation of State, County, & Municipal Employees Local 3061 eﬀective June 26, 2023. Approve a one-time signing bonus of $2,500 for active employees represented by Ontario Professional Fireﬁghters Association Local 1430 eﬀective June 26, 2023. Approve a one-time bonus of $2,000 for active employees in the Conﬁdential, Specialized Conﬁdential, and Department Head groups eﬀective June 26, 2023. Approve a one-time bonus of $2,500 CITY OF ONTARIO Special City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT:

FFA MOU 2023-2027 DRAFT WITH APPENDIX.pdf

ATTACHMENT:

AOME MOU 2023 - 2026 DRAFT WITH APPENDIX.pdf

ATTACHMENT:

AFSCME MOU 2023-2026 DRAFT with APPENDIX.pdf

ATTACHMENT:

DRAFT CONFIDENTIAL_SCON_CON MGMT PROFILE 2023 WITH
APPENDIX.pdf

ATTACHMENT:

Department Head Compensation and Benefits Profile 2023 DRAFT WITH APPENDIX.pdf

2. A RESOLUTION APPROVING THE FISCAL YEAR 2023-24 THROUGH FISCAL YEAR 2027-28

MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT EXPENDITURE PLAN AND EXPENDITURE

STRATEGY

ATTACHMENT:

Measure I Capital Expenditure Plan^02^RESO^RM

ATTACHMENT:

Measure I Capital Expenditure Plan^03 Exh A

ATTACHMENT:

Measure I Capital Expenditure Plan^04 Exh B

3. REVIEW AND ADOPTION OF THE CITY'S FISCAL YEAR 2023-24 BUDGET AND APPROVAL OF

BUDGET-RELATED ACTIONS
for active employees designated as Department Head-Safety, effective June 26, 2023.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council adopt a Resolution approving the Fiscal Year 2023-24 through Fiscal Year 2027-28 Measure I Five-Year Capital Improvement Expenditure Plan and Expenditure Strategy.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE FISCAL YEAR 2023-24 THROUGH FISCAL YEAR 2027-28 MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN.

That the City Council and Housing Authority Board:

A
.

Adopt Resolutions establishing the appropriations limit of the City of Ontario for Fiscal Year 2023-24 and approve the operating budgets, including the capital improvement program, of the City of Ontario and Ontario
Housing Authority for Fiscal year 2023-24;
B
.

Approve the annual budget of the Ontario Convention Center for Fiscal Year 2023-24; C
.

Adopt a Resolution to approve the City of Ontario Fiscal Year 2023-24 Proposed Citywide Fee Schedule
i
n order to establish and amend certain service and development-related fees for City services;
D
.

Approve the updated Travel and Expense Reimbursement Policy; and

E
.

Approve the updated Purchasing Policies and Procedures Manual

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE OPERATING BUDGET OF SAID CITY FOR THE FISCAL YEAR 2023-24.

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,

CALIFORNIA, ADOPTING A BUDGET FOR SAID AUTHORITY FOR THE FISCAL YEAR 2023-24.

CITY OF ONTARIO Special City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

Fiscal Year 2023-24 Annual Operating Budget 01^RESO Appropriations Limit^RM

ATTACHMENT:

Fiscal Year 2023-24 Annual Operating Budget 02^RESO Adopt City^RM

ATTACHMENT:

Fiscal Year 2023-24 Annual Operating Budget 03^RESO
Adopt^OHA^RM

ATTACHMENT:

Fiscal Year 2023-24 Citywide Fee Schedule 04^RESO^RM

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE CITY OF ONTARIO FOR FISCAL YEAR 2023-24.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

APPROVING A CITYWIDE FEE SCHEDULE ESTABLISHING AND AMENDING CERTAIN

SERVICE AND DEVELOPMENT-RELATED FEES FOR CITY SERVICES, AND REPEALING PREVIOUS ACTIONS TO THE EXTENT THEY ARE IN CONFLICT.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Dorst-Porada
Council Member Wapner
Council Member Bowman
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Special City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 Department: Human Resources
Prepared By: Reed Sigler
Staff Member Presenting:

Angela C. Lopez, Executive Director Human
Resources
Reviewed By: Reed Sigler, Angela Lopez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 1
SUBJECT:

APPROVAL OF A TWO-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF ONTARIO AND THE ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES; A THREE-YEAR MEMORANDUM OF UNDERSTANDING WITH THE

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES LOCAL 3061; A FOUR-YEAR MEMORANDUM OF UNDERSTANDING WITH THE ONTARIO PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 1430; AND APPROVAL OF

AMENDMENTS MADE TO THE COMPENSATION AND BENEFITS PROFILES FOR

CONFIDENTIAL/SPECIALIZED CONFIDENTIAL/CONFIDENTIAL MANAGEMENT EMPLOYEES AND THE DEPARTMENT HEADS; APPROVAL OF ONE-TIME BONUSES FOR EMPLOYEEES IN THE IDENTIFIED EMPLOYEE GROUPS; AND AUTHORIZE THE

CITY MANAGER TO MAKE ANY NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY TO IMPLEMENTATION.

CITY OF ONTARIO
Agenda Report
June 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the Memorandum of Understandings (MOUs) between the City of Ontario; and
A
.

Approve a two-year MOU regarding wages, hours, and other terms and conditions of employment with the Association of Ontario Management Employees from July 1, 2023 through June 30, 2025;
B
.

Approve a four-year MOU regarding wages, hours, and other terms and conditions of employment with the Ontario Professional Fireﬁghters Association Local 1430 from July 1, 2023 to June 30, 2027;
D
.

Approve Maternity/Paternity leave program granting 40 hours of paid leave upon the birth or adoption of a child; and
F
.

Approve a one-time signing bonus of $2,000 for active employees represented by the Association of Ontario Management Employees and the American Federation of State, 6 County, & Municipal Employees Local 3061 eﬀective June 26, 2023. Approve a one-time signing bonus of $2,500 for active employees represented by Ontario Professional Fireﬁghters Association Local 1430 eﬀective June 26, 2023. Approve a one-time bonus of $2,000 for active employees in the Conﬁdential, Specialized Conﬁdential, and Department Head groups eﬀective June 26, 2023. Approve a one-time bonus of $2,500 for active employees designated as Department Head-Safety, effective June 26, 2023.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The estimated additional annual cost of the compensation changes across all funds during the renewals is $11,575,642 for FY 2023-24 and $16,905,522 for FY 2024-25. The estimated General Fund portion is $8,344,750 for FY 2023-24, and $12,002,946 for the following ﬁscal year.

Appropriations for the ﬁrst year of the agreement have been included in the Adopted Fiscal Year 2023-24 Operating Budget.

BACKGROUND & ANALYSIS:

Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith concerning wages, beneﬁts, and working conditions with the American Federation of State, County, Municipal Employees Local 3061, the Association of Ontario Management Employees, and the Ontario Fireﬁghter Association Local 1430 for successor MOU's which expire on June 30, 2023. The meet and confer process included total compensation surveys that were conducted using Ontario's survey market for each group and designated benchmark classiﬁcations as a method to remain competitive in the market and as a component of being the employer of choice. Each of these respective employee associations have agreed to a multi-year agreements with the following salary and benefit terms:

American Federation of State, County, & Municipal Employees Local 3061 (AFSCME): A three-year term with a 9.5% general salary increase eﬀective July 2, 2023, a 9.5% general salary increase on July 14, 2024, and an 8% general salary increase on July 13, 2025. Eﬀective July 1, 2025, the City’s uniform reimbursement for the purchase of safety shoes and contributions to each employee’s deferred compensation will increase. As well as minor technical revisions to the current Memorandum of Understanding that do not create a cost increase.

Association of Ontario Management Employees (AOME): A two-year term with a 9.5% general salary increase eﬀective July 2, 2023, and a 9.5% general salary increase on July 14, 2024. As well as minor technical revisions to the current Memorandum of Understanding that do not create a cost increase. Due to a lack of comparable compensation data for the period beyond July 2024, consistent with City’s compensation philosophy, the City has agreed to conduct a total compensation study in January 2025.
7 Ontario Professional Fireﬁghter Association (OFFA) Local 1430: A four-year term with a 9% general salary increase eﬀective July 2, 2023, a 3% general salary increase on July 14, 2024, a general salary increase that is the lesser of 3% and the results of an updated total compensation survey on July 13, 2025, and a general salary increase that is the greater of 5% or the results of the updated total compensation survey. Additional revisions to employee compensation including, increases to educational incentive pays for all unit employees that possess a post-secondary degree.

Professional development compensation for employees in the Fire Captain classiﬁcation that possess a Chief Oﬃcer certiﬁcation or its equivalent. Revisions to existing Paramedic Duty compensation including the creation of a Supervising/Secondary Paramedic Duty additional compensation. As well as minor technical revisions to the current Memorandum of Understanding that do not create a cost increase.

It is also recommended that amendments be made to the Compensation and Beneﬁts Proﬁle as follows C
onﬁdential / Specialized Conﬁdential Employees / Conﬁdential Management and the
current Compensation and Beneﬁts Proﬁle for Department Heads to coincide with the recommendations proposed for the AFSCME and AOME groups. 1) C
onﬁdential / Specialized Conﬁdential Employees / Conﬁdential Management:

Following
discussion between the City and the Association of Ontario Management Employees (AOME), the City recommends the creation of the Conﬁdential Management employee group. The Conﬁdential Management employee group will include employees in classiﬁcations previously represented by AOME whose duties normally require access to conﬁdential information contributing signiﬁcantly to the development of management positions for negotiating with represented labor organizations.

Compensation and Beneﬁts Proﬁle for the Conﬁdential / Specialized Conﬁdential / Conﬁdential Management Employees.

These amendments include a general salary increase of 9.5% on July 2, 2023, a 9.5% general salary increase on July 2, 2024, as well as minor technical revisions to the current Compensation and Beneﬁts Proﬁle that do not create a cost increase; as well as minor technical revisions to the current Compensation and Benefits Profile. 2) Department Heads: Eﬀective July 1, 2023,
amendments include a new salary range for
Department Heads and the authority for the City Manager to determine classiﬁcations placement at the pre-approved "DH" range, an increase in auto allowance, City contribution to Deferred Compensation, management leave, and a new health/wellness reimbursement; as well as minor technical revisions to the current Compensation and Benefits Profile.

Additionally, as part of being the employer of choice, it is recommended that eligible employees in each of these groups receive a 40-hour paid maternity/paternity leave beneﬁt for the birth or adoption of a child.

Lastly it is recommended that the City Manager be authorized to grant a one-time signing bonus for active employees represented by the Association of Ontario Management Employees and the American Federation of State, County, & Municipal Employees Local 3061 eﬀective June 26, 2023.

As well as a one-time signing bonus
of $2,500 for active employees represented by Ontario
Professional Fireﬁghters Association eﬀective June 26, 2023. These signing bonuses are based on the relative speed in which the employee groups reached a comprehensive employment agreement 8 the City. In addition, unrepresented employees in the Conﬁdential, Specialized Conﬁdential, and Department Head groups will receive a one-time bonus of $2,000 eﬀective June 26, 2023. Active employees designated as Department Head-Safety will receive a one-time bonus of $2,500 eﬀective June 26, 2023.

The City and the identiﬁed bargaining groups recognize the important balance of the City's compensation philosophy and ﬁscal responsibility. The proposed agreements, including amendments, represent a fair and equitable contracts for employees while ensuring that the City continues to attract and retain a highly qualiﬁed and productive workforce committed to serving our community.
9 Memorandum
of
Understanding

Between

Ontario
Professional Firefighters
Association
Local 1430 I.A.F.F.

and

City of Ontario

January 1, 2018July 1, 2023
Through
June 30, 20222027

10 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

Page 2 ends

Table of Contents
ARTICLE 1. ADMINISTRATION OF MOU ......................................................................... 4 SECTION 1.01 PARTIES TO MEMORANDUM OF UNDERSTANDING .............................................. 4 SECTION 1.02 RECOGNITION ................................................................................................. 4 SECTION 1.03 CITY PERSONNEL RULES ................................................................................. 4 SECTION 1.04 MOU DISTRIBUTION ........................................................................................ 4 SECTION 1.05 EFFECT OF AGREEMENT .................................................................................. 4 ARTICLE 2. DEFINITIONS ................................................................................................ 5 ARTICLE 3. MANAGEMENT RIGHTS .............................................................................. 5 SECTION 3.01 .......................................................................................................................... 5 SECTION 3.02 .......................................................................................................................... 5 ARTICLE 4. EMPLOYEE RIGHTS .................................................................................... 6 ARTICLE 5. EMPLOYMENT PROVISIONS ...................................................................... 6 SECTION 5.01 PROBATIONARY PERIOD ................................................................................... 6 SECTION 5.02 TRANSFERS .................................................................................................... 7 SECTION 5.03 RESPONSE REQUIREMENTS ............................................................................. 8 SECTION 5.04 GROOMING STANDARDS .................................................................................. 9 SECTION 5.05 NON-SMOKER POLICY ..................................................................................... 9 ARTICLE 6. PERSONNEL FILES ....................................................................................10 ARTICLE 7. DISCIPLINARY PROCEDURE .....................................................................10 ARTICLE 8. CLASSIFICATIONS .....................................................................................11 SECTION 8.01 NEW CLASSIFICATIONS ...................................................................................11 SECTION 8.02 HIGHER CLASSIFICATION WORK ......................................................................11 SECTION 8.03 MANAGEMENT/ASSOCIATION COOPERATIVE TEAM ............................................11 ARTICLE 9. HOURS OF WORK ......................................................................................11 SECTION 9.01 WORK PERIOD – SHIFT EMPLOYEES ................................................................11 SECTION 9.02 OVERTIME ......................................................................................................12 SECTION 9.03 NON - SHIFT EMPLOYEES ................................................................................12 SECTION 9.04 SHIFT EMPLOYEES .........................................................................................12 SECTION 9.05 WORK SCHEDULES .........................................................................................12 SECTION 9.06 TIME TRADES (SHIFT TRADING) .......................................................................13 SECTION 9.07 EARLY RELIEF ................................................................................................13 SECTION 9.08 40 – HOUR WORK WEEK SCHEDULE ................................................................13 SECTION 9.09 HOURS WORKED - 40 – HOUR WORK WEEK SCHEDULE....................................14 SECTION 9.10 MEAL TIME .....................................................................................................14 SECTION 9.11 BREAKS – REST PERIODS ...............................................................................14 SECTION 9.12 FIRE STAFF PREMIUM PAY ..............................................................................15 SECTION 9.13 CALL – BACK (RECALL) ...................................................................................15 SECTION 9.14 MANNING .......................................................................................................16 ARTICLE 10. COMPENSATION ........................................................................................16 SECTION 10.01 SALARY .........................................................................................................16 SECTION 10.02 COMPENSATION SURVEY ................................................................................16 SECTION 10.03 SKILL COMPENSATION ....................................................................................18 SECTION 10.04 EDUCATIONAL INCENTIVE ................................................................................20 SECTION 10.05 LONGEVITY PAY .............................................................................................20 11 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

Page 3 ends

SECTION 10.06 UNIFORM ALLOWANCE ....................................................................................21 SECTION 10.07 COURT STANDBY ............................................................................................ 21 ARTICLE 11. BENEFITS ....................................................................................................22 SECTION 11.01 ACTIVE EMPLOYEE HEALTH BENEFITS .............................................................22 SECTION 11.02 ELIGIBILITY .....................................................................................................23 SECTION 11.03 RETIREE MEDICAL BENEFIT FOR EMPLOYEES (TIER 1) ......................................23 SECTION 11.04 RETIREE MEDICAL BENEFIT FOR EMPLOYEES (TIER 2) ......................................25 SECTION 11.05 INSURANCE COMMITTEE .................................................................................26 SECTION 11.06 LIFE INSURANCE .............................................................................................26 SECTION 11.07 DEFERRED COMPENSATION ............................................................................26 SECTION 11.08 EMPLOYEE ASSISTANCE PROGRAM ................................................................. 27 SECTION 11.09 RETIREMENT ..................................................................................................27 SECTION 11.10 LONG-TERM DISABILITY ..................................................................................28 ARTICLE 12. ASSOCIATION MEMBERSHIP AND ACTIVITY ..........................................29 SECTION 12.01 DUES DEDUCTION ..........................................................................................29 SECTION 12.02 ASSOCIATION VACATION LEAVE .......................................................................29 ARTICLE 13. GRIEVANCE PROCEDURE .........................................................................30 SECTION 13.01 DEFINITIONS ..................................................................................................30 SECTION 13.02 LEVEL I – INFORMAL REVIEW ...........................................................................31 SECTION 13.03 LEVEL II – FORMAL .........................................................................................31 SECTION 13.04 LEVEL III ........................................................................................................31 SECTION 13.05 LEVEL IV ........................................................................................................32 SECTION 13.06 LEVEL V – ARBITRATION .................................................................................32 SECTION 13.07 GENERAL PROVISIONS ....................................................................................33 ARTICLE 14. LAYOFF PROCEDURE ................................................................................34 ARTICLE 15. HOLIDAYS ...................................................................................................35 SECTION 15.01 PAID HOLIDAYS ..............................................................................................35 SECTION 15.02 HOLIDAY WORK COMPENSATION (HOLIDAY PAY) ..............................................35 ARTICLE 16. VACATION ...................................................................................................36 SECTION 16.01 VACATION ACCRUAL .......................................................................................36 SECTION 16.02 VACATION CARRY – OVER ..............................................................................36 ARTICLE 17. LEAVES OF ABSENCE WITH PAY .............................................................37 SECTION 17.01 SICK LEAVE ....................................................................................................37 SECTION 17.02 BEREAVEMENT LEAVE.....................................................................................38 SECTION 17.03 PERSONAL LEAVE ...........................................................................................39 SECTION 17.04 PATERNITY LEAVE .......................................................................................... 40 SECTION 17.05 CATASTROPHIC LEAVE PROGRAM ....................................................................40 SECTION 17.06 FAMILY MEDICAL CARE LEAVES .......................................................................41 ARTICLE 18. SAFETY PROGRAM ....................................................................................42 ARTICLE 19. TRAINING AND CERTIFICATIONS .............................................................42 ARTICLE 20. SEPARABILITY ...........................................................................................42 ARTICLE 21. DURATION AND IMPLEMENTATION .........................................................43 Appendix A: Salary Grade Table

12 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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Article 1. Administration of MOU
Section 1.01 Parties to Memorandum of Understanding
This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Ontario (hereinafter known as the City) and the Ontario Professional Firefighters Association, Local 1430 I.A.F.F. (hereinafter known as the Association).

Section 1.02 Recognition
The City hereby formally recognizes the Ontario Professional Firefighters Association, Local 1430 I.A.F.F. as the Representative for those employees employed by the City and defined in Rule I, Section 26 of the Personnel Rules and Regulations, in the following Classifications:

Firefighter Trainee
Firefighter
Fire Engineer
Fire Investigation Supervisor
Fire Captain
Firefighter Trainee

Recognition is granted for the purpose of meeting and conferring on wages, hours, working conditions and general representation of employees defined within this section.

Section 1.03 City Personnel Rules
It is understood and agreed that there exists within the City, in written form, certain personnel rules, policies and practices generally contained in the “City of Ontario Personnel Rules and Regulations” “Resolution No. 6836, Employer -Employee Rules and Regulations,” and the ”Employment Policies” in the City’s Online Policy Center which will continue in effect, except for those provisions modified by this MOU, unless and until modified by mutual agreement of the parties and enacted by the City Council in accordance with state laws, orders, regulations, official instructions or policies.

Except as provided herein, all wages, hours, and other terms and conditions of employment presently enjoyed by affected employees shall remain in full force and effect during the term of the MOU, unless changed by mutual agreement. The City shall have the right to update and improve said personnel rules, policies, and practices with the understanding that prior to such changes, the City will meet and confer with authorized representatives of the Association.

