YEARS/MONTHS YEARS
OF SERVICE
HOURS
1 - 4 (0-59 months) 80
5-6 (60-83 months) 120
7 -8 (84 – 107 mos.) 128
9 –10 (108-131 mos.) 136
11–12 (132–155) 144
13 – 14 (156-179) 152
15 – 16 (180-203) 160
17 – 18 (204-227) 168
19+(228 months+) 176
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 12 ARTICLE 28: ACCRUED VACATION TIME SELL BACK
On November 30th of each year, unit members who have utilized any portion of their floating holidays, shall deposit all vacation hours over 300 into the 401(a) plan up to the maximum allowed by law. If more than 300 hours remain in a unit member’s bank, including after the 401(a) conversion, those hours will remain in the bank for future use or conversion.
On November 30th of each year, unit members may make an irrevocable election to cash out vacation hours earned in the following year. Only hours earned in the following year may be paid out. The payout will be made the following December. The election is irrevocable and cannot be changed once the election is made.
All cashed out or converted hours will be paid at the unit member’s regular FLSA rate including any eligible post certification pay.
ARTICLE 29: SICK LEAVE
A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.
B. BUY-BACK: In November of each calendar year, each unit member may elect to be paid for each sick leave day accumulated during the following calendar year, according to the following table:
YEARS OF
SERVICE
MAXIMUM BUY-BACK
HOURS PER YEAR
2-6 48
7 56
8 64
9 72
10 80
11 88
12 96
The payment of hours will occur in November of the following year at his/her current FLSA regular rate of pay. The election is irrevocable and may not be changed once the election is made. A total of one ( 1) year's accumulation must be on the books prior to any compensation being paid .
In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance service credit for the purpose of sick leave buyback to new employees at time of hire.
ARTICLE 30: HOLIDAYS
The holidays which will be honored for employees in the unit will include the following, along with any additional day as designated by action of the City Council:
New Year’s Day January 1
Martin Luther King, Jr. Day Third Monday in January
President’s Day Third Monday in February
Farm Workers Day March 31st
Memorial Day Last Monday in May
Juneteenth June 19th
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 13 Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day Fourth Friday in November Christmas Eve December 24th
Christmas Day December 25th
Two Floating Holidays
Unit members shall not be allowed to carry holidays over from one calendar year to the next. Holidays not taken by December 31st of any given year shall be paid off during January of the year following the year in which the holidays were accrued. Holidays shall be paid at the rate of pay applicable to the shift to which the employee is regularly assigned and shall include supplemental pay (POST certification pay) which may apply to the specific officer. The City will report to CalPERS the Holiday Cash Out amounts. This amount is derived from an employee’s left over Holiday Cash Out amount and paid at the FLSA regular rate of pay. The City will report the Holiday Cash Out on an annual basis to CalPERS in January of each year.
Holiday pay shall be compensated at ten ( 10) hours per holiday. Those employees working more than ten (10) hours per day (flexible work schedule) have the option of being compensated for the remaining hour/hours with accrued compensatory time, accrued floating holiday hours or accrued vacation.
ARTICLE 31: BEREAVEMENT LEAVE
Unit members who suffer a death in their immediate family shall receive four (4) days paid bereavement leave per incident. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse/registered domestic partner: spouse, child, parent, grandparent, grandchild, brother and sister.
ARTICLE 32: MILITARY LEAVE
The City and the Association agree to adhere to all provisions of Federal and State regulations pertaining to military leave.
COMPENSATORY TIME OFF
Effective July I, I 980, the City shall provide each unit member with the option, at the discretion of the employee, of receiving overtime compensation in the form of compensatory time off (CTO) or cash. Unit members shall be authorized to accumulate no more than four hundred twenty (420) hours of CTO during any calendar year. If at any time during a calendar year, a unit member has already accumulated three hundred twenty (320) hours of compensatory time, then overtime payments shall be made in cash.
Consistent with both the reasonable requirements of police administration and the provision of this paragraph, unit members shall be authorized to utilize the accumulated CTO for any purpose.
Unit members shall be granted the use of compensatory time off when the request to do so is provided to the Department in a reasonable amount of time. Requests for use of compensatory time off may only be denied when the request would unduly disrupt the operation of the Department.
The City agrees that it shall be at the discretion of the unit member to use compensatory time off in lieu of vacation or holiday time.
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 14 ARTICLE 34: LEAVE OF ABSENCE WITHOUT PAY
If a unit member takes more than seven (7) accumulated days of leave without pay in a calendar year, commencing at the beginning of the eighth (8th) day of leave without pay and any day of leave without pay thereafter during the calendar year, sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.
ARTICLE 35: FAMILY LEAVE
The City will grant family leave in accordance with the Moore-Brown-Roberti Family Rights Act of 1993 (also known as the California Family Rights Act) and the Federal Family and Medical Leave Act.
ARTICLE 36: WORKWEEK
All unit members assigned to one of the Patrol Teams shall work a 3/ 12 work week consisting of three (3) consecutive work days of 12.5 (twelve and one-half) consecutive work hours, followed by four (4) consecutive days off each week (except instances of shift rotation).
Each unit member shall also work an additional 10 (ten) hour day in each 28 (twenty-eight) day period .
The scheduling of the 10 (ten) hour day shall be at the department's discretion, but every effort will be made to schedule these hours on day/days that is/are contiguous with the Officer's scheduled workweek. Department necessity will be the standard for scheduling of these hours.
All unit members assigned to a unit other than one of the regular Patrol Teams shall work a 4/10 consisting of four (4) consecutive workdays of ten (I 0) consecutive hours followed by three (3) consecutive days off each week or Patrol’s 3/ 12 schedule at the discretion of the Chief.
ARTICLE 37: POLICE DUTY-OTHER THAN MUNICIPAL DUTY
Effective January 1, 1977, a unit member who performs services for an individual or organization other than the City of Redlands for which the City of Redlands has the right to bill for such services shall be paid at the rate of one and one-half times (1 1/2) the then existing hourly rate of the affected employee performing the service.
ARTICLE 38: CORPORAL RANK
The City and the Association agree that the rank of Police Corporal shall be assigned the same base wage range as that assigned to the rank of Detective.
ARTICLE 39: LATERAL HIRE INCENTIVE POLICY
In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance the following to new unit members at time of hire:
A. Sick Leave: An immediate sick leave accrual balance, not to exceed a maximum of 96 hours; B. Vacation: An immediate vacation accrual balance not to exceed the equivalent of the new employee's annual accrual rate for vacation earned at the time of separation of employment with his or her former agency;
Lateral unit members with experience as a peace officer (as defined in Penal Code section 830.1) in the State of California will automatically be granted accrual rates for vacation and sick leave as if their previous experience as a peace officer was in the City of Redlands..
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 15 ARTICLE 40: LONGEVITY PAY (PEACE OFFICER)
A. The City agrees that unit members that have at least five (5) years of continuous service with the City of Redlands and a combination of fourteen (14) years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.01 to 830.4) in the State of California shall receive compensation in the amount of five percent (5%) of Base Salary, effective at the beginning of the first pay period following the completion of their fourteenth (141h) year of service.
B. The City agrees that unit members that have at least five (5) years of continuous service with the City of Redlands and a combination of nineteen (19) years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.01 to 830.4) in the State of California shall receive compensation in the amount of three percent (3%) of Base Salary, effective at the beginning of the first pay period following the completion of their nineteenth (191h) year of service.
C. The 19-year longevity percentages shall be compounded with the 14-year Longevity Pay.
D. An employee may only receive Longevity Pay under Article 40 or Article 14. An employee is not eligible or entitled to receive Longevity Pay under both Articles at the same time.
ARTICLE 41: K-9 PAY
Unit members while assigned to a K-9 Assignment shall receive extra compensation in the form of 3.5 hours of compensatory time off, banked for each pay period during the K-9 Assignment.
ARTICLE 42: NO STRIKE PROVISIONS
The Association agrees that it will not authorize, instigate, aid, condone, or engage in any strike which will interrupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.
ARTICLE 43: PREVAILING BENEFITS
Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.
ARTICLE 44: SAVINGS CLAUSE
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful.
Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.
ARTICLE 45: MANAGEMENT RIGHTS
The authority of the City includes the exclusive right to determine the mission of its constituent department, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 16 because of lack of work or for other legitimate reasons; maintain the efficiency of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology · of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from requiring employer to meet and confer regarding decisions that may have an effect on wages, hours and working conditions. By agreeing to this provision, neither of the parties intend to waive or limit, in any way, any rights they may have under existing law, including, but not limited to the Meyers- Milias Brown Act (Government Code Section 3500 et seq .) ARTICLE 46: DEATH OF EMPLOYEE
If a unit member dies while on duty, the City shall calculate compensation for the entire shift. The eligible dependents of deceased unit members shall be entitled to benefits as follows:
Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.
In the event the deceased unit member qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.
The City will inter at Hillside Cemetery, at no cost to the unit member or his/her family, any active unit member who dies in the line of duty, or dies from any disease that is recognized by the State of California as being associated with the job of being a public safety officer.
ARTICLE 47: ZIPPER CLAUSE
The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this MOU, including salaries and benefits, and conditions of employment, and therefore the City and the Association further agree that negotiations will not be reopened on any item during the term of this MOU, except by mutual agreement of the City and the Unit, or as expressly provided otherwise in this MOU.
ARTICLE 48: RELEASE TIME
The City shall provide a total not to exceed 300 hours per year of paid release time from duty for the conduct of any Association activities as determined in the sole discretion of the Association. An Association member’s time in labor negotiations with the City shall not be included in the 300-hour allocation. The Association shall provide the City with notification of its intent to utilize release time to the Human Resources Division at least seven (7) days prior to the usage.
ARTICLE 49: WORKING OUT OF CLASSIFICATION
Unit members temporarily required to perform the duties of a higher classification for at least one work week shall receive additional compensation equal to five percent (5%) of the unit member’s regular rate of pay for all hours in which that member is temporarily required to perform the duties of a higher classification. When a vacancy exists which requires a unit member to perform the duties of a higher classification, that unit member shall have the right to fill such vacancy for the duration of the work week.
ARTICLE 50: REOPENERS
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 17 At the request of the Association, and upon mutual agreement of the parties, one or more terms of this MOU may be reopened for further discussion. The lack of mutual agreement to reopen shall not be subject to the grievance procedure, unfair labor practices before PERB, and/or court action.
ARTICLE 51: EMPLOYEE CONDUCT, DISCIPLINE AND GRIEVANCE PROCEDURES SECTION 1 Definition and Objective of Discipline
Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain standards of cooperation and conduct necessary to successfully carry out the service mission of the City organization. The terms “Discipline” and “Disciplinary action” as used herein are intended to be consistent with the term “punitive action” as defined in Government Code section 3303, “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” Nothing in this section is intended to waive or in any way diminish an employee’s rights under the law, including, but not limited to the Public Safety Officers Procedural Bill of Rights Act (Government Code section 3300 et seq, “POBRA”) and any conflict between these procedures and POBRA shall be resolved in favor of POBRA. Self-discipline or self-conformity is the goal of this section. Where self-discipline fails, disciplinary action is authorized and shall be accomplished in such a manner as to be just, equitable, consistent, and suited to the situation. The disciplinary action, when taken shall be documented in such a manner as to be defensible on appeal and/or review.
In all instances where disciplinary action is contemplated, with the exception of a written reprimand or probationary rejections, permanent full-time employees shall be afforded a reasonable opportunity to present, in person, their view of the incident(s) resulting in the disciplinary action to the supervisor charged with disciplinary authority prior to a decision to impose disciplinary action.
Any employee having supervisory authority and responsibility shall discuss deficiencies in performance, conduct, and other matters with subordinates at the time they are observed or become aware of such conduct, pointing out corrective action the employee should take. Whenever possible, sufficient time for improvement shall precede formal disciplinary action.
Types of disciplinary actions, which may be taken in order of severity, are: dismissal, demotion, reduction in pay steps within a pay range, suspension and written reprimand, or an appropriate combination of these disciplinary actions. The aforementioned types of disciplinary actions are defined as follows:
A. Dismissal: The discharge of an employee from the City service in accordance with these provisions.
B. Non-Probationary Demotion: The movement of an employee from a position in one classification to a position in another classification having a lower maximum rate of pay.
C. Reduction in Pay: The temporary or permanent decrease of the employee's pay rate within the pay range established for the employee's classification.
D. Suspension: The temporary separation from the City service of an employee without compensation for a period not to exceed thirty (30) working days in any one (1) calendar year.
E. Written Reprimand: An official notification in writing by the Police Chief or designee to the employee that the employee has committed conduct which is in conflict with a Department standard and that further disciplinary measures may be taken if the employee commits similar misconduct.
SECTION 2 Disciplinary Procedures
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 18 A. Purpose: The purpose of the Disciplinary Procedures is to afford the affected permanent full-time employee an opportunity to present such employee's view of the factual situation leading to the proposed disciplinary action and to afford independent administrative review of any disciplinary action which is taken. With the exception of written reprimands and probationary rejections, the Disciplinary Procedures set forth herein shall be followed in all instances where disciplinary action is contemplated for any permanent, full-time employee in the classified service.
B. Initial Notice and Right to Respond: Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Assistant Chief for further investigation or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the employee with a pre-disciplinary procedural due process meeting (Skelly) by providing written notice of the charges, proposed action, and reasons for the proposed action.
Except as provided below, no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided below. The public agency shall not be required to impose the discipline within that one-year period under the following circumstances:
a. If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. b. If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. c. If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
d. If the investigation involves more than one employee and requires a reasonable extension. e. If the investigation involves an employee who is incapacitated or otherwise unavailable. f. If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. g. If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.
h. If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer. (Government Code Section 3304(d)) At the time of the service of the Notice of Intent to Discipline, the Chief of Police shall also provide the employee with
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 19 (a) Access to all of the materials considered by the Chief of Police in recommending the proposed discipline
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice.
1. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable extension of time for the employee to respond.
2. If the employee elects to respond orally, the presentation may be recorded by the Department and/or the employee. Upon request, the employee shall be provided with the Department’s copy of the recording.
Once the employee has completed his/her response or if the employee has elected to waive any such response, the Chief of Police shall consider all information received in response to the recommended discipline. The Chief of Police shall render a timely written decision to the employee and specify the grounds and reasons for discipline and the effective date of the discipline, within 30 days of the decision, except if the public safety officer is unavailable for discipline. Once the Chief of Police has issued a written decision and served that decision on the employee, the discipline shall become effective.
The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following:
(a) The response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c) The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d) In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results prior to the imposition of any discipline. The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials.
C. Final Notice and Implementation of Disciplinary Action: Upon the completion of the procedures set forth above, the affected employee shall be informed by the initiator of the disciplinary action, in writing, of the action taken, with a copy to the Human Resources Division.
D. Appeal Procedure:
Upon receipt of the final disciplinary action from the Police Chief, the employee shall have the right to appeal the decision in writing to the City Manager. The filing of an appeal will not stay the disciplinary action. Said appeal shall be delivered to the Human Resources Division within ten (10) working days of the employee’s receipt of the Police Chief’s action. Otherwise, the Police Chief’s action shall be final and binding.
The City Manager shall not conduct a de novo evidentiary hearing, but shall meet with the employee and his/her representative. The meeting shall be recorded. Within twenty (20) working days of the conclusion of the meeting, the City Manager shall issue his/her final decision and advise the employee of his/her appeal rights pursuant to this Policy.
Except with respect to written reprimands equal to or less than forty (40) hours, and promotional probationary rejections, upon receipt of notice of final disciplinary action from the City Manager, the employee shall have the City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 20 right to appeal the decision in writing to a third party arbitrator. Said appeal shall be delivered to the Human Resources Division within ten (10) working days of the employee's receipt of the City Manager’s action.
Otherwise, the City Manager’s action shall be final and binding.
Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action. However, if the reason or reasons behind the discharge would tend to stigmatize the employee’s reputation and negatively impact on future employment, and are publicized, the employee is entitled to a liberty interest hearing to clear his or her name.
SECTION 3 Disciplinary Authority
The Police Chief or designee shall have the power and duty to determine and implement disciplinary actions pursuant to these provisions. Disciplinary actions shall be final unless modified by the City Manager or an arbitrator, as determined in accordance with these provisions.
All persons holding positions in the classified service shall be subject to written reprimand, suspension, demotion, reduction in pay or dismissal from employment for misconduct, incompetency, inefficiency, or failure to perform duties or to observe the rules and regulations of the City, department or division, but subject to the right of appeal in the manner and to the extent set forth in these provisions.
A. Written Reprimand: The Police Chief or designee may prepare a written reprimand on a subordinate for cause.
Such reprimand shall be addressed to the employee and shall be acknowledged in writing by the employee. A signed copy shall be forwarded to the Human Resources Division along with a narrative report of the case.
Written reprimands shall only be appealable pursuant to the provisions set forth herein. In addition to pursuing any appeal, an employee shall have the right to attach a response to a disputed written reprimand.
B. Suspension: An employee may be suspended without pay by the Police Chief or designee for a period up to, but not exceeding, thirty (30) working days. Before the effective date of any suspension, the employee shall be furnished with written notice setting forth such reasons for such suspension pursuant to Section 2 of these provisions. The employee will also be advised of the right to appeal under these provisions, and informed of the regulations and procedures governing such appeals.
C. Reduction in Pay: The Police Chief or designee may temporarily, or permanently, reduce an employee's pay range and/or salary up to fifteen percent (15%). Before the effective date of said reduction, the employee shall be advised of the action and the reasons therefore pursuant to Section 2 of these provisions. The employee reduced by such action shall be assigned a new anniversary date for merit review purposes; such date shall coincide with the effective date of the reduction action. Such action will be subject to appeal under the appeal procedure set out in these provisions. The Police Chief or designee may, after six (6) months from the effective date of the reduction, reinstate all or any portion of the reduction in pay.
D. Non-Probationary Demotion: Before the effective date of a non-probationary demotion, the employee shall be advised of the action and the reasons therefor pursuant to Section 2 of these provisions. The employee demoted by such action shall be assigned a new anniversary date for merit review purposes; such date shall coincide with the effective date of the demotion. Such action will be subject to appeal under the appeal procedure set out in these provisions.
E. Dismissal: The Police Chief or designee may terminate without cause any employee who lacks permanent status.
The Police Chief or designee may terminate a permanent employee on any ground(s) designated in Section 4 of these provisions, subject to Section 2 of these provisions. The Police Chief or designee shall provide the terminated permanent employee with a written statement of the reason for the action including the ground or City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 21 grounds involved pursuant to Section 2 of these provisions. Such termination action shall be subject to appeal under the appeal procedure set out in these provisions.
SECTION 4 Grounds for Disciplinary Action
The grounds for disciplinary action are set forth in Policy No. 322, Standards of Conduct, in the Redlands Police Department Policy Manual.
SECTION 5: Records
Original copies of all written records pertaining to disciplinary actions shall be maintained in the employee's personnel file.
ARTICLE 52: THIRD PARTY ARBITRATION PROCESS FOR DISCIPLINARY APPEALS
AND GRIEVANCE APPEALS
SECTION 1 Right of Binding Arbitration for Appeals of Disciplinary Action Any permanent employee shall have the right to appeal to binding arbitration disciplinary actions involving termination, suspensions greater than forty (40) hours, reduction in salary/pay, and non-probationary demotion.
SECTION 1A Right of Binding Arbitration for Grievances
Any grievant(s) shall have the right to have grievances determined at binding arbitration.
SECTION 2 Process for requesting binding arbitration
The employee's or grievant(s)’ request for binding arbitration must be addressed to the Human Resources Division and received in the Human Resources Office within the time periods set forth in this Agreement. The Human Resources Office has a ministerial duty to timestamp any request presented to it via email, facsimile or in person on the date received.
If, within the appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an appeal hearing shall be established as follows:
A. If a single third party arbitrator cannot be agreed upon by the Human Resources Division and the employee's representative (or employee alone if unrepresented), the California State Mediation and Conciliation Service shall be requested to submit to the City and the employee a list of seven (7) persons qualified to act as arbitrators. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall meet, or confer by telephone, to select the arbitrator. The parties shall alternately strike one (1) name from the list of arbitrators (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the arbitrator.
B. Subject to the arbitrator’s availability, the date for a hearing shall not be less than twenty (20) calendar days, nor more than sixty (60) calendar days, from the date of the filing of the appeal with the Human Resources Division unless the parties stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time and place of hearing.
C. All hearings shall be private, however, the arbitrator shall, at the request of the employee, open the hearing to the public.
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 22 D. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than five (5) calendar days, prior to the commencement of such hearing. The city agrees to reasonably produce City employees. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the arbitrator.
E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The arbitrator shall not be bound by technical rules of evidence. The arbitrator shall rule on the admission or exclusion of evidence.
F. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. In the case of an appeal of discipline, if the employee does not testify on his/her own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, employee/employer representative) mutually agree that same is not necessary. In the event that both parties mutually agree that a court reporter is not necessary the hearing shall be electronically recorded. If either party requests a transcript of the electronic recording, the parties shall have the recording transcribed by a court reporter, and the costs shall be shared equally by the parties.
G. A binding arbitration hearing appealing discipline shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence of the misconduct;
4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.
H. A binding arbitration for a grievance shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:
1. The grievant(s) shall be permitted to make an opening statement;
2. The City shall then be permitted to make an opening statement;
3. The grievant(s) shall present the evidence on his/her/their parts; the grievant(s) bear the burden of proof and burden of producing evidence supporting their claim(s); City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 23
4. The City may then open its defense and offer evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.
I. The arbitrator shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the arbitrator, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures or television pictures shall be taken in the hearing chamber during a hearing. The arbitrator, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The arbitrator shall render his/her judgment as soon after the conclusion of the hearing as reasonably possible and in no event later than thirty (30) calendar days after conducting the hearing. In the case of an appeal of discipline, the arbitrator’s decision shall set forth which charges, if any, are sustained and the reasons therefor. In the case of a grievance, the arbitrator’s decision shall set forth the relief, if any, provided to grievant(s) and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
The opinion shall be binding.
J. In the case of an appeal of discipline, the arbitrator may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. He/she may not increase the level of discipline imposed by the City Manager.
K. The arbitrator’s opinion shall be filed with the City Manager, with a copy sent to all parties, and the Human Resources Division, and shall set forth his/her findings and decision.
L. In the case of a dismissal hearing where a dismissal is not the arbitrator’s decision, the opinion shall set forth the recommended date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
M. In the case of an appeal of discipline, if the discipline imposed resulted in loss of pay, and the arbitrator’s decision results in reduction or elimination of loss of pay and/or other benefits, the pay and/or benefits loss shall be restored to the employee based on the number of regularly scheduled work hours lost computed at his/her then base hourly rate.
N. The costs of the arbitration and the court reporter shall be shared equally by the parties.
O. The provisions of Section 1285 et. seq. of the Code of Civil Procedure shall be applicable to proceedings under this Section.
SECTION 3 Appeals of Suspensions of Forty (40) Hours or Less and Promotional Probationary Rejections
A permanent employee shall have the right to appeal a suspension of forty (40) hours or less or promotional probationary rejection in the following manner:
1. The Police Chief shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the Police Chief of the specific action against the employee. This statement shall clearly inform the employee that he/she has the right, within ten (10) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the Police Chief.
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 24
2. If within the ten day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.
3. If within the ten day appeal period the employee involved files such notice of appeal by giving written notice of appeal to the Police Chief, a time for an appeal hearing before the City Manager or the Police Chief (at the employee’s discretion) shall be established. The date for a hearing shall not be less than ten (10) calendar days, nor more than thirty (30) calendar days, from the date of the filing of the appeal, unless the parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.
4. The City Manager, or Police Chief, shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party’s expense.
Within ten (10) calendar days after the conclusion of the hearing, the City Manager, or Police Chief, shall deliver to the employee a written decision which shall either (a) affirm the decision, (b) modify it by (1) holding that certain charges were not established by a preponderance of the evidence and/or (2) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.
Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action under these provisions.
SECTION 4 Appeals of Written Reprimands
Any employee wishing to formally appeal a written reprimand must submit a written request to his/her Bureau Supervisor (the Bureau Lieutenant, or if there is no Lieutenant, the Bureau Commander) within ten days of receipt of the written reprimand. The Bureau Supervisor will then assign the appeal to an uninvolved supervisor of at least one rank above the rank of the supervisor issuing the original written reprimand. Absent a written stipulation to the contrary, the employee will be provided with an evidentiary hearing before the assigned, uninvolved supervisor within 30 days. The decision of the assigned, uninvolved supervisor to sustain, modify or dismiss the written reprimand shall be considered final.
ARTICLE 53: GRIEVANCE PROCEDURES
SECTION 1: Purpose of Rule
A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
C. To provide that grievances shall be settled as near as possible to the point of origin.
D. To provide that grievances shall be conducted as informally as possible.
SECTION 2 Matters Subject to Grievance Procedure
An employee or recognized employee organization shall have the right to file a grievance concerning an alleged violation of expressed terms of a memorandum of understanding provision, City policy, City Rules and Regulations, administrative orders and/or procedures, except that the following subjects are excluded from the scope of the grievance procedure:
City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 25 A. Disciplinary action.
B. Matters which are within the exclusive jurisdiction of another agency, and for which a means of appeal is provided.
C. Performance evaluations.
SECTION 3 Informal Grievance Procedure
An employee or recognized employee organization who has a problem or complaint subject to the grievance procedure should first attempt to settle same through discussion with the immediate supervisor within fifteen (15) calendar days that the employee knew, or by the exercise of reasonable diligence should have known, of the circumstances giving rise to the grievance. In the case of a recognized employee organization, it shall attempt to settle such problem with the Human Resources Division. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss it with the supervisor's immediate supervisor, if any. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.
If the employee or recognized employee organization is not in agreement with the decision reached by discussion, the employee or recognized employee organization shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of the immediate supervisor or Human Resources Division.
Formal written grievances shall specifically identify the employee(s) affected, shall specifically identify the action being grieved, and shall include a statement of the action(s) desired by the grievant and the reasons therefor.
SECTION 4 Formal Grievance Procedure (Levels of Review Through Chain of Command) A. First Level of Review: For a grievance by an individual employee only, such grievance shall be presented in writing to the employee's immediate management supervisor (Bureau Manager), who shall render a decision and comments in writing and return them to the employee within ten (10) calendar days after receipt of the grievance. If the employee does not agree with the supervisor's decision, or if no answer has been received within ten (10) calendar days, the employee may present the grievance, in writing, to the Police Chief. Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision of the management supervisor, or within fifteen (15) calendar days if no decision is rendered, shall constitute a waiver of the grievance. For a grievance filed by the recognized employee organization on its own behalf, or on behalf of more than one individual employee, the initial formal filing of the grievance shall be with the Police Chief as set forth in Paragraph B below and shall be filed within ten (10) calendar days after receiving the informal decision of the Human Resources Division.
B. Police Chief Review: The Police Chief, or designee, shall discuss the grievance with the grievant(s), the grievant(s)’s representative(s), if any, and with other appropriate persons. The Police Chief shall render a decision and comments in writing, and return them to the grievant(s) within ten (10) calendar days after receiving the grievance. If the grievant(s) does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, the grievant(s) may present the grievance in writing to the City Manager.
Failure of the grievant(s) to take further action within ten (10) calendar days after receipt of the Police Chief’s written decision, or within fifteen (15) calendar days if no decision is rendered, shall constitute waiver of the grievance.
C. City Manager: The City Manager, or designee, upon receipt of the grievance, shall discuss the grievance with the grievant(s), or the grievant(s)’s designated representative(s), and with other appropriate persons. The City Manager shall render a decision in writing to the grievant(s) within twenty (20) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within twenty (20) calendar days, the grievant(s) shall have a right to have the matter decided at binding arbitration City of Redlands & Redlands Police Officer Association MOU – 2026~2029 Page 26 pursuant to this agreement. Failure of the employee to take further action within ten (10) calendar days after receipt of the City Manager’s written decision, or within twenty (20) calendar days if no decision is rendered, shall constitute waiver of arbitration.
SECTION 5 Conduct of Grievance Procedure
A. The time limits specified above may be extended to a definite date by mutual agreement of the grievant(s) and a representative of the City or the reviewer concerned.
B. The grievant(s) may request the assistance of another person of his/her own choosing in preparing and presenting the grievance at any level of review.
C. Grievants shall be assured freedom from reprisal for using the Grievance Procedures.
ARTICLE 54: SIGNATURES
CITY OF REDLANDS REDLANDS POLICE OFFICERS ASSOCIATION
MARIO SAUCEDO, MAYOR JEFF FRISCH, PRESIDENT DATE
ADOPTED, SIGNED AND APPROVED
THIS 21ST DAY OF JULY, 2026
MAZI SHAHABI, VICE PRESIDENT DATE
ATTEST:
_______________________________________
JEANNE DONALDSON, CITY CLERK
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF REDLANDS
AND
Redlands Police Officers
Association
JULY 1, 2023 2026 – JUNE 30, 20262029
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
City of Redlands
AND
Redlands Police Officers Association
July 1, 2023 2026 – June 30, 20262029
Article 1: Term Of Agreement .................................................................................................................................. 4 Article 2: Preamble ................................................................................................................................................... 4 Article 3: Recognition ............................................................................................................................................... 4 Article 4: Salaries ...................................................................................................................................................... 4 Article 5: Retirement ................................................................................................................................................ 4 Article 6: Uniform Allowance……………………………………………………………………………………………………………………………..5 Article 7: Post Certification Pay ............................................................................................................................... 5 Article 8: Field Training Officer Sergeant Incentive Pay .......................................................................................... 6 Article 9: Overtime Compensation .......................................................................................................................... 6 Article 10 : Reimbursement of Educational Expenses .............................................................................................. 7 Article 11: Mobile Device Pay .................................................................................................................................. 7 Article 12: Bilingual Pay ........................................................................................................................................... 7 Article 13: Court Pay/Call Back Pay ......................................................................................................................... 8 Article 14: Longevity Pay (City of redlands) ............................................................................................................. 8 Article 15: Crime Scene Technician Pay ................................................................................................................... 9 Article 16: Field Training Officer Pay ....................................................................................................................... 9 Article 17: Shift Differential Pay .............................................................................................................................. 9 Article 18: POST Certification Pay and Other Incentive Pay Calculation .................................................................. 9 Article 19: 401 A Plan .............................................................................................................................................. 9 Article 20: Representation ................................................................................................................................... 109 Article 21: health Benefits ................................................................................................................................... 109 Article 22: Dental Insurance .................................................................................................................................. 10 Article 23: Vision Insurance ................................................................................................................................... 10 Article 24: Retiree Insurance Benefits ................................................................................................................... 10 Article 25: Life insurance ....................................................................................................................................... 11 Article 26: State Disability Insurance ................................................................................................................. 1211 Article 27: Vacation ........................................................................................................................................... 1211 Article 28: Accrued Vacation Time Sell Back ......................................................................................................... 12 Article 29: Sick Leave ............................................................................................................................................. 12 Article 30: Holidays ............................................................................................................................................. 1312 Article 31: Bereavement leave .............................................................................................................................. 13 Article 32: Military Leave .................................................................................................................................. 1413 Article 33: Compensatory Time off .................................................................................................................. 1413 Article 34: Leave of Absence without Pay ............................................................................................................. 14 Article 35: Family Leave ......................................................................................................................................... 14 Article 36: Workweek ............................................................................................................................................ 14 Article 37: Police Duty-Other than Municipal Duty ............................................................................................... 14 City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 3 Article 38: Corporal Rank ................................................................................................................................... 1514 Article 39: Lateral Hire Incentive Policy ............................................................................................................. 1514 Article 40: Longevity Pay (PEACE OFFICER) ............................................................................................................ 15 Article 41: K-9 Pay .................................................................................................................................................. 16 Article 42: No Strike Provisions .......................................................................................................................... 1716 Article 43: Prevailing Benefits ........................................................................................................................... 1716 Article 44: Savings Clause .................................................................................................................................. 1716 Article 45: Management Rights ............................................................................................................................ 17 Article 46: Death of Employee ............................................................................................................................... 17 Article 47: Zipper Clause .................................................................................................................................... 1817 Article 48: Release Time .................................................................................................................................... 1817 Article 49: Working Out of Classification .............................................................................................................. 18 Article 50: Reopeners ............................................................................................................................................. 18 Article 51: Employee Conduct, Discipline And Grievance Procedures ................................................................... 18 Article 52: Third Party Arbitration Process For Disciplinary & Grievance Appeals............................................... 22 Article 53: Grievance Procedures ...................................................................................................................... 2625 Article 54: Signatures ............................................................................................................................................ 27 City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 4 Article 1:TERM OF AGREEMENT
Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2023 2026 and shall expire on June 30, 20262029.
Article 2:PREAMBLE
It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Redlands (hereinafter referred to as “City”) and the Redlands Police Officers Association (hereinafter referred to “Association”).
Article 3:RECOGNITION
The Redlands Police Officers Association is the recognized employee organization for all sworn personnel (hereinafter referred to as “affected employees” or “unit members”) employed in the Police Department except for those employees occupying the classifications of Lieutenant, Captain, Commander, Deputy Chief and Chief of Police.
Article 4:SALARIES
Effective the first full pay period after July 1, 20232026, or the first full pay period after City Council approval of this MOU, whichever is later, all unit members shall receive a seven seven percent (77%) increase to base salary over the prior year.
Effective the first full pay period after July 1, 20242027, all unit members shall receive a two three percent (23%) increase to base salary over the prior year.
Effective the first full pay period after July 1, 20252028, all unit members shall receive a two three percent (23%) increase to base salary over the prior year.
In addition to the above salary increases, the Salary Range shall be rRestructured as follows:
a. Effective the first full pay period after July 1, 2026, or the first full pay period after City Council approval of this MOU, whichever is later, the City shall eliminate Step 0 on the salary range for each classification.
Employees on Step 0 at that time shall immediately be placed on Step 1. For those employees being advanced to Step 1, service hours for the purpose of receiving their next merit increase shall not reset. b. Effective the first full pay period after July 1, 2026, or the first full pay period after City Council approval of this MOU, whichever is later, the City shall establish three new steps (Steps 5, 6 and 7) at the top of the salary range for each classification. Each of the new steps shall be approximately two and a half percent (2.5%) higher than the preceding step.
c. Advancement to the new Steps 5, 6, and 7 shall continue to occur upon an employee’s anniversary date.
Article 5:RETIREMENT
Classic Members
A. All unit members other than "new members" as defined by the PEPRA and/or California Government Code section 7522.04 (f) shall individually pay 9% of "compensation earnable" as defined in Government City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 5 Code Section 20630, representing the member employee's contribution to CalPERS. These contributions shall, at the time of termination, belong to the employee. All other required contributions to CalPERS for unit members other than "new members" as defined by the PEPRA and/or California Government Code section 7522.04 shall be made by the City.
B. Only as to unit members hired prior to January 1, 2013 or otherwise defined by PEPRA as a Classic Member, the City shall individually provide the following provisions in its contract with the PERS retirement system:
3% @ 50 Retirement Formula
Survivor Continuance
Highest Single Year
New Members
C. The Public Employees' Pension Reform Act (PEPRA) and Application to PEPRA Defined "New Members" Unit members who are "new members" as defined by the PEPRA and/or California Government Code Section 7522.04(f), shall be required to pay a PERS member contribution in an amount equal to 50% of the normal cost rate for the Defined Benefit Plan provided for by PEPRA, in which the new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater, pursuant to Government Code Section 7522.30.
Those new members shall be enrolled in the 2.7% at 57 Benefit Plan, as provided for in Government Code Section 7522.25(e), with a final compensation measurement period of 36 consecutive months as set forth in Government Code Section 7522.32(a), and their retirement benefits shall be calculated based on "pensionable compensation" (Section 7522.10) rather than compensation earnable (Section 20636).
All Unit Members
D. To the extent permitted by law, retirement contributions herein made by the employees shall be made on a pre-tax basis.
E. The City shall report to CalPERS as compensation only the percent, if any, of the Member contribution funded by the City.
Article 6: UNIFORM ALLOWANCE
Upon completion of six (6) months of employment within a Police Department classification, employees in the unit will be provided with a uniform allowance in the amount o f thirty-two hundred dollars ($3200) per year. The uniform allowance shall be paid as follows: fifty percent (50%) paid the first week in January of each year and fifty percent (50%) paid the first week in July of each year.
For all unit members other than “new members” (as defined by the PEPRA or Government Code Section 752204(f)), the above amounts shall be reported to CalPERS as special compensation.
Every five (5) years, the City shall reimburse members for the purchase of a custom-fitted load-bearing vest carrier of similar quality to the Blankenship Police Supply Tactical, one pair of high-quality service boots meeting OSHA service requirements, and one pair of safety glasses, collectively in a total amount not to exceed one thousand one hundred dollars ($1100). Unit members must provide detailed receipts of purchase for all of the above items at the same time to Human Resources to begin the reimbursement process.
ARTICLE 7: POST CERTIFICATION PAY
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 6 Effective the first full pay period after July 1, 2023, members of the unit shall be eligible for an increase in base salary when a POST certificate is earned under the following schedule:
BASIC POST CERTIFICATE 5% of (Bbase Ssalary+Longevity Pay) INTERMEDIATE CERTIFICATE 14% of (Bbase Ssalary+Longevity Pay) ADVANCED CERTIFICATE 22.5% of (Bbase salaryase Salary + Longevity Pay) (The above percentages shall not be compounded upon each other.) Unit members shall be responsible for submitting their POST Certification to Human Resources. Compensation will be effective the first full pay period following submission of POST Certification to Human Resources.
ARTICLE 8: FIELD TRAINING OFFICER SERGEANT INCENTIVE PAY
THE SARGEANTSERGEANT OVERSEEING THE FIELD TRAINING OFFICER (FTO) PROGRAM SHALL RECEIVE A FIVE PERCENT (5%) INCENTIVE PAY OF SALARYFTO PAY IN THE AMOUNT OF FIVE PERCENT (5%) OF (BASE SALARY+LONGEVITY PAY+ POST CERTIFICATION PAY). THIS PAY DIFFERENTIAL SHALL ONLY BE PAID WHILE THE EMPLOYEE IS SERVING AS THE FTO SERGEANT.
ARTICLE 89: OVERTIME COMPENSATION
A. FLSA Overtime
The City provides a 3/12.5 work schedule as set forth in Article 361 of this MOU. Accordingly, the City has also previously elected a FLSA 7(k) work period of 28 days (maximum non-FLSA overtime hours of 171) as applicable to all law enforcement personnel in the represented unit. Payroll will provide RPOA with a 28 day pay period calendar by December 15 of the year prior for the entire next calendar year. For example, RPOA will receive a list of 2024 calendar year 28 day pay periods by December 15, 2023.
The City shall pay each employee premium overtime compensation (time and one-half the employee's regular rate of pay, as that term is used in the Fair Labor Standards Act) for all hours worked in excess of 171 hours under the FLSA 7(k) 28 day work period.
All paid leaves, including, but not limited to, vacation leave, compensatory time off, holiday leave, sick leave and industrial injury (IOD) leave shall not be counted as hours worked towards reaching the 171 hour FLSA 7(k) overtime threshold.
B. Pay Back Hours
In an attempt to provide balanced paychecks to RPOA members during each pay period, the City agrees to pay five (5) "pay back hours" at the regular rate of pay to members every pay period in which a payback shift is worked. Members shall bank 5 (five) straight hours of pay back hours to be paid on the paycheck where the member did not work the "pay back shift". The pay back hours shall only be counted as hours worked towards reaching the 171 hour FLSA 7(k) overtime threshold if the member actually worked those hours in the 28 day work period; and shall be counted in the pay period in which the banked hours were worked, not necessarily in the pay period in which the hours are paid .
C. Agreed Upon Overtime
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 7 The City shall pay each unit member "agreed upon" overtime compensation at a rate of time and onehalf the employee's regular rate of pay, as that term is used in the FLSA, for the following hours worked:
1. Daily Overtime - Hours worked in excess of the employee's scheduled shift.
2. Court Pay/Call Back Pay -As defined in Article 132.
3. Billed Overtime - Hours worked which are 100% compensated at a 1.5 times regular hourly rate by a third party.
4. Non-Regularly Scheduled Shift Hours - Hours worked on a shift that is not scheduled in the unit member's regularly scheduled workweek.
ARTICLE 910 : REIMBURSEMENT OF EDUCATIONAL EXPENSES
Each unit member enrolled in a degree program on or before November 4, 2014, shall be entitled to tuition reimbursement for courses, books, and other learning aid while attending an accredited school of higher learning.
The course(s) must be career related, must be necessary for obtaining a degree, must be pre-approved by the unit employee’s department head and the unit employee must earn a passing grade to receive reimbursement.
Those unit members enrolled in a degree program on or before November 4, 2014 shall receive 100% reimbursement for the actual cost of degree program-related fees, including tuition and books, in an amount charged by the University of California, Riverside, for the same or similar courses.
Unit members enrolled in a degree program after November 4, 2014 shall receive 100% reimbursement for the actual cost of degree program-related fees, including tuition and books, in an amount charged by the University of California, Riverside, for the same or similar courses. However, any such unit member shall not receive reimbursement in excess of Two Thousand dollars ($2,000) in any one fiscal year.
Upon the approval of the Chief of Police or his/her/their designee and the Human Resources Director, a unit member may use up to one-thousand dollars ($1,000.00) per year of their available $2,000 per fiscal year tuition reimbursement for attendance at a seminar or conference for the purpose of professional development. That $1,000 per year amount may be applied for hotel and travel expenses related to the attendance at such a seminar or conference.
Unit members are responsible for coordinating approval and/or any request for time off of work with the Department Head or his/her designee.
ARTICLE 1110: MOBILE DEVICE PAY
All unit members who are required to carry a mobile device for the benefit of the City shall receive one hundred dollars ($100) per month in addition to their regular base salary. The department head shall determine which members shall be required to carry mobile devices. All employees receiving this incentive shall be required to carry the mobile device at all times.
ARTICLE 1112: BILINGUAL PAY
Unit members are eligible for bilingual pay in accordance with the City's Bilingual Pay Program and as set forth below. Authorized employees shall receive additional compensation in the amount of One Hundred Dollars ($100) per month. Seventy-Five Dollars ($75) per pay period.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 8 Up to 16 officers will be eligible to receive bilingual pay for Spanish, at the discretion of the Chief of Police or his/her/their designee.
For Chinese, Arabic, Vietnamese, Indonesian, and Tagalog, the Police Chief has the discretion to approve up to 2 officers for each language; for other languages, the Police Chief has the discretion to approve up to 1 officer; the Police Chief can make recommendation(s) for additional persons to be approved or denied by Human Resources.
All officers approved for bilingual pay must take and pass appropriate testing administered by Human Resources.
ARTICLE 1213: COURT PAY/CALL BACK PAY
A. Unit members who are called to duty or who actually appear pursuant to a lawfully issued subpoena to testify during their off-duty hours shall be compensated for all hours actually worked plus three (3) hours, at time and one- half (1 1/2) their regular rate of pay. Unit members who work a night shift which ends on the day of a court appearance shall be compensated as set forth above unless their shift is extended for a call for service or other emergency up to the time subpoenaed for court.
B. A unit member whose work schedule is changed with less than seventy-two (72) hours advance notice, except in the event of a bonafide emergency situation, (i.e., earthquake, flood or natural disaster) shall be paid for all hours worked, plus three hours at time and one half the employee's regular rate of pay, for each such shift.
C. A unit member who is scheduled for duty, physically in the building prior to his or her shift, and who is called to work early shall not be deemed to have been called to duty and shall not be eligible for the three (3) hours compensation at time and one-half the employee's regular rate of pay. In lieu thereof, that employee shall be entitled to overtime compensation at time and one-half the employee's regular rate of pay for all hours worked prior to the commencement of his or her regularly scheduled shift.
D. Unit members who so elect may, in lieu of receiving compensation for court pay/call back pay, apply those hours for which they would be compensated to the 5 "additional" hours per pay period associated with the 3/ 12 work schedule.
ARTICLE 1314: LONGEVITY PAY (CITY OF REDLANDS)
A. Employees with fourteen (14) years of continuous service with the City shall receive compensation in the amount of five percent (5%) percent of Bbase Ssalary, effective the beginning of the first pay period following the completion of their fourteenth (14th) year of service.
B. Employees with nineteen (19) years of continuous service with the City shall receive an additional three percent ( 3%) percentpercent of Base Salary, effective the beginning of the first pay period following the completion of their nineteenth ( 19th' s) year of service.
C. The 19- year longevity percentage shall be compounded with the 14- year Llongevity Ppay..
Effective January 16, 2018, after fourteen (14) years of continuous service with the City of Redlands, unit members shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 9 than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.
In the event that a unit member is not at the 4th Step when he/she is eligible for the 5th Step after fourteen (14) years of service, the employee will advance to the next step in their salary range and continue to advance based on merit until the employee reaches the 5th Step.
Effective January 16, 2018, after nineteen (19) years of continuous service with the City of Redlands, unit members shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.
The modifications made to this section in the 2023 MOU are for clarification only and not intended to substantively change the benefits provided herein.
ARTICLE 1415: CRIME SCENE TECHNICIAN PAY
Unit members in the unit assigned to Crime Scene Technician duty shall be compensated with an additional one and one-half hours of pay per pay period at time and one-half the employee’s (Base Salary+Longevity Pay+POST Certification Pay). Eligibility for Crime Scene Technician Pay will be determined by the Police Chief or his/her designee.
ARTICLE 1516: FIELD TRAINING OFFICER PAY
When a unit member is assigned to be a Field Training Officer (FTO), during the time that a sworn police trainee is assigned to the FTO, the FTO shall be eligible to receive FTO pay in the amount of five percent (5%) of their (Bbase Ssalary+Longevity Pay+POST Certification Pay) per pay period at straight time.
ARTICLE 1617: SHIFT DIFFERENTIAL PAY
All employees who work a majority (51% or more) of their assigned shift between the hours of 5:30 PM and 7:30 AM shall receive shift differential pay equal to 2.5% of their (Bbase Ssalary plus +Longevity Pay+POST Certification Pay any POST Certificate Pay) for their entire work shift. This shift differential pay shall be provided for any shift, regardless of overtime, an otherwise worked shift, or the employee’s regular schedule.
ARTICLE 18: POST CERTIFICATION PAY AND OTHER INCENTIVE PAY CALCULATION Throughout this MOU, where an item of pay is expressed as a percentage of another item(s) of pay (including, but not limited to, the pay described in Articles 7, 8, 1213, 15, 16 and 17), that item shall be calculated as a percentage of Base Salary, plus Longevity Pay, plus POST Certification Pay, subject to the following exceptions:
Longevity Pay (whether from Article 14 or 40) shall be calculated as percentage of Base Salary only.
POSTAll POST Certification Pays shall be calculated as a percentage of Base Salary plus Longevity Pay.
All Other Incentive pays, except for Longevity Pay, shall be calculated as a percentage of Base Salary, plus Longevity Pay, plus POST Certification Pay.
Any item that uses the term “regular rate of pay”, shall be calculated in the manner described in 29 USC section 207.
ARTICLE 1719: 401 A PLAN
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 10 The City agrees to make a contribution in January of each year, on behalf of each Unit employee in the amount of up to one thousand, two hundred dollars ($1,200) per year to the employee’s City sponsored 401(a) deferred compensation plan. The full contribution amount to 401 (A) shall be provided based on a complete one year of service in the preceding year. For new Unit employees, and employees transferring into the Unit, the amount shall be prorated on a monthly basis for period of service within Unit., the amount shall be prorated on a monthly basis for period of service within the unit. In the event that an employee leaves the Unit, they shall receive a final contribution in a prorated amount up to $1,200 per year based on their period of service in their final year in the Unit and shall not receive any additional contribution in January.
ARTICLE 1820: REPRESENTATION
The City agrees that any Unit employee involved in or witness to a lethal force encounter shall be provided with a legal representative upon request prior to any questioning and/or prior to providing a verbal or written statement.
ARTICLE 1921: HEALTH BENEFITS
1. The City shall contribute directly to CalPERS on behalf of each employee three hundred and ninetyseven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City’s cafeteria plan that is equal to the difference between the City’s minimum contribution and the following amounts:
COVERAGE LEVEL
TOTAL CITY CONTRIBUTION
EFFECTIVE JULY 1, 2023
EFFECTIVE
JANUARY 1, 2024
EFFECTIVE
AUGUST 2026JANUARY
1, 20265
Employee Only: $750 $775 $900 800
Employee Plus One Dependent: $1,500 $1,550 $1,700 600
Employee plus Two or more
Dependents:
$1,950 $2,025 $2,200 100
A. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical premiums, expenditures covered under Flexible Spending Accounts, and post-employment health plan.
B. The city agrees to provide a stipend of $350.00 on a monthly basis for those employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit.
ARTICLE 2022: DENTAL INSURANCE
The City agrees to pay the full monthly premium for dental insurance under the Principal Financial dental plan, or its equivalent, for each unit member and their eligible dependents.
ARTICLE 2123: VISION INSURANCE
The City agrees to contribute the entire monthly premium for unit members and their eligible dependents for a vision insurance plan with VSP Vision Services or its equivalent.
ARTICLE 2224: RETIREE INSURANCE BENEFITS
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 11 A. For all unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397) per month pursuant to Resolution No. 4572, adopted by the city council on September 5, 1989.
B. For unit members hired prior to November 4, 2014, upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of service with the City of Redlands and who qualify as annuitants under PEMHCA, the City shall contribute to a retiree health savings account the difference between the PEMHCA minimum and the cost of medical, dental and vision insurance premiums for the employee, spouse and eligible dependents under the Association's current medical insurance program existing at the time of retirement (“lifetime health insurance”). This lifetime health insurance shall be at no cost to the retired employee and shall cover the employee, spouse and eligible dependents.
In the alternative, at the sole discretion of the unit member, those unit members hired prior to November 4, 2014, upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of service with the City of Redlands, may elect to cash in unused sick leave at two percent (2%) for each year's service at the prevailing hourly rate.
At retirement , unit members hired prior to November 4, 2014, but with less than fifteen (15) years service with the City have the option of cashing in unused sick leave at the prevailing hourly rate for future medical for employee and eligible dependents until said funds are exhausted or cash in unused sick leave, at the prevailing hourly rate, at two percent (2%) for each year of service with the City. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied towards the premiums of covered dependents until exhausted, subject to the conditions and limitations of the applicable insurance policy.
C. Unit members hired after November 4, 2014 who achieve fifteen (15) years of service and who qualify as an annuitant under PEMHCA shall be entitled to a “medical bridge” program for themselves upon retirement from the City until they become Medicare-eligible. Under the “Medical Bridge,” the City will contribute the difference between the PEMHCA minimum and the cost of employee-only coverage for the least expensive equivalent health, vision and dental insurance plan as provided by the City to its then existing unit members through the CalPERS medical plan until the employee reaches the age of Medicare eligibility at which time the benefit will cease and employees will only receive the three hundred and ninety-seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. Unit employees who receive the medical bridge program can select coverage for dependents, however, the additional cost must be paid for by the respective Unit employee and will not be paid for by the City.
D. Unit members hired after November 4, 2014 who do not achieve fifteen (15) years of service shall only be entitled to receive the three hundred and ninety-seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.
No change made to this MOU (July 1, 2023-June 30, 2026) is intended to negatively affect or diminish any rights of employees for whom the Association is or was the recognized employee organization regardless of whether they retired prior to the effective date of this MOU.
ARTICLE 2325: LIFE INSURANCE
The City agrees to continue to provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) per unit member. Unit members at their option and expense will be allowed to purchase additional City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 12 increments of life insurance at the City's lower group rate.
ARTICLE 2426: STATE DISABILITY INSURANCE
Participation in the State Disability Insurance (SDI) program shall be optional and all costs, funding, and premiums associated with participation in SDI shall be paid entirely by the participating unit members.
ARTICLE 25 27: VACATION
Vacation shall accrue for unit members based on the following schedule:
YEARS/MONTHS YEARS
OF SERVICE
HOURS
1 - 4 (0-59 months) 80
5-6 (60-83 months) 120
7 -8 (84 – 107 mos.) 128
9 –10 (108-131 mos.) 136
11–12 (132–155) 144
13 – 14 (156-179) 152
15 – 16 (180-203) 160
17 – 18 (204-227) 168
19+(228 months+) 176
ARTICLE 2628: ACCRUED VACATION TIME SELL BACK
On November 30th of each year, unit members who have utilized any portion of their floating holidays, shall deposit all vacation hours over 300 into the 401(a) plan up to the maximum allowed by law. If more than 300 hours remain in a unit member’s bank, including after the 401(a) conversion, those hours will remain in the bank for future use or conversion.
On November 30th of each year, unit members may make an irrevocable election to cash out vacation hours earned in the following year. Only hours earned in the following year may be paid out. The payout will be made the following December. The election is irrevocable and cannot be changed once the election is made.
All cashed out or converted hours will be paid at the unit member’s regular FLSA rate including any eligible post certification pay.
ARTICLE 2729: SICK LEAVE
A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.
B. BUY-BACK: In November of each calendar year, each unit member may elect to be paid for each sick leave day accumulated during the following calendar year, according to the following table:
YEARS OF
SERVICE
MAXIMUM BUY-BACK
HOURS PER YEAR
2-6 48
7 56
8 64
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 13 9 72
10 80
11 88
12 96
The payment of hours will occur in November of the following year at his/her current FLSA regular rate of pay. The election is irrevocable and may not be changed once the election is made. A total of one ( 1) year's accumulation must be on the books prior to any compensation being paid .
In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance service credit for the purpose of sick leave buyback to new employees at time of hire.
ARTICLE 2830: HOLIDAYS
The holidays which will be honored for employees in the unit will include the following, along with any additional day as designated by action of the City Council:
New Year’s Day January 1
Martin Luther King, Jr. Day Third Monday in January
President’s Day Third Monday in February
Cesar ChavezFarm Workers Day March 31st
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day Fourth Friday in November Christmas Eve December 24th
Christmas Day December 25th
Two Floating Holidays
Unit members shall not be allowed to carry holidays over from one calendar year to the next. Holidays not taken by December 31st of any given year shall be paid off during January of the year following the year in which the holidays were accrued. Holidays shall be paid at the rate of pay applicable to the shift to which the employee is regularly assigned and shall include supplemental pay (POST certification pay) which may apply to the specific officer. The City will report to CalPERS the Holiday Cash Out amounts. This amount is derived from an employee’s left over Holiday Cash Out amount and paid at the FLSA regular rate of pay. The City will report the Holiday Cash Out on an annual basis to CalPERS in January of each year.
Holiday pay shall be compensated at ten ( 10) hours per holiday. Those employees working more than ten (10) hours per day (flexible work schedule) have the option of being compensated for the remaining hour/hours with accrued compensatory time, accrued floating holiday hours or accrued vacation.
ARTICLE 2931: BEREAVEMENT LEAVE
Unit members who suffer a death in their immediate family shall receive four (4) days paid bereavement leave per incident. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 14 (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse/registered domestic partner: spouse, child, parent, grandparent, grandchild, brother and sister.
ARTICLE 3032: MILITARY LEAVE
The City and the Association agree to adhere to all provisions of Federal and State regulations pertaining to military leave.
COMPENSATORY TIME OFF
Effective July I, I 980, the City shall provide each unit member with the option, at the discretion of the employee, of receiving overtime compensation in the form of compensatory time off (CTO) or cash. Unit members shall be authorized to accumulate no more than three hundred twenty (320) four hundred twenty (420) hours of CTO during any calendar year. If at any time during a calendar year, a unit member has already accumulated three hundred twenty (320) hours of compensatory time, then overtime payments shall be made in cash.
Consistent with both the reasonable requirements of police administration and the provision of this paragraph, unit members shall be authorized to utilize the accumulated CTO for any purpose.
Unit members shall be granted the use of compensatory time off when the request to do so is provided to the Department in a reasonable amount of time. Requests for use of compensatory time off may only be denied when the request would unduly disrupt the operation of the Department.
The City agrees that it shall be at the discretion of the unit member to use compensatory time off in lieu of vacation or holiday time.
ARTICLE 3234: LEAVE OF ABSENCE WITHOUT PAY
If a unit member takes more than seven (7) accumulated days of leave without pay in a calendar year, commencing at the beginning of the eighth (8th) day of leave without pay and any day of leave without pay thereafter during the calendar year, sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.
ARTICLE 3335: FAMILY LEAVE
The City will grant family leave in accordance with the Moore-Brown-Roberti Family Rights Act of 1993 (also known as the California Family Rights Act) and the Federal Family and Medical Leave Act.