Section 1.04 MOU Distribution
The City agrees to provide a copy of the MOU to all new employees covered by this MOU.

Section 1.05 Effect of Agreement

A. The parties acknowledge that during the negotiations which resulted in this MOU, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU.

13 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

Page 5 ends

B. This MOU supersedes all previous agreements, understandings, and prior practices related to matters included within this MOU
C. The adoption of this MOU shall not affect rights established under Labor Code Sections 1960 – 1963, and Government Code Sections 3500 – 3510 (MMBA).

Article 2. Definitions
A. BARGAINING UNIT - The bargaining unit of the employees defined in Article 1, Section

1.02, Recognition.

B. CALENDAR YEAR - The period of 12 consecutive months commencing on January 1 st and ending on December 31st.

C. DAY - A calendar day unless otherwise stated in this MOU.

D. EMERGENCY - A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

E. EMPLOYEE -
1) Regular Employee - An employee in a full-time, regular position who has completed the probationary period.
2) Probationary Employee - An employee in a full- time, regular position who has not completed the probationary period.

F. WORKING DAY - A daily work period an employee is regularly scheduled to work each day. For example, an employee on a 4/10 work schedule would have a ten -hour working day.

G. REGULAR RATE OF PAY- The regular rate used to calculate the Fair Labor Standards Act ("FLSA") premium pay reported to CalPERS, inclusive of an employee's base hourly rate, eligible items of special compensation that an employee receives at the time FLSA is calculated (Longevity Pay, Educational Incentive, and all compensation items under Section 10.03), and all other items of compensation that are included in the FLSA calculation.

Article 3. Management Rights
Section 3.01
There are no provisions in the MOU that shall be deemed to limit or curtail the city in any way in the exercise of the rights, powers and authority which the City had prior to entering into this MOU, and as defined in the Employer-Employee Relations Rule, unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority.

Section 3.02
Where required by law, the City agrees, prior to implementation, to meet and confer with the Association over the impact of the exercise of a City right upon wages, hours, and other terms 14 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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and conditions of employment of its members unless the impact consequences of the exercise of a management right upon the Association members is provided for in this MOU, Personnel Rules and Regulations or Departmental Rules and Regulations.

Article 4. Employee Rights

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 Association representation when the employee reasonably anticipates that such a meeting is for the purposes of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

Article 5. Employment Provisions
Section 5.01 Probationary Period
A. Objective - An integral part of the testing process utilized for closely observing the employee’s work and the employee’s adjustment within the organization.

B. Length

1. All original and promotional appointments shall be subject to a probationary period of 12 months.

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

C. Rejection

1. Initial Appointments. During the probationary period, an employee may be terminated by the department head without cause and without right of appeal.

Notification of rejection in writing shall be served on the probationary employee. Employee shall be eligible for two weeks’ severance pay, unless two weeks advance notice is given. The affected employee may request a meeting with the department head to discuss the reasons for the rejection prior to the effective date of the rejection.

2. Promotional Appointments. During the probationary period, a n employee serving in a promotional appointment may be returned to the employee’s former classification without cause and without right of appeal. The employee shall be notified in writing and shall be returned to the classification held immediately prior to the promotion, provided the employee had regular status 15 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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in that classification.

Section 5.02 Transfers
A. The purpose of this procedure is to provide a fair and equitable means for employees to voluntarily change their work locations, and to establish the policy within which administrative transfers shall be accomplished.

B. Policy

1. Transfers will be considered with the employee’s and the department’s best interest in mind.

2. The Fire Chief maintains the authority to assign personnel in the best interest of the Fire Department.

3. Fire Department seniority will be the major criteria considered, along with qualifications for special assignments.

4. The Battalion Chiefs shall f ile all transfer requests in the Transfer Request Master File Book, located in the Battalion Chiefs’ office in Fire Administration.

Transfers shall be coordinated by the designated Battalion Chief Transfer Coordinator, unless time constraints or other cir cumstances require that another Battalion Chief take action on a transfer request. Bids will be awarded from transfer request s on file in the master file book, unless no qualified personnel have submitted a transfer request for the vacancy.

5. In order to provide a diversity of experience, and to allow for evaluation of performance by more than one supervisor, all probationary personnel will be administratively transferred. Regular personnel in bid positions who are temporarily transferred in order to faci litate probationary or administrative transfers shall have the opportunity to return to their previous assignment when the affected individual is transferred again, or within one (1) year.

6. Certain circumstances may prevent a displaced individual from being returned to his bid position, such as a senior individual bidding that unit and changing the paramedic configuration of that company (bumping). “Bumped” individuals shall immediately regain bid rights, and the position they were bumped from shall be posted as open for bid.

C. Procedure

1. Employees who wish to request a transfer shall complete an Employee Transfer Form. The transfer form shall be completed in triplicate. The employee will retain one copy and submit two copies to the employee’s immediate supervisor. The immediate supervisor shall forward both copies to their Battalion Chief.

2. Upon receipt and filing of the transfer request in the Master File Book, the Battalion Chief shall return a copy of the request to the employee, indicating that the request is on file.

3. Employees wishing to cancel a previous transfer request shall do so by memorandum, through channels, to his Batt alion Chief. The memorandum 16 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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shall be applied to the appropriate Transfer Request form in the Master File Book.

4. When a vacancy occurs, a “Current Positions Open to Bid” numbered memorandum shall be e-mailed to all fire personnel, announcing the opening and declaring the vacancy either open for bid or closed, including the cause if closed. Bidding will close at 1800 hours on the last posting date. The most senior qualified member, subject to the stated administrative requirements, will be selected for transfer.

5. This notice of transfer of a member may include a statement which announces the opening of the member’s vacated position for bid or announces the closing of the position and the cause for the closing. When this occurs, the transfer notice will remain open for 30 days and is the vacancy notice described in the paragraph immediately above.

6. If after an opening has been posted for 30 days and no member has filed a request for transfer to the position, the first request received, thereafter, may be honored. Or, the position may be filled administratively without further notice other than the posting of the transfer notice.

7. In the event it becomes necessary to bypass the most senior person requesting any vacancy, that person shall be provided a written explanation for the decision.

8. Employees may submit a transfer request for any authorized position. The following positions, however, will be filled by appointment approved by the Fire Chief:

Fire Captain/Deputy Fire Marshal
Fire Captain/EMS Coordinator
Fire Captain/Training Officer (Both Positions)

10. If more than one (1) request is filed by an employee, it shall be the responsibility of that employee to prioritize the employee’s choices in the space provided on the transfer request form for each request filed.

11. Transfer requests will be honored only after the employee has served at least one year in the employee’s present assignment and has successfully completed the employee’s probationary period. This requirement shall not apply to those who have been transferred by administrative direction rather than as a result of a transfer request.

12. All transfer requests for non- currently posted positions will expire December 31 st of each year and will be purged the first working day in January. Transfer requests on file for currently posted positions will remain in the Master File Book into the new year, and will not be purged until the posting(s) have closed and the positions have been awarded.

13. The transfer policy identified in this section may be amended at any time upon agreement of the Fire Department Management and the Association.

Section 5.03 Response Requirements
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Non-shift Fire Department employees assigned to response functions during emergencies, such as the “Duty” Fire Investigation Supervisor, may be required by the Fire Chief to respond within a reasonable time and location.

Section 5.04 Grooming Standards
A. Mustaches - shall have a neat appearance. They shall be trimmed in such a manner that they shall not extend further that three quarters of an inch (3/4”) down from the corner of the mouth and horizontally they shall not pass the corner of the eye.

B. Sideburns - shall be neatly trimmed and present a groomed appearance. They shall not extend one half inch (1/2”) beyond the earlobe. Sideburns shall be no wider than one and one half inches (1 ½”) and shall end with a clean horizontal line.

C. Hair – shall be groomed, neat, clean, and trimmed. Color shall be limited to those that may naturally be found on the human head. Hair shall not extend below the bottom of the collar when standing at attention. Hair in front shall be groomed so that it does not fall below the eyebrows when a person is uncovered and it shall not bush out below the band in the front of a properly worn headgear. The hair shall not fall below the bottom of the ear.

D. At no time shall an individual’s hair interfere with the proper use of safety equipment.

E. Beards – shall not be worn. (Exceptions may be authorized for brief periods of time for medical reasons or special occasions.)
F. Cosmetics – each member is permitted to wear cosmetics of conservative color and amount.

G. Finger Nails – are to be kept clean and shall not exceed the tip of the finger in length.

If nail polish is worn, it shall be clear without pigment or color.

H. Jewelry – no jewelry, which presents a hazard of becoming snagged, caught or hung up shall be worn.

1. Rings – are not recommended to be worn by suppression personnel while on duty.

2. Earrings/Studs – may only be worn by females while on duty.

3. Body Piercings – jewelry, including but not limited to , tongue studs, lip rings, nose rings and brow rings are not permitted.

I. Tattoos and Body Art – Tattoos and other forms of body art shall not be visible during the performance of duties in the course and scope of employment.

J. The department acknowledges that one or more members have tattoos prior to the adoption of the policy; such members are exempt from this policy. The acquisition of new tattoos or other body art by such members after the adoption of this policy shall fall under the policy as stated in Section 5.04(I).

Section 5.05 Non-Smoker Policy
New employees hired into all classifications represented by the Association from eligibility lists 18 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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established after January 1, 1988, will be required to remain non- smokers throughout their employment as a member of the Ontario Fire Department. A non-smoker shall not smoke or use any tobacco product, either on or off duty while employed. An affidavit signed on a periodic basis by the employee shall be used to verify continued non-smoking status.

Article 6. Personnel Files

A. The official personnel files shall be located in the Human Resources Department.

Personnel actions (i.e. discipline, promotions) will be based on documentat ion within such file.

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

C. 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 as long and the referenced document is in the file.

Article 7. Disciplinary Procedure
A. The following disciplinary procedure must be used for all serious disciplinary actions involving permanent full-time employees BEFORE the actions go into effect. Basically, the disciplinary procedure provides that:

1. An employee may be suspended by the Fire Chief, with the approval of the City Manager, for disciplinary purpose or for any just cause, which is in the best interest of the service. Suspension shall not exceed 30 calendar days without pay nor shall it exceed more than 30 calendar days in any fiscal year.

Normally, five working days prior to a ½ shift to a one and ½ shift suspension, and ten working days prior to a two -shift suspension or above, a suspended employee will receive a written copy of the charges against him/her.

2. The notice must contain the reasons and the charges upon which the proposed action is based.

3. The notice must also contain a statement of the events or circumstances upon which the action is based.

4. The employee must be given the materials, if any, upon which the action is based.

5. The employee must be given the right, either orally or in writing, to respond to the Department Head or the City Manager (in the case of a discharge) 19 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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proposing the action. This procedure will be consistent with Sections 13.04 through 13.07 of the grievance procedure.

6. 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 without pay if the employee’s conduct imperils the safety or welfare of the public, other employees, or said employee.

Article 8. Classifications
Section 8.01 New Classifications
The City agrees to meet with the Association on any new classifications approved, which appropriately should be added to the unit covered by this MOU.

Section 8.02 Higher Classification Work
A. Any bargaining unit employee who works in a higher classification shall receive an approximate 5% salary increase while the employee continues to work in the higher classification. Employees who work in a higher classification and are also required to perform paramedic duty shall receive the greater of an approximate 5% salary increase or the Paramedic Duty Assignment amount specified in Section 10.03(A) while the employee continues to work in the higher classification.

B. Only hours worked in higher classifications that are required by the department shall be counted toward meeting this requirement.

C. After an employee has qualified in accordance with this provision, the employee will not be required to re-establish eligibility in the qualified classification thereafter.

D. The Fire Chief shall make the final determination of eligibility for each higher class assignment.

Section 8.03 Management/Association Cooperative Team
Discussions will take place to provide procedures and finalize an effective date for the following concept:

A planning and oversight team shall be formed from equal numbers representing the Firefighter labor Association and Fire Management to cooperate with the Human Resources Department and mutually agree to develop and direct all testing procedures that affect this bargaining unit.

Article 9. Hours of Work
Section 9.01 Work Period – Shift Employees
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The average work period for shift employees is 53 56 hours per week for the purpose of calculating compensation (without loss of current compensation).

Section 9.02 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.

It is the intent of both parties that overtime be included in the paycheck for the pay period in which it is earned. Compensatory time may not be accrued for time worked.

Section 9.03 Non - Shift Employees
Each employee, covered by this MOU, shall receive ov ertime compensation, at the rate of one and ½ times the employee’s base compensation, in cash, for all time worked in excess of the employee’s scheduled 40 hours per week. This shall be included in the paycheck for the pay period in which it is earned.

Section 9.04 Shift Employees
24-hour work shift schedule employees whose work time exceeds an average of 53 hours per week shall be paid at one and one -half times the employee’s regular rate of pay for all hours in excess of an average 53- hour workweek, up to the 56 hour p er week average. . This shall be included in the paycheck for the pay period in which it is earned.

Section 9.05 Work Schedules
24 – Hour Work Shift
A. Unit employees assigned to work the 24 – hour work shift schedule shall begin at 0700 hours and terminate work at 0700 hours the following day. The City shall maintain the current 56-hour shift schedule as it relates to days on/days off.

B. The work period for bargaining unit employees assigned to a daily work schedule shall be a fixed and regularly recurring work period.

C. Time worked is defined as the maximum number of hours worked or deemed to have worked (including all paid leaves of absence) per each 53 56 hour average work week paid at the regular rate of pay, except as provided in D below.

D. Non – Work Time is defined by the following situations which shall not be considered time worked:

1. All travel to work and returning home.

2. All time in voluntary off – duty training, with the following exceptions:
a. Scheduled assigned training – would provide consideration of time worked for travel time and scheduled class time.
b. Where an individual voluntarily attends a budgeted Fire Department class, all off – duty time would be considered non – work time; however, any scheduled shifts within that period would be recorded as Leave for Department Business.

3. Dock time defined as non – work time charged against an employee for 21 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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unauthorized absence, tardiness, or other absence without pay. a. Dock time shall not be chargeable against authorized leave times. b. Dock time shall be charged in quarters of an hour.

Section 9.06 Time Trades (Shift Trading)
The trading of work time between employees shall be permitted under the following conditions:

A. Traded time worked shall not be counted as additional hours worked for determining time worked in excess of the average 53 hour work week.

B. Trading time is done voluntarily by the participating employees.

C. Trading time may be for any shift, or one -hour minimum thereof, of an employee’s regular work schedule. Paybacks shall be at the same time increment as the original exchange.

D. Trading time is documented and is approved by Fire Department supervision.

E. Additional procedures as set forth in the Departmental Trade Time Policies and Procedures as agreed upon by Fire Department Management and the Association.

Section 9.07 Early Relief
The common practice of relieving employees on the previous shift prior to the scheduled starting time shall not have the effect of increasing the number of compensable hours of work for employees.

A. Any early relief amongst employees shall be done vol untarily by the participating employees.

B. Early relief shall not be counted as additional time worked per each work period.

C. Early relief may be for a period ranging from 11 minutes, up to a maximum of one hour.

D. Early relief is documented by the appropriate Fire Company Log Book by the supervisor of the individual being relieved.

E. Early relief shall be infrequent and shall not be permitted as a routine or continual practice amongst individual employees over a period of time.

Section 9.08 40 – Hour Work Week Schedule
A. Unit employees assigned to work the 40 -hour work week schedule shall be assigned daily starting and terminating work time approved by Fire Management.

B. The seven- day work period shall begin on Sunday at 07:00:00 a.m. and end the following Sunday at 06:59:59 a.m.
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C. The work period for unit employees assigned to work the 40 -hour workweek schedule shall be a fixed and regularly recurring period.

Section 9.09 Hours Worked - 40 – Hour Work Week Schedule The maximum number of hours worked or deemed to have worked (including all paid leaves of absence) per each seven day work period shall be 40 hours at the regular rate of pay, inclusive of breaks and holidays for 40-hour employees and exclusive of:

A. Mealtime.

B. All travel to work and returning home.

C. All time in voluntary off-duty training, with the following exceptions:

1. Scheduled assigned training – would provide for consideration of time worked for travel time and scheduled class time.

2. Where individual voluntarily attends a budgeted Fire Department class, all off-duty time would be considered non- work time; however, any scheduled shifts within that period would be recorded as Leave for Department business.

D. All time worked for which employees have already been paid at one and one half times (1 ½) times the regular rate of pay or as otherwise set forth in this article.

E. Dock time is defined as non-work time charged against an employee for unauthorized absence, tardiness, or other absence without pay.

1. Dock time shall not be chargeable against authorized leave times.

2. Dock time shall be charged in quarter of an hour increments.

Section 9.10 Meal Time
A. All employees assigned to work the 40-hour workweek schedule shall be entitled to one mealtime for half or more of the scheduled working day worked.

B. All mealtime taken is considered non- work time and to be without pay. The schedule for meal breaks shall be determined by management, taking into consideration the continuity of services provided to the public, and the convenience of the employee.

C. In no case will meal breaks be permitted to exceed one hour, or can they be taken at the beginning or end of a work schedule.

Section 9.11 Breaks – Rest Periods
Employees assigned to the 40-hour work week schedule shall receive two break-rest periods for each eight hour day actually worked, and a break -rest period of 15 minutes for each four consecutive hours of overtime worked. Break-rest periods are a benefit and not a right, and must be earned as any other benefit and are computed at the rate of 15 minutes per four hours worked, or major fraction thereof. The procedures to be followed in providing rest periods, sometimes 23 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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referred to as “coffee breaks,” shall include the following:

A. Rest p eriods are scheduled or rescheduled by management as job requirements dictate.

B. The rest period shall consist of 15 minutes cessation of work and will include time involved in going to and coming from a rest area.

C. Rest periods are not cumulative and shal l not be added to any lunch hours, vacation, or any other form of authorized absence from work.

Section 9.12 Fire Staff Premium Pay

A. Non-shift safety personnel who are assigned to perform administrative duties shall receive Fire Staff Premium Pay.

B. Such non-shift safety personnel shall receive credit of 193 hours per year, due to the past workweek reduction of shift personnel, and may use a maximum of 40 hours per year in the form of compensatory time off. The balanc e, or, the full 193 hours, will be paid as salary compensation on the second paycheck in November each year in a lump sum at the employee’s regular rate of pay.

C. Employees appointed or promoted to a non-shift administrative assignment during the year shall receive a pro-rated amount of Fire Staff Premium hours based on the portion of the calendar year that the employee served in that non-shift assignment.

D. Any employee who changes classifications and who has accumulated any hours of fire staff premium credit shall be paid for such accumulated hours at the employee’s regular rate of pay in effect for the former classification when such hours were incurred prior to such classification change.

Section 9.13 Call – Back (Recall)
A. Off – duty employees who are recalled to a work site to perform recall work, regular or emergency, necessary to maintain staffing levels, or in response to a special detail assignment, such as fire investigation, will be granted a minimum of two hours of recall work.

B. Recall work is defined as either “regular recall work” which is initiated for the purpose of maintaining staffing levels, or “emergency recall work” which is initiated when it is deemed necessary or advisable to properly cope with an emergency incident(s).

C. Special detail work is defined as w ork performed by an assigned employee during off duty hours (i.e. special fire safety standby assignment, fire investigative response, or Oral Board member service), other than for designated incentive or skill pay as designated in Section 10.03.

D. An employee on a 24-hour shift schedule involved in recall or special detail work will be paid at time and one -half for all hours worked as defined in the relevant overtime section. An employee on a 40-hour workweek schedule will be paid at time and one-half for all hours worked in excess of the 40 hours in the work period as defined in the 24 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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relevant overtime section. Travel time to work and returning home will not be counted as work time.

Section 9.14 Manning
A. The Fire Department will continue the minimum manning level of on- duty personnel (Firefighters--2, Engineer --1, Captain --1), which will be four personnel for Engine Companies, and four personnel for Truck Companies with a total of 40 shift personnel.