ARTICLE 3436: WORKWEEK
All unit members assigned to one of the Patrol Teams shall work a 3/ 12 work week consisting of three (3) consecutive work days of 12.5 (twelve and one-half) consecutive work hours, followed by four (4) consecutive days off each week (except instances of shift rotation).
Each unit member shall also work an additional 10 (ten) hour day in each 28 (twenty-eight) day period .
The scheduling of the 10 (ten) hour day shall be at the department's discretion, but every effort will be made to schedule these hours on day/days that is/are contiguous with the Officer's scheduled workweek. Department necessity will be the standard for scheduling of these hours.
All unit members assigned to a unit other than one of the regular Patrol Teams shall work a 4/10 consisting of four (4) consecutive workdays of ten (I 0) consecutive hours followed by three (3) consecutive days off each week or Patrol’s 3/ 12 schedule at the discretion of the Chief.
ARTICLE 3537: POLICEDUTY-OTHER THAN MUNICIPAL DUTY
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 15 Effective January 1, 1977, a unit member who performs services for an individual or organization other than the City of Redlands for which the City of Redlands has the right to bill for such services shall be paid at the rate of one and one-half times (1 1/2) the then existing hourly rate of the affected employee performing the service.
ARTICLE 3638: CORPORAL RANK
The City and the Association agree that the rank of Police Corporal shall be assigned the same base wage range as that assigned to the rank of Detective.
ARTICLE 3739: LATERAL HIRE INCENTIVE POLICY
In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance the following to new unit members at time of hire:
A. Sick Leave: An immediate sick leave accrual balance, not to exceed a maximum of 96 hours; B. Vacation: An immediate vacation accrual balance not to exceed the equivalent of the new employee's annual accrual rate for vacation earned at the time of separation of employment with his or her former agency;
C. Accelerated Vacation Accrual: Accelerating the vacation accrual rate of the new employee by providing him or her credit for service with his or her former agency for purposes of vacation accrual only, not to exceed the maximum of the number of years of service with the former agency(s).
Upon five years of service with the City of Redlands, lLateral unit members who have years of service with experience as a peace officer (as defined in Penal Code section 830.1) in the State of California will be automatically be granted accrual rates for vacation and sick leave as if their previous experience as a peace officer was in the City of Redlands.allowed to count their years of service for accrual rates for vacation and sick leave.
ARTICLE 3840: LONGEVITY PAY (PEACE OFFICER)
A. The City agrees that unit members that have at least five (5) years of continuous service with the City of Redlands and a combination of fourteen (14) years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.01 to 830.4) in the State of California shall receive compensation in the amount of five percent (5%) percent of Bbase Ssalary, effective at the beginning of the first pay period following the completion of their fourteenth (141h) year of service.
B. The City agrees that unit members that have at least five (5) years of continuous service with the City of Redlands and a combination of nineteen (19) years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.01 to 830.4) in the State of California shall receive compensation in the amount of three percent (3%) of Base Salary percent, effective at the beginning of the first pay period following the completion of their nineteenth (191h) year of service.
C. The 19-year longevity percentages shall be compounded with the 14-year Llongevity Ppay.
D. An employee may only receive Longevity Pay under Article 4038 or Article 143. An employee is not eligible or entitled to receive Longevity Pay under both Articles at the same time.
The Parties agree that Longevity Pay and Longevity Pay (Peace Officer) will be included in the calculation of other incentives and leave cash outs. This means all such calculations will be based on base pay plus longevity pay and this applies throughout the RPOA MOU, including Articles 7, 8, 12, 15, 16, 26, 27, 28, and
47. City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 16 For unit members hired prior to January 16, 2018, the City agrees that unit employees who have a combination of fourteen (14) years of continuous service either with the City of Redlands or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California, shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.
In the event that a unit member is not at the 4th Step when he/she is eligible for the 5th Step, after fourteen (14) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 5th Step.
The City agrees that unit members hired prior to January 16, 2018 who have a combination of nineteen (19) years of continuous service either with the City of Redlands or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.
In the event that a unit member is not at the 5th Step when he/she is eligible for the 6th Step, after nineteen (19) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 6th Step.
2. For unit members hired after January 16, 2018
The City agrees that unit members hired after January 16, 2018 who have at least five (5) years of continuous service with the City of Redlands and a combination of fourteen (14) years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.
In the event that a unit member is not at the 4th Step when he/she is eligible for the 5th Step, after fourteen (14) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 5th Step.
The City agrees that unit members hired after January 16, 2018 who have at least five (5) years of continuous service with the City of Redlands and a combination of nineteen (19) years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.
The modifications made to this section in the 2023 MOU are for clarification only and not intended to substantively change the benefits provided herein.
ARTICLE 3941: K-9 PAY
Unit members while assigned to a K-9 Assignment shall receive extra compensation in the form of 3.5 hours of compensatory time off, banked for each pay period during the K-9 Assignment.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 17 ARTICLE 4042: NO STRIKE PROVISIONS
The Association agrees that it will not authorize, instigate, aid, condone, or engage in any strike which will interrupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.
ARTICLE 4143: PREVAILING BENEFITS
Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.
ARTICLE 4244: SAVINGS CLAUSE
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful.
Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.
ARTICLE 4345: MANAGEMENT RIGHTS
The authority of the City includes the exclusive right to determine the mission of its constituent department, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology · of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from requiring employer to meet and confer regarding decisions that may have an effect on wages, hours and working conditions. By agreeing to this provision, neither of the parties intend to waive or limit, in any way, any rights they may have under existing law, including, but not limited to the Meyers- Milias Brown Act (Government Code Section 3500 et seq .) ARTICLE 4446: DEATH OF EMPLOYEE
If a unit member dies while on duty, the City shall calculate compensation for the entire shift. The eligible dependents of deceased unit members shall be entitled to benefits as follows:
Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.
In the event the deceased unit member qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.
The City will inter at Hillside Cemetery, at no cost to the unit member or his/her family, any active unit member who dies in the line of duty, or dies from any disease that is recognized by the State of California as being associated with the job of being a public safety officer.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 18 ARTICLE 4547: ZIPPER CLAUSE
The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this MOU, including salaries and benefits, and conditions of employment, and therefore the City and the Association further agree that negotiations will not be reopened on any item during the term of this MOU, except by mutual agreement of the City and the Unit, or as expressly provided otherwise in this MOU.
ARTICLE 4648: RELEASE TIME
The City shall provide a total not to exceed 300 hours per year of paid release time from duty for the conduct of any Association activities as determined in the sole discretion of the Association. An Association member’s time in labor negotiations with the City shall not be included in the 300-hour allocation. The Association shall provide the City with notification of its intent to utilize release time to the Human Resources Division at least seven (7) days prior to the usage.
ARTICLE 4749: WORKING OUT OF CLASSIFICATION
Unit members temporarily required to perform the duties of a higher classification for at least one work week shall receive additional compensation equal to five percent (5%) of the unit member’s regular rate of pay for all hours in which that member is temporarily required to perform the duties of a higher classification. When a vacancy exists which requires a unit member to perform the duties of a higher classification, that unit member shall have the right to fill such vacancy for the duration of the work week.
ARTICLE 4850: REOPENERS
At the request of the Association, and upon mutual agreement of the parties, one or more terms of this MOU may be reopened for further discussion. The lack of mutual agreement to reopen shall not be subject to the grievance procedure, unfair labor practices before PERB, and/or court action.
ARTICLE 4951: EMPLOYEE CONDUCT, DISCIPLINE AND GRIEVANCE PROCEDURES SECTION 1 Definition and Objective of Discipline
Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain standards of cooperation and conduct necessary to successfully carry out the service mission of the City organization. The terms “Discipline” and “Disciplinary action” as used herein are intended to be consistent with the term “punitive action” as defined in Government Code section 3303, “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” Nothing in this section is intended to waive or in any way diminish an employee’s rights under the law, including, but not limited to the Public Safety Officers Procedural Bill of Rights Act (Government Code section 3300 et seq, “POBRA”) and any conflict between these procedures and POBRA shall be resolved in favor of POBRA. Self-discipline or self-conformity is the goal of this section. Where self-discipline fails, disciplinary action is authorized and shall be accomplished in such a manner as to be just, equitable, consistent, and suited to the situation. The disciplinary action, when taken shall be documented in such a manner as to be defensible on appeal and/or review.
In all instances where disciplinary action is contemplated, with the exception of a written reprimand or probationary rejections, permanent full-time employees shall be afforded a reasonable opportunity to present, in person, their view of the incident(s) resulting in the disciplinary action to the supervisor charged with disciplinary authority prior to a decision to impose disciplinary action.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 19 Any employee having supervisory authority and responsibility shall discuss deficiencies in performance, conduct, and other matters with subordinates at the time they are observed or become aware of such conduct, pointing out corrective action the employee should take. Whenever possible, sufficient time for improvement shall precede formal disciplinary action.
Types of disciplinary actions, which may be taken in order of severity, are: dismissal, demotion, reduction in pay steps within a pay range, suspension and written reprimand, or an appropriate combination of these disciplinary actions. The aforementioned types of disciplinary actions are defined as follows:
A. Dismissal: The discharge of an employee from the City service in accordance with these provisions.
B. Non-Probationary Demotion: The movement of an employee from a position in one classification to a position in another classification having a lower maximum rate of pay.
C. Reduction in Pay: The temporary or permanent decrease of the employee's pay rate within the pay range established for the employee's classification.
D. Suspension: The temporary separation from the City service of an employee without compensation for a period not to exceed thirty (30) working days in any one (1) calendar year.
E. Written Reprimand: An official notification in writing by the Police Chief or designee to the employee that the employee has committed conduct which is in conflict with a Department standard and that further disciplinary measures may be taken if the employee commits similar misconduct.
SECTION 2 Disciplinary Procedures
A. Purpose: The purpose of the Disciplinary Procedures is to afford the affected permanent full-time employee an opportunity to present such employee's view of the factual situation leading to the proposed disciplinary action and to afford independent administrative review of any disciplinary action which is taken. With the exception of written reprimands and probationary rejections, the Disciplinary Procedures set forth herein shall be followed in all instances where disciplinary action is contemplated for any permanent, full-time employee in the classified service.
B. Initial Notice and Right to Respond: Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Assistant Chief for further investigation or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the employee with a pre-disciplinary procedural due process meeting (Skelly) by providing written notice of the charges, proposed action, and reasons for the proposed action.
Except as provided below, no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided below. The public agency shall not be required to impose the discipline within that one-year period under the following circumstances:
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 20 a. If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. b. If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. c. If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
d. If the investigation involves more than one employee and requires a reasonable extension. e. If the investigation involves an employee who is incapacitated or otherwise unavailable. f. If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. g. If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.
h. If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer. (Government Code Section 3304(d)) At the time of the service of the Notice of Intent to Discipline, the Chief of Police shall also provide the employee with
(a) Access to all of the materials considered by the Chief of Police in recommending the proposed discipline
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice.
1. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable extension of time for the employee to respond.
2. If the employee elects to respond orally, the presentation may be recorded by the Department and/or the employee. Upon request, the employee shall be provided with the Department’s copy of the recording.
Once the employee has completed his/her response or if the employee has elected to waive any such response, the Chief of Police shall consider all information received in response to the recommended discipline. The Chief of Police shall render a timely written decision to the employee and specify the grounds and reasons for discipline and the effective date of the discipline, within 30 days of the decision, except if the public safety officer is unavailable for discipline. Once the Chief of Police has issued a written decision and served that decision on the employee, the discipline shall become effective.
The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following:
(a) The response is not intended to be an adversarial or formal hearing.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 21 (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c) The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d) In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results prior to the imposition of any discipline. The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials.
C. Final Notice and Implementation of Disciplinary Action: Upon the completion of the procedures set forth above, the affected employee shall be informed by the initiator of the disciplinary action, in writing, of the action taken, with a copy to the Human Resources Division.
D. Appeal Procedure:
Upon receipt of the final disciplinary action from the Police Chief, the employee shall have the right to appeal the decision in writing to the City Manager. The filing of an appeal will not stay the disciplinary action. Said appeal shall be delivered to the Human Resources Division within ten (10) working days of the employee’s receipt of the Police Chief’s action. Otherwise, the Police Chief’s action shall be final and binding.
The City Manager shall not conduct a de novo evidentiary hearing, but shall meet with the employee and his/her representative. The meeting shall be recorded. Within twenty (20) working days of the conclusion of the meeting, the City Manager shall issue his/her final decision and advise the employee of his/her appeal rights pursuant to this Policy.
Except with respect to written reprimands equal to or less than forty (40) hours, and promotional probationary rejections, upon receipt of notice of final disciplinary action from the City Manager, the employee shall have the right to appeal the decision in writing to a third party arbitrator. Said appeal shall be delivered to the Human Resources Division within ten (10) working days of the employee's receipt of the City Manager’s action.
Otherwise, the City Manager’s action shall be final and binding.
Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action. However, if the reason or reasons behind the discharge would tend to stigmatize the employee’s reputation and negatively impact on future employment, and are publicized, the employee is entitled to a liberty interest hearing to clear his or her name.
SECTION 3 Disciplinary Authority
The Police Chief or designee shall have the power and duty to determine and implement disciplinary actions pursuant to these provisions. Disciplinary actions shall be final unless modified by the City Manager or an arbitrator, as determined in accordance with these provisions.
All persons holding positions in the classified service shall be subject to written reprimand, suspension, demotion, reduction in pay or dismissal from employment for misconduct, incompetency, inefficiency, or failure to perform duties or to observe the rules and regulations of the City, department or division, but subject to the right of appeal in the manner and to the extent set forth in these provisions.
A. Written Reprimand: The Police Chief or designee may prepare a written reprimand on a subordinate for cause.
Such reprimand shall be addressed to the employee and shall be acknowledged in writing by the employee. A signed copy shall be forwarded to the Human Resources Division along with a narrative report of the case.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 22 Written reprimands shall only be appealable pursuant to the provisions set forth herein. In addition to pursuing any appeal, an employee shall have the right to attach a response to a disputed written reprimand.
B. Suspension: An employee may be suspended without pay by the Police Chief or designee for a period up to, but not exceeding, thirty (30) working days. Before the effective date of any suspension, the employee shall be furnished with written notice setting forth such reasons for such suspension pursuant to Section 2 of these provisions. The employee will also be advised of the right to appeal under these provisions, and informed of the regulations and procedures governing such appeals.
C. Reduction in Pay: The Police Chief or designee may temporarily, or permanently, reduce an employee's pay range and/or salary up to fifteen percent (15%). Before the effective date of said reduction, the employee shall be advised of the action and the reasons therefore pursuant to Section 2 of these provisions. The employee reduced by such action shall be assigned a new anniversary date for merit review purposes; such date shall coincide with the effective date of the reduction action. Such action will be subject to appeal under the appeal procedure set out in these provisions. The Police Chief or designee may, after six (6) months from the effective date of the reduction, reinstate all or any portion of the reduction in pay.
D. Non-Probationary Demotion: Before the effective date of a non-probationary demotion, the employee shall be advised of the action and the reasons therefor pursuant to Section 2 of these provisions. The employee demoted by such action shall be assigned a new anniversary date for merit review purposes; such date shall coincide with the effective date of the demotion. Such action will be subject to appeal under the appeal procedure set out in these provisions.
E. Dismissal: The Police Chief or designee may terminate without cause any employee who lacks permanent status.
The Police Chief or designee may terminate a permanent employee on any ground(s) designated in Section 4 of these provisions, subject to Section 2 of these provisions. The Police Chief or designee shall provide the terminated permanent employee with a written statement of the reason for the action including the ground or grounds involved pursuant to Section 2 of these provisions. Such termination action shall be subject to appeal under the appeal procedure set out in these provisions.
SECTION 4 Grounds for Disciplinary Action
The grounds for disciplinary action are set forth in Policy No. 322, Standards of Conduct, in the Redlands Police Department Policy Manual.
SECTION 5: Records
Original copies of all written records pertaining to disciplinary actions shall be maintained in the employee's personnel file.
ARTICLE 5052: THIRD PARTY ARBITRATION PROCESS FOR DISCIPLINARY APPEALS
AND GRIEVANCE APPEALS
SECTION 1 Right of Binding Arbitration for Appeals of Disciplinary Action Any permanent employee shall have the right to appeal to binding arbitration disciplinary actions involving termination, suspensions greater than forty (40) hours, reduction in salary/pay, and non-probationary demotion.
SECTION 1A Right of Binding Arbitration for Grievances
Any grievant(s) shall have the right to have grievances determined at binding arbitration.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 23 SECTION 2 Process for requesting binding arbitration
The employee's or grievant(s)’ request for binding arbitration must be addressed to the Human Resources Division and received in the Human Resources Office within the time periods set forth in this Agreement. The Human Resources Office has a ministerial duty to timestamp any request presented to it via email, facsimile or in person on the date received.
If, within the appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an appeal hearing shall be established as follows:
A. If a single third party arbitrator cannot be agreed upon by the Human Resources Division and the employee's representative (or employee alone if unrepresented), the California State Mediation and Conciliation Service shall be requested to submit to the City and the employee a list of seven (7) persons qualified to act as arbitrators. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall meet, or confer by telephone, to select the arbitrator. The parties shall alternately strike one (1) name from the list of arbitrators (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the arbitrator.
B. Subject to the arbitrator’s availability, the date for a hearing shall not be less than twenty (20) calendar days, nor more than sixty (60) calendar days, from the date of the filing of the appeal with the Human Resources Division unless the parties stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time and place of hearing.
C. All hearings shall be private, however, the arbitrator shall, at the request of the employee, open the hearing to the public.
D. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than five (5) calendar days, prior to the commencement of such hearing. The city agrees to reasonably produce City employees. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the arbitrator.
E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The arbitrator shall not be bound by technical rules of evidence. The arbitrator shall rule on the admission or exclusion of evidence.
F. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. In the case of an appeal of discipline, if the employee does not testify on his/her own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, employee/employer representative) mutually agree that same is not necessary. In the event that both parties mutually agree that a court reporter is not necessary the hearing shall be electronically recorded. If either party requests a transcript of the electronic recording, the City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 24 parties shall have the recording transcribed by a court reporter, and the costs shall be shared equally by the parties.
G. A binding arbitration hearing appealing discipline shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence of the misconduct;
4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.
H. A binding arbitration for a grievance shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:
1. The grievant(s) shall be permitted to make an opening statement;
2. The City shall then be permitted to make an opening statement;
3. The grievant(s) shall present the evidence on his/her/their parts; the grievant(s) bear the burden of proof and burden of producing evidence supporting their claim(s);
4. The City may then open its defense and offer evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.
I. The arbitrator shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the arbitrator, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures or television pictures shall be taken in the hearing chamber during a hearing. The arbitrator, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The arbitrator shall render his/her judgment as soon after the conclusion of the hearing as reasonably possible and in no event later than thirty (30) calendar days after conducting the hearing. In the case of an appeal of discipline, the arbitrator’s decision shall set forth which charges, if any, are sustained and the reasons therefor. In the case of a grievance, the arbitrator’s decision shall set forth the relief, if any, provided to grievant(s) and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
The opinion shall be binding.
J. In the case of an appeal of discipline, the arbitrator may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. He/she may not increase the level of discipline imposed by the City Manager.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 25 K. The arbitrator’s opinion shall be filed with the City Manager, with a copy sent to all parties, and the Human Resources Division, and shall set forth his/her findings and decision.
L. In the case of a dismissal hearing where a dismissal is not the arbitrator’s decision, the opinion shall set forth the recommended date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
M. In the case of an appeal of discipline, if the discipline imposed resulted in loss of pay, and the arbitrator’s decision results in reduction or elimination of loss of pay and/or other benefits, the pay and/or benefits loss shall be restored to the employee based on the number of regularly scheduled work hours lost computed at his/her then base hourly rate.
N. The costs of the arbitration and the court reporter shall be shared equally by the parties.
O. The provisions of Section 1285 et. seq. of the Code of Civil Procedure shall be applicable to proceedings under this Section.
SECTION 3 Appeals of Suspensions of Forty (40) Hours or Less and Promotional Probationary Rejections
A permanent employee shall have the right to appeal a suspension of forty (40) hours or less or promotional probationary rejection in the following manner:
1. The Police Chief shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the Police Chief of the specific action against the employee. This statement shall clearly inform the employee that he/she has the right, within ten (10) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the Police Chief.
2. If within the ten day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.
3. If within the ten day appeal period the employee involved files such notice of appeal by giving written notice of appeal to the Police Chief, a time for an appeal hearing before the City Manager or the Police Chief (at the employee’s discretion) shall be established. The date for a hearing shall not be less than ten (10) calendar days, nor more than thirty (30) calendar days, from the date of the filing of the appeal, unless the parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.
4. The City Manager, or Police Chief, shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party’s expense.
Within ten (10) calendar days after the conclusion of the hearing, the City Manager, or Police Chief, shall deliver to the employee a written decision which shall either (a) affirm the decision, (b) modify it by (1) holding that certain charges were not established by a preponderance of the evidence and/or (2) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.
Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action under these provisions.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 26 SECTION 4 Appeals of Written Reprimands
Any employee wishing to formally appeal a written reprimand must submit a written request to his/her Bureau Supervisor (the Bureau Lieutenant, or if there is no Lieutenant, the Bureau Commander) within ten days of receipt of the written reprimand. The Bureau Supervisor will then assign the appeal to an uninvolved supervisor of at least one rank above the rank of the supervisor issuing the original written reprimand. Absent a written stipulation to the contrary, the employee will be provided with an evidentiary hearing before the assigned, uninvolved supervisor within 30 days. The decision of the assigned, uninvolved supervisor to sustain, modify or dismiss the written reprimand shall be considered final.
ARTICLE 5153: GRIEVANCE PROCEDURES
SECTION 1: Purpose of Rule
A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
C. To provide that grievances shall be settled as near as possible to the point of origin.
D. To provide that grievances shall be conducted as informally as possible.
SECTION 2 Matters Subject to Grievance Procedure
An employee or recognized employee organization shall have the right to file a grievance concerning an alleged violation of expressed terms of a memorandum of understanding provision, City policy, City Rules and Regulations, administrative orders and/or procedures, except that the following subjects are excluded from the scope of the grievance procedure:
A. Disciplinary action.
B. Matters which are within the exclusive jurisdiction of another agency, and for which a means of appeal is provided.
C. Performance evaluations.
SECTION 3 Informal Grievance Procedure
An employee or recognized employee organization who has a problem or complaint subject to the grievance procedure should first attempt to settle same through discussion with the immediate supervisor within fifteen (15) calendar days that the employee knew, or by the exercise of reasonable diligence should have known, of the circumstances giving rise to the grievance. In the case of a recognized employee organization, it shall attempt to settle such problem with the Human Resources Division. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss it with the supervisor's immediate supervisor, if any. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.
If the employee or recognized employee organization is not in agreement with the decision reached by discussion, the employee or recognized employee organization shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of the immediate supervisor or Human Resources Division.
Formal written grievances shall specifically identify the employee(s) affected, shall specifically identify the action being grieved, and shall include a statement of the action(s) desired by the grievant and the reasons therefor.
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 27 SECTION 4 Formal Grievance Procedure (Levels of Review Through Chain of Command) A. First Level of Review: For a grievance by an individual employee only, such grievance shall be presented in writing to the employee's immediate management supervisor (Bureau Manager), who shall render a decision and comments in writing and return them to the employee within ten (10) calendar days after receipt of the grievance. If the employee does not agree with the supervisor's decision, or if no answer has been received within ten (10) calendar days, the employee may present the grievance, in writing, to the Police Chief. Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision of the management supervisor, or within fifteen (15) calendar days if no decision is rendered, shall constitute a waiver of the grievance. For a grievance filed by the recognized employee organization on its own behalf, or on behalf of more than one individual employee, the initial formal filing of the grievance shall be with the Police Chief as set forth in Paragraph B below and shall be filed within ten (10) calendar days after receiving the informal decision of the Human Resources Division.
B. Police Chief Review: The Police Chief, or designee, shall discuss the grievance with the grievant(s), the grievant(s)’s representative(s), if any, and with other appropriate persons. The Police Chief shall render a decision and comments in writing, and return them to the grievant(s) within ten (10) calendar days after receiving the grievance. If the grievant(s) does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, the grievant(s) may present the grievance in writing to the City Manager.
Failure of the grievant(s) to take further action within ten (10) calendar days after receipt of the Police Chief’s written decision, or within fifteen (15) calendar days if no decision is rendered, shall constitute waiver of the grievance.
C. City Manager: The City Manager, or designee, upon receipt of the grievance, shall discuss the grievance with the grievant(s), or the grievant(s)’s designated representative(s), and with other appropriate persons. The City Manager shall render a decision in writing to the grievant(s) within twenty (20) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within twenty (20) calendar days, the grievant(s) shall have a right to have the matter decided at binding arbitration pursuant to this agreement. Failure of the employee to take further action within ten (10) calendar days after receipt of the City Manager’s written decision, or within twenty (20) calendar days if no decision is rendered, shall constitute waiver of arbitration.
SECTION 5 Conduct of Grievance Procedure
A. The time limits specified above may be extended to a definite date by mutual agreement of the grievant(s) and a representative of the City or the reviewer concerned.
B. The grievant(s) may request the assistance of another person of his/her own choosing in preparing and presenting the grievance at any level of review.