B. This minimum manning will be adjusted automatically as new stations and equipment are added. The minimum manning may drop at the Department’s discretion, for known vacancies of three hours or less.

C. In the event of a disaster, this manning is suspended.

Article 10. Compensation
Section 10.01 Salary
A. Effective January 7July 2, 202318 employees within the unit will receive a 95% increase in base salary.

B. Effective January 6July 14, 20149 employees within the unit will receive a 53% increase in base salary.

C. Effective January 5, 2020July 13, 2025, employees within the unit shall receive the lesser of a 3% increase in base salary or the percentage increase in base salary required to maintain the leading total compensation position amongst comparable agencies. A weighted average calculation as identified in Section 10.02 shall be used to determine the percentage of base salary increases for all classifications. will receive a 5% increase in base salary.

D. Effective January 3, 2021July 12, 2026, employees within the unit will receive a shall receive the greater of a 5% increase in base salary or the percentage increase in base salary required to maintain the leading total compensation position amongst comparable agencies. A weighted average calculation as identified in Section 10.02 shall be used to determine the percentage of base salary increases for all classifications. 4% increase in base salary.

D. A total compensation survey as described in Section 10.02 shall be completed no later than March 28, 2025, for the fiscal year beginning July 1, 2025. If insufficient data is collected to make determinations for the July 12, 2026, salary adjustments , a total compensation survey will be completed by March 27, 2026.

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

Section 10.02 Compensation Survey
In January 2022, the City will conduct a Total Compensation survey between the Firefighters serving the City of Pomona and the City of Ontario for the positions of Fire Captain, Fire Investigation Supervisor, Fire Engineer, and Firefighter. The following items will be used in the calculations:
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Monthly base salary;
Deferred Compensation;
Incentive pays covering 90% or more of the employees;
City contribution of employee share of PERS/retirement; Uniform allowance;
Health, dental and vision plan contributions;
Life Insurance and Long term disability contributions.

Following completion of the study, the City will meet with the Association to review the results.

This survey will not obligate the City to any adjustments.

A. The City’s commitment as an Employer of Choice is to provide:

• High-quality facilities and equipment;
• Comprehensive training and professional development opportunities; and • A total compensation package that is #1 in our survey market.

B. Committing to being the top-compensated agency, in addition to demanding the highest level of service and professionalism from employees, requires both financial sustainability and defensibility of this unique policy choice. Thus, although Ontario will be #1 in the market, it is essential that we adhere to that market . The #1 total compensation package shall be determined each contract term. The amount of increase for each rank shall be based upon the classification (Firefighter, Fire Engineer, Fire Captain) that is furthest behind the top compensating comparable agency. Once the benchmark classification is selected, the percentage below #1 shall be converted into a weighted average and applied to the other two classifications to avoid organizational management issues of compaction between the ranks. The percentage below #1 shall be determined pursuant to the completion of the Total Compensation Survey.

C. This survey shall be comprised of the following agencies:

• Chino Valley Independent Fire District
• Orange County Fire Authority
• Pomona (LA County Fire)
• Rancho Cucamonga Fire District
• San Bernardino County Fire Protection District; and
• City of Santa Monica Fire Department (total compensation shall be adjusted according to socioeconomic indicators)

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D. The list of comparable agencies may be updated and altered periodically upon mutual agreement of the City of Ontario and the Ontario Firefighters’ Association Local 1430.

E. The total compensation survey shall include an analysis of the following compensation elements for Firefighter, Fire Engineer and Fire Captain:

• Monthly base salary;
• Deferred Compensation;
• Incentive pays covering 90% or more of the employees in the classification; • City contribution of employee share of PERS/retirement; • Uniform allowance;
• Health, dental and vision plan contributions;
• Paid leave time;
• Life Insurance and long term disability contributions.

F. To avoid compaction issues between non-management and management ranks within the Ontario Fire Department, the top step for the rank of Fire Captain shall remain at least 6.5% below of the bottom step of Fire Battalion Chief

Section 10.03 Skill Compensation
A. Primary Paramedic Duty Assignment (Paramedic Pay) -– Employees in the Firefighter and Fire Engineer classifications who have and maintain their paramedic certification, and utilize that certification as a part of normal duties when assigned to primary paramedic duty or working as paramedic out-of-class (“PMOC”) will receive additional compensation which shall be the amount of the difference between Step five of the Fire Engineer classification and the amount representing 13% above Step five of the Fire Engineer classification. A minimum staffing of two paramedics will be maintained on all Advanced Life Support (ALS) unitsFirefighter, Fire Engineer and Fire Captain positions assigned to paramedic duty or working as paramedic out-of-class (“PMOC”) will receive additional compensation which shall be the amount of the difference between Step five of the Fire Engineer classification and the amount representing 12.72% above Step five of the Fire Engineer classification. A minimum staff ing of two paramedics will be maintained on all Advanced Life Support (ALS) units.

A. Supervisory Paramedic Duty Assignment (Captain Paramedic Pay). Employees in the Fire Captain classification who have and maintain their paramedic certification and utilize that certification as a part of normal duties when assigned to paramedic duty, will be compensated for 6.5% of their base pay in recognition of their certification and supervisory responsibility for paramedic duty. Firefighters and Fire Engineers employed by the City of Ontario that possess a paramedic certification as of June 4, 2023, sh all be eligible for Supervisory Paramedic Duty Assignment (Captain Paramedic Pay) upon promotion to Captain provided that the necessary paramedic certification has been maintained. To ensure that operational needs are met, a maximum number of thirty five employees shall be eligible for Supervisory Paramedic Duty Assignment.

B.A. Bomb Squad Assignment (Hazard Premium) - Firefighter, Fire Engineer , Fire Investigator Supervisor and Fire Captain positions assigned to the Bomb Squad Unit will receive additional com pensation which shall be the amount of the difference between Step five of the Fire Engineer classification and the amount representing 27 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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5.12% above Step five of the Fire Engineer classification. Two team members per shift per each three stations shall be maintained.

C.B. Hazardous Materials Assignment (Hazard Premium) - Firefighter, Fire Engineer, Fire Investigator Supervisor and Fire Captain positions assigned to the Hazardous Materials Assignment will receive additional compensation which shall be the amount of the difference between Step five of the Fire Engineer classification and the amount representing 5.12% above Step five of the Fire Engineer classification. Two team members per shift per each three stations shall be maintained.

D.C. Heavy Rescue Team A ssignment (Heavy/Special Equipment Operator Premium) - Firefighter, Fire Engineer , Fire Investigator Supervisor and Fire Captain positions assigned to the Heavy Rescue Team Assignment will receive additional compensation which shall be the amount of the di fference between Step five of the Fire Engineer classification and the amount representing 5.12% above Step five of the Fire Engineer classification. Two team members per shift per each three stations shall be maintained.

E.D. Bilingual Pay - Effective no later than July 1, 2018, employees, who speak Spanish or any other language designated by the Fire Chief, shall receive bilingual pay provided they pass an examination administered by the Human Resources Department that tests their oral compet ency in job -related situations. Bilingual pay shall be $ 115 per pay period. In the event there are more than 50 employees who receive bilingual pay, the City may require the Association to meet and confer to limit the number of personnel who receive such premium compensation.

F.E. SWAT Paramedic Assignment (Hazard Pay) - Firefighter, Fire Engineer , Fire Investigator Supervisor and Fire Captain Positions assigned to the SWAT Paramedic Assignment will receive additional compensation which shall be the amount of the difference between Step five of the Fire Engineer classification and the amount representing 5.12% above Step five of the Fire Engineer classification. A maximum of 3 team members shall be eligible.

G.F. Investigator Supervisor Education - Investigator Supervisors who complete Basic Public Information Officer (PIO) and Joint Information Center (JIC)/Joint Information System (JIS) training course from the California Specialized Training Institute (CSTI) , and possess a State Company Officer Certification will r eceive 10% above Investigator Supervisors base pay . If the employee does not have the State Company Officer Certification, they must complete the above stated PIO training, all State Company Officer Classes, and the Investigator Supervisor Task Book to receive 10% above base pay.

H.G. Aircraft Rescue & Firefighting (ARFF) Assignment (Hazard Premium) – Firefighter, Fire Engineer, and Fire Captain positions assigned to the ARFF Assignment/Station will receive additional compensation which shall be the amount of the difference between Step five of additional compensation which shall be the amount of the difference between Step five of the Fire Engineer classification and the amount representing

5.12% above S tep five of the Fire Engineer classification. Eight inc entive ARFF positions per shift shall be maintained.

I.H. To be eligible for the skill compensations above, employees must meet the qualifications determined by the Fire Chief.

J.I. Fire Captain 40 -Hour Position Assignment (Fire Staff Premium) – Fire Captains 28 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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assigned to work a 40-hour staff position shall receive 20.77% of base pay.

K.J. Fire Investigation Supervisor 40-Hour Position Assignment (Fire Staff Premium) – Fire Investigation Supervisor positions assigned to work a 40- hour staff position shall receive 10% of base pay.

Section 10.04 Educational Incentive Program
A. Emergency Medical Technician Pay - Employees who have in their possession or who obtain in the future an EMT- 1 Certificate will receive $425 per month in addition to their base pay.

B. Educational Incentive Pay - Employees who have in their possession or who obtain in the future an advanced degree shall be eligible for the following in addition to their base pay:

1. Application for the educational incentive for employees newly eligible or those who become eligible for a higher level of educational incentive must be accompanied by an official transcript issued by a college or university accredited by the Council for Higher Education Accreditation, International Association of Universities, or National Association of Credential Evaluation Services. Compensation for possession of the above referenced degrees shall be effective the later of the first full pay period of July 2023 or the first full pay period following the date on which the required documentation has been submitted.

2. Employees will be eligible for the incentive amount consistent with the highest degree obtained (i.e., no “stacking” degree incentive).

1.3. Professional Development Incentive – Employees in the classification of Fire Captain or Fire Prevention Inspector who continue their education and obtain a Chief Officer certification , or possess the retired Fire O fficer certification, issued by the California Office the State Fire Marshal shall be eligible for $1,250 per month in addition to their base pay. Application for the professional development incentive for employees newly eligible or those who become eligible must be accompanied by a copy of the digital or paper certification issued by State Fire Training. Compensation for possession of the above referenced certification shall be effective the later of the first full pay period of July 2023 or the first full pay period following the date on which the required documentation has been submitted.

Section 10.05 Longevity Pay
Employees who begin the designated year of service as the specified classification shall receive the corresponding longevity pay percentage calculated on their base pay. Employees will also receive credit for professional full-time fire service with prior agencies. Any leave without pay of 60 calendar days or more will be deducted from years of service for purposes of longevity pay.

The Fire Chief shall verify the professional years of service and successful completion of the Degree Incentive Amount
Associate of Arts (AA) $120 / month
Bachelor of Arts or Bachelor of Science BA/BS) $250 / month Master of Arts or Master of Science (MA/MS) $350 / month 29 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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Relief Drivers Test. Once verified and granted, no further testing or test results shall affect longevity pay. For employees that receive longevity pay for 10 years of service and promote to a position that does not receive longevity for 10 years of service, the step increase for the promotion shall be calculate included base and longevity.

Firefighters
Effective Date With Relief
Drivers Test
Without Relief
Drivers Test
Years of
Service
Longevity Pay
Percentage
January 2006
X 20 7.5%
X 25 15%
X 10 5%
X 20 12.5%
X 25 20%

Fire Engineers,
Fire Investigation Supervisors & Fire Captains
Effective Date Years of Service Longevity Pay Percentage January 2006 20 7.5%
25 15%

Section 10.06 Uniform Allowance
The annual uniform allowance amount for all unit employees shall be $1,200 payable the second paycheck in July. Employees who are hired into the bargaining unit for the first time shall receive a uniform allowance amount of $1,200 at the time of hire.

Section 10.07 Court Standby
Employees required to standby for court time will be compensated in accordance with the following conditions and requirements:

A. Court standby time is time spent in the standby status, exclusive of the designated meal break when court adjourns for lunch.

B. Employees placed on court standby time during their off-duty time who are so restricted as to exclude their ability to leave home or the court’s vicinity, will be granted a minimum of two hours of court time. If the employee is placed on court standby time on the day the employee is scheduled to return to duty, the guaranteed minimum time will apply only if there is at least a two hour period between the time indicated on the subpoena and the time the person is required to report for duty.

C. Court time is defined as work time required of an employee attending court in response to a subpoena, a coroner’s inquest, or a hearing or trial in a civil or criminal case at a time other than the employee’s assigned work shift schedule for the purpose of 30 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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testifying as to knowledge acquired or claimed to have been acquired by such employee in the course of employment with the City. Verification documentation by the court will be required as certification of service.

D. Employees place on court standby time during their off -duty time are required to be accessible by telephone, or other methods approved by management during the designated standby time.

Article 11. Benefits
Section 11.01 Active Employee Health Benefits
A. For active employees, the City agrees to continue its Cafeteria Plan for medical, dental and vision insurance. The contribution rates are as follows:

1. Up to a maximum of 100% of the CalPERS medical average premium toward medical insurance premiums; and

2. Up to a maximum of 100% of the employee and eligible dependent coverage for basic dental insurance premiums; and

3. Up to a maximum of 100% of the employee and eligible dependent coverage for basic vision insurance premiums.

B. The contribution rate is contingent upon the category of employee/dependent coverage.

The rates will be adjusted the first paycheck in January of each year.

C. The City agrees that at no time will the contribution, toward the medical premium rates in Section 11.01(A)(1) (“Employee Medical Benefit”), drop below the contribution that was in effect January 1, 2012. That contribution was $544.69 for employee, $1,079.24 for two- party, and $1,398.68 for family coverage.

D. The City shall increase or decrease the maximum monthly Employee Medical Benefit amounts for active employees to the average of the monthly pr emium amounts for the CalPERS (PEMHCA) Health Plans for the region that includes the City of Ontario. The current Employee Medical Benefit is as follows:

Medical Coverage 2018
Employee $626.04
Two-party $1258.63
Family $1633.31

The above amounts are the maximum monthly Employee Medical Benefit amounts toward medical insurance premiums for active employees for each coverage level. Active employees that select medical insurance plans for which the actual premium amounts are less than the maximum contributions shall not receive any remaining contribution amounts. Active employees who select medical insurance plans for which the actual monthly premium amount exceeds the maximum monthly employee medical benefit shall be required to contribute, through payroll deductions, the remaining premium amount due. 31 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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E. The CalPERS (PEMHCA) minimum employer contribution is designated toward the medical premium portion of the Cafeteria Plan and shall be equal for active and retired employees. The maximum monthly Employee Medical Benefit Contribution includes the CalPERS (PEMHCA) minimum employer contribution.

F. Employees must enroll in a City medical plan unless they provide proof of other group insurance coverage and meet any other requirements established by the insurance plan.

Effective the first paycheck in January 2014, employees who waive medical coverage shall receive $390 per month contributed to the Cafeteria Plan. The $390 per month may be taken in cash and/or used to purchase other benefits in the Cafeteria Plan, including the “buy-up” plans for dental or vision insurance.

Section 11.02 Eligibility
To be eligible in any particular pay period to receive the benefits of Section 11.01, employees must code at least 15 hours of paid time in the pay period. Paid time includes regular time and all types of paid leave, including 4850 time, sick, vacation, compensatory time, holiday, bereavement, jury duty, personal, military, catastrophic and administrative leave. Paid time excludes disability payments (including Total Temporary Disability , Short-Term and Long-Term Disability) and periodic special pays such as uniform allowance. If employees are not eligible to receive the contributions pursuant to Section 11.01, they may still maintain benefit coverages at their own expense.

Section 11.03 Retiree Medical Benefit for Employees Appointed to a Regular Sworn Position prior to July 1, 2012 (Tier 1)
A. Definition of Retiree. All unit employees who retire from the City and qualify as an “annuitant” under Government Code Section 22760 shall be eligible for retiree medical benefits under the terms and conditions set forth herein. The terms retiree and annuitant shall mean the same thing pursuant to this section.

B. Definition of Tier 1. Tier 1 is the Retiree Medical Benefit for active and retired employees appointed to a regular sworn position prior to July 1, 2012. Employees originally hired prior to July 1, 2012 who then leave City employment and are subsequently re-hired are eligible for Tier 1 benefits provided their re-hire date is within 12 months of the date they separated from the City. Employees re- hired after the 12 month period will receive Tier 2 re tiree medical benefits even if they are eligible to retain the CalPERS 3% at 50 retirement formula.

C. Vested Benefits for Tier 1. The City agrees that Tier 1 employees and retirees have a vested benefit to retiree medical contributions. These Retiree Medical Benefits herein set forth a re permanently and irrevocably vested for Tier 1 employees. Specifically, the vested benefit is the value of the actual premium cost for the plan and coverage level selected, up to a maximum of 100% of the medical average premium rates for the CalPERS (PEMHCA) Health Plans for the region that includes the City of Ontario. The current Retiree Medical Benefit for Tier 1 employees is listed in Section 11.01.

D. Tier 1 Retiree Medical Benefits

1. Tier 1 retirees who enroll in the CalPERS (PEMHCA) Health Plans shall be eligible to receive the CalPERS (PEMHCA) minimum employer contribution toward their medical plan. Retirees who opt out of enrollment will not receive the CalPERS (PEMHCA) minimum employer contribution.
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2. For Tier 1 retirees who enroll in the CalPERS (PEMHCA) Health Plans, t he City will also contribute directly to the retiree the balance of the cost of the Retiree Medical Benefit consistent with the value of the vested benefit for Tier 1 employees. The vested benefit is the value of the actual premium cost for the plan and coverage level selected, up to a maximum of 100% of the medical average premium rates for the CalPERS (PEMHCA) Health Plans for the region that includes the City of Ontario. The maximum monthly Retiree Medi cal Benefit Contribution includes the CalPERS (PEMH CA) minimum employer contribution. To the extent permitted by the IRS, this contribution shall be made on a pre-tax basis.

E. Medicare Reimbursement

1. A retiree who is eligible for Medicare coverage must enroll in Medicare Parts A and B and select a supplemental health benefits program to receive the Tier 1 Retiree Medical Benefits.

2. The Tier 1 Retiree Medical Benefit shall equal the actual cost of the selected supplemental benefits program (for the retiree plus dependents) up to the maximum of the Tier 1 Retiree Medical Benefit in Section 11.03. For retirees who select a supplemental benefits program that costs less than the maximum monthly Tier 1 Retiree Medical Benefit, the City will pay to the retiree the monthly cost of enrolling in Medicare Parts A and B, not to exceed the maximum monthly Tier 1 Retiree Medical Benefit.

3. The Medicare Reimbursement shall be paid to all retirees who are enrolled in Medicare effective January of that year. To the extent permitted by the IRS, the contribution shall be made on a pre-tax basis.

4. Examples of how the Medicare Reimbursement is calculated are as follows:

Example A: Reimbursement amount is less than retiree Medicare premiums for a Tier 1 retiree.

Description Monthly Amount
CalPERS (PEMHCA) minimum employer contribution $112
Balance of the Tier 1 Retiree Medical Benefit $1286
Total Tier 1 Retiree Medical Benefit $1398
Supplemental Plan $1323
Difference $75
Medicare Premiums $99.99
City’s Medicare Reimbursement to Retiree $75

The City will pay the full cost of the supplemental plan, plus reimburse to the retiree an annual payment of $900 ($75/mo x 12) to be applied to the Medicare premiums.

Example B: Reimbursement amount is same as retiree Medicare premiums for a Tier 1 retiree.

Description Monthly Amount
CalPERS (PEMHCA) minimum employer contribution $112
Balance of the Tier 1 Retiree Medical Benefit $1286
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Total Tier 1 Retiree Medical Benefit $1398
Supplemental Plan $1210
Difference $188
Medicare Premiums $99.99
City’s Medicare Reimbursement to Retiree $99.99

The City will pay the full cost of the supplemental plan, plus reimburse to the retiree an annual payment of $1,199.88 ($99.99/mo x 12) to be applied to the Medicare Premiums.

Section 11.04 Retiree Medical Benefit for Employees Appointed to a Regular Sworn Position On or After July 1, 2012 (Tier 2) A. Definition of Retiree. All unit employees who retire from the City and qualify as an “annuitant” under G overnment Code Section 22760 shall be eligible for retiree health insurance under the terms and conditions set forth herein. The terms retiree and annuitant shall mean the same thing pursuant to this section.

B. Definition of Tier 2. Tier 2 is the Retiree M edical Benefit provision for employees appointed to a regular sworn position on or after July 1, 2012.

C. Tier 2 Retiree Medical Benefits. Tier 2 retirees who enroll in the CalPERS (PEMHCA) Health Plans shall be eligible to receive the CalPERS (PEMHCA) minimum employer contribution toward their medical premium. Retirees who opt out of enrollment in the CalPERS (PEMHCA) Health Plans will not receive the CalPERS (PEMHCA) minimum employer contribution.

D. Tier 2 Retiree Medical Savings Plan

1. For Tier 2 employees, the City shall contribute $ 750 per month (pre -tax) to a Retiree Medical Savings Plan (specifics to be determined at a later date) for the purpose of providing a savings plan for each employee to purchase medical insurance upon retirement. The City agrees that at no time will the contribution, toward the Retiree Medical Savings Plan for Tier 2 employees, drop below the contribution that was in effect July 1, 2012.

2. The $750 monthly payment shall be made while the employee is in active status and will be paid over 24 pay periods (excluding “free” pay periods) per year. To be eligible to receive the payment in any particular pay period, the employee must code at least 15 hours of paid time in the pay period. Paid time includes regular time and all types of paid leave, including 4850 time, sick, vacation, compensatory time, holiday, bereavement, jury duty, personal, military, catastrophic and administrative leave. Paid time excludes disability payments (including Total Temporary Disabili ty, Short-Term and Long-Term Disability) and periodic special pays such as uniform allowance.

3. The administration of the Retiree Medical Savings Plan will be decided upon and agreed to in a separate agreement. If the Association administers the Retiree Medical Savings Plan, the Association and its employees shall enter into an agreement with the City that releases the City from liability and indemnifies the City from any claims 34 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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resulting from the administration of the Retiree Medical Savings Plan.

E. Medicare

1. A retiree who is eligible for Medicare coverage must enroll in Medicare Parts A and B and select a supplemental health benefits program to receive the CalPERS (PEMHCA) minimum employer contribution.

2. The City shall contribute the actual cost of the selected supplemental benefits program for the level of coverage selected up to the maximum of the CalPERS (PEMHCA) minimum employer contribution.

F. Transition

1. The parties acknowledge that it will take some administrative actions to implement the retiree medical provisions agreed to in this Article.

2. If the Retiree Medical Savings Plan is not established by the date a Tier 2 employee is hired, the contributions owed to the employee will be held for the employee. When the Retiree Medical Savings Plan is es tablished, all contributions owed will be deposited into the account on a pre-tax basis to the extent permitted by the IRS. If the employee separates employment prior to the Retiree Medical Savings Plan being established, any accumulated contributions shall be paid to the employee in taxable cash.

3. If for some reason all necessary actions have not been completed prior to the date a Tier 2 employee retires, which could result in the employee receiving the Tier 1 retiree medical amount instead of the CalPERS (PEMHCA) minimum employer contribution, the necessary actions will be completed as soon as possible and the employee will then begin receiving the CalPERS (PEMHCA) minimum employer contribution.

Section 11.05 Insurance Committee
The City agrees to continue the Insurance Committee, which when reviewing Dental and Vision insurance issues, will have a representative, designated by the Association as one of its members. This Committee shall have the responsibility to review the Dental and Vision insurance programs and to represent an employee who has a question to the company. The Committee shall be composed of one representative from the recognized employee units and one member appointed by the City Manager. The Assistant City Manager or Deputy 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 provide to the committee chair.

Section 11.06 Life Insurance
The City will pay a monthly life and accidental death and dismemberment insurance premium providing $110,000 base life insurance and $ 110,000 accidental death and dismemberment insurance for each employee. Employees currently certified as a Bomb Technician and assigned to the Bomb Squad shall be provided an additional $50,000 in accidental death and dismemberment insurance benefits. The cost of the additional insurance benefits shall be paid by the City.

Section 11.07 Deferred Compensation
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The City agrees to contribute $300 per month to deferred compensation on behalf of each employee covered by this MOU.

Effective no later than th e first paycheck in July 2018, the City’s contribution to the 457 (b) plan will be made to the City’s 401(a) money purchase plan instead of the 457(b) plan. An employee may contribute voluntarily in the Section 457(b) plan.

Section 11.08 Employee Assistance Program
A. The City agrees to continue the employee assistance program for all employees within this bargaining unit.

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

Section 11.09 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 entering membership for the first time in a Fire safety classification with the City of Ontario before July 1, 2012 shall be eligible for the 3% at 50 retirement formula for Local Safety members. Classic members entering membership for the first time in a Fire safety classification with the City of Ontario on or after July 1, 2012 shall be eligible for the 3% at 55 retirement formula for Local Safety members.

3. Classic members are eligible for the optional benefit of Government Code Section 20042, Highest Single Year.

4. The City shall pay on behalf of the employee a portion of the employee’s required pension contribution as follows:

Effective Date
City’s Contribution
toward Employee’s
Share
Employee’s Contribution
toward Employee’s
Share
Current 3% 6%
January 7, 2018 2% 7%
January 6, 2019 1% 8%
January 5, 2020 0% 9%

5. To the extent permitted by the IRS, pension contributions shall be made on a pre- tax basis.
36 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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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 entering membership for the first time in a Fire safety classification shall be eligible for the 2.7% at 57 retirement formula for Local Safety members.

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 11.25%. This amount will be adjusted periodically by CalPERS.

4. To the extent permitted by the IRS, pension contributions shall be made on a pre- tax basis.

C. Optional Benefits for Classic and New Members
The City ’s contract with CalPERS includes the following optional benefits for both classic and new Local Safety members.

1. 50% Post Retirement Survivor Allowance – Government Code Sections 21624 and 21626

2. Sick Leave Credit – Government Code Section 20965

3. Military Service Credit (Stats 74) – Government Code Section 21024

4. Retiree Death Benefit $500 – Government Code Section 21620

5. 2% Cost of Living Adjustment – Government Code Section 21329

6. Two Years Additional Service Credit (only within specified window period) – Government Code Section 20903

7. Cancellation of Election upon Industrial Disability Retirement/Special Death – Government Code Section 21037

8. Post Retirement Survivor Allowance Continuance – Government Code Section 21635

9. 1959 Survivor Benefits Level 4 – Government Code Section 21574

10. Pre-Retirement Option 2w – Government Code Section 21548

11. Death Benefit Continuance – Government Code Section 21551 Section 11.10 Long-Term Disability
The City shall reimburse to each unit employee $24.50 per month for long- term disability insurance obtained from and maintained through the Association. The Association will provide at least annually and upon request by the City a list of employees enrolled in the plan.

Section 11.11 Flexible Spending Account

Effective January 1, 2024, the City will offer to all unit employees the opportunity to participate in Flexible Spending Accounts (FSA). An FSA allows an employee to make pre- tax deductions for qualifying medical, dental and vision expenses, and dependent care expenses. The plan is 37 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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established and administered in accordance with Section 125 of the Internal Revenue Service code.

Article 12. Association Membership and Activity
Section 12.01 Dues Deduction
A. The City agrees to deduct from the pay of each employee who signs an authorized payroll deduction card a monthly sum certified to him/her by the Treasurer of the Association as the regular monthly dues of the Association. The City will not deduct any pay for initiation fee fines or other special assessments. Dues deduction shall be a specified uniform amount for each employee in the Association. The dues deduction may be terminated at an y time by the employee by written notice to the Director of Human Resources and the Treasurer of the Association. Any change in the amount of the dues deducted shall be by written authorization of each member of the Association.

The request for a change shall be submitted at least 30 days prior to the effective date of the change.

B. The employee’s earnings must be regularly sufficient, after other legal and required deductions are made, to cover the amount of the dues check off authorized. When a member in good standing of the Association is in a non- pay status for an entire pay period, no dues withholding will be made to cover that period from future earnings, nor will the member deposit the amount with the City which would have been withheld if the member had been in a pay status during that period. 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, no deduction shall be made. In this connecti on, all other legal and required deductions have priority over employee organization dues.

C. Dues withheld by the City shall be transmitted to the officer designated by the Association in writing, at the address specified in the letter of authorization.

D. The Association 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 Association dues. In addition, the Association shall refund to the City of Ontario any amounts paid to it in error, upon presentation of supporting evidence.

Section 12.02 Association Vacation Leave
A. The City agrees to permit the use of exchange time by Association members for the purpose of conducting authorized Association bus iness. The Association agrees to provide an appropriate replacement during that period of time. The Association further agrees to assume any and all financial liability for wages, which the replacement may claim against the City for the time worked as a replacement by reason of this article.

The City and the Association agree to meet and confer on any changes in this policy as may be made necessary by any other legislation.

B. The following provisions will be effective in addition to Section 12.02(A):

1. The City agrees to grant release time of Association members for the purpose of conducting authorized Association business. The amount of Association vacation leave shall be 5 hours per year times the number of contributing employees. 38 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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2. To fund thi s program, the vacation leave accruals for each employee shall be reduced by 2.5 hours the first full pay period in April and the first full pay period in October. The City will notify the Association regarding how many hours were deducted. If an employee does not have vacation time to deduct, the Association will not receive credit for those hours.

3. The City recognizes that informed and engaged Union leadership is important to the success of the Fire Department and the City. The parties shall work together to afford reasonable time off for Association activities to include meetings, conventions, conferences and negotiations, based on the Department’s operational needs and prior approval by the Fire Chief or designee.

4. Employees authorized to utilize hours of Association vacation leave are members of Board to perform Association business. Employees using Association vacation leave are subject to the departmental vacation leave policies. This time shall be used in a manner that does not disrupt the operations of the Department.

5. Association vacation leave shall not be used for any actions in conflict with California Labor Code 1962.

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

7. The Association will provide the names of the Association’s Board members to the Human Resources’ Department in writing any time there is a change in the Board members.

Article 13. Grievance Procedure
Section 13.01 Definitions
A. COMPLAINT – A concern of an employee, which arises from the application of this MOU, existing City Rule(s), Regulation(s) or written policy (policies).

B. GRIEVANCE – A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this MOU, existing City Rule, Regulation or written policy.

C. G
RIEVANT - A regular or probationary employee who allege(s) in a grievance that he/she has been directly wronged by a violation of a specific term(s) of this MOU, existing City Rule(s), Regulation(s) or written policy (policies). The term “grievant” as used in this Article may refer to the Association when alleging a violation of Article 12, as provided for in this MOU.

D. IMMEDIATE SUPERVISOR – The appropriate non- bargaining unit supervisory or management person to whom the employee is accountable.

E. REPRESENTATIVE – An employee or representative of the Association who at the grievant’s request may be present at Levels I through IV. Representation of the employee at Level V shall be by an Association designated representative. 39 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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F. RESPOND AND FILE – Personal delivery or deposit in the U.S. mail, postage prepaid. 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 is used, the calendar date of delivery shall establish the date of response or filing.

Section 13.02 Level I – Informal Review
A. An employee shall have the right to present a complaint and to have the c omplaint considered with the immediate supervisor no later than seven working days after the event giving rise to the complaint, or no later than seven working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

B. The employee, 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 seven working days after the Level I meeting.

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

Section 13.03 Level II – Formal
A. If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance with a Deputy Fire Chief no later than seven working days after the response of the immediate supervisor at Level I. The grievant shall state clearly and concisely on a grievance form provided by the City:

1. The specific term(s) of the MOU, City Rule(s) , Regulation( s) or written policy(policies) which 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(s) , Regulation(s) or written policy(policies);

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. A Deputy Fire Chief shall hold a meeting with the grievant at a mutually acceptable time and location no later than seven working days after the receipt of the grievance. The Deputy Fire Chief shall then respond in writing to the grievant within seven working days of the Level II meeting.

Section 13.04 Level III
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A. In the event the grievance is not settled at Level II, the grievant may file the Level III grievance with the Fire Chief no later than five working days after the Level II response.

The grievant shall include in the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory. The Fire Chief may hold a meeting with the grievant at a mutually acceptable time and location. The Fire Chief shall respond to the grievant no later than five working days after the receipt of the Level III grievance. Should additional time be requi red for investigation purposes, the response time may be extended to meet this need.

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 s hall not be made by the grievant after the Level III filing date, except by mutual agreement.

Section 13.05 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 or designee no later than ten working days after the receipt of the Level III response.

B. The grievant or the City Manager or designee 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 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.

C. If the grievance has not been settled at Level IV, then within 21 calendar 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 Association may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Human Resources Director. If the Association wishes to proceed to binding arbitration, it shall so state in this request. Such request will be submitted to the City Council for determination. The City Council may, if it so desires, order the grievance submitted to binding arbitration.

Section 13.06 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 in both parties.

C. The cost of any arbitration proceeding shall be divided equally between the City and the employee or the employee organization to which the employee may belong.

D. Failure on the part of the City representative or grievant to appear in any case before the arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration.

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.
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F. The cost of the arbitration, including advocate, court reporter, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, other than City employees, however, shall be borne by the party who calls them.

G. 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 13.07 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.

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 Agreement may continue under the grievance procedure in effect at the time of the initial filing.

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

E. The preparation of grievances shall not interfere with the operation of the department.

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

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. The grievant shall not f ile any subsequent grievance on the same alleged incident.

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

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

K. 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.

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

M. The City agrees to permit an employee and the immediate Association Representative to consult during work hours concerning a potential grievance subject to obtaining approval from the employee’s first line supervisor. The Association agrees that this 42 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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privilege shall not be utilized to prepare formal 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 Association Representative and the employee after working hours for the preparation of a legitimate grievance. The City agrees to encourage cooperation with the Association Representative and employees in this regard, provided that the City will 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 meet and confer with the Association in order to avoid the necessity of exercising this right.

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

1. Each employee in the “group” grievance is individually named.

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

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

Article 14. Layoff Procedure
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 employee’s organization are to be given two weeks’ notice before such a layoff is to take place.

The City shall meet and consult with the concerned employee organization on such matters as the timing of the layof f and the number and identity of the employee(s) affected by the layoff during the two weeks period prior to the proper layoff action.

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; 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 apprised 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) 43 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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seniority provided it is in a position in which the employee formerly held a regular appointment, or 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 him/her, and shall in the same manner, be el igible to displace to a position in a classification in which the employee formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification.

E. Failure to return to work from layoff within 15 calendar days after notice to return by certified or registered mail to the employee at the employee’s last known address on file with the City Human Resources Department or by personal delivery shall constitute the employee’s waiver to return to work and eliminates any future re -employment responsibilities placed on the City.

Article 15. Holidays
Section 15.01 Paid Holidays
A. The following paid holidays, except as provided in Section 15.02 below, shall be observed on the day specified.

New Years Day January 1st
Martin Luther King’s Birthday 3rd Monday in January
Lincoln’s Birthday February 12th
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Admission Day September 9th
Columbus Day 2nd Monday in October
All Statewide Election Days
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
Every day designated by the President of the United States or by the Governor of the State of California. Any special holiday called by the President or Governor of the State of California. Any special holiday or Designated day called by the President or Governor shall be paid on a one-time only basis.

Section 15.02 Holiday Work Compensation (Holiday Pay)
44 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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A. Shift employees will receive 12 hours credit for each of the above holidays in accordance with the hours/holiday formula in effect at the beginning of this MOU regardless of whether the employee is on or off duty when the holiday occurs.

B. The City agrees to pay for holiday credit in a separate check the first “full” pay period in November. This check will be subject to the regular deductions.

Article 16. Vacation
Section 16.01 Vacation Accrual

Employees shall accrue vacation hours evenly over 26 pay periods each year as follows:

A. Shift Personnel
Year of Service # of 24 Hour Vacation
Shifts Earned
1 – 4 7
5 - 9 9
10 – 14 11
15 – 19 12
20 – 24 13
25 – 29 14
30 + 15
B. Non-Shift Personnel
Year of Service # of Hours Earned
1 – 3 120144
4 152128
5 – 9 136160
10 – 14 176200
15 – 19 184208
20 – 24 192216
25 – 29 200224
30+ 208232
Section 16.02 Vacation Carry – Over
The maximum amount of vacation time that can be “carried over” from year-to-year shall be 400 hours.

This maximum limit can be extended for a specified period of time upon recommendation of the Fire Chief and approval of the City Manager if an employee is unable to take vacation due to operational needs.

Section 16.03 Vacation Conversion

45 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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The accrued vacation balance of employees transitioning between a shift classification and a non- shift classification will be subject to conversion on the effective date of such transition. An employee transitioning from a shift classification to a non-shift classification will have their current vacation balance divided by 1.325 to determine the number of vacation hours available at the beginning of the employee's non -shift assignment. An employee transitioning from a non- shift classification to a shift classification will have their current vacation balance multiplied by 1.325 to determine the number of vacation hours available at the beginning of the employee's shift assignment.

Article 17. Leaves of Absence with Pay

Section 17.01 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. Death in the immediate family.

5. Sickness of immediate family as provided for in Section 17.01(B)

6. Resolution of issues related to the employee being a victim of domestic violence, sexual assault, or stalking.

B. 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 shall be consisted with the definition of “family member” in California labor code section 245.5 (4)(c). 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 l egal 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.

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

3. Employees must inform their supervisor when requesting the leave that the leave is being taken pursuant to this provision (“KinCare” leave).

C. This provision may be changed if any changes are made to Labor Code Section 233 D. A City employee is not entitled to sick leave for illness or injury arising out of 46 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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employment, other than employment for the City, for monetary gain or other compensations, or by reason of engaging in busi ness or activity for monetary gain or other compensation.

E. Employees accrue 144 hours of sick leave per year, spread evenly over 26 pay periods.

Non-shift employees accrue 96 hours per year, spread evenly over 26 pay periods.

F. During the first six months of service, sick leave and vacation time may be used for bona fide personal injury or illness. If an employee does not complete the probationary period, any wages advanced to the employee to cover sick leave shall be deducted from the final paychec k. Upon satisfactory completion of six months service, an employee shall be credited with earned sick and vacation leave less any days that may have been used for an illness or injury during the first six months of service.

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

H. The employee may use sick leave for leave pursuant to California Labor Code Section 233 (KinCare). See Section 17.06 Family Medical Care Leaves.

I. Sick leave shall not be taken as vacation time or compensated for in money at any time unless taken off as defined in Section 17.01A above.

J. All determinations of sick leave shall be made by the department head concerned subject to the approval of the Personnel Officer.

K. Shift employees are given credit for 12 hours sick leave each month. If an employee is absent for a 24-hour duty period, the employee is charged with using 24 hours of sick leave credit.

Section 17.02 Bereavement Leave
A. Immediate family for purposes of Sections 17.02 and 17.03 is defined as spouse, domestic partner, 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.

B. In the event of a death in the employee’s immediate family, non -shift employees shall be granted three (3) working days paid bereavement leave. Shift employees will be granted two (2) shifts paid bereavement leave. Such bereavement leave shall not be charged against the employee’s sick leave, vacation or accrued compensatory time.

Shift and non -shift employees shall be granted additional working days of unpaid bereavement leave in the event of a death in the employee's immediate family member, not to exceed a total of five (5) working days of paid and unpaid bereavement leave.

The employee may elect to use accrued time off including sick leave, vacation or accrued compensatory time to cover all or a p ortion of the unpaid portion of their bereavement leave.