C. Grievants shall be assured freedom from reprisal for using the Grievance Procedures.
ARTICLE 5254: SIGNATURES
CITY OF REDLANDS REDLANDS POLICE OFFICERS ASSOCIATION
City of Redlands & Redlands Police Officer Association MOU – 20232026~20262029 Page 28
MARIO SAUCEDO, MAYOR JEFF FRISCH, PRESIDENT, DATE
ADOPTED, SIGNED AND APPROVED
THIS 21ST DAY OF JULY, 2026
MAZI SHAHABI, VICE PRESIDENT, DATE
ATTEST:
_______________________________________
JEANNE DONALDSON, CITY CLERK
1. MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF REDLANDS
AND
TEAMSTERS LOCAL #1932
JULY 1, 2026 - JUNE 30, 2029
City of Redlands | Teamsters MOU 2026-2029 2
Between
The City of Redlands
And
Teamsters Local #1932
July 1, 2026– June 30, 2029
TABLE OF CONTENTS
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING .......................................................................................... 5 ARTICLE 2. PREAMBLE .................................................................................................................................................. 5 ARTICLE 3. RECOGNITION ............................................................................................................................................. 5 ARTICLE 4. MANAGEMENT RIGHTS ............................................................................................................................... 5 ARTICLE 5. SALARIES ..................................................................................................................................................... 5 ARTICLE 6. RETIREMENT ............................................................................................................................................... 6 ARTICLE 7. LONGEVITY PAY ........................................................................................................................................... 7 ARTICLE 8. OVERTIME ................................................................................................................................................... 7 ARTICLE 9. CERTIFICATION PAY ..................................................................................................................................... 7 ARTICLE 10. WATER HAZARD PAY – SEWER OVERFLOW/SANITARY SEWER EMERGENCY RESPONSE ................................ 7 ARTICLE 11. WORKING OUT OF CLASSIFICATION PAY ...................................................................................................... 8 ARTICLE 12. SPECIAL ASSIGNMENT PAY .......................................................................................................................... 9 ARTICLE 13. CALL BACK PAY ............................................................................................................................................ 9 ARTICLE 14. STAND-BY PAY ............................................................................................................................................. 9 ARTICLE 15. SCHEDULED RECALL TO WORK ................................................................................................................... 10 ARTICLE 16. SHIFT DIFFERENTIAL .................................................................................................................................. 10 ARTICLE 17. UNIFORM ALLOWANCE ............................................................................................................................. 10 ARTICLE 18. RIDESHARING ............................................................................................................................................ 12 ARTICLE 19. TUITION REIMBURSEMENT ........................................................................................................................ 12 ARTICLE 20. BILINGUAL PAY .......................................................................................................................................... 12 ARTICLE 21. DEATH OF EMPLOYEE ................................................................................................................................ 12 ARTICLE 22. HEALTH INSURANCE .................................................................................................................................. 13 ARTICLE 23. DENTAL INSURANCE .................................................................................................................................. 14 ARTICLE 24. VISION CARE ............................................................................................................................................. 14 ARTICLE 25. LIFE INSURANCE ........................................................................................................................................ 14 ARTICLE 26. WORKERS’ COMPENSATION/SDI ................................................................................................................ 14 ARTICLE 27. VACATION ................................................................................................................................................. 14 City of Redlands | Teamsters MOU 2026-2029 3
ARTICLE 28. SICK LEAVE ................................................................................................................................................ 14 ARTICLE 29. BEREAVEMENT LEAVE................................................................................................................................ 15 ARTICLE 30. LEAVE OF ABSENCE WITHOUT PAY ............................................................................................................. 16 ARTICLE 31. MILITARY LEAVE ........................................................................................................................................ 16 ARTICLE 32. HOLIDAYS .................................................................................................................................................. 16 ARTICLE 33. COMPENSATORY TIME OFF ........................................................................................................................ 17 ARTICLE 34. SHOP STEWARD RELEASE TIME .................................................................................................................. 17 ARTICLE 35. MEAL PERIODS .......................................................................................................................................... 17 ARTICLE 36. REST PERIODS ............................................................................................................................................ 18 ARTICLE 37. CATASTROPHIC LEAVE ............................................................................................................................... 18 ARTICLE 38. LEAVE TIME REPORTING ............................................................................................................................ 18 ARTICLE 39. COMMERCIAL DRIVER’S LICENSE................................................................................................................ 18 ARTICLE 40. EMPLOYMENT EXAMINATION PROCEDURES .............................................................................................. 18 ARTICLE 41. PROBATION ............................................................................................................................................... 18 ARTICLE 42. REVIEW/EVALUATION DATE ...................................................................................................................... 19 ARTICLE 43. PERFORMANCE EVALUATIONS ................................................................................................................... 19 ARTICLE 44. WORKWEEK /STANDARD TOUR OF DUTY ................................................................................................... 19 ARTICLE 45. SOLID WASTE ROUTE BIDDING .................................................................................................................. 20 ARTICLE 46. FLOATER PREMIUM PAY ............................................................................................................................ 20 ARTICLE 47. PROMOTIONAL POSITIONS ........................................................................................................................ 20 ARTICLE 48. NO STRIKE PROVISION ............................................................................................................................... 20 ARTICLE 49. DIRECT DEPOSIT ........................................................................................................................................ 20 ARTICLE 50. PERSONNEL FILE ........................................................................................................................................ 20 ARTICLE 51. COPY OF MOU TO EACH EMPLOYEE ........................................................................................................... 21 ARTICLE 52. RULES, REGULATIONS AND RESOLUTIONS .................................................................................................. 21 ARTICLE 53. DISCIPLINARY PROCEDURE ........................................................................................................................ 21 ARTICLE 54. GRIEVANCE PROCEDURE ............................................................................................................................ 26 ARTICLE 55. DEMOTION/NON-DISCIPLINARY ................................................................................................................ 30 ARTICLE 56. LAYOFF PROCEDURE .................................................................................................................................. 31 ARTICLE 57. MAINTENANCE OF MEMBERSHIP ............................................................................................................... 32 ARTICLE 58. D.R.I.V.E. ................................................................................................................................................... 32 ARTICLE 59. UNIT MODIFICATION ................................................................................................................................. 33 ARTICLE 60. COMMUNICATIONS ................................................................................................................................... 33 ARTICLE 61. USE OF BULLETIN BOARDS ......................................................................................................................... 33 ARTICLE 62. EMPLOYEE TIME RECORDS ......................................................................................................................... 33 ARTICLE 63. PREVAILING BENEFITS ............................................................................................................................... 34 City of Redlands | Teamsters MOU 2026-2029 4
ARTICLE 64. EXTENSION OF MOU .................................................................................................................................. 34 ARTICLE 65. SAVINGS CLAUSE ....................................................................................................................................... 34 ARTICLE 66. ZIPPER CLAUSE .......................................................................................................................................... 34 ARTICLE 67. SIGNATURES .............................................................................................................................................. 34 City of Redlands | Teamsters MOU 2026-2029 5
Article 1. TERM OF MEMORANDUM OF UNDERSTANDING
Except where expressly stated otherwise herein, the City and the union agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2026 and shall expire on June 30, 2029.
Article 2. PREAMBLE
It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment with the Meyers-Milias-Brown Act (MMBA) between the City of Redlands (hereinafter referred to as “City”) and the General Employees Association represented by the Teamsters Local 1932 (hereinafter referred to as “Union”).
Article 3. RECOGNITION
A unit employee shall be defined as an employee of the City and assigned to the General Unit by the City Manager in accordance with City policies and procedures.
Article 4. MANAGEMENT RIGHTS
The authority of the City includes:
• The exclusive right to determine the mission of its constituent departments, commissions and boards;
• Set standards of service;
• Determine the procedures and standards of selection for employment and promotion; • Direct its employees;
• Take disciplinary action;
• Relieve its employees from duty because of lack of work or for other legitimate reasons; • Maintain the efficiency of work;
• Maintain the efficiency of governmental operations;
• Determine the methods, means and personnel by which government operations are to be conducted;
• Determine the content of job classifications;
• Take all necessary actions to carry out its mission in emergencies; • Exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over effects on matters within the scope of representation.
Article 5. SALARIES
Unit members shall receive the following salary increases:
a. Effective the first full pay period after City Council approval of this MOU, all unit employees will receive a four percent (4%) increase to base salary.
b. Effective the first full pay period following July 1, 2027, all unit members will receive a three percent (3%) increase to base salary.
City of Redlands | Teamsters MOU 2026-2029 6
c. Effective the first full pay period following July 1, 2028, all unit members will receive a three percent (3%) increase to base salary.
d. Effective the full first pay period after the City Council approval of this MOU, the City will establish three (3) new steps (Step 5, 6, 7) at the top of the salary range for each classification. The new steps shall be at two and a half percent (2.5%) higher than the preceding step. i. Advancement to the new Steps 5, 6, and 7 shall continue to occur upon an employee’s anniversary date.
Article 6. RETIREMENT
A. Classic Members
1. All “classic” unit members including those first employed on and after March 11, 2010, shall personally fund 100% of the 7% of compensation earnable as and for the individual member’s normal employee PERS contribution. (The term “classic” member is defined in the Public Employee’s Pension Reform Act of 2013-“PEPRA.”)
All “classic” member normal contributions required to be paid by the member, whether paid by the employer or the member, shall be credited to the member’s CalPERS account.
The City shall adopt the necessary resolution(s) so that individual member contributions made by the employee may be excluded from taxable income pursuant to Section 414(h)(2) of the United States Internal Revenue Code.
Whether as authorized by Government Code § 20692, 20636(c)(4) or any other statutory or legal basis, the City shall not report to CalPERS as any type of compensation, any portion of the normal employee PERS contributions required by PERS which are funded by the employee.
2. The City shall continue to include in this contract with CalPERS, the following provisions:
B. New Members
1. The Public Employee’s Pension Reform Act of 2013 – “PEPRA” (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of this MOU, as described below.
2. Unit employees who are “new members” as defined in the PEPRA, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said newly hired member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (Government Code section 7522.30)
3. Unit employees who are “new members,” as defined in the PEPRA, on and after January 1, 2013, shall be enrolled in the retirement plan of 2%@62 (Government Code section 7522.20(a), with final pensionable compensation (as defined for new members in
HIGHEST SINGLE YEAR
SURVIVOR CONTINUANCE
2% @ 55 RETIREMENT FORMULA
City of Redlands | Teamsters MOU 2026-2029 7
Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).)
Article 7. LONGEVITY PAY
A. Employees with fifteen (15) years continuous service with the City shall receive compensation in the amount of three percent (3%) of base salary, effective the beginning of the pay period closest to completion of their fifteenth (15th) year of service.
B. Employees with twenty (20) years continuous service with the City shall receive compensation of two percent (2%), effective the beginning of the pay period beginning closest to completion of their twentieth (20th) year of service.
C. The 15- year longevity percentages shall be compounded with the 20- year longevity pay. Incentives and leave cash out shall be calculated based on the combination of base salary and longevity pay.
Article 8. OVERTIME
A. Overtime pay shall be earned at time and one-half for all hours. The employee may elect to earn compensatory time off, at one and one-half time, in lieu of overtime pay. For shifts that exceed 12 hours, employees will be paid double time or earn compensatory time off at double time rate.
Overtime must be paid at the time it is worked or accrued as compensatory time. Accrued compensatory time will not be paid off in lump sum except at termination and only for those hours on the official payroll records.
B. Paid leave time -- which encompasses vacation, sick, floating holiday, and compensatory time -- shall not be considered hours worked for the computation of overtime. Paid holiday time and jury duty shall be considered hours worked for the computation of overtime.
C. Any employee who works overtime in excess of three and one-half (3½) hours, provided that employee has worked eight (8) hours in addition to the three and one-half (3½) hours, will be entitled to have a meal at the expense of the City or be entitled to be reimbursed for a meal, either during the incident for which the employee is working overtime for or at discharge from the incident. The cost of the reimbursement shall not exceed the US General Services Administration’s guidelines for “Dinner” in San Bernardino County for the date of the incident.
Article 9. CERTIFICATION PAY
Employees in the classifications of Water Distribution Operator and Water Distribution Crew Leader who obtain State issued water distribution certificates above and beyond the minimum requirements as set forth in their respective job description shall be eligible for an additional three percent (3%) of base salary for each additional certificate.
Article 10. WATER HAZARD PAY – SEWER OVERFLOW/SANITARY SEWER
EMERGENCY RESPONSE
Purpose - The purpose of this article is to recognize the elevated health, and safety and environmental risks associated with responding to sewer overflows, sanitary sewer system failures, and related City of Redlands | Teamsters MOU 2026-2029 8
emergency events, and to provide appropriate compensation to employees required to perform such duties.
Definition of Sewer Overflow Emergency - A Sewer Overflow Emergency is defined as any event involving the uncontrolled discharge, backup, or release of untreated or partially treated sewage, wastewater, or industrial waste, including but not limited to:
a. Sanitary sewer overflows (SSOs)
b. Sewer main breaks or collapses
c. Private lateral overflow
d. Raw sewage backups into streets, waterways, storm drains, buildings, or private property e. Confined space sewer entries related to overflow response f. Any emergency declared by the City related to wastewater system failure Eligibility for Hazard Pay - Employees shall be eligible for hazard pay when they are directed or required to perform any of the following during a Sewer Overflow Emergency:
a. Contact with raw or partially treated sewage
b. Entry into contaminated areas, including flooded streets, easements, channels, or structures c. Sewer line clearing, jetting, bypass pumping, vacuuming, or cleanup operations d. Handling, transporting, or disposing of contaminated materials e. Confined space entry associated with sewer overflow mitigation f. Traffic control, barricading, or public safety duties within contaminated zones Hazard Pay Rate – Effective the first full pay period after City Council approval of this MOU, eligible employees shall receive hazard pay equal to an additional 5% of their base hourly rate or a minimum of $3 per hour, whichever is greater, for all hours worked during a Sewer Overflow Emergency response. Hazard pay shall be paid in addition to any applicable:
a. Overtime
b. Call-back pay
c. Standby pay
d. Shift differentials
e. Premiums provided elsewhere in this MOU
Minimum Pay Guarantee - Employees assigned to a Sewer Overflow Emergency shall receive hazard pay for a minimum of four (4) hours, regardless of the actual time spent responding.
Article 11. WORKING OUT OF CLASSIFICATION PAY
Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed, said employee shall be entitled to receive out of classification pay for the period of time that the employee works out of classification.
Employees approved to work out of class shall be placed at Step 0 of the classification in which they are working. If Step 0 does not provide a 5% increase, the employee will be placed at the step on the range that provides a 5% increase. Placement will not exceed Step 4 of the range.
A. In order to receive out of classification pay the following provisions must occur:
1. A vacancy or absence must exist for out of classification pay to be paid.
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2. The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation.
3. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay.
4. The employee shall have completed five (5) consecutive full work days in the higher classification and shall then be eligible for out of classification pay commencing with the sixth (6th) consecutive day working out of classification and continuing for all consecutive days worked thereafter B. Working out of classification pay will only be authorized upon recommendation to and approved by the Director of Human Resources and Risk Management, by the Department Head and will require a Personnel Action Form with supporting documentation justifying assignment.
Article 12. SPECIAL ASSIGNMENT PAY
Employees performing in a capacity beyond the normal scope of their duties, and with increased and direct responsibility and personal liability for City operations shall be eligible for Special Assignment Pay.
Special Assignment Pay shall be at a flat rate not to exceed ten percent (10%) of base salary. Special Assignment Pay will only be authorized upon Department Head recommendation, Human Resources Director concurrence and City Manager approval.
Article 13. CALL BACK PAY
A. An employee will be eligible for Call Back Pay when an employee is called in to work outside of their scheduled shift. Call back time will be reimbursed based on a minimum two (2) hour block at time and one-half, with the exception that employees will be reimbursed based on a minimum three-hour block at time and one-half if the call back is between the hours of 12:00 a.m. and 7:00 a.m.
B. When an employee has worked at least two (2) hours during the eight (8) hours prior to the commencement of his/her regular work schedule, the employee shall report to duty at the regular scheduled shift immediately commencing ten (10) hours after the end of the callback assignment.
When an employee has worked (4) continuous hours within eight (8) hours prior to his/her regular start time, he/she shall get the next day off and shall be compensated at the regular rate of pay for the time off
C. Where the working of call back time results in the employee starting his/her regularly scheduled shift after the regularly scheduled shift commences, the missed hours of work shall not be deducted from the employee’s hours worked total for the weekly work period.
Article 14. STAND-BY PAY
A. Employees in the General Employees unit of representation assigned to standby duty shall receive one (1) hour of pay at straight time for standby duty on a week day and four (4) hours of straight time pay for standby duty on a regularly scheduled day off, weekend day or holiday.
B. In order to qualify for standby pay employees must:
1. Be available via a city issued device;
2. Be able to report to the worksite within thirty (30) minutes; and, City of Redlands | Teamsters MOU 2026-2029 10
3. Not consume alcoholic beverages or any other debilitating drug while on standby.
Any employee who is unable to respond within thirty (30) minutes may be eliminated from the standby rotation.
Article 15. SCHEDULED RECALL TO WORK
The City agrees that when employees of the Municipal Utilities and Engineering Department are recalled or scheduled to return to work for water system installation or a maintenance project between the hours of 12 midnight and 4:00 a.m., said employees shall receive time and one-half for all hours worked.
Employees performing in this capacity shall automatically report to duty on their regularly scheduled shift immediately after a ten (10) hour rest period has occurred from the ending time of the scheduled or recall work assignment.
Article 16. SHIFT DIFFERENTIAL
The City agrees to provide a five-percent (5%) shift differential to those employees who work one-half of their regularly scheduled shifts after 7:00 p.m., not to include overtime, special assignments, emergency hours, etc. worked after 7:00 p.m. The shift differential shall apply to the full regularly scheduled shift.
Article 17. UNIFORM ALLOWANCE
A. Uniformed employees shall in lieu of the uniform allowance, be provided uniform rental and laundering services at City expense (valued at $125 per year). Upon termination of employment, employees whose uniforms were provided to them will be required to return the uniforms to the City.
It is a requirement that employees wear the designated uniform and appropriate footwear to work daily. Classifications covered by this provision are:
Asphalt Worker Solid Waste Truck Driver
Building Maintenance Worker Sr. Asphalt Worker
Cemetery Caretaker II Sr. Building Maintenance Worker
Cemetery Crew Leader Sr. Customer Service Field Technician Cross Connection Control Inspector Sr. Equipment Operator Customer Service Field Technician Sr. Grounds Maintenance Worker I/II Electrical and Instrumentation Apprentice Sr. Grove Maintenance Worker Electrical and Instrumentation Technician Sr. Street Maintenance Worker I/II Electrician Sr. Water Quality Technician
Equipment Mechanic I/II Tree Trimmer I/II
Equipment Operator OIT/I/II Utilities Maintenance Foreperson Fire Mechanic Wastewater Collection Systems Worker I/II/III Fleet Parts Technician Wastewater Facilities Operator I/II/III/IV/ Grounds Maintenance Worker I/II Water Distribution Crew Leader Grover Maintenance Worker Water Distribution Operator
Laboratory Analyst I/II/III/IV Water Meter Reader I/II
Maintenance Worker I/II Water Quality Technician I/II
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Plant Mechanic I/II Water Treatment Operator I/II/III/IV/V Sign & Paint Worker Welder
B. The following employees shall in lieu of the clothing allowance be provided five (5) Polo Shirts/T Shirts twice a year, in January and July:
Building Inspector I/II (Polo) Program Specialist (T-shirt) Code Enforcement Officer I/II (Polo) Sr. Building Inspector (Polo) Program Aid (T-Shirt) Code Enforcement Supervisor (Polo) C. Non-uniformed employees in this unit on payroll as of June 1 of each year and at the time the check is issued shall receive an annual three hundred dollars ($300.00) bonus in lieu of the uniform allowance, payable in July of each year. This bonus will not be reported to PERS as compensation.
D. Classifications listed below on payroll as of June 1 of each year and at the time the check is issued shall receive an annual $300.00 for required boot/footwear, payable in July of each year.
Asphalt Worker Sr. Asphalt Worker
Building Inspector I/II Sr. Building Inspector
Building Maintenance Worker Sr. Building Maintenance Worker Cemetery Caretaker II Sr. Code Enforcement Officer
Cemetery Crew Leader Sr. Construction Inspector
Cemetery Sales and Service Representative Sr. Customer Service Field Technician Code Enforcement Officer I/II Sr. Equipment Operator
Construction Inspector Sr. Grounds Maintenance Worker I/II Cross Connection Control Inspector Sr. Grove Maintenance Worker Customer Service Field Technician Sr. Street Maintenance Worker I/II Electrical and Instrumentation Apprentice Sr. Water Quality Technician Electrical and Instrumentation Technician Tree Trimmer I/II Electrician Utilities Maintenance Foreperson
Equipment Mechanic I/II Wastewater Collections System Supervisor Equipment Operator OIT/I/II Wastewater Collection Systems Worker I/II/III Fire Mechanic Wastewater Facilities Operator I/II/III/IV/V Grounds Maintenance Worker I/II Wastewater Supervisor
Grove Maintenance Worker Water Distribution Crew Leader Laboratory Analyst I/II/III/IV Water Distribution Operator Maintenance Worker I/II Water Distribution Supervisor
NPDES Inspector I/II Water Meter Reader I/II
Plant Mechanic I/II Water Production Maintenance Supervisor Regulatory Compliance Officer Water Production Operations Supervisor Sign & Paint Worker Water Quality Technician I/II
Solid Waste Route Coordinator Water Treatment Operator I/II/III/IV/V City of Redlands | Teamsters MOU 2026-2029 12
Code Enforcement Officer I/II Welder
E. Employees new to a classification listed in Section D shall receive one half (1/2) of the annual footwear allowance, to be followed on June 1st of their first year with the second half of the footwear allowance.
F. The parties recognize that their best efforts have been made to list the appropriate job classifications and uniform entitlement. In the event there is a change to job duties or an error has been made and a classification has been misidentified, that classification will be added to the above appropriate category. If new classifications are added during the term of this MOU (2023-2026), the City and the unit will meet and confer on eligibility of the newly added classification.
Article 18. RIDESHARING
A. All employees are eligible for participation in the City’s ridesharing program. Participation in the program is voluntary and shall be in full compliance of Redlands Ridesharing Program Policy.
Approved participants shall receive fifteen (15) minutes of accrued rideshare time for each rideshare day. Ridesharing shall be reported on individual employee timesheets.
B. The program shall be monitored by the Program Coordinator. Participants in violation of the Ridesharing Policy, including falsification of reporting, shall be permanently dismissed from the program and subject to disciplinary action.
Article 19. TUITION REIMBURSEMENT
A. Each Unit employee shall be entitled to tuition reimbursement for courses and books while attending an accredited school of higher learning. The course must be pre-approved by the employee’s department head and Human Resources.
B. Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California, Riverside. An employee shall not receive reimbursement in excess of two thousand Dollars ($2,000) in any one fiscal year. The difference between the City’s maximum obligation during any fiscal year and the amount of any actual reimbursement received by the employee during that fiscal year shall not be carried over or be available to use by the employee in any subsequent fiscal year.
C. The course must be satisfactorily completed with a minimum grade of “C” or equivalent.
D. Upon the approval of the department head and Human Resources, a Unit employee may use up to two hundred-fifty ($250) per year of their Tuition Reimbursement for attendance at a seminar or conference for the purpose of professional development.
Article 20. BILINGUAL PAY
Employees are eligible for bilingual pay in accordance with the City’s Bilingual Pay Program, and upon approval by the Department Head and Human Resources/Risk Management Director. Effective the first full pay period after the City Council approval of this MOU, Authorized employees shall receive additional compensation in the amount of seventy-five dollars ($75) per pay period.
Article 21. DEATH OF EMPLOYEE
A. The eligible dependents of deceased employees shall be entitled to benefits as follows:
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B. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.
C. In the event the deceased employee qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.
Article 22. HEALTH INSURANCE
A. The City shall contribute directly to CalPERS on behalf of each employee three hundred and ninetyseven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City’s cafeteria plan that is equal to the difference between the City’s minimum PEMHCA contribution and the following amounts:
B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical plan premiums, flexible spending account, and post-employment health plan.
C. The City agrees to provide a stipend of three hundred and fifty dollars ($350), on a monthly basis, for those employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit.
D. RETIREE INSURANCE BENEFITS.
1. For all unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.
2. Upon service retirement and completion of twenty (20) cumulative years of service with the City an employee hired prior to March 11, 2010, who qualifies as an annuitant under PEMHCA, may elect to receive as City contributions to a retiree health savings account the difference between the PEMHCA minimum and the cost of fully paid medical insurance (excludes vision coverage) for the employee and eligible dependents, under the City’s medical insurance program. Employees hired on or after March 11, 2010 are not eligible for this benefit.
3. Unit members with ten (10) years of continuous employment with the City who concurrently retire from the City and the CalPERS system and who qualify as an annuitant under PEMHCA may elect to receive the “Medical Bridge.” Under the “Medical Bridge,” the City will contribute the difference between the PEMCHA minimum and the cost of single party coverage for the retired unit member only for the lowest cost medical and dental insurance plans as provided by the City to its then existing unit members until the member reaches the age of Medicare eligibility at which
COVERAGE LEVEL
TOTAL CITY CONTRIBUTION
UPON APPROVAL AND
ADOPTION OF AGREEMENT
EFFECTIVE
JANUARY 1, 2027
EFFECTIVE
JANUARY 1, 2028
Employee Only: $900 950 1,000
Employee Plus One Dependent: $1,700 $1,800 $1,900
Employee plus Two or more
Dependents:
$2,200 $2,300 $2,400
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time the benefit will cease and unit members will only receive the PEMHCA minimum contribution. Unit members who receive the medical bridge can select higher cost plans offered by the City to its then existing members and/or coverage for dependents, however, the additional cost for the plan or additional dependents shall be paid for by the Unit member and not by the City.
Article 23. DENTAL INSURANCE
The City agrees to pay the full monthly premium for dental insurance under the Principal Financial dental plan or its equivalent for each employee in the unit and all eligible dependents.
Article 24. VISION CARE
The City agrees to reimburse each employee in the unit up to four hundred dollars ($400) every fiscal year for the purchase of frames and lenses or contact lenses and the cost of eye examinations for the employee and/or his/her dependent or the reimbursement of a 3rd party vision insurance premium, with documentation of paid premiums to be submitted once a year.
Article 25. LIFE INSURANCE
The City shall contribute the monthly premium for term life insurance in the amount of twenty-five thousand dollars ($25,000) for all employees in the unit.
Article 26. WORKERS’ COMPENSATION/SDI
A. The City agrees to provide City paid State Disability Insurance coverage to all employees in the unit.
B. Sick leave or compensatory time may be used to supplement a Workers’ Compensation or State Disability Insurance check, not to exceed the employee’s regular rate of pay. Prior to use of accrued sick leave or compensatory time for this purpose, the State Disability Insurance check stub must be submitted to Payroll.
Article 27. VACATION
A. The vacation accrual for employees in the unit shall be as follows:
YEARS/MONTHS OF SERVICE ACCRUAL RATE – HOURS
0 – 5 (0-59 months) 80
6 – 7 (60-83) 120
8 – 10 (84-119) 140
11 – 14 (120-167) 160
15+ (168+) 200
B. The maximum vacation accrual shall be three (3) years. In November of each calendar year all vacation hours in excess of three (3) years accrual will be paid off at the employee’s current hourly rate.
Article 28. SICK LEAVE
A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.
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B. USE: Employees may use up to half of their annual sick leave accrual, forty-eight (48) hours, to care for ill family members.
C. BUY BACK: In November of each calendar year, each employee in the unit may elect to be paid at his/her current hourly rate for each sick leave day accumulated during the following calendar year in excess of six (6) sick leave days in November of the following year. A total of one (1) year’s accumulation, ninety-six (96) hours, must be on the books prior to any compensation being paid. This election is irrevocable and may not be changed after the election is made. Employees in the unit may also choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount.
D. AT SEPARATION OF SERVICE: Upon voluntary separation of service or layoff with the City, employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula:
YEARS OF SERVICE PERCENT
10 – 15 25 %
16 – 20 35 %
21+ 50 %
In the event of separation due to layoff for an employee with less than 10 years of service, the employee will be eligible for 25% of unused sick leave
Employees electing this option shall be responsible for any and all future medical insurance premiums.
E. UPON SERVICE RETIREMENT: In lieu of the benefit D and upon service retirement under the PERS retirement plan, employees in the unit may elect to have all remaining sick leave accrued at the time of retirement converted to cash value at their final rate of pay and deposited in the Post Employment Health Plan (PEHP) where it can be used for applicable premiums payable under the City’s medical insurance program for the employee and the employee’s eligible dependents. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the PEHP.
F. CONVERSION TO SERVICE CREDIT: In lieu of benefits D and E cited above, employees in the unit may elect to have all remaining sick leave accrued at the time of service retirement converted to PERS service credit.
Article 29. BEREAVEMENT LEAVE
In the event of a death in the immediate family, an eligible employee will be compensated with four (4) days paid leave. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse or registered domestic partner: spouse, register domestic partner, child (including foster child or ward of the court), parent, grandparent, brother, sister, niece, nephew, step-children, and grandchildren. The definition of immediate family will also include the aunt and uncle of the employee only. Bereavement leave may also be used for the significant other of the employee provided the employee shows proof of cohabitation.
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It is understood that Bereavement Leave is not just to allow employees to attend funeral services, but to allow employees to morn and process the passing of a family member or help a spouse to do so.
If requested by the employee, Bereavement Leave may be split into two (2) blocks of time that, when combined, shall not exceed the seven (7) days specified above. Bereavement leave must be completed within three (3) months of the death of the family member.
Article 30. LEAVE OF ABSENCE WITHOUT PAY
If an employee takes more than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereafter during the calendar year, sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.
Article 31. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. The department head may request copies of the employee’s official military orders.
Article 32. HOLIDAYS
A. The holidays which will be honored for employees in the unit will include the following, along with any additional day as designated by action of the City Council:
HOLIDAY DAY OBSERVED
New Year’s Day January 1
Martin Luther King Day Third Monday in January
President’s Day Third Monday in February
Farm Workers Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day Friday after Thanksgiving Day Christmas Eve December 24
Christmas Day December 25
B. If the holiday falls on Saturday, Friday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.
C. If a scheduled holiday falls on an employee’s regular day off, the employee shall be given the option of being compensated or banking the time as Compensatory Time Off for one day of holiday compensation at straight time. Employees should not be scheduled to work both the designated holiday and the actual holiday. Employees on a 9/80 work schedule will be paid eight (8) hours of holiday pay if the holiday lands on a closed Friday.
D. Holiday pay shall be compensated in accordance with the employee’s standard work schedule.
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E. Employees in the unit are also entitled to receive:
1. Two (2) Floating Holidays per calendar year
2. Twenty (20) Hours of Additional Floating Holidays per calendar year F. Employees in the unit shall not be allowed to carry floating holidays over from one calendar year to the next. Holidays not taken by December 31st of any given year will be forfeited.