C. A maximum of five (5) working days paid bereavement leave shall be granted non-shift employees if there is a death in the immediate family outside the State boundaries.

Shift employees will be granted two (2) shifts paid bereavement leave with a maximum of three shifts if the death in the immediate family is outside the State boundaries. Such leave will not be charged against sick leave, vacation, or accrued compensatory time. 47 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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Shift employees shall be granted additional working days of unpaid bereavement leave in the event of a death in the employee's immediate family member, not to exceed a total of five (5) working days of paid or unpaid bereavement leave. The employee may elect to use accrued t ime off including sick leave, vacation or accrued compensatory time to cover all or a portion of the unpaid portion of their bereavement leave.

D. 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.

E. Non-shift employees shall be granted one (1) working day paid personal leave to attend the funeral of a close relative not in the employee’s immediate family. Shift employees will be granted one (1) shift.

A. Immediate family for purposes of Sections 17.02 and 17.03 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.

B. In the event of a death in the employee’s immediate family, non -shift employees shall be granted three working days paid bereavement leave. Shift employees will be granted two shifts paid bereavement leave. Such bereavement leave shall not be charged against the employee’s sick leave, vacation or accrued compensatory time.

C. A maximum of five working days paid bereavement leave shall be granted non- shift employees if there is a death in the immediate family outside the State boundaries.

Shift employees will be granted two shifts paid bereavement leave with a maximum of three shifts if the death in the immediate family is out side the State boundaries. Such leave will not be charged against sick leave, vacation, or accrued compensatory time.

D. Non-shift employees shall be granted one working day paid personal leave to attend the funeral of a close relative not in the employee’s immediate family. Shift employees will be granted one shift.

E. Employees may be excused by department heads to attend the funeral of deceased City employees without loss of pay.

F. Employees may be required to furnish evidence satisfactory to the City of the f amily member’s death and the employee’s relationship to the deceased family member.

Section 17.03 Personal Leave
A. An employee may use any compensatory time the employee has accrued, but no more than three working days 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:

1. Sickness within the employee’s immediate family,

2. Bereavement leave for other than members of the employee’s immediate family,

3. Court appearances when required to be present,
48 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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4. Observance of one recognized annual religious service, and

5. Any other personal need requiring a leave during working hours when approved by the City Manager upon the recommendation of the department head or his authorized representative.

B. Court appearances, observances of a recognized annual religious service, and other personal needs requiring an appointment during working hours are purposes for which the employee must provide no less than two working days written notice. 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 used in accordance with the rules set forth in the Personnel Rules and Regulations Manual and shall be charged at the employee’s discretion against any unused sick leave, vacation, or compensatory time the employee has accumulated provided there is not conflict with the conditions outlined above. Additional leave may be authorized by the City Manager from any accrued, or without pay.

Section 17.04 Paternity Leave
A. Each employee will be entitled to two working days paternity leave in the event the employee’s wife/partner gives birth to the employee’s child. Such leave may be taken at the employee’s discretion within 6 weeks before or after the estimated due date.

These days will be taken without charge to the employee’s accrued time. These days will also be considered as leave under the provisions of FMLA/CFRA. See also 17.06 Family Medical Care Leaves.

B. Notice of such leave must be provided by the employee in advance so that the operational needs of the department are met.

C. The employee may be required to furnish evidence satisfactory to the City of the birth.

Section 17.05 Catastrophic Leave Program
A. The City agrees to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury caused by either physical or mental impairment or other unforeseen catastrophic event as determined by the Fire Chief and approved by the City Manager.

B. The City also agrees to permit employees to contribute a port ion of their accrued vacation leave and/or compensatory time to another employee when such 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 may not be donated in this instance.

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

1. The Human Resources Department shall review all requests from the receiving 49 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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employee to determine eligibility for catastrophic leave prior to the receiving employee or the employee’s Department requesting donations.

2. Such illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attention. A statement from the employee’s treating physician or the employee’s immediate family members’ treating physician is required.

3. The receiving employee has been absent from work due to injury or prolonged illness as defined above and has exhausted all accrued leave and is therefore facing financial hardship.

4. Pregnancy is excluded from this provision. Injuries or illness resulting from a pregnancy may be covered under this provision with a statement from the employee’s or the employee’s immediate family members’’ treating physician as the final authority.

5. The employee will be on a medical leave of absence for over 40 hours for non- shift personnel and two shifts for shift personnel due to the illness or injury.

6. Contributing employee must have at least 96 hours sick leave remaining after such contribution and the leave application rate will be based on the contributing employee’s dollar value, which will be adjusted proportionally to the receiving employee’s rate.

7. The transfers must be in whole hour increments. The amount or the donation will be made in accordance with the recipient’s need by the Human Resources Department.

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

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

10. The types of accrual time which may be donated shall be as follows:
a. Sick leave to employees in all bargaining units for verifiable illness or injury caused by either physical or mental impairment.
b. Vacation and compensatory time to employees in all bargaining units and for instances as defined in Section 17.05 as, “…other unforeseen catastrophic event as determined by the Fire Chief and approved by the City Manager” as well as an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent, or child.

Section 17.06 Family Medical Care Leaves
A. Family Leave shall be granted in accordance with the California Rights Act of 1991 and the Family and Medical Leave Act of 1993, and any modified provisions and interpreted regulations for those respective statutes. For information concerning FMLA or CFRA, contact the Human Resources Department.

B. Maternity, Paternity and Family Medical Care Leave of up to 12 weeks shall be granted in accordance with FMLA and CFRA statutes.

C. The employee may utilize up to six weeks of accrued sick leave for leave of absences 50 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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that fall under the provisions of the FMLA and CFRA. This 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 the unpaid leave provisions of FMLA and CFRA.

D. Maternity leave may be extended at the request of the employee for a period not to exceed three months.

E. Employees may use up to half of their annual sick leave accruals 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 spouse, children (biological, foster, adopted, stepchild, or legal ward), or parent (biological, foster, adoptive, stepparent, or legal guardian) for purposes of family sick leave usage as defined in Labor Code Section 233.

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

3. Employees must inform their supervisor when requesting the leave that the leave is being taken pursuant to this provision (“KinCare” leave).

4. This provision may be changed if any changes are made t o Labor Code Section 233.

Article 18. Safety Program

The Association and the City agree to utilize their best efforts in cooperation to develop a safety program whereby all employees are provided a safer working environment. Included among, but not limited to such e fforts, shall be a joint safety committee, recommendations on safety equipment, and the encouragement of the use of existing safety equipment.

Article 19. Training and Certifications
A. The City agrees to continue its participation in the California Firefighter Joint Apprenticeship Committee Program for the duration of this MOU. Such agreement of participation is contingent upon all elements, conditions, and provisions relative to the program remaining unchanged from that which was in effect at the t ime the MOU became effective.

B. The City will continue to pay the fees required for the State of California EMT- P licensure and San Bernardino County (ICEMA) accreditation for personnel certified as paramedics.

Article 20. 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 51 ONTARIO FIREFIGHTERS ASSOCIATION 01/01/1807/01/2023 – 06/30/2227

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section shall be deemed null and void and of no further effect. However, such artic les and sections shall be severable from the remainder of this MOU, and all other provisions hereof shall continue in full force and effect.

Article 21. Duration and Implementation
C. This MOU shall upon ratification by both parties become effective January 1, 2018July 1, 2023 and will remain in full force and effect up to and including June 30, 20272.

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

All terms and conditions set forth in this MOU are hereby ratified by the unit members and approved by the City Council on the 16th day of January, 2018June 2023.

City of Ontario
Ontario Firefighters Association
Local 1430 I.A.F.F

Scott Ochoa
City Manager Date Kevin Fugate
President Date

Angela C. Lopez
Director of Human Resources Date Geoffrey Trapani
Vice President Date

52 APPENDIX A
Ontario Firefighter Association
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Firefighter Trainee 1 $39.91 $6,917.73 $41.11 $7,125.73 2 $41.90 $7,262.67 $43.16 $7,481.07
3 $44.00 $7,626.67 $45.32 $7,855.47
4 $46.20 $8,008.00 $47.59 $8,248.93
5 $48.51 $8,408.40 $49.97 $8,661.47
Firefighter - 40 hr 1 $44.08 $7,641.01 $45.41 $7,870.68 2 $46.26 $8,022.26 $47.65 $8,263.41
3 $48.58 $8,419.58 $50.04 $8,672.21
4 $51.01 $8,844.46 $52.55 $9,110.88
5 $53.56 $9,285.42 $55.17 $9,565.62
Firefighter - 56 hr 1 $33.27 $7,641.01 $34.27 $7,870.68 2 $34.93 $8,022.26 $35.98 $8,263.41
3 $36.66 $8,419.58 $37.76 $8,672.21
4 $38.51 $8,844.46 $39.67 $9,110.88
5 $40.43 $9,285.42 $41.65 $9,565.62
Fire Engineer - 40 hr 1 $52.52 $9,103.99 $54.10 $9,377.29 2 $55.15 $9,558.73 $56.81 $9,845.81
3 $57.91 $10,036.43 $59.65 $10,339.59
4 $60.78 $10,534.81 $62.61 $10,851.75
5 $63.81 $11,060.75 $65.73 $11,393.76
Fire Engineer - 56 hr 1 $39.64 $9,103.99 $40.83 $9,377.29 2 $41.62 $9,558.73 $42.87 $9,845.81
3 $43.70 $10,036.43 $45.02 $10,339.59
4 $45.87 $10,534.81 $47.25 $10,851.75
5 $48.16 $11,060.75 $49.61 $11,393.76
Fire Captain - 40 hr 1 $62.07 $10,757.59 $63.94 $11,081.42 2 $65.19 $11,301.90 $67.15 $11,641.80
3 $68.44 $11,862.28 $70.50 $12,218.27
4 $71.86 $12,457.12 $74.02 $12,831.48
5 $75.43 $13,079.52 $77.70 $13,472.25
Fire Captain - 56 hr 1 $46.84 $10,757.59 $48.25 $11,081.42 2 $49.21 $11,301.90 $50.69 $11,641.80
3 $51.65 $11,862.28 $53.20 $12,218.27
4 $54.24 $12,457.12 $55.87 $12,831.48
5 $56.95 $13,079.52 $58.66 $13,472.25
Fire Investigation Supervisor - 40 hr 1 $62.07 $10,757.59 $63.94 $11,081.42 2 $65.19 $11,301.90 $67.15 $11,641.80
3 $68.44 $11,862.28 $70.50 $12,218.27
4 $71.86 $12,457.12 $74.02 $12,831.48
5 $75.43 $13,079.52 $77.70 $13,472.25
Fire Investigation Supervisor - 56 hr 1 $46.84 $10,757.59 $48.25 $11,081.42 2 $49.21 $11,301.90 $50.69 $11,641.80
3 $51.65 $11,862.28 $53.20 $12,218.27
4 $54.24 $12,457.12 $55.87 $12,831.48
5 $56.95 $13,079.52 $58.66 $13,472.25
July 3, 2023 July 14, 2024
Approximate Salaries*
1 of 1
53 Memorandum of
Understanding

Between
Association of Ontario
Management Employees

And

City of Ontario

July 1, 20212023

through

June 30, 20232025

54 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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Table of Contents

ARTICLE I. ADMINISTRATION .............................................................................. 4 Section 1.01 Parties to the Agreement ............................................................................... 4 Section 1.02 Recognition .................................................................................................... 4 Section 1.03 City Personnel Rules ..................................................................................... 5 Section 1.04 Effect of Agreement ....................................................................................... 5 Section 1.05 Definitions ...................................................................................................... 6 Section 1.06 Management Rights ....................................................................................... 6 Section 1.07 Employee Rights ............................................................................................ 7 ARTICLE II. EMPLOYMENT PROVISIONS .................................................................. 7 Section 2.01 Probationary Period ....................................................................................... 7 Section 2.02 Hours of Work ................................................................................................ 8 Section 2.03 Transfers and Job Changes ........................................................................... 8 Section 2.04 Layoff Procedures .......................................................................................... 9 ARTICLE III. CLASSIFICATIONS ............................................................................10 Section 3.01 New Classifications .......................................................................................10 ARTICLE IV. COMPENSATION ...............................................................................10 Section 4.01 Salary ...........................................................................................................10 Section 4.02 Pay Plan and Benefits Review ......................................................................10 Section 4.03 Overtime/Compensatory Time ......................................................................10 Section 4.04 Overtime/Compensatory Time for Direct Dispatching Services .....................11 Section 4.05 Skills and Certifications .................................................................................12 Section 4.06 Merit Increases .............................................................................................13 Section 4.07 American Rescue Plan Act Premium ............................................................14 ARTICLE V. LEAVES – PAID AND UNPAID ..............................................................14 Section 5.01 Holidays ........................................................................................................14 Section 5.02 Annual Leave ................................................................................................15 Section 5.03 Use of Retained Sick Leave ..........................................................................18 Section 5.04 Management Leave ......................................................................................18 Section 5.05 Personal Leave .............................................................................................19 Section 5.06 Bereavement Leave ......................................................................................19 Section 5.07 Family Medical Care Leaves .........................................................................20 Section 5.08 Catastrophic Leave .......................................................................................20 Section 5.09 Jury Duty ......................................................................................................21 ARTICLE VI. BENEFITS .......................................................................................23 Section 6.01 Health Insurance Contribution .......................................................................23 Section 6.02 Fringe Benefit Contribution ...........................................................................23 Section 6.03 Insurance Committee ....................................................................................25 Section 6.04 Flexible Spending Accounts ..........................................................................25 Section 6.05 Retirement ....................................................................................................26 Section 6.06 Deferred Compensation ................................................................................27 Section 6.07 Employee Assistance Program .....................................................................27 Section 6.08 Tuition Reimbursement .................................................................................27 Section 6.09 Meal Reimbursement ....................................................................................28 Section 6.10 Uniforms .......................................................................................................28 ARTICLE VII. GRIEVANCE PROCEDURE ...................................................................28 Section 7.01 Definitions .....................................................................................................28 Section 7.02 Level I - Informal Review ..............................................................................29 Section 7.03 Level II - Formal ............................................................................................ 29 Section 7.04 Level III .........................................................................................................30 55 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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Section 7.05 Level IV.........................................................................................................30 Section 7.06 Level V - Arbitration ......................................................................................30 Section 7.07 General Provisions .......................................................................................31 Section 7.08 Authority of Third Party .................................................................................32 ARTICLE VIII. DISCIPLINARY ACTION .....................................................................32 Section 8.01 Definition .......................................................................................................32 Section 8.02 Notification and Appeal Procedure ................................................................32 Section 8.03 Arbitration Procedures ..................................................................................33 Section 8.04 Written Rebuttals ..........................................................................................33 ARTICLE IX. ASSOCIATION MEMBERSHIP AND ACTIVITY ..........................................34 Section 9.01 Release Time ...............................................................................................34 Section 9.02 Records ........................................................................................................34 Section 9.03 New Employee Orientation ...........................................................................34 ARTICLE X. GENERAL PROVISIONS ......................................................................34 Section 10.01 Personnel Files .............................................................................................34 Section 10.02 Overpayments, Recovery and Underpayments .............................................35 Section 10.03 Direct Deposit and Electronic Pay Advice .....................................................35 Section 10.04 Separability ...................................................................................................36 Section 10.05 Duration and Implementation ........................................................................36 ARTICLE XI. FINAL SIGNATURES ..........................................................................37

APPENDIX A. SALARY GRADE TABLE

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Article I. ADMINISTRATION
Section 1.01 Parties to the Agreement
This Memorandum of Understanding (hereinafter known as the Agreement) is made and entered into by and between the City of Ontario (hereinafter known as the City) and the Association of Ontario Management Employees (hereinafter known as the Association).

Section 1.02 Recognition
The City hereby formally recognizes the Association as the Representative for those regular employees employed by the City and defined in Rule I, Section 9 of the Personnel Rules and Regulations, in the following classifications.

Accounting Manager Administrative Officer
Assistant City Engineer Assistant Parks and Maintenance Director Assistant Planning Director Broadband Coordinator
Broadband Operations Manager Business License Supervisor City Auditor Community Improvement Supervisor
Community Information Supervisor Community Life and Culture Officer Community Relations and Communication
Manager Continuum of Care Manager
Deputy Fire Marshal Economic Development Coordinator
Emergency Manager EMS Nurse
Environmental Programs Manager Fire Communications Manager Fire Protection Analyst Fleet Services Manager
Forensic Manager Integrated Waste Assistant Division Manager Integrated Waste Division Manager Internal Audit Manager Library Services Manager Museum, Arts and Culture Manager Parks and Maintenance Manager Payroll Manager
Performance and Optimization Manager Plan Check Engineer Police Administrative Manager Police Communications Manager Police Records Manager Principal Broadband Analyst
Principal Engineer Principal Human Resources Agency Partner Principal IT Analyst Principal Planner
Principal Project Manager Principal Risk Management / Benefits Agency Partner
Project Manager Public Facilities Maintenance Manager
Purchasing Manager Recreation/Community Services Manager Revenue Manager Senior Associate Civil Engineer
Senior Associate Engineer Senior Financial Analyst
Senior Landscape Architect Senior Legislative Analyst
Senior Management Analyst Senior Network Engineer
Senior Plan Check Engineer Senior Planner
Senior Project Coordinator Senior Project Manager
Supervising Building Inspector Supervising Managing Curator Supervising Plans Examiner Supervising Public Works Inspector Sustainability Program Manager Traffic/Transportation Manager Urban Forestry Manager Utilities Customer Services Supervisor Utilities Engineering Division Manager Utilities Operations Assistant Division Manager 57 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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Utilities Operations Division Manager Utilities Project Manager Water Production Manager Water Quality Programs Manager Water Resources Manager Water/Sewer Maintenance Manager

Classification Listing
Accounting Manager Administrative Officer
Assistant City Engineer Assistant Parks and Maintenance Director Assistant Planning Director Broadband Coordinator
Broadband Operations Manager City Auditor
Community Improvement Supervisor Community Information Supervisor Community Life and Culture Officer Continuum of Care Manager Deputy Fire Marshal Economic Development Coordinator
Emergency Manager EMS Nurse
Environmental Programs Manager Fire Communications Manager Fire Protection Analyst Fleet Services Manager
Forensic Manager Integrated Waste Assistant Division Manager Integrated Waste Division Manager Internal Audit Manager Library Services Manager Parks and Maintenance Manager
Payroll Manager Performance and Optimization Manager
Plan Check Engineer Police Communications Manager
Police Records Manager Principal Broadband Analyst
Principal Engineer Principal IT Analyst
Principal Planner Principal Project Manager
Project Manager Public Facilities Maintenance Manager
Purchasing Manager Records Manager
Recreation/Community Services Manager Revenue Manager
Senior Associate Civil Engineer Senior Associate Engineer Senior Financial Analyst Senior Human Resources Analyst Senior Landscape Architect Senior Legislative Analyst
Senior Management Analyst Senior Network Engineer
Senior Plan Check Engineer Senior Planner
Senior Project Coordinator Senior Project Manager
Supervising Building Inspector Supervising Managing Curator Sustainability Program Manager Traffic/Transportation Manager Utilities Customer Services Supervisor Utilities Engineering Division Manager Utilities Operations Assistant Division
Manager
Utilities Operations Division Manager
Utilities Project Manager Water Production Manager
Water Quality Programs Manager Water Resources Manager
Water/Sewer Maintenance Manager
Section 1.03 City Personnel Rules
It is understood and agreed that there exists within the City certain personnel rules, policies, practices, and benefits, generally contained in the “City of Ontario Personnel Rules and Regulations,” and the “Employment Policies” in the City’s Online Policy Center which will continue in effect, except for those provisions modified by this Agreement, unless and until modified in accordance with state laws, orders, regulations, official instructions or policies . This section will conform within the scope of Meyers-Milias-Brown Act.

Section 1.04 Effect of Agreement
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The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity is set forth in this Agreement.

This Agreement supersedes all previous agreements, understandings, and prior practices related to matters included within this Agreement.

Section 1.05 Definitions
A. Bargaining Unit
The employees defined in Section 1.02, Recognition.

B. Calendar Year
The period of 12 consecutive months commencing on January 1st 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 calendar day, unless specified otherwise.

E. Emergency
A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

F. Employee

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

2. Probationary Employee – A regular employee who has not completed the probationary period.

G. Week
Seven consecutive days beginning on Sunday and going through Saturday.

H. Working Day
A daily work period 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; and an employee on a 4/10 work schedule would have a ten-hour working day.

Section 1.06 Management Rights
A. There are no provisions in the Agreement that will be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to 59 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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entering into this Agreement unless and only to the extent that the provisions of the Agreement specifically curtail or limit such rights, powers, and authority.

B. The rights of the City include, but are not limited to:

1. The exclusive right to determine the mission of its constituent departments, commissions, and boards.

2. Set standards of service.

3. Determine the procedure and standards of selection for employment and promotion.

4. Direct its employees.

5. Relieve its employees from duty because of lack of work or for other legitimate reasons.

6. Maintain efficiency of government operations.

7. Determine the methods, means, and personnel by which government operations are to be conducted.

8. Determine the content of job classifications.

9. Take all necessary actions to carry out its mission in emergencies.

10. Exercise complete control and discretion over its organization and the technology of performing its work.

11. To discharge, suspend, demote, reprimand, and withhold salary increases and benefits, or otherwise discipline employees for cause.

12. To establish reasonable employee performance standards including, but not limited to, quality and quantity standards, and to require compliance herewith.

C. Where required by law, the City agrees, prior to implementation, to meet and confer with the Association over the impact of the exercise of a City right upon wages, hours, and other terms and conditions of employment of its members unless the impact consequences of the exercise of a management right upon the Association members is provided for in this Agreement, Personnel Rules and Regulations or Administrative Manual.

Section 1.07 Employee Rights
A. The City will afford regular employees the procedural due process safeguards as set out in the published decisions of the California courts.

B. An employee will have the right to representation by a representative of their choice 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.

Article II. EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
A. Objective
The probationary period is to be regarded as an integral part of the testing procedures and shall be utilized for closely observing an employee's work and 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 60 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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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 into the classifications of Fire Communications Manager, Police Communications Manager and Police Records Manager shall be subject to a probationary period of 12 months. All other promotional appointments for employees who have attained regular status in a prior classification shall be subject to a 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 p robationary 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
During the probationary period, an employee may be terminated by the Department Head without cause and without the right of appeal. Notification shall be in writing to the employee and may be given without advance notice.

An employee who is released while serving a probationary period after promotion shall be returned to the employee’s previous classification provided the employee had regular status in that classification.

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

The City agrees to meet with the unit representatives as required by the Meyers -Millias- Brown Act relative to any changes to regular work schedule.

Section 2.03 Transfers and Job Changes
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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 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 service. 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 will not be used to circumvent the regulations surrounding promotion, demotion, advancement , or reduction in pay. If the employee being transferred has attained regular status in the employee’s classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end-of-probation date.

B. A job change is an employee’s voluntary movement into another classification at the 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.

Section 2.04 Layoff Procedures
A. The City Manager may layoff regular and pr obationary employees at any time for lack of work or other changes that have taken place. The City shall provide the Association with 30-day notice to begin employee impact discussion. The employee will be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned employee organization 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 layoff action.

B. A demotion or transfer to another department with the City Managers’ 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 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 of which the concerned employee organization shall be fully apprised 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.

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 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 person scheduled for layoff shall displace the employee 62 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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with the least displacement seniority. 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 appointment, is qualified by education and/or experience, and is capable of performing the duties of the classification.

E. Failure to return to work from layoff within 30 calendar days after notice to return by certified or registered mail to the employee at the employee’s last known address on file with the City Human Resources Department or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re-employment responsibilities placed on the City. The employee must notify the City regarding the employee’s intent to return within seven calendar days from notice to return.

Article III. CLASSIFICATIONS
Section 3.01 New Classifications
The City agrees to meet and confer with the Association representative on any new classification approved, which appropriately should be added to the unit covered by this Agreement.

Article IV. COMPENSATION
Section 4.01 Salary

1. Effective July 42, 20212023, employees within the unit will receive a 29.5% increase in base salary.

2. Effective July 3, June 30, 20252, employees within the unit will receive a 9.52% increase in base salary.

2.3. Wages for the represented classifications shall be set forth in Appendix “A” attached to this Agreement.

Section 4.02 Pay Plan and Benefits Review
Prior to initiating the meet and confer process for a new Agreement , as described in Section

10.03(C), the City will complete a survey of compensation for a representative sample of comparable classifications in the cities of Anaheim, Burbank, Corona, Fullerton, Glendale, Pasadena, Pomona, Rancho Cucamonga, Riverside, San Bernardino , and Santa Ana. This survey information shall be provided to the Association.

Section 4.03 Overtime/Compensatory Time
A. Employees in this unit are exempt from the overtime under the Fair Labor Standards Act (FLSA) due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay, discipline and leave provisions will be administered consistent with FLSA requirements for exempt positions. 63 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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B. In certain circumstances, the City Manager may authorize additional compensation or leave for substantial time required to meet emergency and/or storm responses, unusual scheduling required to meet the requirements of holiday coverage, attention to duties outside the normal work schedule and such other needs.

C. Additional time worked during a workweek may be offset by adjustment in subsequent working hours the foll owing week. This provision will be given first consideration prior to the implementation of any other form of compensatory adjustment.

D. The earning and accrual of overtime and/or compensatory time requires the written approval of the City Manager.

E. Compensatory time will not be provided for the following situations:

1. Regular meetings of the City Council or any City Commission requiring attendance.

Such meetings are considered a part of the normal duties of the position.

2. Attending professional association m eetings or speaking engagements that are not required by the Department Head.

3. Working time beyond the normal workday necessary for efficient and effective departmental operations or for the purpose of maintaining good public relations. Any such time will be considered a part of the normal duties of the position.

F. In all instances of compensatory time, management leave , and/or overtime, the first and foremost consideration in the administration of these policies will be the effective and efficient operation of the City Government and its respective departments as well as the specific departmental operations that may be affected.

G. Overtime Compensation - Overtime for management personnel is defined as straight time compensation at the employee’s regular hourly rate, except as provided for in Section

4.04(B).

H. Compensatory Time - Compensatory time is defined as time off work provided to an employee in lieu of overtime pay and is time that may be accrued. Upon termination or retirement from the City, the employee will receive credit for any unused compensatory time that has been accrued.

I. Application for Compensatory Time Leave

1. Compensatory time should be applied for when a leave of extended duration is desired such as an absence in excess of two consecutive working days.

2. All compensatory time will be recorded in the employee’s comp time bank. The maximum amount of accrual is 240 hours.

3. No compensatory time will be accrued in excess of 240 hours.

Section 4.04 Overtime/Compensatory Time for Direct Dispatching Services A. Employees in the classification of Fire Communications Manager, Police Communications Manager, and Police Records Manager are exempt from overtime under the FLSA due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay, discipline, and leave provisions will be administered consistent with FLSA requirements for exempt positions. 64 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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B. Although still considered to be FLSA e xempt, employees in the classification of Fire Communications Manager, Police Communications Manager and Police Records Manager will be eligible to receive overtime compensation at the rate of one and one-half (1½) times the employees’ regular rate of pay for time worked or deemed to have been worked in excess of 80 hours in a pay period only when providing direct dispatching services normally performed by Fire/Police Dispatch Supervisors or Fire/ Police Senior Dispatchers and/or Dispatchers. Time deemed to have been worked for this provision shall include authorized absences for annual leave, holiday, retained sick, compensatory time, jury duty, bereavement, personal, military, and paid disciplinary leaves. In calculating an employee’s regular rate of pay for overtime purposes, only the employee’s base rate of pay will be included. No allowances or other forms of compensation will be included in the calculation to determine the employee’s regular rate . Fire Communications Manager , Police Communication Manager and Police Records Manager will work in such assignments only when a search for other alternative replacements has been exhausted. Such assignments and overtime authorization shall be subject to the pre-approval of the Police Administrative Officer and/or Police Administrative Director or Fire Administrative Director.

C. Employees who work overtime in accordance with the provisions in Section 4.04(B) may earn compensatory time in lieu of overtime pay subject to the approval of the Police Administrative Officer and/or Police Administrative Director or Fire Administrative Director.

The earning and application of compensatory time shall be subject to the provisions listed in Section 4.03(H) and Section 4.03(I).

Section 4.05 Skills and Certifications
A. Bilingual Pay

1. Employees in positions designated by the Department Head which require communication skills in languages other than English who routinely and consistently employees to perform bilingual translation as part of their regular duties, may receive bilingual differential pay. Such differential will apply regardless of the total time required per day for such translation. Bilingual pay will be $100 per pay period. Employees in such positions must be certified as competent in translation skills by the Human Resources Department to be eligible for compensation.

2. 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 $50 per meeting.

B. Notary Pay

1. Specified clerical 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 full -time unit employee who meets the eligibility requirements and is des ignated by the applicable Department Head and Human Resources Department to receive notary pay shall be compensated at the rate of $25 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.
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Section 4.06 Merit Increases
A. City Personnel Rules – Salary Adjustments
Merit increases are administered in accordance with the City Personnel Rule XI, as repeated below.

Section 1. Application of Rates

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

Section 2. Anniversary Date

Each employee's anniversary date will coincide with the employee’s appointment to a new position in a different classification. All employees will retain their current anniversary dates until appointed to a new classification provided, however, that no employee shall receive more than one merit increase within any six months 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 vacationannual 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 meri t 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.

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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%) ov er 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.

B. Development Plans
An employee who receives a development plan after the due date with a recommendation for an increase in merit will be eligible to receive the applicable merit increase retroactively to the appropriate review date.

Section 4.07 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:

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.

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

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
Assigned Agency (as of January
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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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
B. Any holiday listed in provision 5.01(A) which falls on Sunday shall 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 the employee’s 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 annual leave in accordance with their scheduled workday as follows:
a. Employees shall receive the number of hours they were scheduled to work that day (e.g. 9 or 8 hours depending upon the day the holiday falls); b. If the holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive 9 hours of annual leave.

D. 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.

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

Section 5.02 Annual Leave
A. The purpose of annual leave is to provide employees in the Management group the ability to accrue time for use in vacationannual leave, sick leave and personal leave situations.

Annual leave shall not be used:

1. to extend retirement or separation date;

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

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

D. The maximum amount of annual leave that can be accrued is 800 hours. No leave will be accrued above 800 hours.

E. Conversion of Accumulated VacationAnnual leave Leave and Sick Leave to Annual Leave

1. All accumulated vacationannual leave leave hours shall be converted to a nnual leave hours for employees that become Management employees as the result of promotion.

2. If an employee with accumulated sick leave hours is promoted to a Management position, 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 the purposes described in Section 5.03.

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

F. Annual Leave Conversion

1. Employees may request to convert a minimum of 8 hours and a maximum of 200 hours of their accumulated a nnual leave hours to salary compensation twice per 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
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2nd Friday in May 1st payday in June
2nd Friday in November 1st payday in December

3. 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 proceedi ng calendar year to convert the following hours to cash:

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

ii. 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.

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

5. The total combined number of annual leave and compensatory time hours converted per calendar year shall not exceed 200 hours.

6. 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.

7. 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.

8. In the event an employee has less hours in their annual leave and compensatory time 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 time bank at the time of the actual cash-out.

9. If an employee makes an irrevocable election to cash- out annual leave and/or compensatory time in the following calendar year and uses such in that subsequent calendar year, the annual leave and compensatory time used will come from the annual leave or compensatory time 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 leave and/or compensatory time accumulated from previous calendar years shall not result in a reduction in the amount of annual leave and/or compensatory time hours the employee is eligible to cash-out.

10. 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:
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• 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 emer gency shall be solely determined by the Executive Director Human Resources / Risk Management or designee.

11. 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 5.03 Use of Retained Sick Leave
A. Employees may utilize any retained sick leave balance for use as paid leave for:

1. Any bona fide illness or injury;

2. Quarantine due to exposure to contagious disease;

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

4. Death in the immediate family;

5. Conversion to CalPERS Service Credit.

B. A City employee is not entitled to use retained sick leave for illness or injury arising out of employment, other than employment for the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

C. Retained sick leave cannot be used for catastrophic leave donations.

D. All determinations of retained sick leave usage will be made by the Department Head concerned, subject to the approval of the Executive Director Human Resources / Risk Management Director.

Section 5.04 Management Leave
A. Management leave is to be encouraged and is the desirable means of handling unusual work situations or requirements, which may be compensable under the provisions for compensatory time or overtime. Forty hours leave shall be granted to Management personnel at the first pay period ending in January. Employees hired or promoted into the Management unit after the first of the calendar year shall have their management leave allotment prorated according to the date of entry into the unit.

B. Management leave is defined as an adjustment made in the employee’s work schedule in recognition of work situations and/or requirements that justify granting time off during 71 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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normal working hours when such adjustment will not interfere with or detract from the effectiveness and efficiency of the department.

C. Management leave may be taken at any time for any purpose, subject to prior approval of the Management employee’s supervisor. Employees shall use accrued management leave during the calendar year. Unused management leave shall be forfeited at the end of each calendar year.

D. Employees cannot use management leave to extend retirement or separation date.

Section 5.05 Personal Leave
An employee may use up to three working days of retained sick leave per calendar year as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Section 5.06 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee will be granted three working days paid bereavement leave. Immediate family for this provision is defined as 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 others included in the definition of immediate family in California Labor Code Section 245.5(c) or successor legislation. Such bereavement leave shall not be charged against the employee's retained sick leave, annual leave, management leave, or accrued compensatory time.

B. A maximum of five working days paid bereavement leave will be granted if there is a death in the immediate family (as defined in Section 5.06.A) outside the State boundaries. Such bereavement leave shall not be charged against the employee's retained sick leave, annual leave, management leave or accrued compensatory time.

A. The employee will be granted one working day 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.

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 the employee's retained sick leave, 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 retained sick leave, annual leave, management leave, or accrued compensatory time to cover all or a portion of the unpaid portion of their bereavement leave.

B. A maximum of five (5) working days paid bereavement leave will be granted if there is a death in the immediate family (as defined in Section 5.06(D)) outside the State boundaries.

Such bereavement leave shall not be charged against the employee's retained sick leave, annual leave, management leave or accrued compensatory time. 72 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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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 is defined as 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 others included in the definition of immediate family in California Labor Code Section 245.5(c) or successor legislation.

E. The employee will be granted one (1) working day 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 5.06(D), who is an aunt, uncle, or cousin.

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

E.G. 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 5.07 Family Medical Care Leaves
A. Family 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. Maternity, Paternity and Family Medical Care Leave of up to 12 weeks shall be granted in accordance with FMLA and CFRA statutes.

C. Employees may utilize up to six weeks of retained sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave may be in addition to any unpaid leave, which may be granted under the provisions of FMLA & CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA & CFRA.

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

Section 5.08 Catastrophic Leave
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.

B. The City also agrees to permit employees to contribute a portion of their accrued annual leave and/or compensatory time to another employee when such employee is on an 73 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Sick leave or retained sick leave may not be donated.

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

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

2. Catastrophic illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attention. Pregnancy is excluded from this provision; however, injuries or illnesses resulting from a pregnancy may be covered under this provision with a statement from the employees 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 employee 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 leave application rate shall be based on the donating em ployee's dollar value, which shall be adjusted proportionally to the receiving employee's rate.

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

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

9. Donations shall be made on a Catastrophic Leave form prescribed by the Hum an Resources Department.

Section 5.09 Jury Duty
A. In the event any full-time employee is duly summoned to any court during the employee’s scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excepting mileage or subsistence allowances, shall be remitted to the City.

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 5.10 Submitting and Recording of Leave Time It is recognized that in certain circumstances, the fulfillment of an employee's responsibilities 74 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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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.

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.

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

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 tak en 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 intermittent Family Medical Leave, California Family Rights Act or other protected leave, the employee must record each hour not worked.

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 to supervise nonexempt staff and/or to provide service to the public and internal customers.

Section 5.10 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, 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.

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Article VI. BENEFITS
Section 6.01 Health Insurance Contribution
The City will contribute up to a maximum of $300 per month toward health insurance premiums for active and retired employees. This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Section 6.02 Fringe Benefit Contribution
A. Health, Dental, and Vision Contributions

1. 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.

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

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

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

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

5. 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 Heal th Flex Contribution cannot be cashed out or applied to other benefits.

6. After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Effective, January 1, 2018, only those Eligible Employees hir e on or before December 31, 2017 enrolled in single level 76 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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coverage may take the remainder of the City’s contribution in cash as taxable compensation.

7. Cash-in-Lieu Option: An Eligible Employee will be eligible to receive cash-in-lieu of instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied.
a) 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. 1) 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. 2) 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).

3) Opt-Out Period means the plan year to which the opt -out arrangement applies.
b) 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.
c) 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(D) are not otherwise satisfied.
d) If the above conditions are satisfied:
1) Eligible Employees who waive coverage on or after September 1, 2004 are eligible to receive $420 per month cash-in-lieu.
2) Eligible Employees who waived coverage before September 1, 2004 are eligible to receive $485 per month cash-in-lieu.

8. 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 Cit y dental plan will not receive employer contribution for dental premiums.

9. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employees and dependents (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.

B. Eligibility Requirements

1. Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and 77 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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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). Paid status includes hours paid for: regular work time, compensatory time off, annual leave, management leave, bereavement leave, retained sick leave, jury duty leave, personal leave, paid military leave, disciplinary leave, and paid holidays. It does not include amounts paid by any other disability benefits.

2. Employees on an extended leave of absence due to their own illness or injury who do not have sufficient leave accruals to meet the 15-hour minimum for paid status will be eligible to continue the fringe benefit contributions as follows:
a) Regardless of whether the employee has leave accruals available to use, the City will continue its contributions toward employee fringe benefit contributions for a leave of absence not to exceed a total 26 consecutive pay periods. b) If the leave of absence is not consecutive, the continuation of the contributions toward fringe 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 and any voluntary supplemental benefit plans during the employee’s leave period. If the employee fails to make timely payments, their benefits will be discontinued.

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

C. Disability
The City shall pay the premium for the City's Disability Insurance Program for employees enrolled in the program.

D. Life and Accidental Death & Dismemberment Insurance
Employees shall be covered by the City’s group term life insurance and accidental death and dismemberment (AD & D) insurance plan. The City will pay the premiums for life insurance coverage amounts of $51,000 for basic life and $54,000 for accidental death and dismemberment policies.

Section 6.03 Insurance Committee
The City agrees to continue the Insurance Committee that will have a representative designated by the Association as one of its members. This committee will have the responsibility to review the coverage in the appropriate insurance program and to represent an employee who has a question to the company. The committee will be composed of one representative from the recognized employee unit and one representative appointed by the City Manager. The Assistant City Manager will 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 to the committee chair. Where applicable, meet and confer will be reopened to discuss any proposal of the Insurance Committee on health insurance approved by the majority of the Insurance Committee.

Section 6.04 Flexible Spending Accounts
The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an 78 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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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 contribution of eight (8%) percent as a pre-tax deduction to CalPERS.

B. New Member (PEPRA)

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 (PEPRA) 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. The required employee contribution for new members is

6.25%. This amount will be adjusted periodically by CalPERS.

C. Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System includes the following optional benefits for both classic and new members:
a. Section 20903 – Two Years Additional Service Credit
b. Section 20965 – Sick Leave Credit
c. Section 21024 – Military Service Credit
d. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability
e. Section 21548 – Pre-Retirement Optional Settlement Death Benefit 79 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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Section 6.06 Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer contributions.