G. The A.K. Smiley Public Library will be closed on the Saturday following Thanksgiving Day.
Article 33. COMPENSATORY TIME OFF
Compensatory Time Off (CTO) shall accrue at the rate of one and one-half (1-1/2) hours for each overtime hour worked in accordance with the Fair Labor Standards Act. CTO shall not accumulate in excess of two hundred (200) hours at any given time. Use of compensatory time-off earned shall be granted so that it does not unduly disrupt the operations of the City. Terminating employees shall be compensated for accrued compensatory hours.
Article 34. SHOP STEWARD RELEASE TIME
The Union may designate up to eight (8) Shop Stewards, three (3) Deputy Chief Stewards, and one (1) Chief Steward to attend Union meetings/business on City time. • Eight Shop Stewards shall be granted up to two (2) hours per month. • Three Deputy Chief Stewards shall be granted up to five (5) hours per month. • The Chief Steward shall be granted up to thirteen (13) hours per month. This time shall be in addition to meetings or tasks assigned by the City Manager, Human Resources or City Council members.
Release Time must be scheduled in advance and the supervisor must be notified. The Human Resources Director may approve additional time off for shop stewards as well. A listing of all Shop Stewards, along with their designations, shall be provided to Human Resources upon request of the Business Agent or at a minimum of once a year.
Article 35. UNION RELEASE TIME
The City shall provide a total not to exceed 250 hours per year of paid release time from duty for conduct of any Union activities as determined in the sole discretion of the Union. A Union member’s time in labor negotiations with the City shall not be included in the 250-hour allocation. The Union shall provide notification of its intent to utilize release time to the Human Resources Director at least seven (7) days prior to the requested usage. Usage of release time requires advance approval by the Human Resources Director and is subject to operational needs. Approval for release time shall not be unreasonably denied.
Article 36. MEAL PERIODS
Employees shall be entitled to a meal period which shall not be less than thirty (30) minutes or greater than sixty (60) minutes. Every effort will be made to schedule the meal period during the middle of a shift, when possible.
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Article 37. REST PERIODS
A. The City agrees to the following: Employees shall be entitled to two (2) daily rest periods ten (10) to fifteen (15) minutes in duration which insofar as practical shall be in the middle of each work period.
The rest periods shall be considered as time worked. Employees required to work beyond their regular tour of duty shall be granted a ten (10) minute rest period for each two (2) hours of work.
B. The Union understands and agrees to the following. With regard to break periods, the following scenarios should not occur:
1. Combining two daily breaks into one 20-30 minute break.
2. “Banking” breaks from day to day.
3. “Saving” break time in order to extend lunch periods or shorten the workday.
4. Payment of compensatory time off or overtime for “unused” breaks.
Article 38. CATASTROPHIC LEAVE
Employees are eligible for catastrophic leave in accordance with the City’s Catastrophic Leave Policy.
Article 39. LEAVE TIME REPORTING
Leave time may be used and reported in increments of fifteen (15) minutes.
Article 40. COMMERCIAL DRIVER’S LICENSE
The City will pay for the required physical examination for employees required by their job classification to maintain Class A or Class B driver’s licenses. Time spent participating in the required physical examination will be considered as time worked. In addition, the City will provide reimbursement up to $2,000 for fees associated with obtaining the initial commercial driver’s license. This reimbursement will be provided upon submission of receipts and proof of successfully obtaining the commercial license.
Employees within the following classifications will have 9 months from their hire date to obtain the required CDL.
Classifications which require obtaining a CDL prior
to the end of probation.
Equipment Operator OIT I
Plant Mechanic I
Tree Trimmer I
Water Distribution Operator
Wastewater Collection System Worker I
Maintenance Worker
The City shall reimburse employees, with a job classification which requires a Hazardous Materials endorsement, up to $100 to offset the costs associated with maintaining that particular endorsement.
Article 41. EMPLOYMENT EXAMINATION PROCEDURES
The examination procedure for all City jobs will be as established by the City and Union.
Article 42. PROBATION
A. Employees new to the unit shall serve a probationary period of twelve (12) months.
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B. Employees who are promoted shall serve a probationary period of six (6) months. Existing employees who are placed in a new position which requires a probationary period shall also serve a probationary period of six (6) months. A promotional probationary employee who is subject to discipline as defined by City rules and regulations, shall retain the right to challenge the action in the same manner as a non-promotional employee who has successfully completed the probationary testing period.
Promoted employees who fail the probationary period for non-disciplinary reasons (e.g., performance, etc.) shall have a limited right to revert to their former position if that position is vacant.
In the event that the position previously held by a promoted employee who fails the probationary period for non-disciplinary reasons is not vacant, the City may, at its sole discretion, offer that employee a position similar to the position that the employee previously held, so long as the employee meets the minimum qualifications for that similar position. In the event that a recently promoted probationary employee is released from city employment for non-disciplinary reasons, their name shall be placed on an appropriate reemployment list for the position they held immediately prior to their promotion. Such names shall remain thereon for a period of six months unless such persons are sooner reemployed.
C. Probationary periods may be extended as set forth in the City’s Personnel Rules and Regulations.
Article 43. REVIEW/EVALUATION DATE
For those employees hired after July 1, 1990, the “review/evaluation date” shall be the day of the month in which the employee completes the probationary period. When an employee receives a promotion, after July 1, 1990, the new review/evaluation date shall be the day of the month in which the employee completes the probationary period in the new classification. When a salary increase is granted, it shall be effective on the beginning of the pay period falling closest to the day of the month the employee was hired or promoted.
Article 44. PERFORMANCE EVALUATIONS
In cases where a performance evaluation has not been received by an employee within 30 days of the eligibility date, the employee should contact the supervisor, who must complete and file the evaluation within ten (10) working days. If the employee has not received a fully completed performance evaluation within 30 days after the date the supervisor was notified, the evaluation shall be considered to have met all the necessary criteria to warrant any merit (step) increase that may be forthcoming. Said merit (step) increase shall be paid retroactively to the original eligibility date.
Article 45. WORKWEEK /STANDARD TOUR OF DUTY
The standard tour of duty represents the time that an employee is regularly scheduled to work. The department head shall establish the actual number of hours which comprise the standard tour of duty for each position. Any proposed change shall be communicated to the employees and the union at least two (2) weeks prior to the proposed change being implemented unless mutually agreed upon between the employee and supervisor. If requested by the union, the parties shall expeditiously meet and confer regarding such change. A 75% majority of members in a department may propose a plan for a change in their scheduled tour of duty to their Department head, through their direct supervisor, for review. Human Resources and the Department Head shall provide a written response to the proposal, if the proposal is denied the union shall have no recourse to the grievance procedure. If the proposal is accepted that in no way implies a past practice by City of Redlands | Teamsters MOU 2026-2029 20
the City. This language is in no way intended to take away or change any provision within the Managements Rights clause within the MOU.
Article 46. SOLID WASTE ROUTE BIDDING
The City agrees to adhere to the Solid Waste Route Bidding process, based on seniority, as established as part of the Solid Waste Department’s operating procedures.
Article 47. FLOATER PREMIUM PAY
Solid Waste Truck Drivers who bid and work a floater route shall receive $2.00/hour in addition to their base salary for every hour worked as a floater. To qualify for Floater Premium Pay, an employee must be a full-time Solid Waste Truck Driver with a minimum of 5 years in the classification with the City of Redlands and had not received any discipline above a written reprimand within the past 12 months.
Article 48. PROMOTIONAL POSITIONS
A. The City may seek only promotional candidates to fill available positions. In this case, distribution of job announcements shall be limited to internal sources. Promotional candidates shall follow the procedures identified in the City’s Personnel Rules and Regulations. Employees appointed to promotional positions shall complete a probationary period in accordance with the City’s Personnel Rules and Regulations.
B. Employees appointed to a promotional position shall receive the nearest highest monthly salary which is at least five percent (5%) higher than the employee’s previous base salary, but in no case more than the top step of the new salary range.
Article 49. NO STRIKE PROVISION
It is understood and agreed that the service performed by City employees included in this MOU are essential to the public’s health, safety, and welfare. Therefore, the Union agrees that it will not authorize, instigate, aid, condone, or engage in any strike, work stoppage, or other action of the City. In the event of a violation of this section, the Union agrees to take affirmative steps with the employees concerned to bring about an immediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiations regarding the difference or dispute during the existence of such violation or before normal work has been resumed. The City reserves the right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.
Article 50. DIRECT DEPOSIT
Direct deposit of employee paychecks will be available to employees in this unit.
Article 51. PERSONNEL FILE
A. No material which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in an employee’s personnel file unless the employee has been allowed to read such material and respond to it, in writing, which response will also be placed in the personnel file.
B. Any employee, upon request, shall have access to his/her personnel file, and shall have the right of reproduction, at cost, of his/her personnel file in full or in part. No portion of an employee’s personnel file shall be transmitted to anyone other than the City Manager, Human Resources, Department Head, City of Redlands | Teamsters MOU 2026-2029 21
Risk Management Administrators, or by Court subpoena. The employee is to be notified at the time of the request that the information has been transmitted and to whom it was sent.
C. Once per year, in August, upon written request by the employee to Human Resources, the employee may request to have documented written reprimands, with the exception of expressed violence, harassment, or last chance agreements, issued more than twenty four (24) months prior to the request, removed, provided that no ensuing discipline occurred. Upon removal, the written reprimands shall not be used or referenced in any future disciplinary proceeding. The decision to remove the documents lies with Human Resources and that decision is final. The employee shall have no right to appeal or grieve the decision. In the event the request is denied, the reason for the denial shall be communicated via email to the employee.
Article 52. COPY OF MOU TO EACH EMPLOYEE
The City will provide each employee in the unit with access to this MOU within sixty (60) days of execution.
Article 53. RULES, REGULATIONS AND RESOLUTIONS
The City agrees to review annually with the Union major changes in the Personnel Rules and Regulations and to make available copies of the rules and regulations to all employees. Salary resolutions shall be furnished to the Union and the Chief Steward of the Chapter.
Article 54. DISCIPLINARY PROCEDURE
A. The Investigatory Interview Process
Prior to any investigatory interview or consultation that could reasonably be construed to result in disciplinary action against the employee, the employee shall be given notice of the interview or consultation as soon as reasonably practical, and shall be advised of his or her right to representation under this section; and upon request shall be afforded an opportunity to contact and consult privately with a representative of the Union. If requested, the employee may have a Union representative present during any such investigatory interview or consultation, and, to the extent practicable, such interviews or consultations shall be conducted during an employee’s working hours. Only those persons reasonably necessary to the conduct of the interview shall be present.
The employee or the City may elect to record any such investigatory interview or consultation, unless the parties mutually agree not to record such interview or consultation; however, in the event the City elects to record such an interview or consultation, it shall upon request provide the employee with a copy of said recording. The cost of providing anything other than a digital copy of the recording to the employee shall be borne by the employee.
B. Disciplinary Procedures
No non-probationary employee shall be disciplined without cause. A promotional probationary employee who is subject to discipline as defined by City rules and regulations, shall retain the right to challenge the action in the same manner as a non-promotional employee who has successfully completed the probationary testing period. Rejection from a probationary promotional position for non-disciplinary reasons is not subject to appeal or any other challenge. Disciplinary action shall be defined to include: oral warnings, written reprimands, suspensions, demotions (non-probationary), City of Redlands | Teamsters MOU 2026-2029 22
reduction in pay and discharge. Oral and written reprimands may be initiated at the supervisor/Division Manager level. Disciplinary action more serious than a written reprimand must be initiated at the Department Head level.
1. Notice of Proposed Action
Whenever an employee is to be discharged, suspended, demoted (non-probationary), or reduced in step, for disciplinary purposes, written notice of at least five(5)1 days of the proposed disciplinary action shall be given before such action is to be taken and must include:
a. Notice of proposed action;
b. Reasons for proposed action;
a. A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based; and
b. A notice to the employee of the right to respond in writing or orally within the five (5) day period.
2. Limitations and Exceptions
a. Oral notice is insufficient as full notice to an employee and may be given only as the initial notice in extraordinary circumstances which call for immediate action. b. Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved. c. Employees may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, or to avert serious disruption of governmental business. The appointing authority may schedule an employee for vacation or holiday leave as the circumstances may warrant. Extraordinary circumstances include but are not limited to situations involving misappropriation of public funds or property; working while under the influence of alcohol or intoxicating drugs; open insubordination; commission of a crime involving moral turpitude punishable by imprisonment for six (6) months or more; and disruption of City business through willful misconduct (altercations, etc.) d. Oral notice is insufficient as full notice for proposed disciplinary action. In extraordinary circumstances when immediate suspension, demotion, removal, or reduction in step is warranted, initial notice may be given orally. The employee should be told when the initial action is taken what the reasons for the actions are and, in addition, the employee will have an opportunity to respond in writing and/or orally to those charges. The written charges in the case of an immediate disciplinary action must be prepared as soon as possible and normally within a day or two (2) of the initial oral notice.
3. Employee's Response to Proposed Discipline
a. An employee receiving a Notice of Proposed action shall have the right to respond to a Department Head from a different Department. An employee’s opportunity to respond to the 1 Unless specifically noted to be "working days," any reference to days is calendar days.
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Department Head is not intended to be an adversarial hearing. An employee has the right to have a representative of his/her own choosing at the meeting. The employee shall not be accorded the opportunity to cross-examine a department’s witnesses, nor to present a formal case in opposition to the proposed discipline. However, the limited nature of this response does not obviate the Department Head’s responsibility to initiate further investigation if the employee’s version of the facts raises doubts as to the accuracy of the Department Head’s information leading to the discipline proposal. An employee may elect not to respond, thereby waiving any further pre-disciplinary response.
b. The Department Head from a different Department will evaluate the proposed discipline in light of the employee’s response, if any. Within ten (10) days of the employee’s response, or deadline for response, a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail.
4. City Manager Level Appeal
a. Any permanent employee shall have the right to appeal any termination, suspension, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to those positions which may be deemed exempt or to probationary employees. The appeal process shall not be applicable to verbal and written reprimands, probationary demotions, performance evaluations and denial of performance increases. An employee desiring to appeal the Department Head’s decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the City Manager and received in the City Manager’s office so that same is date stamped by the City Manager’s office within the ten (10) day period.
b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal meeting shall be scheduled.
c. The meeting with the City Manager shall be conducted in the same manner as the Response to Proposed Discipline set forth in paragraph 2(B) above. d. The City Manager will evaluate the discipline in light of the employee’s response, if any. Within ten (10) days of the employee’s response a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail.
5. Advisory Arbitration
a. An employee desiring to appeal the City Manager’s decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the City Manager and received in the City Manager’s office so that same is date stamped by the City Manager’s office within the ten (10) day period.
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b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal hearing shall be established as follows:
i. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee.
Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer. ii. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. iii. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public. iv. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
v. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence. vi. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under crossexamination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.
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vii. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
i. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. ii. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the City Manager.
iii. The hearing officer’s opinion and recommendation shall be filed with the City Council, with a copy sent to the charged employee, and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer’s recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action. iv. Within sixty (60) days of the receipt of the hearing officer’s findings, recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City of Redlands | Teamsters MOU 2026-2029 26
City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendation(s), shall be filed where appropriate, including the employee’s personnel file, unless no discipline is upheld by the City Council.
v. Each party shall equally bear the cost and fees of the hearing officer, the cost of facilities, the court reporter and transcripts. Each party shall bear its own witness and attorney fees.
If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in a hearing officer fee.
vi. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Council, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Council, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.
vii. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.
Article 55. GRIEVANCE PROCEDURE
A. Definition
A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, provisions of the Personnel Rules and Regulations, and/or written City Policy. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Disciplinary Appeal Procedure.
B. Procedure
1. Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level City of Redlands | Teamsters MOU 2026-2029 27
of supervision. Within fifteen (15) days2 after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor. A supervisor shall render a verbal decision within seven (7) days of the conclusion of the informal conference.
Failure to provide a verbal decision will automatically advance the process to the next step.
2. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) days from the date of receiving the answer from his/her supervisor, file a written grievance and request a meeting with the Division Manager, if one exists, in order to discuss the grievance. The written grievance shall contain the following information:
a. Name of grievant and job title;
b. Department/Section;
c. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;
d. The specific provision(s) of the MOU, City Policy or Personnel rules alleged to have been violated;
e. Requested remedy;
f. Name of the grievant’s Labor Representative, if any; and g. Date and signature of the grievant or Labor Representative.
3. The Division Manager shall render a decision and comments in writing and return them to the grievant within ten (10) days after receiving the written grievance.
4. If the Division Manager and employee cannot reach a solution to the grievance (or if a Division Manager does not exist), the employee may, within seven (7) days from the date of receiving the answer from the Division Manager, request, in writing, a meeting with the Department Head.
5. The Department Head shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Department Head and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) days from the date of the decision by the Department Head, submit a written appeal to the Human Resources Director.
6. The City Manager shall review the grievance and respond to the employee within twenty (20) days of receiving the appeal. The response shall be in writing.
7. An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the Human Resources Director and received in the Human Resources office so that same is date stamped by the Human Resources office within the ten (10) day period.
8. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the grievance shall be considered conclusive as set forth in the City Manager's decision and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Director, an appeal hearing shall be established as follows:
2 Days refer to calendar days.
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a. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer.
b. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the Human Resources Director. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. c. All hearings shall be private provided, however, that the hearing officer shall, at the request of the grievant, open the hearing to the public.
d. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
e. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
f. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the grievant does not testify in his/her own behalf, he/she may be called and examined as if under crossexamination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. g. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
i. The grievant shall be permitted to make an opening statement; ii. The City shall then be permitted to make an opening statement; City of Redlands | Teamsters MOU 2026-2029 29
iii. The grievant shall produce the evidence on his/her part; the grievant bears the burden of proof and burden of producing evidence;
iv. The City may then open its defense and offer its evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
v. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; vi. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
h. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. The opinion shall set forth findings of fact and conclusions.
i. The hearing officer may recommend sustaining or rejecting any or all of the grievance. j. The hearing officer’s opinion and recommendation shall be filed with the Human Resources Director, with a copy sent to the grievant, and shall set forth his/her findings and recommendations.
k. Within sixty (60) days of the receipt of the hearing officer’s findings recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendation(s) shall be filed where appropriate, including the grievant's personnel file.
l. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee.
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m. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.
9. If the time limits for employees’ appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. The City Manager or his/her designee shall respond within the specified timeframe.
10. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review. In the event the employee desires the presence of a representative who is an employee of the City, he/she shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present.
11. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Head in presenting the grievance.
However, no employee shall absent himself/herself without first being excused by his/her supervisor.
12. No employee shall be required to be represented by an employee organization in processing a grievance. The settlement terms of a grievance which is processed by an employee individually or by a recognized employee organization shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit.
13. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization.
14. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.
15. A group grievance affecting all members of an employee organization may be brought by the employee organization itself. In such case the procedure shall be commenced directly at the City Manager level within fifteen (15) days after authorized representatives of the employee organization knew, or by reasonable diligence should have known, of the condition giving rise to the grievance and shall be subject to all applicable time limitations and the provisions set forth above.
Article 56. DEMOTION/NON-DISCIPLINARY
Regular employees who are demoted due to layoff or other non-disciplinary reasons will be required to serve a probationary period of no longer than six (6) months in the lower classification, provided they have not held regular status in the lower classification previously. While serving this new probationary City of Redlands | Teamsters MOU 2026-2029 31
period, the employee will retain due process rights and cannot be disciplined or terminated from City service without due process.
Article 57. LAYOFF PROCEDURE
A. Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, he/she may initiate Layoffs. Classifications to be affected and the number of employees included will be determined by the City.
B. In determining the order of Layoffs, a combination of factors shall be considered, including but not limited to: qualifications, productivity, general performance, seniority with the City of Redlands, seniority in job classification, and needs of the City. Variations from the order of Layoffs and recall from Layoff may occur when the City deems such variations appropriate under the circumstances.
C. The factors the City may use to determine the order of Layoffs are the following:
1. An employee's last four performance evaluations, provided they are within the last five years;
2. Any history of employee commendations, awards, etc.;
3. Any history of employee disciplinary action;
4. Attendance record, including tardiness and unexcused absences;
5. Safety record, including personal injury and damage to city property that was found to be the fault of the employee;
6. Probationary and temporary employees shall be laid off before a regular employee in the same classification;
7. Between two regular appointees in the same classification with the same skills, abilities, qualifications, merit and/or record, the employee with lesser seniority in the classification may be laid off first;
8. Between two regular appointees in the same classification the employee with lesser skills, abilities, qualifications, merit and\or record than may be laid off first, without regard to seniority;
9. Memoranda of Understanding ("MOU") between the City and affected bargaining units.
D. BUMPING
1. “Bumping” means the displacement of an employee from his/her position by an employee in a higher classification who formerly held the same position.
2. Where two or more employees are laid off from the same position, the employee with the greatest seniority in that classification shall have the first opportunity to bump as set forth below.
3. A laid-off employee shall be entitled to bump an employee in the same position previously held by the laid off employee. The laid off employee must be able to perform the essential job functions of the former position and possess the minimum qualifications of the position as specified by the job classification specification. A laid-off employee shall not bump an employee with greater skills, abilities, qualifications, merit and/or record. Laid off employees may also be placed in a vacant lower classification for which they meet the minimum qualifications.
Employees must utilize the option that places them in the highest available position.
City of Redlands | Teamsters MOU 2026-2029 32
4. A laid-off employee in a supervisor classification shall be entitled to bump an employee in a lower position directly supervised by the laid-off employee. The laid-off employee must be able to perform the essential job functions of the lower position and possess the minimum qualifications of the position as specified by the job classification. Employees must utilize the option that places them in the highest position.
5. The City will notify laid-off employees of any positions available for bumping. Following such notification, the employee must notify the Human Resources Director in writing of his/her intent to exercise the bumping rights within seven (7) calendar days, and the position and classification in to which he/she intends to bump. Failure to provide such notification will be deemed a waiver of bumping rights by the employee.
6. Where there is more than one employee in a position available for bumping, the factors in paragraph C of this Section will be used to determine which employee, if any, will be bumped.
7. The process will be repeated at the next classification level where an employee bumps in and creates an overage in that classification.
8. Any displaced employee shall be considered as laid-off for the same reason as the person who displaced them and shall in the same manner be eligible to displace another employee based on the criteria specified in paragraph D of this Rule.
E. REINSTATEMENT FROM LAYOFF
1. The names of probationary and regular employees who have been laid off shall be placed on appropriate reemployment lists. Such names shall remain thereon for a period of one year unless such persons are sooner reemployed.
2. An employee who is reemployed from layoff within one (1) year in any classification within this bargaining unit, shall receive credit for former years of service.
3. Employees who, following layoff from a position or layoff from City employment may be reinstated upon the recommendation of the Department Head and with the approval of the Human Resources Director, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to this paragraph.
Article 58. MAINTENANCE OF MEMBERSHIP
The parties agree that this provision shall become a maintenance of membership provision obligating all employees to pay dues/fees, as applicable by law, at the amount issued by the local union, until the expiration of the MOU and shall have the right to terminate their membership dues/fees only during the thirty-day period falling between sixty days and thirty days prior to the expiration of this MOU.
Article 59. D.R.I.V.E.
The City agrees to deduct from the paycheck of all employees covered by this Agreement, voluntary contributions to D.R.I.V.E. (Democrat Republican Independent Voter Education). Twice per year, (in March and October), D.R.I.V.E. shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck for all weeks worked. The phrase “weeks worked” excludes any week where an employee is in unpaid status. The City shall transmit to D.R.I.V.E.
National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s social security number City of Redlands | Teamsters MOU 2026-2029 33
and the amount deducted from that employee’s paycheck. The International Brotherhood of Teamsters shall reimburse the City annually for the City’s actual cost for the expense incurred in administering the payroll deduction plan.
Article 60. UNIT MODIFICATION
It is understood that this MOU shall constitute a bar to any petition or request for decertification of the Union as the formally recognized employee organization in the General Employees unit of representation at any time prior to the expiration date of this MOU.
In addition, no petitions for unit modification of the General Employees unit will be accepted by the City without the express agreement of the Union.
The provisions of this Article shall not be applicable where precluded by law. The Union, its successors and assigns, shall indemnify, defend and hold harmless, the City, including its agents and employees, against any claims, suit or actions made or brought against the City, including its agents and employees, for any expenses, losses or damages incurred by the City, including its agents and employees, on account of the provisions of this article.
Article 61. COMMUNICATIONS
The City and the Union shall work together in the interest of maintaining, and improving efficiency in all municipal operations and conservation of materials, supplies, and equipment, and for the improvement in quality of workmanship and service to the public.
The City and the Union consider themselves mutually responsible to improve communications between management and employees and will use their best endeavors in establishing and maintaining effective communication channels.
Article 62. USE OF BULLETIN BOARDS
The City agrees that the Union may utilize bulletin board space in designated areas upon mutual agreement with the City. The Union will provide bulletin boards. The City agrees to allow the use of inter-departmental mail for distribution of union materials to Shop Stewards.
The location of the bulletin boards should be in common spaces where employees can access them. When disagreements arise regarding the location of the bulletin boards, the union will work with the city to find acceptable alternatives.
Article 63. EMPLOYEE TIME RECORDS
Employee time records, including but not limited to timecards, electronic punches, payroll entries, and any other record of hours worked, are legal payroll documents and shall accurately reflect all hours worked, meal periods, rest periods, overtime pay, and other compensable time.
Any changes, alterations, edits, deletions, reductions, or modifications to an employee’s time records shall require written notification (e.g., electronic mail, text, message, etc.) to the employee.
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Article 64. PREVAILING BENEFITS
All benefits, privileges, and working conditions enjoyed by the employees at the present time, which are not included in this agreement, shall remain in full force, unchanged and unaffected in any manner, during the term of this agreement unless changed by mutual consent.
Article 65. EXTENSION OF MOU
If a successor MOU is not negotiated by June 30, 2029, this MOU shall remain in force until a successor MOU is negotiated or the impasse process for a successor MOU has been concluded.
Article 66. SAVINGS CLAUSE
If any provision of this MOU, or the application of any provision, should be rendered invalid by court or legislative action, the remaining portions of this Agreement shall remain in full force and effect.
Article 67. ZIPPER CLAUSE
The parties agree that all negotiable items have been discussed during negotiations leading to this MOU, including salaries and benefits, and conditions of employment and therefore further agree that negotiations will not be reopened on any item during the life of this MOU except by mutual agreement or as provided elsewhere in this MOU.
Article 68. OBLIGATIONS TO MEET AND CONFER
Within 90 days after the approval of the MOU, the City and Teamsters will initiate the meet and confer process to address the following:
1. Modifications to Personnel Rules to address salary upon promotion
2. Implementation of “Use of Camera Policy”
3. Implementation of “Vehicle Heat Safety Policy”
Article 69. VEBA TRUST
During the term of this Agreement, the City shall consider Teamster’s proposal to establish a Teamsters’ sponsored Voluntary Employees Benefit Association (VEBA) Trust, with the understanding that any agreement is contingent upon the program being 100% funded by union members (Zero City Contributions) and that this program shall not cause the City to incur any costs or liability associated with this program. This article does not create any obligation on the part of the City to agree to the implementation of a VEBA Retiree Medical trust.
1. MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF REDLANDS
AND
TEAMSTERS LOCAL #1932
JULY 1, 2023 2026 - JUNE 30, 20262029
City of Redlands | Teamsters MOU 20232026-20296 2
Between
The City of Redlands
And
Teamsters Local #1932
July 1, 20232026– June 30, 20262029
TABLE OF CONTENTS
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING .......................................................................................... 5 ARTICLE 2. PREAMBLE .................................................................................................................................................. 5 ARTICLE 3. RECOGNITION ............................................................................................................................................. 5 ARTICLE 4. MANAGEMENT RIGHTS ............................................................................................................................... 5 ARTICLE 5. SALARIES ..................................................................................................................................................... 5 ARTICLE 6. RETIREMENT ............................................................................................................................................... 6 ARTICLE 7. LONGEVITY PAY ........................................................................................................................................... 7 ARTICLE 8. OVERTIME ................................................................................................................................................... 7 ARTICLE 9. CERTIFICATION PAY ................................................................................................................................... 87 ARTICLE 10. WATER HAZARD PAY – SEWER OVERFLOW/SANITARY SEWER EMERGENCY RESPONSE ................................ 8 ARTICLE 11. WORKING OUT OF CLASSIFICATION PAY .................................................................................................... 98 ARTICLE 12. SPECIAL ASSIGNMENT PAY .......................................................................................................................... 9 ARTICLE 13. CALL BACK PAY ............................................................................................................................................ 9 ARTICLE 14. STAND-BY PAY ......................................................................................................................................... 109 ARTICLE 15. SCHEDULED RECALL TO WORK ................................................................................................................... 10 ARTICLE 16. SHIFT DIFFERENTIAL .................................................................................................................................. 10 ARTICLE 17. UNIFORM ALLOWANCE ............................................................................................................................. 10 ARTICLE 18. RIDESHARING ............................................................................................................................................ 12 ARTICLE 19. TUITION REIMBURSEMENT ........................................................................................................................ 12 ARTICLE 20. BILINGUAL PAY ...................................................................................................................................... 1312 ARTICLE 21. DEATH OF EMPLOYEE ............................................................................................................................ 1312 ARTICLE 22. HEALTH INSURANCE .................................................................................................................................. 13 ARTICLE 23. DENTAL INSURANCE .................................................................................................................................. 14 ARTICLE 24. VISION CARE ............................................................................................................................................. 14 ARTICLE 25. LIFE INSURANCE ........................................................................................................................................ 14 ARTICLE 26. WORKERS’ COMPENSATION/SDI ................................................................................................................ 14 ARTICLE 27. VACATION ............................................................................................................................................. 1514 City of Redlands | Teamsters MOU 20232026-20296 3
ARTICLE 28. SICK LEAVE ................................................................................................................................................ 15 ARTICLE 29. BEREAVEMENT LEAVE............................................................................................................................ 1615 ARTICLE 30. LEAVE OF ABSENCE WITHOUT PAY ............................................................................................................. 16 ARTICLE 31. MILITARY LEAVE ........................................................................................................................................ 16 ARTICLE 32. HOLIDAYS .................................................................................................................................................. 16 ARTICLE 33. COMPENSATORY TIME OFF ........................................................................................................................ 17 ARTICLE 34. SHOP STEWARD RELEASE TIME .................................................................................................................. 17 ARTICLE 35. MEAL PERIODS ...................................................................................................................................... 1817 ARTICLE 36. REST PERIODS ........................................................................................................................................ 1817 ARTICLE 37. CATASTROPHIC LEAVE ............................................................................................................................... 18 ARTICLE 38. LEAVE TIME REPORTING ............................................................................................................................ 18 ARTICLE 39. COMMERCIAL DRIVER’S LICENSE................................................................................................................ 18 ARTICLE 40. EMPLOYMENT EXAMINATION PROCEDURES .......................................................................................... 1918 ARTICLE 41. PROBATION ........................................................................................................................................... 1918 ARTICLE 42. REVIEW/EVALUATION DATE ...................................................................................................................... 19 ARTICLE 43. PERFORMANCE EVALUATIONS ............................................................................................................... 2019 ARTICLE 44. WORKWEEK /STANDARD TOUR OF DUTY ............................................................................................... 2019 ARTICLE 45. SOLID WASTE ROUTE BIDDING .................................................................................................................. 20 ARTICLE 46. FLOATER PREMIUM PAY ............................................................................................................................ 20 ARTICLE 47. PROMOTIONAL POSITIONS ........................................................................................................................ 20 ARTICLE 48. NO STRIKE PROVISION ........................................................................................................................... 2120 ARTICLE 49. DIRECT DEPOSIT .................................................................................................................................... 2120 ARTICLE 50. PERSONNEL FILE .................................................................................................................................... 2120 ARTICLE 51. COPY OF MOU TO EACH EMPLOYEE ........................................................................................................... 21 ARTICLE 52. RULES, REGULATIONS AND RESOLUTIONS .................................................................................................. 21 ARTICLE 53. DISCIPLINARY PROCEDURE ........................................................................................................................ 21 ARTICLE 54. GRIEVANCE PROCEDURE ........................................................................................................................ 2726 ARTICLE 55. DEMOTION/NON-DISCIPLINARY ............................................................................................................ 3130 ARTICLE 56. LAYOFF PROCEDURE .............................................................................................................................. 3130 ARTICLE 57. MAINTENANCE OF MEMBERSHIP ........................................................................................................... 3332 ARTICLE 58. D.R.I.V.E. ............................................................................................................................................... 3332 ARTICLE 59. UNIT MODIFICATION ............................................................................................................................. 3332 ARTICLE 60. COMMUNICATIONS ................................................................................................................................... 33 ARTICLE 61. USE OF BULLETIN BOARDS ......................................................................................................................... 33 ARTICLE 62. EMPLOYEE TIME RECORDS ..................................................................................................................... 3433 ARTICLE 63. PREVAILING BENEFITS ........................................................................................................................... 3433 City of Redlands | Teamsters MOU 20232026-20296 4
ARTICLE 64. EXTENSION OF MOU .............................................................................................................................. 3433 ARTICLE 65. SAVINGS CLAUSE ................................................................................................................................... 3433 ARTICLE 66. ZIPPER CLAUSE .......................................................................................................................................... 34 ARTICLE 67. SIGNATURES .......................................................................................................................................... 3534 City of Redlands | Teamsters MOU 20232026-20296 5
Article 1. TERM OF MEMORANDUM OF UNDERSTANDING
Except where expressly stated otherwise herein, the City and the union agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2023 2026 and shall expire on June 30, 20262029.
Article 2. PREAMBLE
It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment with the Meyers-Milias-Brown Act (MMBA) between the City of Redlands (hereinafter referred to as “City”) and the General Employees Association represented by the Teamsters Local 1932 (hereinafter referred to as “Union”).
Article 3. RECOGNITION
A unit employee shall be defined as an employee of the City and assigned to the General Unit by the City Manager in accordance with City policies and procedures.
Article 4. MANAGEMENT RIGHTS
The authority of the City includes:
• The exclusive right to determine the mission of its constituent departments, commissions and boards;
• Set standards of service;
• Determine the procedures and standards of selection for employment and promotion; • Direct its employees;
• Take disciplinary action;
• Relieve its employees from duty because of lack of work or for other legitimate reasons; • Maintain the efficiency of work;
• Maintain the efficiency of governmental operations;
• Determine the methods, means and personnel by which government operations are to be conducted;
• Determine the content of job classifications;
• Take all necessary actions to carry out its mission in emergencies; • Exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over effects on matters within the scope of representation.
Article 5. SALARIES
Unit members shall receive the following salary increases:
a. Effective the first full pay period after July 124XX, 20232026 or the first full pay period after City Council approval of this MOU, whichever is later, all unit employees will receive a seven four percent (74%) increase to base salary. Any and all economic terms in this Agreement will be effective July XX 24X, 20232026.
City of Redlands | Teamsters MOU 20232026-20296 6
b. Effective the first full pay period following July 1, 20242027, all unit members will receive a two three percent (23%) increase to base salary.
c. Effective the first full pay period following July 1, 20252028, all unit members will receive a two three percent (23%) increase to base salary.
d. Effective the full first pay period after the City Council approval of this MOU, , the City will establish three (3) new steps (Step 5, 6, 7) at the top of the salary range for each classification.
The new steps shall be at two and a half percent (2.5%) higher than the preceding step. i. Advancement to the new Steps 5, 6, and 7 shall continue to occur upon an employee’s anniversary date.
Article 6. RETIREMENT
A. Classic Members
1. All “classic” unit members including those first employed on and after March 11, 2010, shall personally fund 100% of the 7% of compensation earnable as and for the individual member’s normal employee PERS contribution. (The term “classic” member is defined in the Public Employee’s Pension Reform Act of 2013-“PEPRA.”)
All “classic” member normal contributions required to be paid by the member, whether paid by the employer or the member, shall be credited to the member’s CalPERS account.
The City shall adopt the necessary resolution(s) so that individual member contributions made by the employee may be excluded from taxable income pursuant to Section 414(h)(2) of the United States Internal Revenue Code.
Whether as authorized by Government Code § 20692, 20636(c)(4) or any other statutory or legal basis, the City shall not report to CalPERS as any type of compensation, any portion of the normal employee PERS contributions required by PERS which are funded by the employee.
2. The City shall continue to include in this contract with CalPERS, the following provisions:
B. New Members
1. The Public Employee’s Pension Reform Act of 2013 – “PEPRA” (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of this MOU, as described below.
2. Unit employees who are “new members” as defined in the PEPRA, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said newly hired member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (Government Code section 7522.30)
HIGHEST SINGLE YEAR
SURVIVOR CONTINUANCE
2% @ 55 RETIREMENT FORMULA
City of Redlands | Teamsters MOU 20232026-20296 7
3. Unit employees who are “new members,” as defined in the PEPRA, on and after January 1, 2013, shall be enrolled in the retirement plan of 2%@62 (Government Code section 7522.20(a), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).)
Article 7. LONGEVITY PAY
A. Employees with fifteen (15) years continuous service with the City shall receive compensation in the amount of three percent (3%) of base salary, effective the beginning of the pay period closest to completion of their fifteenth (15th) year of service.advice to Step “5” on the salary schedule which shall be a minimum of three percent (3%) higher than Step “4,” effective with the beginning of the pay period closest to completion of their 15th year of service.
B. Employees with twenty (20) years continuous service with the City shall receive compensation of two percent (2%), effective the beginning of the pay period beginning closest to completion of their twentieth (20th) year of service.advance to Step “6” on the salary schedule which shall be a minimum of two percent (2%) higher than Step “5,” effective with the beginning of the pay period beginning closest to completion of their 20th year of service.
C. The 15- year longevity percentages shall be compounded with the 20- year longevity pay. Incentives and leave cash out shall be calculated based on the combination of base salary and longevity pay.
C. In the event that an employee is not at Step “4” when he/she is eligible for Step “5,” at the completion of fifteen (15) years of service, the employee will advance to the next step in the salary range, and continue to advance based on merit until the employee reaches Step “5.” D. In the event that an employee is not at Step “5” when he/she is eligible for Step “6,” at the completion of twenty (20) years of service, the employee will advance to the next step in the salary range, and continue to advance based on merit until the employee reaches Step “6.” Article 8. OVERTIME
A. Overtime pay shall be earned at time and one-half for all hours. The employee may elect to earn compensatory time off, at one and one-half time, in lieu of overtime pay. For shifts that exceed 12 hours, employees will be paid double time or earn compensatory time off at double time rate.
Overtime must be paid at the time it is worked or accrued as compensatory time. Accrued compensatory time will not be paid off in lump sum except at termination and only for those hours on the official payroll records.
B. Paid leave time -- which encompasses vacation, sick, floating holiday, and compensatory time -- shall not be considered hours worked for the computation of overtime. Paid holiday time and jury duty shall be considered hours worked for the computation of overtime.
C. Any employee who works overtime in excess of three and one-half (3½) hours, provided that employee has worked eight (8) hours in addition to the three and one-half (3½) hours, will be entitled to have a meal at the expense of the City or be entitled to be reimbursed for a meal, either during the incident for which the employee is working overtime for or at discharge from the incident. The cost City of Redlands | Teamsters MOU 20232026-20296 8
of the reimbursement shall not exceed the US General Services Administration’s guidelines for “Dinner” in San Bernardino County for the date of the incident.
Article 9. CERTIFICATION PAY
Employees in the classifications of Water Distribution Operator and Water Distribution Crew Leader who obtain State issued water distribution certificates above and beyond the minimum requirements as set forth in their respective job description shall be eligible for an additional three percent (3%) of base salary for each additional certificate.
Article 10. WATER HAZARD PAY – SEWER OVERFLOW/SANITARY SEWER
EMERGENCY RESPONSE
Purpose - The purpose of this article is to recognize the elevated health, and safety and environmental risks associated with responding to sewer overflows, sanitary sewer system failures, and related emergency events, and to provide appropriate compensation to employees required to perform such dutiess.
Definition of Sewer Overflow Emergency - A Sewer Overflow Emergency is defined as any event involving the uncontrolled discharge, backup, or release of untreated or partially treated sewage, wastewater, or industrial waste, including but not limited to:
a. Sanitary sewer overflows (SSOs)
b. Sewer main breaks or collapses
c. Private lateral overflow
d. Raw sewage backups into streets, waterways, storm drains, buildings, or private property a.e.Confined space sewer entries related to overflow response f. Any emergency declared by the City related to wastewater system failure Eligibility for Hazard Pay - Employees shall be eligible for hazard pay when they are directed or required to perform any of the following during a Sewer Overflow Emergency:
a. Contact with raw or partially treated sewage
b. Entry into contaminated areas, including flooded streets, easements, channels, or structures c. Sewer line clearing, jetting, bypass pumping, vacuuming, or cleanup operations d. Handling, transporting, or disposing of contaminated materials e. Confined space entry associated with sewer overflow mitigation f. Traffic control, barricading, or public safety duties within contaminated zones Hazard Pay Rate -– Effective the first full pay period after City Council approval of this MOU, eEEligible employees shall receive hazard pay equal to an additional 5% of their base hourly rate or a minimum of $3 per hour, whichever is greater, for all hours worked during a Sewer Overflow Emergency response. Hazard pay shall be paid in addition to any applicable:
a. Overtime
b. Call-back pay
c. Standby pay
a.d. Shift differentials
e. Premiums provided elsewhere in this MOU
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Minimum Pay Guarantee - Employees assigned to a Sewer Overflow Emergency shall receive hazard pay for a minimum of four (4) hours, regardless of the actual time spent responding.
Article 10.Article 11. WORKING OUT OF CLASSIFICATION PAY Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed, said employee shall be entitled to receive out of classification pay for the period of time that the employee works out of classification.
Employees approved to work out of class shall be placed at Step 0 of the classification in which they are working. If Step 0 does not provide a 5% increase, the employee will be placed at the step on the range that provides a 5% increase. Placement will not exceed Step 4 of the range.
A. In order to receive out of classification pay the following provisions must occur:
1. A vacancy or absence must exist for out of classification pay to be paid.
2. The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation.
3. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay.
4. The employee shall have completed five (5) consecutive full work days in the higher classification and shall then be eligible for out of classification pay commencing with the sixth (6th) consecutive day working out of classification and continuing for all consecutive days worked thereafter B. Working out of classification pay will only be authorized upon recommendation to and approved by the Director of Human Resources and Risk Management, by the Department Head and will require a Personnel Action Form with supporting documentation justifying assignment.
Article 11.Article 12. SPECIAL ASSIGNMENT PAY
Employees performing in a capacity beyond the normal scope of their duties, and with increased and direct responsibility and personal liability for City operations shall be eligible for Special Assignment Pay.
Special Assignment Pay shall be at a flat rate not to exceed ten percent (10%) of base salary. Special Assignment Pay will only be authorized upon Department Head recommendation, Human Resources Director concurrence and City Manager approval.
Article 12.Article 13. CALL BACK PAY
A. An employee will be eligible for Call Back Pay when an employee is called in to work outside of their scheduled shift. Call back time will be reimbursed based on a minimum two (2) hour block at time and one-half, with the exception that employees will be reimbursed based on a minimum three-hour block at time and one-half if the call back is between the hours of 12:00 a.m. and 7:00 a.m.
B. When an employee has worked at least two (2) hours during the eight (8) hours prior to the commencement of his/her regular work schedule, the employee shall report to duty at the regular scheduled shift immediately commencing ten (10) hours after the end of the callback assignment.
When an employee has worked (4) continuous hours within eight (8) hours prior to his/her regular start time, he/she shall get the next day off and shall be compensated at the regular rate of pay for the time off
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C. Where the working of call back time results in the employee starting his/her regularly scheduled shift after the regularly scheduled shift commences, the missed hours of work shall not be deducted from the employee’s hours worked total for the weekly work period.
Article 13.Article 14. STAND-BY PAY
A. Employees in the General Employees unit of representation assigned to standby duty shall receive one (1) hour of pay at straight time for standby duty on a week day and four (4) hours of straight time pay for standby duty on a regularly scheduled day off, weekend day or holiday.
B. In order to qualify for standby pay employees must:
1. Be available via a city issued device;
2. Be able to report to the worksite within thirty (30) minutes; and,
3. Not consume alcoholic beverages or any other debilitating drug while on standby.
Any employee who is unable to respond within thirty (30) minutes may be eliminated from the standby rotation.
Article 14.Article 15. SCHEDULED RECALL TO WORK
The City agrees that when employees of the Municipal Utilities and Engineering Department are recalled or scheduled to return to work for water system installation or a maintenance project between the hours of 12 midnight and 4:00 a.m., said employees shall receive time and one-half for all hours worked.
Employees performing in this capacity shall automatically report to duty on their regularly scheduled shift immediately after a ten (10) hour rest period has occurred from the ending time of the scheduled or recall work assignment.
Article 15.Article 16. SHIFT DIFFERENTIAL
The City agrees to provide a five-percent (5%) shift differential to those employees who work one-half of their regularly scheduled shifts after 7:00 p.m., not to include overtime, special assignments, emergency hours, etc. worked after 7:00 p.m. The shift differential shall apply to the full regularly scheduled shift.
Article 16.Article 17. UNIFORM ALLOWANCE
A. Uniformed employees shall in lieu of the uniform allowance, be provided uniform rental and laundering services at City expense (valued at $125 per year). Upon termination of employment, employees whose uniforms were provided to them will be required to return the uniforms to the City.
It is a requirement that employees wear the designated uniform and appropriate footwear to work daily. Classifications covered by this provision are:
Asphalt Worker Solid Waste Truck Driver
Building Maintenance Worker Sr. Asphalt Worker
Cemetery Caretaker II Sr. Building Maintenance Worker
Cemetery Crew Leader Sr. Customer Service Field Technician Cross Connection Control Inspector Sr. Equipment Operator Customer Service Field Technician Sr. Grounds Maintenance Worker I/II City of Redlands | Teamsters MOU 20232026-20296 11
Electrical and Instrumentation Apprentice Sr. Grove Maintenance Worker Electrical and Instrumentation Technician Sr. Street Maintenance Worker I/II Electrician Sr. Water Quality Technician
Equipment Mechanic I/II Tree Trimmer I/II
Equipment Operator OIT/I/II Utilities Maintenance Foreperson Fire Mechanic Wastewater Collection Systems Worker I/II/III Fleet Parts Technician Wastewater Facilities Operator I/II/III/IV/ Grounds Maintenance Worker I/II Water Distribution Crew Leader Grover Maintenance Worker Water Distribution Operator
Laboratory Analyst I/II/III/IV Water Meter Reader I/II
Maintenance Worker I/II Water Quality Technician I/II
Plant Mechanic I/II Water Treatment Operator I/II/III/IV/V Sign & Paint Worker Welder
B. The following employees shall in lieu of the clothing allowance be provided five (5) Polo Shirts/T Shirts twice a year, in January and July:
Building Inspector I/II (Polo) Program Specialist (T-shirt) Code Enforcement Officer I/II (Polo) Sr. Building Inspector (Polo) Program Aid (T-Shirt) Sr. Code Enforcement Supervisor Officer (Polo) C. Non-uniformed employees in this unit on payroll as of June 1 of each year and at the time the check is issued shall receive an annual three hundred dollars ($300.00) bonus in lieu of the uniform allowance, payable in July of each year. This bonus will not be reported to PERS as compensation.
D. Classifications listed below on payroll as of June 1 of each year and at the time the check is issued shall receive an annual $300.00 for required boot/footwear, payable in July of each year.
Asphalt Worker Sr. Asphalt Worker
Building Inspector I/II Sr. Building Inspector
Building Maintenance Worker Sr. Building Maintenance Worker Cemetery Caretaker II Sr. Code Enforcement Officer
Cemetery Crew Leader Sr. Construction Inspector
Cemetery Sales and Service Representative Sr. Customer Service Field Technician Code Enforcement Officer I/II Sr. Equipment Operator
Construction Inspector Sr. Grounds Maintenance Worker I/II Cross Connection Control Inspector Sr. Grove Maintenance Worker Customer Service Field Technician Sr. Street Maintenance Worker I/II Electrical and Instrumentation Apprentice Sr. Water Quality Technician Electrical and Instrumentation Technician Tree Trimmer I/II Electrician Utilities Maintenance Foreperson
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Equipment Mechanic I/II Wastewater Collections System Supervisor Equipment Operator OIT/I/II Wastewater Collection Systems Worker I/II/III Fire Mechanic Wastewater Facilities Operator I/II/III/IV/V Grounds Maintenance Worker I/II Wastewater Supervisor
Grove Maintenance Worker Water Distribution Crew Leader Laboratory Analyst I/II/III/IV Water Distribution Operator Maintenance Worker I/II Water Distribution Supervisor
NPDES Inspector I/II Water Meter Reader I/II
Plant Mechanic I/II Water Production Maintenance Supervisor Regulatory Compliance Officer Water Production Operations Supervisor Sign & Paint Worker Water Quality Technician I/II
Solid Waste Route Coordinator Water Treatment Operator I/II/III/IV/V Code Enforcement Officer I/II Welder
E. Employees new to a classification listed in Section D shall receive one half (1/2) of the annual footwear allowance, to be followed on June 1st of their first year with the second half of the footwear allowance.
F. The parties recognize that their best efforts have been made to list the appropriate job classifications and uniform entitlement. In the event there is a change to job duties or an error has been made and a classification has been misidentified, that classification will be added to the above appropriate category. If new classifications are added during the term of this MOU (2023-2026), the City and the unit will meet and confer on eligibility of the newly added classification.
Article 17.Article 18. RIDESHARING
A. All employees are eligible for participation in the City’s ridesharing program. Participation in the program is voluntary and shall be in full compliance of Redlands Ridesharing Program Policy.
Approved participants shall receive fifteen (15) minutes of accrued rideshare time for each rideshare day. Ridesharing shall be reported on individual employee timesheets.
B. The program shall be monitored by the Program Coordinator. Participants in violation of the Ridesharing Policy, including falsification of reporting, shall be permanently dismissed from the program and subject to disciplinary action.
Article 18.Article 19. TUITION REIMBURSEMENT
A. Each Unit employee shall be entitled to tuition reimbursement for courses and books while attending an accredited school of higher learning. The course must be pre-approved by the employee’s department head and Human Resources.
B. Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California, Riverside. An employee shall not receive reimbursement in excess of two thousand Dollars ($2,000) in any one fiscal year. The difference between the City’s maximum obligation during any fiscal year and the amount of any actual reimbursement received by the employee during that fiscal year shall not be carried over or be available to use by the employee in any subsequent fiscal year.
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C. The course must be satisfactorily completed with a minimum grade of “C” or equivalent.
D. Upon the approval of the department head and Human Resources, a Unit employee may use up to two hundred-fifty ($250) per year of their Tuition Reimbursement for attendance at a seminar or conference for the purpose of professional development.
Article 19.Article 20. BILINGUAL PAY
Employees are eligible for bilingual pay in accordance with the City’s Bilingual Pay Program, and upon approval by the Department Head and Human Resources/Risk Management Director. Authorized employees shall receive additional compensation in the amount of one hundred dollars ($100) per month.
Effective the first full pay period after the City Council approval of this MOU, Authorized employees shall receive additional compensation in the amount of seventy- five dollars ($75) per pay period.
Article 20.Article 21. DEATH OF EMPLOYEE
A. The eligible dependents of deceased employees shall be entitled to benefits as follows:
B. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.
C. In the event the deceased employee qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.
Article 21.Article 22. HEALTH INSURANCE
A. The City shall contribute directly to CalPERS on behalf of each employee three hundred and ninetyseven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City’s cafeteria plan that is equal to the difference between the City’s minimum PEMHCA contribution and the following amounts:
B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical plan premiums, flexible spending account, and post-employment health plan.
C. The City agrees to provide a stipend of three hundred and fifty dollars ($350), on a monthly basis, for those employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit.
D. RETIREE INSURANCE BENEFITS.
COVERAGE LEVEL
TOTAL CITY CONTRIBUTION
UPON APPROVAL AND
ADOPTION OF AGREEMENT
EFFECTIVE
JANUARY 1, 20274
EFFECTIVE
JANUARY 1, 20285
Employee Only: $900750 $950775 $1,000800
Employee Plus One Dependent: $1,700500 $1,8001,550 $1,900$1,600 Employee plus Two or more
Dependents:
$12,200950 $2,300$2,025 $2,400$2,100
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1. For all unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.
2. Upon service retirement and completion of twenty (20) cumulative years of service with the City an employee hired prior to March 11, 2010, who qualifies as an annuitant under PEMHCA, may elect to receive as City contributions to a retiree health savings account the difference between the PEMHCA minimum and the cost of fully paid medical insurance (excludes vision coverage) for the employee and eligible dependents, under the City’s medical insurance program. Employees hired on or after March 11, 2010 are not eligible for this benefit.
3. Unit members with ten (10) years of continuous employment with the City who concurrently retire from the City and the CalPERS system and who qualify as an annuitant under PEMHCA may elect to receive the “Medical Bridge.” Under the “Medical Bridge,” the City will contribute the difference between the PEMCHA minimum and the cost of single party coverage for the retired unit member only for the lowest cost medical and dental insurance plans as provided by the City to its then existing unit members until the member reaches the age of Medicare eligibility at which time the benefit will cease and unit members will only receive the PEMHCA minimum contribution. Unit members who receive the medical bridge can select higher cost plans offered by the City to its then existing members and/or coverage for dependents, however, the additional cost for the plan or additional dependents shall be paid for by the Unit member and not by the City.
Article 22.Article 23. DENTAL INSURANCE
The City agrees to pay the full monthly premium for dental insurance under the Principal Financial dental plan or its equivalent for each employee in the unit and all eligible dependents.
Article 23.Article 24. VISION CARE
The City agrees to reimburse each employee in the unit up to three hundredfour hundred dollars ($4300) every fiscal year for the purchase of frames and lenses or contact lenses and the cost of eye examinations for the employee and/or his/her dependent or the reimbursement of a 3rd party vision insurance premium, with documentation of paid premiums to be submitted once a year.
Article 24.Article 25. LIFE INSURANCE
The City shall contribute the monthly premium for term life insurance in the amount of twenty-five thousand dollars ($25,000) for all employees in the unit.
Article 25.Article 26. WORKERS’ COMPENSATION/SDI
A. The City agrees to provide City paid State Disability Insurance coverage to all employees in the unit.
B. Sick leave or compensatory time may be used to supplement a Workers’ Compensation or State Disability Insurance check, not to exceed the employee’s regular rate of pay. Prior to use of accrued sick leave or compensatory time for this purpose, the State Disability Insurance check stub must be submitted to Payroll.
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Article 26.Article 27. VACATION
A. The vacation accrual for employees in the unit shall be as follows:
YEARS/MONTHS OF SERVICE ACCRUAL RATE – HOURS
0 – 5 (0-59 months) 80
6 – 7 (60-83) 120
8 – 10 (84-119) 140
11 – 14 (120-167) 160
15+ (168+) 200
B. The maximum vacation accrual shall be three (3) years. In November of each calendar year all vacation hours in excess of three (3) years accrual will be paid off at the employee’s current hourly rate.
Article 27.Article 28. SICK LEAVE
A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.
B. USE: Employees may use up to half of their annual sick leave accrual, forty-eight (48) hours, to care for ill family members.
C. BUY BACK: In November of each calendar year, each employee in the unit may elect to be paid at his/her current hourly rate for each sick leave day accumulated during the following calendar year in excess of six (6) sick leave days in November of the following year. A total of one (1) year’s accumulation, ninety-six (96) hours, must be on the books prior to any compensation being paid. This election is irrevocable and may not be changed after the election is made. Employees in the unit may also choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount.
D. AT SEPARATION OF SERVICE: Upon voluntary separation of service or layoff with the City, employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula:
YEARS OF SERVICE PERCENT
10 – 15 25 %
16 – 20 35 %
21+ 50 %
In the event of separation due to layoff for an employee with less than 10 years of service, the employee will be eligible for 25% of unused sick leave
Employees electing this option shall be responsible for any and all future medical insurance premiums.
E. UPON SERVICE RETIREMENT: In lieu of the benefit D and upon service retirement under the PERS retirement plan, employees in the unit may elect to have all remaining sick leave accrued at the time of retirement converted to cash value at their final rate of pay and deposited in the Post Employment Health Plan (PEHP) where it can be used for applicable premiums payable under the City’s medical insurance program for the employee and the employee’s eligible dependents. In the event that the City of Redlands | Teamsters MOU 20232026-20296 16
employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the PEHP.
F. CONVERSION TO SERVICE CREDIT: In lieu of benefits D and E cited above, employees in the unit may elect to have all remaining sick leave accrued at the time of service retirement converted to PERS service credit.