The City shall contribute $200 per month contribution to the Section 401(a) plan. 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 participate in a 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may voluntarily contribute to the plan in accordance with plan provisions and subject to plan maximums.

Section 6.07 Employee Assistance Program
The City agrees to continue an employees’ assistance program (EAP) for all employees in the Association. The parties agree that the EAP cannot be successful without absolute confidentiality regarding employee/family utilization of th e program. Confidentiality will be maintained in full compliance with State and Federal Regulations.

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

A. Full-time, employees that have successfully completed their initial probationary period are eligible.

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

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

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

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

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

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

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

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

Tuition reimbursement requests shall be submitted to the employee’s Department Head for a determination that the course is job -related. After such determination is made, t he Department Head shall forward the request to the Human Resources Department for processing. The Human 80 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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Resources Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof o f 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 6.09 Meal Reimbursement
An employee may request reimbursement for meals consumed after regular work hours when such employee is required by the Department Head to attend City Council meetings and C ity commission meetings that are in addition to those regularly scheduled. The lim it for reimbursement shall be $12, and only actual expenses will be reimbursed. Requests will be submitted on the City’s reimbursement form through established channels and must include receipts verifying the expense.

Section 6.10 Uniforms
A. Unit employees required to wear a uniform by the Agency/Department Head will receive uniform allowance of $400 per year the first paycheck in July for the maintenance, cleaning, and normal repair of uniforms worn by the employee in the course of their employment during last fiscal year.

B. The City shall provide Unit employees required to wear a uniform with a reasonable number of uniforms. Uniforms damaged in the line of duty shall be replaced by the City. Each year the Agency/Department Head shall inspect employee uniforms and replace accordingly.

B.C. The City will report for “classic” employees the monetary value of the City-provided uniforms to CalPERS as special compensation pursuant to Section 6.10(A) and (B). The monetary value of the initial set of unfirms and any replacement uniforms shall not exceed $600 per fiscal year, per employee., The City will report the monetary value of initial and replacement uniforms “as earned” in the pay period provided.

Article VII. GRIEVANCE PROCEDURE
Section 7.01 Definitions
A. Complaint
A concern of an employee, which arises from the application of a term of this Agreement, existing City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.

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

C. Grievant
An employee(s), who allege(s) in a grievance that the employee has been directly wronged by a violation of a specific term(s) of this Agreement, existing City Rule, Regulation or Policy regarding working conditions. The term “grievant” as used in this Article may refer to the Association when alleging a violation of Article XII, as provided for in the Agreement.

D. Representative
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An employee or represent ative of the Association who at the grievant's request may be present at Levels I through IV. Representation of the employee at Level V may be by an Association representative or other representative designated by the employee.

E. Respond and File
Personal delivery or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it will be by certified, return receipt requested mail, and the certified receipt date will establish the date of response or filing. If personal delivery is used, the calendar date of delivery will establish the date of response or filing.

Section 7.02 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 c omplaint, 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. The employee, whenever possible, will attempt to resolve the complaint informally with the immediate supervisor.

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

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

Section 7.03 Level II - Formal
A. If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance at the next level of supervision that may include the Department Head, Agency Head or City Manager. If the next level of supervision is the Agency Head, the grievance will automatically proceed at Level III, no later than 10 working days after the response of the immediate supervisor at Level I. If the next level of supervision is the City Manager, the grievance will be automatically processed at Level IV 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:

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

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

3. the remedy sought;

4. the name and classification of the grievant and their 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 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.
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Section 7.04 Level III
A. In the ev ent 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.

If the next level of supervision is the City Manager, the grievance will be automat ically processed at Level IV. 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 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 7.05 Level IV
A. In the event the grievance is not settled at Level III, the grievant m ay 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 may hold a meeting with the grievant at a mutually acceptable time and location. The City Manager will respond to the grievant no later than 10 working days after receipt of the grievance at Level IV.

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

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

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

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

D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear.
83 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

L. Organizational channels will be utilized at all times and participation in the grievanc e 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. 84 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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

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

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

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

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

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

Article VIII. Disciplinary Action
Section 8.01 Definition
A. An employee may be disc iplined for violation of policies, misconduct, or any other just cause. Discipline is defined as demotion, discharge, reduction -in-pay, and suspension of employees with regular status. Letters of reprimand, counseling memos, performance improvement plans, performance evaluations, and other related actions are not considered discipline for purposes of this article. This procedure applies to full -time employees with regular status.

B. Probationary employees are excluded from the provisions of this article. These employees may be disciplined, but the requirements for notification and appeals do not apply.

Procedures related to probationary employees are governed by Section 2.03.

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

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

1. the reasons and the charges;

2. a statement of the events or circumstances;

3. written documentation or other related evidence; and

4. response rights
85 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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

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

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

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

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

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

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

C. Unless the specific language of the MOU is in conflict, the appeal hearing shall be conducted in accordance with the City’s Disciplinary Hearing Procedures.

D. The arbitrator shall be selected by mutual agreement of both parties. The hearing officer shall be the City Manager, or an Agency Head the City Manager designates.

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

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

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

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

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

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

Section 9.03 New Employee Orientation
Provided there are new employees, the City typically conducts new employee orientation weekly. Once per quarter of the calendar year, the City shall release new unit members to attend an orientation session with the Association. During this orientation session, the Association will be allowed up to one (1) hour to meet with new members and to expl ain the rights and benefits under this memorandum of understanding. The Association and the City will mutually agree as to the date, time, and location of the orientation session at least 10 days prior to the session.

Article X. GENERAL PROVISIONS
Section 10.01 Personnel Files
A. The official personnel files will be located in and/or maintained by the Human Resources Department. The official personnel file shall consist of a physical file as well as a digital file within the City’s Human Resources Information System. Personnel actions (e.g. discipline, promotions) will be based on documentation within such files.

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

C. The City shall provide employees with secured online access to the digital version of their personnel file, which includes the ability to view and print records within the file. The ability to access the digital version of the personnel file is subject to internet availability and may 87 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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

Section 10.02 Overpayments, Recovery and Underpayments
In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpaym ent. The repayment shall occur within the same time frame frame as 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 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 employmen t 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 10.03 Direct Deposit and Electronic Pay Advice
A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one month.

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

D. The electronic pay advice w ill be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day. 88 ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/21 23 – 06/30/2325

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

Section 10.05 Duration and Implementation
A. This Agreement will, upon ratification by both parties, become effective July 1, 20231 and remain in full force and effect up to and including June 30, 20253.

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

C. During the period in which t his MOU is in full force and effect, should any recognized miscellaneous or sworn bargaining unit reach a signed agreement that results in that group receiving a general salary increase or other net compensation increase greater than what was negotiated as to members of the AOME unit, then the members of the AOME unit shall receive an equivalent general salary increase or a net compensation increase of a similar value. The City and Union shall meet and confer regarding the nature and applicability of a net compensation increase of a similar value. The parties agree and understand that there are differences in 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.

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Article XI. FINAL SIGNATURES
All terms and conditions set forth in this agreement are hereby ratified and agreed upon 1 st day of February July 20231.

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

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

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

Peter Pallesen, Treasurer

90 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Accounting Manager 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
Administrative Officer 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
Assistant City Engineer 1 $79.78 $13,828.53 $87.36 $15,142.40 2 $83.76 $14,518.40 $91.72 $15,898.13
3 $87.96 $15,246.40 $96.32 $16,695.47
4 $92.36 $16,009.07 $101.14 $17,530.93
5 $96.96 $16,806.40 $106.18 $18,404.53
Assistant Parks and Maintenance Director 1 $58.07 $10,065.47 $63.59 $11,022.27 2 $60.99 $10,571.60 $66.79 $11,576.93
3 $64.03 $11,098.53 $70.12 $12,154.13
4 $67.22 $11,651.47 $73.61 $12,759.07
5 $70.60 $12,237.33 $77.31 $13,400.40
Assistant Planning Director 1 $75.35 $13,060.67 $82.51 $14,301.73 2 $79.13 $13,715.87 $86.65 $15,019.33
3 $83.08 $14,400.53 $90.98 $15,769.87
4 $87.23 $15,119.87 $95.52 $16,556.80
5 $91.59 $15,875.60 $100.30 $17,385.33
Broadband Coordinator 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
Broadband Operations Manager 1 $65.63 $11,375.87 $71.87 $12,457.47 2 $68.90 $11,942.67 $75.45 $13,078.00
3 $72.34 $12,538.93 $79.22 $13,731.47
4 $75.95 $13,164.67 $83.17 $14,416.13
5 $79.74 $13,821.60 $87.32 $15,135.47
Business License Supervisor 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
City Auditor 1 $56.45 $9,784.67 $61.82 $10,715.47
2 $59.28 $10,275.20 $64.92 $11,252.80
3 $62.22 $10,784.80 $68.14 $11,810.93
4 $65.34 $11,325.60 $71.55 $12,402.00
5 $68.61 $11,892.40 $75.13 $13,022.53
July 3, 2023 July 14, 2024
Approximate Salaries*
1 of 8
91 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Community Improvement Supervisor 1 $43.84 $7,598.93 $48.01 $8,321.73 2 $46.02 $7,976.80 $50.40 $8,736.00
3 $48.32 $8,375.47 $52.92 $9,172.80
4 $50.74 $8,794.93 $55.57 $9,632.13
5 $53.29 $9,236.93 $58.36 $10,115.73
Community Information Supervisor 1 $42.72 $7,404.80 $46.78 $8,108.53 2 $44.88 $7,779.20 $49.15 $8,519.33
3 $47.12 $8,167.47 $51.60 $8,944.00
4 $49.47 $8,574.80 $54.17 $9,389.47
5 $51.94 $9,002.93 $56.88 $9,859.20
Community Life and Culture Officer 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
Community Relations and Communications 1 $61.94 $10,736.27 $67.83 $11,757.20 2 $65.05 $11,275.33 $71.23 $12,346.53
3 $68.28 $11,835.20 $74.77 $12,960.13
4 $71.68 $12,424.53 $78.49 $13,604.93
5 $75.29 $13,050.27 $82.45 $14,291.33
Continuum of Care Manager 1 $61.94 $10,736.27 $67.83 $11,757.20 2 $65.05 $11,275.33 $71.23 $12,346.53
3 $68.28 $11,835.20 $74.77 $12,960.13
4 $71.68 $12,424.53 $78.49 $13,604.93
5 $75.29 $13,050.27 $82.45 $14,291.33
Deputy Fire Marshal 1 $55.13 $9,555.87 $60.37 $10,464.13 2 $57.90 $10,036.00 $63.41 $10,991.07
3 $60.79 $10,536.93 $66.57 $11,538.80
4 $63.84 $11,065.60 $69.91 $12,117.73
5 $67.02 $11,616.80 $73.39 $12,720.93
Economic Development Coordinator 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
Emergency Manager 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
EMS Nurse 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
2 of 8
92 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Environmental Programs Manager 1 $50.53 $8,758.53 $55.34 $9,592.27 2 $53.05 $9,195.33 $58.09 $10,068.93
3 $55.70 $9,654.67 $61.00 $10,573.33
4 $58.47 $10,134.80 $64.03 $11,098.53
5 $61.38 $10,639.20 $67.22 $11,651.47
Fire Communications Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Fire Protection Analyst 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
Fleet Services Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Forensics Manager 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
Integrated Waste Assistant Division Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Integrated Waste Division Manager 1 $58.07 $10,065.47 $63.59 $11,022.27 2 $60.99 $10,571.60 $66.79 $11,576.93
3 $64.03 $11,098.53 $70.12 $12,154.13
4 $67.22 $11,651.47 $73.61 $12,759.07
5 $70.60 $12,237.33 $77.31 $13,400.40
Internal Audit Manager 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
Library Services Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
3 of 8
93 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Museum, Arts and Culture Manager $59.56 $10,323.73 $65.22 $11,304.80 1 $49.02 $8,496.80 $53.68 $9,304.53
2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
Parks and Maintenance Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Performance and Optimization Manager 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
Plan Check Engineer 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
Police Communications Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Police Records Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Principal Broadband Analyst 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
Principal Engineer 1 $67.80 $11,752.00 $74.25 $12,870.00 2 $71.17 $12,336.13 $77.94 $13,509.60
3 $74.75 $12,956.67 $81.86 $14,189.07
4 $78.47 $13,601.47 $85.93 $14,894.53
5 $82.39 $14,280.93 $90.22 $15,638.13
Principal IT Analyst 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
4 of 8
94 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Principal Planner 1 $68.53 $11,878.53 $75.05 $13,008.67 2 $71.94 $12,469.60 $78.78 $13,655.20
3 $75.53 $13,091.87 $82.71 $14,336.40
4 $79.30 $13,745.33 $86.84 $15,052.27
5 $83.27 $14,433.47 $91.19 $15,806.27
Principal Project Manager 1 $65.63 $11,375.87 $71.87 $12,457.47 2 $68.90 $11,942.67 $75.45 $13,078.00
3 $72.34 $12,538.93 $79.22 $13,731.47
4 $75.95 $13,164.67 $83.17 $14,416.13
5 $79.74 $13,821.60 $87.32 $15,135.47
Project Manager 1 $52.07 $9,025.47 $57.02 $9,883.47
2 $54.63 $9,469.20 $59.82 $10,368.80
3 $57.38 $9,945.87 $62.84 $10,892.27
4 $60.24 $10,441.60 $65.97 $11,434.80
5 $63.26 $10,965.07 $69.27 $12,006.80
Public Facilities Maintenance Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Purchasing Manager 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
Records Manager 1 $36.36 $6,302.40 $39.82 $6,902.13
2 $38.17 $6,616.13 $41.80 $7,245.33
3 $40.08 $6,947.20 $43.89 $7,607.60
4 $42.09 $7,295.60 $46.09 $7,988.93
5 $44.19 $7,659.60 $48.39 $8,387.60
Recreation/Community Services Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Revenue Manager 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 Associate Civil Engineer 1 $58.68 $10,171.20 $64.26 $11,138.40 2 $61.62 $10,680.80 $67.48 $11,696.53
3 $64.69 $11,212.93 $70.84 $12,278.93
4 $67.92 $11,772.80 $74.38 $12,892.53
5 $71.30 $12,358.67 $78.08 $13,533.87
5 of 8
95 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Senior Associate Engineer 1 $58.68 $10,171.20 $64.26 $11,138.40 2 $61.62 $10,680.80 $67.48 $11,696.53
3 $64.69 $11,212.93 $70.84 $12,278.93
4 $67.92 $11,772.80 $74.38 $12,892.53
5 $71.30 $12,358.67 $78.08 $13,533.87
Senior Financial Analyst 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
Senior Landscape Architect 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
Senior Legislative Analyst 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
Senior Management Analyst 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
Senior Network Engineer 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 Plan Check Engineer 1 $59.30 $10,278.67 $64.94 $11,256.27 2 $62.26 $10,791.73 $68.18 $11,817.87
3 $65.38 $11,332.53 $71.60 $12,410.67
4 $68.64 $11,897.60 $75.17 $13,029.47
5 $72.07 $12,492.13 $78.92 $13,679.47
Senior Planner 1 $56.66 $9,821.07 $62.05 $10,755.33
2 $59.51 $10,315.07 $65.17 $11,296.13
3 $62.47 $10,828.13 $68.41 $11,857.73
4 $65.58 $11,367.20 $71.82 $12,448.80
5 $68.87 $11,937.47 $75.42 $13,072.80
Senior Project Coordinator 1 $42.62 $7,387.47 $46.67 $8,089.47 2 $44.77 $7,760.13 $49.03 $8,498.53
3 $47.01 $8,148.40 $51.48 $8,923.20
4 $49.36 $8,555.73 $54.05 $9,368.67
5 $51.81 $8,980.40 $56.74 $9,834.93
6 of 8
96 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Senior Project Manager 1 $57.49 $9,964.93 $62.96 $10,913.07 2 $60.38 $10,465.87 $66.12 $11,460.80
3 $63.42 $10,992.80 $69.45 $12,038.00
4 $66.58 $11,540.53 $72.91 $12,637.73
5 $69.90 $12,116.00 $76.55 $13,268.67
Supervising Building Inspector 1 $50.90 $8,822.67 $55.74 $9,661.60 2 $53.42 $9,259.47 $58.50 $10,140.00
3 $56.11 $9,725.73 $61.45 $10,651.33
4 $58.91 $10,211.07 $64.51 $11,181.73
5 $61.84 $10,718.93 $67.72 $11,738.13
Supervising Public Works Inspector 1 $50.90 $8,822.67 $55.74 $9,661.60 2 $53.42 $9,259.47 $58.50 $10,140.00
3 $56.11 $9,725.73 $61.45 $10,651.33
4 $58.91 $10,211.07 $64.51 $11,181.73
5 $61.84 $10,718.93 $67.72 $11,738.13
Sustainability Program Manager 1 $68.53 $11,878.53 $75.05 $13,008.67 2 $71.94 $12,469.60 $78.78 $13,655.20
3 $75.53 $13,091.87 $82.71 $14,336.40
4 $79.30 $13,745.33 $86.84 $15,052.27
5 $83.27 $14,433.47 $91.19 $15,806.27
Traffic/Transportation Manager 1 $79.78 $13,828.53 $87.36 $15,142.40 2 $83.76 $14,518.40 $91.72 $15,898.13
3 $87.96 $15,246.40 $96.32 $16,695.47
4 $92.36 $16,009.07 $101.14 $17,530.93
5 $96.96 $16,806.40 $106.18 $18,404.53
Urban Forestry Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
Utilities Customer Services Supervisor 1 $42.72 $7,404.80 $46.78 $8,108.53 2 $44.89 $7,780.93 $49.16 $8,521.07
3 $47.12 $8,167.47 $51.60 $8,944.00
4 $49.47 $8,574.80 $54.17 $9,389.47
5 $51.94 $9,002.93 $56.88 $9,859.20
Utilities Engineering Division Manager 1 $79.78 $13,828.53 $87.36 $15,142.40 2 $83.76 $14,518.40 $91.72 $15,898.13
3 $87.94 $15,242.93 $96.30 $16,692.00
4 $92.36 $16,009.07 $101.14 $17,530.93
5 $96.96 $16,806.40 $106.18 $18,404.53
Utilities Operations Assistant Division Manager 1 $49.02 $8,496.80 $53.68 $9,304.53 2 $51.46 $8,919.73 $56.35 $9,767.33
3 $54.03 $9,365.20 $59.17 $10,256.13
4 $56.72 $9,831.47 $62.11 $10,765.73
5 $59.56 $10,323.73 $65.22 $11,304.80
7 of 8
97 APPENDIX A
July1, 2023 - Association of Ontario Management Employees Utilities Operations Division Manager 1 $61.92 $10,732.80 $67.81 $11,753.73 2 $65.03 $11,271.87 $71.21 $12,343.07
3 $68.26 $11,831.73 $74.75 $12,956.67
4 $71.66 $12,421.07 $78.47 $13,601.47
5 $75.25 $13,043.33 $82.40 $14,282.67
Utilities Project Manager 1 $55.05 $9,542.00 $60.28 $10,448.53 2 $57.82 $10,022.13 $63.32 $10,975.47
3 $60.70 $10,521.33 $66.47 $11,521.47
4 $63.73 $11,046.53 $69.79 $12,096.93
5 $66.93 $11,601.20 $73.29 $12,703.60
Water Production Manager 1 $61.92 $10,732.80 $67.81 $11,753.73 2 $65.03 $11,271.87 $71.21 $12,343.07
3 $68.26 $11,831.73 $74.75 $12,956.67
4 $71.66 $12,421.07 $78.47 $13,601.47
5 $75.25 $13,043.33 $82.40 $14,282.67
Water Quality Programs Manager 1 $50.53 $8,758.53 $55.34 $9,592.27 2 $53.05 $9,195.33 $58.09 $10,068.93
3 $55.70 $9,654.67 $61.00 $10,573.33
4 $58.47 $10,134.80 $64.03 $11,098.53
5 $61.38 $10,639.20 $67.22 $11,651.47
Water Resources Manager 1 $67.80 $11,752.00 $74.25 $12,870.00 2 $71.17 $12,336.13 $77.94 $13,509.60
3 $74.75 $12,956.67 $81.86 $14,189.07
4 $78.47 $13,601.47 $85.93 $14,894.53
5 $82.39 $14,280.93 $90.22 $15,638.13
Water/Sewer Maintenance Manager 1 $55.05 $9,542.00 $60.28 $10,448.53 2 $57.82 $10,022.13 $63.32 $10,975.47
3 $60.70 $10,521.33 $66.47 $11,521.47
4 $63.73 $11,046.53 $69.79 $12,096.93
5 $66.93 $11,601.20 $73.29 $12,703.60
8 of 8
98 Memorandum
of
Understanding