Article 28.Article 29. BEREAVEMENT LEAVE
In the event of a death in the immediate family, an eligible employee will be compensated with four (4) days paid leave. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse or registered domestic partner: spouse, register domestic partner, child (including foster child or ward of the court), parent, grandparent, brother, sister, niece, nephew, step-children, and grandchildren. The definition of immediate family will also include the aunt and uncle of the employee only. Bereavement leave may also be used for the significant other of the employee provided the employee shows proof of cohabitation.
It is understood that Bereavement Leave is not just to allow employees to attend funeral services, but to allow employees to morn and process the passing of a family member or help a spouse to do so.
If requested by the employee, Bereavement Leave may be split into two (2) blocks of time that, when combined, shall not exceed the seven (7) days specified above. Bereavement leave must be completed within three (3) months of the death of the family member.
Article 29.Article 30. LEAVE OF ABSENCE WITHOUT PAY
If an employee takes more than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereafter during the calendar year, sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.
Article 30.Article 31. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. The department head may request copies of the employee’s official military orders.
Article 31.Article 32. HOLIDAYS
A. The holidays which will be honored for employees in the unit will include the following, along with any additional day as designated by action of the City Council:
HOLIDAY DAY OBSERVED
New Year’s Day January 1
Martin Luther King Day Third Monday in January
President’s Day Third Monday in February
Cesar ChavezFarm Workers Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
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Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day Friday after Thanksgiving Day Christmas Eve December 24
Christmas Day December 25
B. If the holiday falls on Saturday, Friday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.
C. If a scheduled holiday falls on an employee’s regular day off, the employee shall be given the option of being compensated or banking the time as Compensatory Time Off for one day of holiday compensation at straight time. Employees should not be scheduled to work both the designated holiday and the actual holiday. Employees on a 9/80 work schedule will be paid eight (8) hours of holiday pay if the holiday lands on a closed Friday.
D. Holiday pay shall be compensated in accordance with the employee’s standard work schedule.
E. Employees in the unit are also entitled to receive:
1. Two (2) Floating Holidays per calendar year
2. Twenty (20) Hours of Additional Floating Holidays per calendar year F. Employees in the unit shall not be allowed to carry floating holidays over from one calendar year to the next. Holidays not taken by December 31st of any given year will be forfeited.
G. The A.K. Smiley Public Library will be closed on the Saturday following Thanksgiving Day.
Article 32.Article 33. COMPENSATORY TIME OFF
Compensatory Time Off (CTO) shall accrue at the rate of one and one-half (1-1/2) hours for each overtime hour worked in accordance with the Fair Labor Standards Act. CTO shall not accumulate in excess of two hundred (200) hours at any given time. Use of compensatory time-off earned shall be granted so that it does not unduly disrupt the operations of the City. Terminating employees shall be compensated for accrued compensatory hours.
Article 33.Article 34. SHOP STEWARD RELEASE TIME
The Union may designate up to eight (8) Shop Stewards, three (3) Deputy Chief Stewards, and one (1) Chief Steward to attend Union meetings/business on City time. • Eight Shop Stewards shall be granted up to two (2) hours per month. • Three Deputy Chief Stewards shall be granted up to five (5) hours per month. • The Chief Steward shall be granted up to thirteen (13) hours per month. This time shall be in addition to meetings or tasks assigned by the City Manager, Human Resources or City Council members.
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Release Time must be scheduled in advance and the supervisor must be notified. The Human Resources Director may approve additional time off for shop stewards as well. A listing of all Shop Stewards, along with their designations, shall be provided to Human Resources upon request of the Business Agent or at a minimum of once a year.
Article 35. UNION RELEASE TIME
The City shall provide a total not to exceed 250 hours per year of paid release time from duty for conduct of any Union activities as determined in the sole discretion of the Union. A Union member’s time in labor negotiations with the City shall not be included in the 250-hour allocation. The Union shall provide notification of its intent to utilize release time to the Human Resources Director at least seven (7) days prior to the requested usage. Usage of release time is subject to requires advance approval by the Human Resources Director and is subject to operational needsal requirements. Approval for release time shall not be unreasonably denied.
Article 34.Article 36. MEAL PERIODS
Employees shall be entitled to a meal period which shall not be less than thirty (30) minutes or greater than sixty (60) minutes. Every effort will be made to schedule the meal period during the middle of a shift, when possible.
Article 35.Article 37. REST PERIODS
A. The City agrees to the following: Employees shall be entitled to two (2) daily rest periods ten (10) to fifteen (15) minutes in duration which insofar as practical shall be in the middle of each work period.
The rest periods shall be considered as time worked. Employees required to work beyond their regular tour of duty shall be granted a ten (10) minute rest period for each two (2) hours of work.
B. The Union understands and agrees to the following. With regard to break periods, the following scenarios should not occur:
1. Combining two daily breaks into one 20-30 minute break.
2. “Banking” breaks from day to day.
3. “Saving” break time in order to extend lunch periods or shorten the workday.
4. Payment of compensatory time off or overtime for “unused” breaks.
Article 36.Article 38. CATASTROPHIC LEAVE
Employees are eligible for catastrophic leave in accordance with the City’s Catastrophic Leave Policy.
Article 37.Article 39. LEAVE TIME REPORTING
Leave time may be used and reported in increments of fifteen (15) minutes.
Article 38.Article 40. COMMERCIAL DRIVER’S LICENSE
The City will pay for the required physical examination for employees required by their job classification to maintain Class A or Class B driver’s licenses. Time spent participating in the required physical examination will be considered as time worked. In addition, the City will provide reimbursement up to City of Redlands | Teamsters MOU 20232026-20296 19
$2,000 for fees associated with obtaining the initial commercial driver’s license. This reimbursement will be provided upon submission of receipts and proof of successfully obtaining the commercial license.
Employees within the following classifications will have 9 months from their hire date to obtain the required CDL.
Classifications which require obtaining a CDL prior
to the end of probation.
Equipment Operator OIT I
Plant Mechanic I
Tree Trimmer I
Water Distribution Operator
Wastewater Collection System Worker I
Maintenance Worker
The City shall reimburse employees, with a job classification which requires a Hazardous Materials endorsement, up to $100 to offset the costs associated with maintaining that particular endorsement.
Article 39.Article 41. EMPLOYMENT EXAMINATION PROCEDURES The examination procedure for all City jobs will be as established by the City and Union.
Article 40.Article 42. PROBATION
A. Employees new to the unit shall serve a probationary period of twelve (12) months.
B. Employees who are promoted shall serve a probationary period of six (6) months. Existing employees who are placed in a new position which requires a probationary period shall also serve a probationary period of six (6) months. A promotional probationary employee who is subject to discipline as defined by City rules and regulations, shall retain the right to challenge the action in the same manner as a non-promotional employee who has successfully completed the probationary testing period.
Promoted employees who fail the probationary period for non-disciplinary reasons (e.g., performance, etc.) shall have a limited right to revert to their former position if that position is vacant.
In the event that the position previously held by a promoted employee who fails the probationary period for non-disciplinary reasons is not vacant, the City may, at its sole discretion, offer that employee a position similar to the position that the employee previously held, so long as the employee meets the minimum qualifications for that similar position. In the event that a recently promoted probationary employee is released from city employment for non-disciplinary reasons, their name shall be placed on an appropriate reemployment list for the position they held immediately prior to their promotion. Such names shall remain thereon for a period of six months unless such persons are sooner reemployed.
C. Probationary periods may be extended as set forth in the City’s Personnel Rules and Regulations.
Article 41.Article 43. REVIEW/EVALUATION DATE
For those employees hired after July 1, 1990, the “review/evaluation date” shall be the day of the month in which the employee completes the probationary period. When an employee receives a promotion, after July 1, 1990, the new review/evaluation date shall be the day of the month in which the employee completes the probationary period in the new classification. When a salary increase is granted, it shall City of Redlands | Teamsters MOU 20232026-20296 20
be effective on the beginning of the pay period falling closest to the day of the month the employee was hired or promoted.
Article 42.Article 44. PERFORMANCE EVALUATIONS
In cases where a performance evaluation has not been received by an employee within 30 days of the eligibility date, the employee should contact the supervisor, who must complete and file the evaluation within ten (10) working days. If the employee has not received a fully completed performance evaluation within 30 days after the date the supervisor was notified, the evaluation shall be considered to have met all the necessary criteria to warrant any merit (step) increase that may be forth coming. Said merit (step) increase shall be paid retroactively to the original eligibility date.
Article 43.Article 45. WORKWEEK /STANDARD TOUR OF DUTY
The standard tour of duty represents the time that an employee is regularly scheduled to work. The department head shall establish the actual number of hours which comprise the standard tour of duty for each position. Any proposed change shall be communicated to the employees and the union at least two (2) weeks prior to the proposed change being implemented unless mutually agreed upon between the employee and supervisor. If requested by the union, the parties shall expeditiously meet and confer regarding such change. A 75% majority of members in a department may propose a plan for a change in their scheduled tour of duty to their Department head, through their direct supervisor, for review. Human Resources and the Department Head shall provide a written response to the proposal, if the proposal is denied the union shall have no recourse to the grievance procedure. If the proposal is accepted that in no way implies a past practice by the City. This language is in no way intended to take away or change any provision within the Managements Rights clause within the MOU.
Article 44.Article 46. SOLID WASTE ROUTE BIDDING
The City agrees to adhere to the Solid Waste Route Bidding process, based on seniority, as established as part of the Solid Waste Department’s operating procedures.
Article 45.Article 47. FLOATER PREMIUM PAY
Solid Waste Truck Drivers who bid and work a floater route shall receive $2.00/hour in addition to their base salary for every hour worked as a floater. To qualify for Floater Premium Pay, an employee must be a full-time Solid Waste Truck Driver with a minimum of 5 years in the classification with the City of Redlands and had not received any discipline above a written reprimand within the past 12 months.
Article 46.Article 48. PROMOTIONAL POSITIONS
A. The City may seek only promotional candidates to fill available positions. In this case, distribution of job announcements shall be limited to internal sources. Promotional candidates shall follow the procedures identified in the City’s Personnel Rules and Regulations. Employees appointed to promotional positions shall complete a probationary period in accordance with the City’s Personnel Rules and Regulations.
B. Employees appointed to a promotional position shall receive the nearest highest monthly salary which is at least five percent (5%) higher than the employee’s previous base salary, but in no case more than the top step of the new salary range.
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Article 47.Article 49. NO STRIKE PROVISION
It is understood and agreed that the service performed by City employees included in this MOU are essential to the public’s health, safety, and welfare. Therefore, the Union agrees that it will not authorize, instigate, aid, condone, or engage in any strike, work stoppage, or other action of the City. In the event of a violation of this section, the Union agrees to take affirmative steps with the employees concerned to bring about an immediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiations regarding the difference or dispute during the existence of such violation or before normal work has been resumed. The City reserves the right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.
Article 48.Article 50. DIRECT DEPOSIT
Direct deposit of employee paychecks will be available to employees in this unit.
Article 49.Article 51. PERSONNEL FILE
A. No material which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in an employee’s personnel file unless the employee has been allowed to read such material and respond to it, in writing, which response will also be placed in the personnel file.
B. Any employee, upon request, shall have access to his/her personnel file, and shall have the right of reproduction, at cost, of his/her personnel file in full or in part. No portion of an employee’s personnel file shall be transmitted to anyone other than the City Manager, Human Resources, Department Head, Risk Management Administrators, or by Court subpoena. The employee is to be notified at the time of the request that the information has been transmitted and to whom it was sent.
C. Once per year, in August, upon written request by the employee to Human Resources, the employee may request to have documented written reprimands, with the exception of expressed violence, harassment, or last chance agreements, issued more than twenty four (24) months prior to the request, removed, provided that no ensuing discipline occurred. Upon removal, the written reprimands shall not be used or referenced in any future disciplinary proceeding. The decision to remove the documents lies with Human Resources and that decision is final. The employee shall have no right to appeal or grieve the decision. In the event the request is denied, the reason for the denial shall be communicated via email to the employee.
Article 50.Article 52. COPY OF MOU TO EACH EMPLOYEE
The City will provide each employee in the unit with access to this MOU within sixty (60) days of execution.
Article 51.Article 53. RULES, REGULATIONS AND RESOLUTIONS The City agrees to review annually with the Union major changes in the Personnel Rules and Regulations and to make available copies of the rules and regulations to all employees. Salary resolutions shall be furnished to the Union and the Chief Steward of the Chapter.
Article 52.Article 54. DISCIPLINARY PROCEDURE
A. The Investigatory Interview Process
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Prior to any investigatory interview or consultation that could reasonably be construed to result in disciplinary action against the employee, the employee shall be given notice of the interview or consultation as soon as reasonably practical, and shall be advised of his or her right to representation under this section; and upon request shall be afforded an opportunity to contact and consult privately with a representative of the Union. If requested, the employee may have a Union representative present during any such investigatory interview or consultation, and, to the extent practicable, such interviews or consultations shall be conducted during an employee’s working hours. Only those persons reasonably necessary to the conduct of the interview shall be present.
The employee or the City may elect to record any such investigatory interview or consultation, unless the parties mutually agree not to record such interview or consultation; however, in the event the City elects to record such an interview or consultation, it shall upon request provide the employee with a copy of said recording. The cost of providing anything other than a digital copy of the recording to the employee shall be borne by the employee.
B. Disciplinary Procedures
No non-probationary employee shall be disciplined without cause. A promotional probationary employee who is subject to discipline as defined by City rules and regulations, shall retain the right to challenge the action in the same manner as a non-promotional employee who has successfully completed the probationary testing period. Rejection from a probationary promotional position for non-disciplinary reasons is not subject to appeal or any other challenge. Disciplinary action shall be defined to include: oral warnings, written reprimands, suspensions, demotions (non-probationary), reduction in pay and discharge. Oral and written reprimands may be initiated at the supervisor/Division Manager level. Disciplinary action more serious than a written reprimand must be initiated at the Department Head level.
1. Notice of Proposed Action
Whenever an employee is to be discharged, suspended ,demoted (non-probationary), or reduced in step, for disciplinary purposes, written notice of at least five(5)1 days of the proposed disciplinary action shall be given before such action is to be taken and must include:
a. Notice of proposed action;
b. Reasons for proposed action;
a. A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based; and
b. A notice to the employee of the right to respond in writing or orally within the five (5) day period.
2. Limitations and Exceptions
a. Oral notice is insufficient as full notice to an employee and may be given only as the initial notice in extraordinary circumstances which call for immediate action. 1 Unless specifically noted to be "working days," any reference to days is calendar days.
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b. Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved. c. Employees may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, or to avert serious disruption of governmental business. The appointing authority may schedule an employee for vacation or holiday leave as the circumstances may warrant. Extraordinary circumstances include but are not limited to situations involving misappropriation of public funds or property; working while under the influence of alcohol or intoxicating drugs; open insubordination; commission of a crime involving moral turpitude punishable by imprisonment for six (6) months or more; and disruption of City business through willful misconduct (altercations, etc.) d. Oral notice is insufficient as full notice for proposed disciplinary action. In extraordinary circumstances when immediate suspension, demotion, removal, or reduction in step is warranted, initial notice may be given orally. The employee should be told when the initial action is taken what the reasons for the actions are and, in addition, the employee will have an opportunity to respond in writing and/or orally to those charges. The written charges in the case of an immediate disciplinary action must be prepared as soon as possible and normally within a day or two (2) of the initial oral notice.
3. Employee's Response to Proposed Discipline
a. An employee receiving a Notice of Proposed action shall have the right to respond to the a Department Head from a different Department. An employee’s opportunity to respond to the Department Head is not intended to be an adversarial hearing. An employee has the right to have a representative of his/her own choosing at the meeting. The employee shall not be accorded the opportunity to cross-examine a department’s witnesses, nor to present a formal case in opposition to the proposed discipline. However, the limited nature of this response does not obviate the Department Head’s responsibility to initiate further investigation if the employee’s version of the facts raises doubts as to the accuracy of the Department Head’s information leading to the discipline proposal. An employee may elect not to respond, thereby waiving any further pre-disciplinary response.
b. The Department Head from a different Department will evaluate the proposed discipline in light of the employee’s response, if any. Within ten (10) days of the employee’s response, or deadline for response, a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail.
4. City Manager Level Appeal
a. Any permanent employee shall have the right to appeal any termination, suspension, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to those positions which may be deemed exempt or to probationary employees. The appeal process shall not be applicable to verbal and written reprimands, probationary demotions, performance evaluations and denial of performance increases. An employee desiring to appeal the Department Head’s decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the City Manager City of Redlands | Teamsters MOU 20232026-20296 24
and received in the City Manager’s office so that same is date stamped by the City Manager’s office within the ten (10) day period.
b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal meeting shall be scheduled.
c. The meeting with the City Manager shall be conducted in the same manner as the Response to Proposed Discipline set forth in paragraph 2(B) above. d. The City Manager will evaluate the discipline in light of the employee’s response, if any. Within ten (10) days of the employee’s response a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail.
5. Advisory Arbitration
a. An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager’s office within the ten (10) day period. b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal hearing shall be established as follows:
i. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee.
Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer. ii. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. iii. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public. iv. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
v. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on City of Redlands | Teamsters MOU 20232026-20296 25
which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence. vi. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under crossexamination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. vii. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
i. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after City of Redlands | Teamsters MOU 20232026-20296 26
conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. ii. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the City Manager.
iii. The hearing officer’s opinion and recommendation shall be filed with the City Council, with a copy sent to the charged employee, and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer’s recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action. iv. Within sixty (60) days of the receipt of the hearing officer’s findings, recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendation(s), shall be filed where appropriate, including the employee’s personnel file, unless no discipline is upheld by the City Council.
v. Each party shall equally bear the cost and fees of the hearing officer, the cost of facilities, the court reporter and transcripts. Each party shall bear its own witness and attorney fees.
If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in a hearing officer fee.
vi. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Council, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Council, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.
vii. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.
City of Redlands | Teamsters MOU 20232026-20296 27
Article 53.Article 55. GRIEVANCE PROCEDURE
A. Definition
A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, provisions of the Personnel Rules and Regulations, and/or written City Policy. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Disciplinary Appeal Procedure.
B. Procedure
1. Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervision. Within fifteen (15) days2 after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor. A supervisor shall render a verbal decision within seven (7) days of the conclusion of the informal conference.
Failure to provide a verbal decision will automatically advance the process to the next step.
2. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) days from the date of receiving the answer from his/her supervisor, file a written grievance and request a meeting with the Division Manager, if one exists, in order to discuss the grievance. The written grievance shall contain the following information:
a. Name of grievant and job title;
b. Department/Section;
c. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;
d. The specific provision(s) of the MOU, City Policy or Personnel rules alleged to have been violated;
e. Requested remedy;
f. Name of the grievant’s Labor Representative, if any; and g. Date and signature of the grievant or Labor Representative.
3. The Division Manager shall render a decision and comments in writing and return them to the grievant within ten (10) days after receiving the written grievance.
4. If the Division Manager and employee cannot reach a solution to the grievance (or if a Division Manager does not exist), the employee may, within seven (7) days from the date of receiving the answer from the Division Manager, request, in writing, a meeting with the Department Head. 2 Days refer to calendar days.
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5. The Department Head shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Department Head and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) days from the date of the decision by the Department Head, submit a written appeal to the Human Resources Director.
6. The City Manager shall review the grievance and respond to the employee within twenty (20) days of receiving the appeal. The response shall be in writing.
7. An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the Human Resources Director and received in the Human Resources office so that same is date stamped by the Human Resources office within the ten (10) day period.
8. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the grievance shall be considered conclusive as set forth in the City Manager's decision and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Director, an appeal hearing shall be established as follows:
a. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer.
b. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the Human Resources Director. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. c. All hearings shall be private provided, however, that the hearing officer shall, at the request of the grievant, open the hearing to the public.
d. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
e. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer City of Redlands | Teamsters MOU 20232026-20296 29
shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
f. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the grievant does not testify in his/her own behalf, he/she may be called and examined as if under crossexamination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. g. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
i. The grievant shall be permitted to make an opening statement; ii. The City shall then be permitted to make an opening statement; iii. The grievant shall produce the evidence on his/her part; the grievant bears the burden of proof and burden of producing evidence;
iv. The City may then open its defense and offer its evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
v. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; vi. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
h. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. The opinion shall set forth findings of fact and conclusions.
i. The hearing officer may recommend sustaining or rejecting any or all of the grievance. j. The hearing officer’s opinion and recommendation shall be filed with the Human Resources Director, with a copy sent to the grievant, and shall set forth his/her findings and recommendations.
k. Within sixty (60) days of the receipt of the hearing officer’s findings recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, City of Redlands | Teamsters MOU 20232026-20296 30
conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendation(s) shall be filed where appropriate, including the grievant's personnel file.
l. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. m. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.
9. If the time limits for employees’ appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. The City Manager or his/her designee shall respond within the specified timeframe.
10. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review. In the event the employee desires the presence of a representative who is an employee of the City, he/she shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present.
11. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Head in presenting the grievance.
However, no employee shall absent himself/herself without first being excused by his/her supervisor.
12. No employee shall be required to be represented by an employee organization in processing a grievance. The settlement terms of a grievance which is processed by an employee individually or by a recognized employee organization shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit.
13. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization.
14. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be City of Redlands | Teamsters MOU 20232026-20296 31
limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.
15. A group grievance affecting all members of an employee organization may be brought by the employee organization itself. In such case the procedure shall be commenced directly at the City Manager level within fifteen (15) days after authorized representatives of the employee organization knew, or by reasonable diligence should have known, of the condition giving rise to the grievance and shall be subject to all applicable time limitations and the provisions set forth above.
Article 54.Article 56. DEMOTION/NON-DISCIPLINARY
Regular employees who are demoted due to layoff or other non-disciplinary reasons will be required to serve a probationary period of no longer than six (6) months in the lower classification, provided they have not held regular status in the lower classification previously. While serving this new probationary period, the employee will retain due process rights and cannot be disciplined or terminated from City service without due process.
Article 55.Article 57. LAYOFF PROCEDURE
A. Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, he/she may initiate Layoffs. Classifications to be affected and the number of employees included will be determined by the City.
B. In determining the order of Layoffs, a combination of factors shall be considered, including but not limited to: qualifications, productivity, general performance, seniority with the City of Redlands, seniority in job classification, and needs of the City. Variations from the order of Layoffs and recall from Layoff may occur when the City deems such variations appropriate under the circumstances.
C. The factors the City may use to determine the order of Layoffs are the following:
1. An employee's last four performance evaluations, provided they are within the last five years;
2. Any history of employee commendations, awards, etc.;
3. Any history of employee disciplinary action;
4. Attendance record, including tardiness and unexcused absences;
5. Safety record, including personal injury and damage to city property that was found to be the fault of the employee;
6. Probationary and temporary employees shall be laid off before a regular employee in the same classification;
7. Between two regular appointees in the same classification with the same skills, abilities, qualifications, merit and/or record, the employee with lesser seniority in the classification may be laid off first;
8. Between two regular appointees in the same classification the employee with lesser skills, abilities, qualifications, merit and\or record than may be laid off first, without regard to seniority;
9. Memoranda of Understanding ("MOU") between the City and affected bargaining units.
City of Redlands | Teamsters MOU 20232026-20296 32
D. BUMPING
1. “Bumping” means the displacement of an employee from his/her position by an employee in a higher classification who formerly held the same position.
2. Where two or more employees are laid off from the same position, the employee with the greatest seniority in that classification shall have the first opportunity to bump as set forth below.
3. A laid-off employee shall be entitled to bump an employee in the same position previously held by the laid off employee. The laid off employee must be able to perform the essential job functions of the former position and possess the minimum qualifications of the position as specified by the job classification specification. A laid-off employee shall not bump an employee with greater skills, abilities, qualifications, merit and/or record. Laid off employees may also be placed in a vacant lower classification for which they meet the minimum qualifications.
Employees must utilize the option that places them in the highest available position.
4. A laid-off employee in a supervisor classification shall be entitled to bump an employee in a lower position directly supervised by the laid-off employee. The laid-off employee must be able to perform the essential job functions of the lower position and possess the minimum qualifications of the position as specified by the job classification. Employees must utilize the option that places them in the highest position.
5. The City will notify laid-off employees of any positions available for bumping. Following such notification, the employee must notify the Human Resources Director in writing of his/her intent to exercise the bumping rights within seven (7) calendar days, and the position and classification in to which he/she intends to bump. Failure to provide such notification will be deemed a waiver of bumping rights by the employee.
6. Where there is more than one employee in a position available for bumping, the factors in paragraph C of this Section will be used to determine which employee, if any, will be bumped.
7. The process will be repeated at the next classification level where an employee bumps in and creates an overage in that classification.
8. Any displaced employee shall be considered as laid-off for the same reason as the person who displaced them and shall in the same manner be eligible to displace another employee based on the criteria specified in paragraph D of this Rule.
E. REINSTATEMENT FROM LAYOFF
1. The names of probationary and regular employees who have been laid off shall be placed on appropriate reemployment lists. Such names shall remain thereon for a period of one year unless such persons are sooner reemployed.
2. An employee who is reemployed from layoff within one (1) year in any classification within this bargaining unit, shall receive credit for former years of service.
3. Employees who, following layoff from a position or layoff from City employment may be reinstated upon the recommendation of the Department Head and with the approval of the Human Resources Director, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to this paragraph.
City of Redlands | Teamsters MOU 20232026-20296 33
Article 56.Article 58. MAINTENANCE OF MEMBERSHIP
The parties agree that this provision shall become a maintenance of membership provision obligating all employees to pay dues/fees, as applicable by law, at the amount issued by the local union, until the expiration of the MOU and shall have the right to terminate their membership dues/fees only during the thirty-day period falling between sixty days and thirty days prior to the expiration of this MOU.
Article 57.Article 59. D.R.I.V.E.
The City agrees to deduct from the paycheck of all employees covered by this Agreement, voluntary contributions to D.R.I.V.E. (Democrat Republican Independent Voter Education). Twice per year, (in March and October), D.R.I.V.E. shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck for all weeks worked. The phrase “weeks worked” excludes any week where an employee is in unpaid status. The City shall transmit to D.R.I.V.E.
National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s social security number and the amount deducted from that employee’s paycheck. The International Brotherhood of Teamsters shall reimburse the City annually for the City’s actual cost for the expense incurred in administering the payroll deduction plan.
Article 58.Article 60. UNIT MODIFICATION
It is understood that this MOU shall constitute a bar to any petition or request for decertification of the Union as the formally recognized employee organization in the General Employees unit of representation at any time prior to the expiration date of this MOU.
In addition, no petitions for unit modification of the General Employees unit will be accepted by the City without the express agreement of the Union.
The provisions of this Article shall not be applicable where precluded by law. The Union, its successors and assigns, shall indemnify, defend and hold harmless, the City, including its agents and employees, against any claims, suit or actions made or brought against the City, including its agents and employees, for any expenses, losses or damages incurred by the City, including its agents and employees, on account of the provisions of this article.
Article 59.Article 61. COMMUNICATIONS
The City and the Union shall work together in the interest of maintaining, and improving efficiency in all municipal operations and conservation of materials, supplies, and equipment, and for the improvement in quality of workmanship and service to the public.
The City and the Union consider themselves mutually responsible to improve communications between management and employees and will use their best endeavors in establishing and maintaining effective communication channels.
Article 60.Article 62. USE OF BULLETIN BOARDS
The City agrees that the Union may utilize bulletin board space in designated areas upon mutual agreement with the City. The Union will provide bulletin boards. The City agrees to allow the use of inter-departmental mail for distribution of union materials to Shop Stewards.
City of Redlands | Teamsters MOU 20232026-20296 34
The location of the bulletin boards should be in common spaces where employees can access them. When disagreements arise regarding the location of the bulletin boards, the union will work with the city to find acceptable alternatives.
Article 61.Article 63. EMPLOYEE TIME RECORDS
Employee time records, including but not limited to timecards, electronic punches, payroll entries, and any other record of horushours worked, are legal payroll documents and shall accurately reflect all hours
worked, meal periods, rest periods, overtime pay, and other compensable time.
Any changes, alterations, edits, deletions, reductions, or modifications to an employee’s time records shall require written notification (e.g., electronic mail, text, message, etc.) to the employee.