Between

American Federation of
State, County & Municipal
Employees Local 3061

And

City of Ontario

July 1, 20212023
through
June 30, 20232026

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

Page 2 ends

Table of Contents
Article 1. Administration .............................................................................................................................. 4 Section 1.01 Parties to the Agreement ........................................................................................................... 4 Section 1.02 Recognition ................................................................................................................................ 4 Section 1.03 City Personnel Rules .................................................................................................................. 5 Section 1.04 MOU Distribution ........................................................................................................................ 5 Section 1.05 Effect of MOU ............................................................................................................................. 6 Section 1.06 Definitions ................................................................................................................................... 6 Section 1.07 Management Rights ................................................................................................................... 7 Section 1.08 Employee Rights ........................................................................................................................ 8 Section 1.09 Contract Work ............................................................................................................................ 8 Section 1.10 New Departmental Work Rules .................................................................................................. 8 Article 2. Employment Provisions .............................................................................................................. 9 Section 2.01 Probationary Period.................................................................................................................... 9 Section 2.02 Hours of Work ............................................................................................................................ 9 Section 2.03 Transfers .................................................................................................................................. 10 Section 2.04 Promotions/Appointments ........................................................................................................ 10 Section 2.05 Temporary Employees ............................................................................................................. 11 Section 2.06 Layoff Procedures .................................................................................................................... 11 Article 3. Classifications ............................................................................................................................ 12 Section 3.01 Current / Changed Classifications ............................................................................................ 12 Section 3.02 Higher Classification Work ....................................................................................................... 13 Section 3.03 Classification Review ............................................................................................................... 13 Section 3.04 Classification Review Appeal ................................................................................................... 13 Section 3.05 Compensation and Classification Studies ................................................................................ 14 Article 4. Compensation ............................................................................................................................ 14 Section 4.01 Salary ....................................................................................................................................... 14 Section 4.02 Salary Schedule ....................................................................................................................... 14 Section 4.03 Overtime ................................................................................................................................... 14 Section 4.04 Compensatory Time ................................................................................................................. 15 Section 4.05 Standby .................................................................................................................................... 15 Section 4.06 Shift Differential ........................................................................................................................ 17 Section 4.07 Fatigue Pay / Time Off ............................................................................................................. 17 Section 4.08 Skills and Certifications ............................................................................................................ 18 Section 4.09 American Rescue Plan Act Premium ....................................................................................... 20 Article 5. Leaves – Paid and Unpaid ......................................................................................................... 21 Section 5.01 Holidays .................................................................................................................................... 21 Section 5.02 Vacation ................................................................................................................................... 23 Section 5.03 Sick Leave ................................................................................................................................ 24 Section 5.04 Personal Leave ........................................................................................................................ 24 Section 5.05 Bereavement Leave ................................................................................................................. 25 Section 5.06 Family Medical Leaves ............................................................................................................. 25 Section 5.07 Catastrophic Leave .................................................................................................................. 26 Section 5.08 Jury Duty .................................................................................................................................. 27 Article 6. Benefits ....................................................................................................................................... 28 Section 6.01 Health Insurance Contribution .................................................................................................. 28 Section 6.02 City Contributions to Cafeteria Plan Benefits ........................................................................... 28 Section 6.03 Insurance Committee ............................................................................................................... 30 Section 6.04 Flexible Spending Accounts ..................................................................................................... 30 Section 6.05 Retirement ................................................................................................................................ 30 Section 6.06 Deferred Compensation ........................................................................................................... 31 100
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Section 6.07 Uniforms ................................................................................................................................... 31 Section 6.08 Employee Assistance Program ................................................................................................ 32 Section 6.09 Meals During Emergency Work Situations .............................................................................. 32 Section 6.10 Use of Electrical Service Vehicle ............................................................................................. 32 Section 6.11 Tool Replacement .................................................................................................................... 32 Section 6.12 Tuition Reimbursement ............................................................................................................ 32 Section 6.13 Commercial Driver’s Licenses .................................................................................................. 33 Article 7. Disciplinary Procedure .............................................................................................................. 34 Section 7.01 Due Process and Employee Representation ........................................................................... 34 Section 7.02 Discipline .................................................................................................................................. 34 Section 7.03 Exceptions ................................................................................................................................ 36 Section 7.04 Progressive Discipline .............................................................................................................. 36 Article 8. Grievance Procedure ................................................................................................................. 36 Section 8.01 Definitions ................................................................................................................................. 36 Section 8.02 Union Grievance ....................................................................................................................... 36 Section 8.03 Level I - Informal ....................................................................................................................... 37 Section 8.04 Level II – Formal ....................................................................................................................... 37 Section 8.05 Level III ..................................................................................................................................... 37 Section 8.06 Level IV .................................................................................................................................... 38 Section 8.07 Level V – Arbitration ................................................................................................................. 38 Section 8.08 General Provisions ................................................................................................................... 39 Article 9. Representation ........................................................................................................................... 40 Section 9.01 AFSCME Deductions ............................................................................................................... 40 Section 9.02 Maintenance of Membership .................................................................................................... 40 Section 9.03 Records .................................................................................................................................... 41 Section 9.04 Indemnification ......................................................................................................................... 41 Section 9.05 Union Stewards ........................................................................................................................ 41 Section 9.06 Release Time ........................................................................................................................... 41 Section 9.07 Access to Work Location .......................................................................................................... 42 Section 9.08 Shift Changes For Union Meetings .......................................................................................... 43 Section 9.09 Union/Management Meetings .................................................................................................. 43 Section 9.10 Bulletin Boards ......................................................................................................................... 43 Section 9.11 New Employee Orientation ...................................................................................................... 44 Article 10. General Provisions .................................................................................................................... 44 Section 10.01 Personnel Files ......................................................................................................................... 44 Section 10.02 Safety Program ........................................................................................................................ 45 Section 10.03 Separability ............................................................................................................................... 45 Section 10.04 Peaceful Performance of City Services.................................................................................... 45 Section 10.05 Direct Deposit and Electronic Pay Advice ................................................................................ 46 Section 10.06 Failure to Maintain Driver’s License ......................................................................................... 46 Section 10.07 Overpayments, Recovery and Underpayments ....................................................................... 46 Section 10.08 Duration and Implementation ................................................................................................... 47 Article 11. Final Signatures ......................................................................................................................... 47 APPENDIX A.

Salary Grade Table

APPENDIX B.

Grievance Form

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Article 1. ADMINISTRATION
Section 1.01 Parties to the Agreement
This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Ontario (hereinafter known as the City) and the American Federation of State, County and Municipal Employees (hereinafter known as the Union).

Section 1.02 Recognition
The City hereby formally recognizes the American Federation of State, County, and Municipal Employees as the exclusive Representative for those employees employed by the City and defined in Rule 1, Section 26 of the Personnel Rules and Regulations, in the following classifications:

CLASSIFICATION LISTING
Custodian Equipment Mechanic
Equipment Service Technician Facilities Maintenance Technician Fiber Field Technician Fire Equipment Mechanic
Helicopter Mechanic Integrated Waste Collector
Integrated Waste Lead Collector Integrated Waste Maintenance Worker Irrigation Maintenance Technician Inventory Assistant
Maintenance Worker Park Maintenance Technician
Parts Specialist Senior Custodian
Senior Electrician Senior Equipment Mechanic
Senior Facilities Maintenance Technician Senior Facilities Maintenance Worker Senior Fire Equipment Mechanic Senior Helicopter Mechanic Senior Integrated Waste Collector Senior Park Maintenance Technician Senior Park Maintenance Worker Senior Parts Specialist
Senior Street Maintenance Technician Senior Street Maintenance Worker Senior Utilities Technician Street Maintenance Technician Utilities Maintenance Worker Utilities Service Representative Utilities Technician Welder

Broadband Technician Custodian
Equipment Mechanic Equipment Service Technician
Facilities Maintenance Technician Fiber Field Technician Fire Equipment Mechanic Helicopter Mechanic
Integrated Waste Collector Integrated Waste Lead Collector Integrated Waste Maintenance Worker Inventory Assistant Irrigation Maintenance Technician Maintenance Worker
Park Maintenance Technician Parts Specialist
Senior Custodian Senior Electrician
Senior Equipment Mechanic Senior Facilities Maintenance Technician Senior Fire Equipment Mechanic Senior Helicopter Mechanic Senior Integrated Waste Collector Senior Park Maintenance Technician Senior Park Maintenance Worker Senior Parts Specialist
Senior Street Maintenance Technician Senior Street Maintenance Worker Senior Utilities Technician Street Maintenance Technician Urban Forestry Technician Utilities Maintenance Worker
Utilities Service Representative Utilities Technician
Welder
Broadband Technician
Custodian
102
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Equipment Mechanic
Equipment Service Technician
Facilities Maintenance Technician
Fiber Field Technician
Fire Equipment Mechanic
Helicopter Mechanic
Integrated Waste Collector
Integrated Waste Lead Collector
Integrated Waste Maintenance Worker
Inventory Assistant
Irrigation Maintenance Technician
Maintenance Worker
Park Maintenance Technician
Parts Specialist
Senior Custodian
Senior Electrician
Senior Equipment Mechanic
Senior Facilities Maintenance Technician
Senior Fire Equipment Mechanic
Senior Helicopter Mechanic
Senior Integrated Waste Collector
Senior Park Maintenance Technician
Senior Park Maintenance Worker
Senior Parts Specialist
Senior Street Maintenance Technician
Senior Street Maintenance Worker
Senior Utilities Technician
Street Maintenance Technician
Urban Forestry Technician
Utilities Maintenance Worker
Utilities Service Representative
Utilities Technician
Welder

Recognition is granted for the purpose of meeting and conferring on wages, hours, working conditions and general representation of employees defined within this section, which shall occur prior to any presentation for approval to the City Council.

Section 1.03 City Personnel Rules
It is understood and agreed that there exists within the City, in written form, the "City of Ontario Personnel Rules and Regulations" and the “Employment Policies” in the City’s Online Policy Center, which shall continue in effect, except for those provisions modified by this agreement, unless and until modified in accordance with state laws, orders, regulations, official instructions or policies. This section shall conform within the scope of MMBA.

Section 1.04 MOU Distribution
The City agrees to provide all current and new employees, covered by this agreement a copy of the MOU.

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Section 1.05 Effect of MOU
A. The parties acknowledge that during the negotiations which resulted in this MOU, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU.

B. This MOU supersedes all previous Memoranda of Understanding.

Section 1.06 Definitions
A. Bargaining Unit
The employees defined in Section 1.02.

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

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

E. Emergency
A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

F. Employee

1. Regular Employee - An employee in a full-time position who has completed the probationary period; excludes temporary and part-time employees.

2. P robationary Employee - An employee in a full -time position who has not completed their probationary period.

G. Seniority
For the purposes of this MOU, seniority in general terms shall be determined by the length of continuous full-time service within the City and then in each classification covered by this agreement with the City of Ontario. The determination of seniority shall not be affected by sick leave, temporary lay-off, vacation or other authorized leaves of absence.

Seniority within classification shall be considered for purposes of vacation scheduling, scheduling of shift assignments, transfers, overtime scheduling and wherever specifically designated within existing provisions. An employee’s seniority date within classification begins upon hire or appointment to a classification and applies across all operational functions within that classification. In instances where an employee returns to a classification during the probationary period or within one year of attai ning regular status following appointment to a new classification, for whatever reason, the employee’s seniority in the prior classification will be restored. Continuous full-time service with the City will be used as a tie-breaker when employees have the same classification date. In those instances where employees have the same length of continuous full -time service, the employees with the lowest employee identification number will be deemed to be the most senior.

Such seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, reliability and safety. Such seniority shall be used in establishing initial schedules and in situations where a tie- breaker is required. It is not the intent of this provision to permit the bumping of less senior employees by more senior employees after an 104
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initial schedule is established.

H. Week
Seven consecutive calendar days beginning on Sunday and going through Saturday I. Calendar Day
A 24-hour day beginning at 12:00 midnight and ending the following 12:00 midnight.

J. Working Day
A daily work period an employee is regularly scheduled to work each day.

1. A n employee working a 5/8 work schedule would have an 8-hour working day;

2. A n employee working a 9/80 work schedule typically has eight 9-hour working days, one 8- hour working day, and one flex day when the employee does not work during a two consecutive week period; and

3. A n employee on a 4/10 work schedule would have a 10-hour working day.

K. 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, four (4), nine-hour days per workweek and one alternating eight-hour day (flex day worked)/regular day off (flex day off). Employees assigned a 9/80 schedule have a FLSA workweek designated as beginning four hours into their alternating regular day off or eight - hour day. An example 9/80 schedule is below.

Fri Sat Sun Mon Tue Wed Thur Fri

Week 1

9 9 9 9 4 = 40 hours
Week 2 4

9 9 9 9

= 40 hours
TOTAL = 80 Hours

Section 1.07 Management Rights
A. There are no provisions in the MOU that shall be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this understanding unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority.

B. The rights of the City include, but are not limited to:

1. The exclusive right to determine the mission of its constituent departments, commissions, and boards.

2. Set standards of service.

3. Determine the procedure and standards of selection for employment and promotion.

4. Direct its employees.
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5. Relieve its employees from duty because of lack of work, or for other legitimate reasons.

6. Maintain efficiency of government operations.

7. Determine the methods, means and personnel by which government operations are to be conducted.

8. Determine the content of job classifications.

9. Take all necessary actions to carry out its mission in emergencies.

10. Exercise complete control and discretion over its organization and the technology of performing its work.

11. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

12. To establish reasonable employee performance standards, including, but not limited to, quality and quantity standards, and to require compliance herewith.

C. In accordance with the Myers-Milias-Brown Act (MMBA), the City acknowledges, prior to implementation, the obligation to meet and confer with the Union over the impact of the exercise of a City right upon wages, hours, and other terms and conditions of employment of its members unless the impact consequences of the exercise of a management right upon the union members is provided for in this MOU, Personnel Rules and Regulations or Departmental Rules and Regulations.

Section 1.08 Employee Rights
A. The City shall afford regular employees the procedural due process safeguards set by statute and by the published decision of the California courts.

B. An employee shall have the right to 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 actions that is probable, or that is being seriously considered. Prior to any such meeting, an employee’s waiver of the right to representation shall be documented in writing.

Section 1.09 Contract Work
In the event the City plans to contract out work or service(s) normally performed by bargaining unit employees which shall result in these employees having their work week reduced or in layoffs, the City and the Union shall meet and confer at least 30 days in advance of the effective date of the contract to review possibilities for absorption of affected employees in the Representation Unit into other jobs in the City's service. At the Union’s request, such meet and confer meetings shall consider the possibilities of absorption of affected employees into the workforce of the contractor.

Section 1.10 New Departmental Work Rules
Any newly written department work rule which falls within the scope of MMBA, initiated, established and promulgated by the City shall be posted in the affected department five working days prior to the effective date with a copy sent to the Union President and Council 36 Representative.

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Article 2. EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
A. Objective
The probationary period is to be regarded as an integral part of the testing procedures and shall be utilized for closely observing the employee's work and th e employee’s adjustment within the organization. During the probationary period, the City shall endeavor to 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. Upon extension of a probationary period the City will continue to provide direction to the employee in an effort to assist the employee in meeting the probationary requirements.

B. Length

a. A n original appointment is defined as an appointment of a new hire, rehire, or temporary/part - time employee being appointed to a regu lar position. All original appointments shall be subject to a probationary period of 6 months.

b. A promotional appointment is defined as the appointment of a current full-time employee who is promoted into another full-time position. All promotional appointments for employees who have attained regular status in a prior classification shall be subject to a probationary period of six (6) months. Time served during a temporary promotion does not count toward the probationary period.

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 extend an employee’s probation by up to six months upon written notice delivered to the employee prior to the completion of their original probation period.

C. Probationary Release
During the probationary period, an employee, who has not yet obtained regular status in any classification may be terminated from employment by the Department Head without cause and without right of appeal. The affected employee may request a meeting with the Department Head to discuss the reasons for release.

An employee who is rejected while serving a probationary period after promotion shall be returned to the employee’s former classification in which the employee previously passed probation.

Section 2.02 Hours of Work
A. Work Schedules

1. The City shall establish work schedules as may be necessary for the efficient and economical provision of services for the public and to make such adjustments in work shifts as are, from time to time, required.

2. The workweek shall normally consist of 40 hours of work within a period of seven consecutive days or 80 hours of work within 14 days, except as otherwise provided by law. All bargaining unit employees shall be scheduled to work beginning at regular starting times and ending at regular quitting times. Work schedules shall be communicated to each affected employee indicating shift days and hours. Permanent changes in an employee's regular work schedule shall be 107
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communicated in writing to the employee at least 10 working days in advance of the implementation of such changes. This provision applies to regular permanent work scheduling and does not apply to situations identified in Section 4.03 Overtime.

3. It is understood that unusual conditions may create emergencies requiring immediate changes in work schedules. The City shall provide notice to affected employees of such work schedule changes as soon as possible prior to implementation. Whenever possible, said notice shall be within 24 hours or more of said change prior to implementation. Regular work schedules shall not be changed on the day of said change in work schedule for the purpose of avoiding payment of overtime.

Section 2.03 Transfers
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 may be affected at any time by the City Manager upon the recommendations of the Department Heads concerned or to meet the needs of the service. All transfers must be within comparable classes, and no person shall be transferred to a position for which he/she 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 the employee’s classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end-of-probation date.

B. A job change is an employee’s voluntary movement into another classification at approximately the same salary range with different duties and qualifications. 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.

Section 2.04 Promotions/Appointments
A. Promotions From Within

1. The City shall reasonably strive to fill vacant positions on a promotional basis with employees from within. These promotional preference policies shall not apply to the following entry level classifications: Maintenance Worker, Solid Integrated Waste Maintenance Worker, Custodian, and Inventory Assistant.

2. The City may fill a vacant position within a classification by permitting lateral transfers on the basis of seniority by other employees within that classification provided that such a transfer in the judgment of management shall not be detrimental to the mission of that department. In the event such a transfer is not approved, the employee and the Union shall be notified of the reason therefore in writing within ten working days.

3. When a request to fill a vacant or new position has been approved by the Human Resources Department, a formal job bulletin shall then be issued by the Human Resources Department opening the position for 14 consecutive calendar days to solicit applications for promotional opportunities. Job bulletins shall be available on- line and posted in the Human Resources Department and at respective worksites. Job bulletins or other notifications shall also be provided to the union- designated officials in advance of the date the recruitment shall be opened. The Human Resources Department may concurrently solicit applications from current City employees (the “inside pool”) and on an open recruitment basis (the “outside pool”).

4. Applications from full -time employees in the inside pool shall be considered first. If the City determines it is necessary to consider applications of City part -time or temporary employees or from individuals in the outside pool, the affected Department Head shall first notify the Union 108
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Ontario City CouncilJune 15, 2023

Ontario City Council
June 15, 2023