Article 62.Article 64. PREVAILING BENEFITS
All benefits, privileges, and working conditions enjoyed by the employees at the present time, which are not included in this agreement, shall remain in full force, unchanged and unaffected in any manner, during the term of this agreement unless changed by mutual consent.
Article 63.Article 65. EXTENSION OF MOU
If a successor MOU is not negotiated by June 30, 20296, this MOU shall remain in force until a successor MOU is negotiated or the impasse process for a successor MOU has been concluded.
Article 64.Article 66. SAVINGS CLAUSE
If any provision of this MOU, or the application of any provision, should be rendered invalid by court or legislative action, the remaining portions of this Agreement shall remain in full force and effect.
Article 65.Article 67. ZIPPER CLAUSE
The parties agree that all negotiable items have been discussed during negotiations leading to this MOU, including salaries and benefits, and conditions of employment and therefore further agree that negotiations will not be reopened on any item during the life of this MOU except by mutual agreement or as provided elsewhere in this MOU.
Article 68. OBLIGATIONS TO MEET AND CONFER
Within 90 days after the approval of the MOU, the City and Teamsters will initiate the meet and confer process to address the following:
1. Modifications to Personnel Rules to address salary upon promotion
2. Implementation of “Use of Camera Policy”
1. Implementation of “Vehicle Heat Safety Policy”
3. City of Redlands | Teamsters MOU 20232026-20296 35
Article 69. VEBA TRUST
During the term of this Agreement, the City shall consider Teamster’s proposal to establish a Teamsters’ sponsored Voluntary Employees Benefit Association (VEBA) Trust, with the understanding that any agreement is contingent upon the program being 100% funded by union members (Zero City Contributions) and that this program shall not cause the City to incur any costs or liability associated with this program. This article does not create any obligation on the part of the City to agree to the implementation of a VEBA Retiree Medical trust.
SIGNATURES
CITY OF REDLANDS TEAMSTERS LOCAL #1932
x x
MARIO SAUCEDO, MAYOR DATE ANDREW COLEMAN, TEAMSTERS
REPRESENTATIVE
DATE
ATTEST:
______________________________________
Jeanne Donaldson, City Clerk
X
JAMES ESTRADA, CHIEF STEWARD DATE
City Council AGENDA ITEM NO. J4.
DATE: July 21, 2026
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an Agreement with PBK Architects California, Inc. for architectural design services for the construction of Fire Station 264 in an amount not to exceed $1,486,100; and determine that the project is not subject to environmental review pursuant to Section 15301(d) of the State's Guidelines implementing the California Environmental Quality Act (Fire Chief Sessler) MOTION:
If the City Council determines that staff's recommendation is appropriate, the following motions are provided:
1. I move to approve the agreement with PBK Architects California, Inc. for architectural design services for the construction of Fire Station 264 in an amount not to exceed $1,486,100.
2. I move that the City Council determine that the project is categorically exempt from environmental review in accordance with Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act.
RECOMMENDATION:
Staff recommends the City Council approve an agreement with PBK Architects California, Inc. (PBK) for architectural design services for the construction of Fire Station 264 in an amount not to exceed $1,486,100; and determine that the project is categorically exempt from environmental review in accordance with Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act.
BACKGROUND:
The City of Redlands is planning the construction of a new Fire Station 264 to be located at the Heritage Park site.
The proposed project includes the design and construction of a new approximately 12,000 square-foot fire station and associated site improvements on approximately 1.5 acres.
The existing Fire Station 264 currently operates out of a temporary modular facility that was originally installed in 2008 as an interim solution. Over time, the facility has significantly aged and is increasingly in need of repairs and upgrades. Due to the limitations of the modular structure, the station no longer adequately supports the operational, safety, and functional needs of modern emergency response personnel and equipment.
The current facility was not intended to serve as a long-term fire station and does not provide the level of infrastructure necessary to effectively support emergency response operations, firefighter health and safety standards, apparatus accommodations, or operational readiness. As a result, the City has prioritized the development and construction of a new permanent Fire Station 264 to better serve the community and support the long-term operational needs of the Redlands Fire Department.
PBK submitted a proposal dated May 15, 2026, to provide comprehensive architectural and engineering services for the project, including schematic design, design development, construction documents, bidding support, and construction administration services.
PBK specializes in the planning and design of public safety and essential service facilities and has designed more than 200 public safety facilities throughout California and nationally. The firm has also successfully completed multiple projects for the Redlands Fire Department, including prior fire station assessments and the renovation project for Fire Station 262.
DISCUSSION:
Staff is seeking City Council approval to award a sole-source Professional Services Agreement to PBK for architectural and engineering design services associated with the development of the new Fire Station 264.
Staff is recommending the sole-source award based on PBK’s specialized experience in public safety facility design, demonstrated performance on prior City projects, and extensive institutional knowledge of the operational needs and standards of the Redlands Fire Department.
PBK has significant experience designing fire stations and other essential service facilities. PBK's experience includes the completion of more than 200 public safety projects. In addition, PBK previously designed the renovation of Fire Station 262 for the City of Redlands. Through this prior work, PBK has developed familiarity with the City’s design standards, operational requirements, internal review processes, and long-term public safety objectives.
Staff believes this prior experience and continuity provide substantial value to the City and support the justification for a sole-source award. Utilizing a design firm already familiar with the City’s fire operations and facility standards will reduce project onboarding time, improve coordination efficiency, streamline the design and review process, and minimize the potential for project delays or redesign efforts. PBK’s established understanding of the Department’s apparatus requirements, firefighter health and safety considerations, and operational workflow will also assist in delivering a facility tailored to the specific needs of the community and fire personnel.
Additionally, PBK has assembled the same consultant team utilized on prior Redlands Fire Department projects, including architectural, civil, structural, mechanical/plumbing, electrical and landscape architectural disciplines.
Staff believes maintaining continuity with an experienced and proven consultant team will contribute to efficient project delivery and consistency between existing and future City fire facilities.
The proposed scope of work includes all phases necessary to complete the project through construction administration, including schematic design, design development, construction documents, agency review and approval support, bidding assistance and construction administration services.
The total proposed agreement amount is $1,351,000, which includes:
$1,275,000 for basic services;
$66,000 for project-specific services; and
$10,000 for reimbursable expenses.
Staff also recommends including a contingency amount of ten percent (10%), or $135,100, to address unforeseen conditions, additional design coordination, regulatory requirements, or other additional services that may arise during the course of the project, for a total amount of $1,486,100. Any use of contingency funds would be subject to City approval and administered in accordance with the terms of the agreement.
Staff has reviewed the proposal and determined the proposed fees to be reasonable and appropriate for the scope and complexity of the project.
ALTERNATIVES:
City Council may choose to not approve the Professional Services Agreement with PBK Architects California, Inc. for architectural services for the construction of Fire Station 264.
STRATEGIC PLAN:
Priority B - Public Health & Safety
SUBMITTED BY:
Rich Sessler, Fire Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Assistant City Manager
James Garland, Interim Management Services/Finance Director PREPARED BY:
Bruni Reyes, Management Analyst
FISCAL IMPACT
Fiscal Year: 2026-2027
Revenue Generating: No
Amount: $1,486,100
Budgeted Y/N: Yes
Account No.:101250-8503, 251400-8503
Additional Appropriation Required: No
Discussion:
The total cost for the Professional Services Agreement for architectural and engineering design services related to the construction of Fire Station 264 is $1,351,000. Staff is also requesting authorization for a ten percent (10%) contingency in the amount of $135,100 to address unforeseen conditions or additional services that may arise during the course of the project, for a total authorized amount of $1,486,100.
Funding for this project is included in the FY2027 and 2028 Proposed Biennial Budget. Funding is included in the General Fund, 101250-8503, for $886,100 and Public Facilities Fund, 251400-8503, for $600,000.
Attachments
Agreement_PBK_Architects.pdf
PS-1.1 (1.24.19)
1 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for professional services for the provision of architectural and engineering services (“Agreement”) is made and entered in this 21st day of July, 2026 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City)” and PBK Architects California, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide architectural design and engineering services for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” entitled “Scope of Services,” which is attached hereto and incorporated herein by reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services.
3.2 City designates Fire Chief Rich Sessler, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “B,” entitled “Project Schedule,” which is attached hereto and incorporated herein by reference.
PS-1.1 (1.24.19)
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4.2 Consultant shall complete the Services within twenty-six (26) months following the City's issuance of a written Notice to Proceed, unless the Services are terminated earlier as provided herein.
4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant’s performance of the Services shall be in the amount of One Million Three Hundred & Fifty-Five Thousand Dollars ($1,351,000.00). City shall pay Consultant in accordance with Exhibit “C” entitled “Cost Proposal,” which is attached hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
City: Consultant:
City Clerk Jesse Miller, Managing Senior Principal
City of Redlands PBK Architects California, Inc.
35 Cajon Street 10760 4th Street, Suite 200
P.O. Box 3005 (mailing) Rancho Cucamonga, CA 91730
Redlands, CA 92373 (909)987-0909
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies PS-1.1 (1.24.19)
3 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “D” entitled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
D. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
PS-1.1 (1.24.19)
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7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study, or similar item; (vi) adopt, or grant City approval of, policies, standards, or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant PS-1.1 (1.24.19)
5 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
PS-1.1 (1.24.19)
6 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS PBK ARCHITECTS CALIFORNIA, INC.
By: ___________________________ By: _____________________________ Mario Saucedo, Mayor Jesse Miller, Managing Senior Principal Attest:
___________________________
Jeanne Donaldson, City Clerk
PS-1.1 (1.24.19)
7 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc EXHIBIT "A"
SCOPE OF SERVICES
A. BASIC ARCHITECTURAL SERVICES
The following is a list of the basic activities and services anticipated for your new project. The scope has been divided into the five phases typically associated with architectural services:
1. Schematic Design Phase
The first and perhaps most important task during the Schematic Design Phase will be to establish and determine the best approach to the design of the primary systems in the project. The architectural program shall be confirmed. The initial layout shall be quickly explored in order to evaluate the best opportunities. A design concept shall be formulated in order to provide a sound basis for subsequent planning and design decisions to occur. Site and programmatic factors, aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the basis of an evaluation. Through a variety of informal meetings with the project committee, a schematic design concept shall be established.
During the Schematic Design Phase, the following tasks and deliverables have been identified:
A. Master Site Plan
A master site plan shall be prepared in order to describe all major site components and to illustrate the overall site planning concept for the project. All structures, parking areas, and circulation components shall be identified. Areas of future expansion and/or future phasing shall also be defined.
B. Preliminary Floor Plan
A preliminary floor plan shall be prepared.
C. Exterior Elevations
Exterior elevations shall be prepared to illustrate all major views of the project.
Elevations shall be drawn to depict scale, character, architectural vocabulary, and shall be delineated to communicate the aesthetic qualities of the project.
D. Schematic Design Cost Estimate
A Schematic Design construction cost estimate shall be prepared.
E. Project Schedule
A comprehensive project schedule shall be prepared. The project schedule shall include anticipated time frames for each phase of the project as well as any other milestones required by City and the Fire Department.
PS-1.1 (1.24.19)
8 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc
2. Design Development Phase
After completion of the Schematic Design Phase, the design of the project shall be advanced into more detailed refinement by initiating the Design Development Phase. Our Design Team shall prepare design development documents consisting of drawings, outline specifications, design calculations, material/equipment submittals, fixture cuts, and a design development opinion of estimated construction cost. Architectural, structural, electrical, and mechanical systems shall be further detailed and analyzed. Preliminary drawings shall be prepared for each of these systems and options which may exist shall be evaluated.
During the Design Development Phase, requirements for cabinets, casework, hardware, and related specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and furniture layout of every workstation, office, and support space. Final selection of materials, textures, and colors shall occur. The Design Development Phase is essentially the time when preliminary design proposals are refined to a level of detail and developed to a state such that final construction documents can be initiated. The Design Development Phase is the time when all final decisions pertaining to the proposed project are evaluated and finalized. During the Design Development Phase, the following tasks and deliverables have been identified:
A. Design Development Plans
Design development drawings shall be prepared in order to fix and describe the size and character of the entire project including architectural, structural, mechanical, electrical and landscape design features.
B. Outline Specifications
Outline specifications shall be prepared in order to identify and define the materials and system components selected for the project. Outline specifications shall be prepared in summary outline form based on CSI format.
C. Basis of Design
A technical manual shall be assembled to organize product literature and data for all materials, equipment, and fixtures selected for the project.
D. Building Code Analysis
Drawings, diagrams, and calculations shall be prepared based upon all applicable building codes having jurisdiction over the project. A preliminary occupancy and exiting plan shall be prepared to identify the type of construction, type of occupancy, required fire rating/separation, and location/number of exits required.
E. Design Development Cost Estimate
A Design Development construction cost estimate shall be prepared to reflect the scope and anticipated construction costs as reflected by the design development documents.
F. Project Schedule
An updated project schedule shall be prepared and submitted.
PS-1.1 (1.24.19)
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3. Construction Document Phase
The final Construction Document Phase of the project generally consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final cost estimates. Our proposal includes complete and comprehensive architectural and engineering services required to execute the entire project. Specifically, we have included the following disciplines:
• Architectural
• Civil Engineering
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project. General conditions, instructions to bidders, and all special requirements are defined, and when combined with the various trade specifications, a complete project manual is produced. During the Construction Document Phase final cost studies shall be prepared. A detailed opinion of construction cost shall be prepared at the point where final plans and specifications are approximately 50% complete. Once construction documents have almost been completed, a revised opinion of cost shall be prepared at the level of approximately 90% completion. Allowable construction costs will be consistently monitored during the entire process in order to minimize the possibility of requiring major refinement or modification due to budgetary limits.
The following tasks are specifically proposed for the project:
A. Construction Drawings
Final construction drawings shall be prepared in order to describe and identify the spaces, sizes, volume, and location in detail for the construction of the project.
B. Project Manual
A project manual shall be prepared to include all instructions to bidders, bidding forms, general conditions, supplementary special conditions, and the construction trade sections for the project. The project manual provides detailed technical information pertaining to the administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work.
C. Final Design Calculations
Final design calculations shall be prepared and submitted with the final plans and specifications for review and approval by governing agencies having jurisdiction over PS-1.1 (1.24.19)
10 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc the project. Structural calculations, hydrology/drainage calculations, and mechanical/electrical (Title 24 Energy Compliance) shall be completed during this phase.
D. Construction Cost Estimate
A final construction cost estimate shall be prepared at the point where plans and specifications are approximately 50% complete. A second cost opinion shall be prepared at the 90% completion point in order to address any refinement or modification occurring during the preparation of the construction documents. The cost opinion shall be prepared utilizing specific area and quantity take-offs applied to labor and material cost, and shall include allowance for general conditions, Contractor's profit and overhead, and contingencies.
E. Final Plan Check
All final plans, specifications, and supporting calculations shall be submitted to appropriate agencies having jurisdiction over the project. The final construction documents shall be revised and amended in order to reflect any plan check requirements, and at this time, construction documents will be ready for competitive bidding.
4. Bidding Phase
During the Bidding Phase, the Architect shall provide administrative support services to assist the City in obtaining competitive bids for the proposed project. The Architect shall respond to any questions, clarifications, or conflicts which may arise in the form of written addenda to the contract documents. At this time, requests for substitutions may be considered if allowed by the contract documents. The Architect shall assist the City with an evaluation of the bids received and make a recommendation for award of the contract for construction.
The following services for the Bidding Phase of the project are proposed:
A. Bidding Procedures and Administration
The Architect shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Architect. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents.
B. Evaluation of Bid Proposals
Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect. The completeness of each bid proposal shall be evaluated whenever consideration exists to award to the proposing contracting entity. The completeness of the bid proposal, proposed subcontractors, affidavit of signature and other special bid proposal requirements shall be reviewed by both the City and the Architect.
C. Notice to Award Construction Contract
PS-1.1 (1.24.19)
11 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc Upon the completed review of appropriate bid proposals, the Architect shall provide a recommendation for consideration regarding the potential award of the contract for construction.
5. Construction Administration Phase
The Architect shall conduct job site meetings at two-week intervals in order to generally review and evaluate the construction schedule, monitor weekly performance, review quality control standards, and provide assistance for any clarification or revision to the contract for construction.
Shop drawings and related submittals shall be reviewed and returned to the Architect for appropriate action. The Contractor’s requests for information, proposal requests, and related communications shall be attended to on a regular basis. Contractor’s pay requests shall be reviewed by the Architect on a monthly basis in accordance with the amount of work completed and in accordance with the contract documents. At every job site meeting, minutes shall be prepared, published and distributed by the Architect to all parties concerned, specifically noting current action items and related responsibilities. Upon completion of the Construction Phase the Architect shall organize and conduct a final walk-through and review. A final punch list for all required corrections and remaining work shall be prepared.
During the Construction Phase of the project, the following services shall be furnished:
A. Preconstruction Conference
A preconstruction conference shall be organized and conducted by the Architect to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the Fire Department, the Architect, the Contractor, and all major subcontractors.
B. Job Site Meetings
Job site meetings at two-week intervals shall be scheduled and conducted by the Architect for the same day and time through the duration of the project. Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The Architect shall publish and distribute a field report for each job site meeting, documenting the progress of construction and specifically noting current and delinquent action items, in the event that a construction manager is not assigned to the project.
C. Submittal and Shop Drawing Review
The Architect shall review all required shop drawings and related submittals as required by the contract documents.
D. Project Closeout
PS-1.1 (1.24.19)
12 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Architect to all parties concerned, specifically noting required corrections, nonconforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City.
E. Record Documents
A set of final record documents will be created from the Contractor’s as-built drawings.
B. ASSUMPTIONS & EXCLUSIONS
Items not specifically indicated in our scope of services are excluded. The following is a list of items which, while excluded, may be required. These services can be included, if requested, or once additional information is known:
A. Topographical Surveys.
B. Geotechnical Investigations/Reports.
C. Off-Site Street or Utility Improvements. Our fee assumes utilities are available at the project site.
D. Environmental Planning/California Environmental Quality Act (CEQA) Reports.
E. Stormwater Pollution Prevention Plan (SWPPP) Reports.
F. Traffic Signalization.
G. Abatement and Forensic Studies.
H. LEED documentation and submittal/certification.
I. Commissioning.
J. Energy Modeling.
K. Acoustical, Noise, or Traffic Studies.
L. Specialized Audio Visual (AV) consultants.
M. Multiple Bid Packages.
N. State/Local Agency Review/Approval/Permit Fees.
O. County, State, Title Company and Utility Purveyor Fees.
P. Title Reports, Legal Descriptions, and Reference Deeds.
Q. Third party cost estimates.
R. Professionally Constructed Building Models.
S. Construction Surveying/Staking.
T. Shoring Design.
U. Cone Penetration Testing.
V. Fire Flow Testing.
W. QSP/QSD services during construction.
X. Radius maps, mailing lists and public hearing signage.
Y. General Plan Amendment, Master Plan Amendment, Zone Change, Conditional Use Permit, Environmental Information Forms, or Variance Applications, Forms, and Maps.
PS-1.1 (1.24.19)
13 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc Z. Foundation System: Our fee assumes typical spread footings in average soil conditions. Any other type of foundation system required as a result of poor soil conditions would not be considered within our scope of services. [See next page]
PS-1.1 (1.24.19)
14 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc EXHIBIT "B"
PROJECT SCHEDULE
Consultant estimates that the Project may require approximately twenty-six (26) months to complete following issuance of the City's written Notice to Proceed. The schedule below is provided for planning purposes only and represents the Consultant's best estimate at the time of execution of this Agreement. Actual durations may vary due to agency review periods, stakeholder input, unforeseen conditions, changes in project scope, availability of information, or other circumstances beyond the reasonable control of either party.
Project Phase Estimated Duration Estimated Timing*
Schematic Design 3 Months Months 1–3
Construction Documents 8 Months Months 4–11
Agency Review and Approval 4 Months Months 12–15
Bidding / Award 2 Months Months 16–17
Construction Administration 8 Months Months 18–25
Closeout 1 Month Month 26
Total Estimated Duration 26 Months From Notice to Proceed *Estimated timing is measured from the date of the City's written Notice to Proceed and does not represent fixed calendar dates.
PS-1.1 (1.24.19)
15 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc EXHIBIT "C"
COST PROPOSAL
Phase of Service Percentage Fee Cost
Schematic Design 10% $127,500.00
Design Development 15% $191,250.00
Construction Documents 40% $510,000.00
Agency Review / Approval 5% $63,750.00
Bidding / Award 5% $63,750.00
Construction Administration 25% $318,750.00
TOTAL BASIC SERVICES FEE: $1,275,000.00
Topographical Surveys $15,000.00
Geotechnical Investigations/Reports $27,000.00
Stormwater Pollution Prevention Plan (SWPPP) $6,000.00
Commissioning $18,000.00
TOTAL PROJECT SPECIFIC SERVICES FEE: $66,000.00
Total Project Summary
Category Amount
Basic Services Fee $1,275,000.00
Project Specific Services Fees $66,000.00
Reimbursable Allowance $10,000.00
TOTAL FEE: $1,351,000.00
PS-1.1 (1.24.19)
16 I:\cmo\Agreements\Agreement w PBK Architects.bm.07.01.2026.FY2728-04.doc EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
PBK ARCHITECTS CALIFORNIA, INC.
By: Date:____________________
Jesse Miller, Managing Senior Principal
City Council AGENDA ITEM NO. J5.
DATE: July 21, 2026
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of approval of the California Street and Redlands Boulevard Intersection Widening Project plans and specifications; approval of a Public Works Construction Contract with Beador Construction Company, Inc. for the Project in an amount not to exceed $5,537,700; redesignation of $4,400,000 currently budgeted in the Arterial Street Fund 252 to the Local Transportation Fund 209, approval of an additional appropriation in the amount of $1,137,700 in the Local Transportation Fund 209; and determination that the Project is consistent with the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted by Resolution No. 8645 and will not require additional environmental review pursuant to the California Environmental Quality Act (Municipal Utilities and Engineering Director Heredia) MOTION:
If the City Council determines that staff's recommendation is appropriate, the following motions are provided:
1. I move that the City Council approve the California Street & Redlands Boulevard Project (Project) plans and specifications, and award a Public Works Construction Contract to Beador Construction Company, Inc. for an amount not to exceed $5,537,700; and
2. I move that the City Council re-designate $4,400,000 currently budgeted in the Arterial Street Fund 252 to the Local Transportation Fund 209 and approve an additional appropriation in the amount of $1,137,700 in the Local Transportation Fund (209); and
3. I move that the City Council determine that the environmental effects of the Project were previously analyzed in the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted by Resolution No. 8645, and that no further environmental review is required pursuant to the California Environmental Quality Act.
RECOMMENDATION:
Staff recommends that the City Council approve the California Street and Redlands Boulevard Intersection Widening Project (Project) plans and specifications, and award a Public Works Construction Contract to Beador Construction Company, Inc. for an amount not to exceed $5,537,700; re-designate $4,400,000 currently budgeted in the Arterial Street Fund 252 to the Local Transportation Fund 209, and approve an additional appropriation in the amount of $1,137,700 in the Local Transportation Fund (209). Staff further recommends that the City Council determine that the Project is consistent with the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted by Resolution No. 8645 and that approval of the Public Works Construction Contract will not require additional environmental review pursuant to the California Environmental Quality Act.
DISCUSSION:
California Street is classified as a Major Arterial and provides an important connection between residential neighborhoods, major activity centers, and the I-10 and I-210 freeways. The California Street and Redlands Boulevard Intersection Widening Project (Project) will widen the west side of California Street between Redlands Boulevard and about 500 feet south of the I-10 freeway. The Project includes construction of a designated right-turn lane, two travel lanes, a 6.5-foot-wide sidewalk, and a 24-foot-wide depressed concrete access area for maintenance of the Mission Zanja Channel. Additional improvements at the intersection of California Street and Redlands Boulevard include roadway reconstruction, traffic signal modifications, curb and gutter, sidewalk and ADA-compliant curb ramps, and water and non-potable water utility improvements.
The Project also includes construction of a triple reinforced concrete box culvert, measuring approximately 54 feet wide, 11 feet high, and 220 feet long, within the Mission Zanja Channel. The proposed culvert will connect to the existing culvert located within the Redlands Boulevard and California Street right-of-way.
On February 6, 2024, the City Council approved a Cooperative Agreement with the San Bernardino County Flood Control District to expand the original Project scope and improve the entire culvert crossing within the Mission Zanja Channel to its ultimate configuration. Under the Agreement, the District will reimburse the City for 50 percent of eligible Project costs, including engineering, permitting, utility relocation, construction, inspection, and contingency, as well as 50 percent of eligible Project cost overruns.
On December 17, 2024, the City Council adopted Resolution No. 8645, approving the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project. The City Council determined that, with implementation of the required mitigation measures and Project design features, the Project would not result in a significant effect on the environment.
In May 2026, Municipal Utilities and Engineering Department (MUED) staff prepared the bid package, obtained all required environmental permits, and advertised the Project for construction. On June 4, 2026, the City Clerk’s Office received and opened the following three (3) bids:
BID OPENING REPORT SUMMARY
BIDDER BID AMOUNT
1. Beador Construction Company, Inc., Costa Mesa, CA $5,537,700.00
2. Granite Construction Company, Inc., Indio, CA $6,682,866.00
3. Riverside Construction Company, Inc., Riverside, CA $8,387,183.50 MUED staff reviewed each bid and determined that Beador Construction Company, Inc., is the lowest responsive and responsible bidder. Therefore, staff recommends that the City Council approve a Public Works Construction Contract with Beador Construction Company, Inc., for an amount not to exceed $5,537,700. If approved, it is anticipated that the Project will be completed within one hundred seventy-five (175) working days after a Notice to Proceed is issued.
ALTERNATIVES:
The City Council may reject the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
Strategic Priority D, Strategic Objective 3 - Infrastructure. Engineer and construct transportation facilities to accommodate all potential users – motorists, cyclists and pedestrians.
SUBMITTED BY:
Monica Heredia, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Assistant City Manager
Goutam K. Dobey, City Engineer
PREPARED BY:
Gerard Nepomuceno, Senior Civil Engineer
FISCAL IMPACT
Fiscal Year: FY 2026/27
Budgeted Y/N: Yes
Account No.: 209410
Additional Appropriation Required: Yes
Amount: $1,137,700
Discussion:
The FY 2026-27 MUED Arterial Street Construction Budget (Fund 252) includes $4,400,000 for the Project. This amount must be re-designated to the Local Transportation Fund 209 in order to appropriately record expenditure activity associated with special revenue funds. An additional appropriation of $1,137,700 is required to fully fund the total Project cost of $5,537,700. Measure I Arterial Program funds will reimburse the City approximately $4,258,491, which is 76.9% of the total Project cost. Pursuant to the approved Cooperative Agreement with San Bernardino County Flood Control District, the City will be reimbursed $639,605, which is 50% of the remaining
23.1% of the Project cost.
Attachments
A_Beador_Construction_PW_Contract.pdf
B_Bid_Report.pdf
C_Bid_Analysis.pdf
D_Additional_Appropriation_Form_Updated.pdf
E_Project_Plans.pdf
F_Project_Specifications.pdf
G_Resolution_8645_For_Reference_Only.pdf
1 I:\cmo\Agreements\A. Beador Construction PW Contract.bm.07.02.2026.FY2728-06.doc
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 21st day of July, 2026, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Beador Construction Company, Inc., a California corporation (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: California Street and Redlands Boulevard Intersection Widening Project, Project No. 252002, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s California Street and Redlands Boulevard Intersection Widening Project, Project No. 252002 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of Five Million Five Hundred ThirtySeven Thousand Seven Hundred Dollars ($5,537,700.00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents.
Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within one hundred seventy-five (175) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” from and after the date of City’s issuance of a Notice to Proceed to Contractor.
4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500.00) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500.00) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000.00) or less shall be made by Contractor and 2 I:\cmo\Agreements\A. Beador Construction PW Contract.bm.07.02.2026.FY2728-06.doc processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. [See next page]
3 I:\cmo\Agreements\A. Beador Construction PW Contract.bm.07.02.2026.FY2728-06.doc IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Mario Saucedo, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
David Beador_____________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
President___________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
4 I:\cmo\Agreements\A. Beador Construction PW Contract.bm.07.02.2026.FY2728-06.doc
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
California Street and Redlands Blvd. Intersection Widening Project Project No. 252002
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2026.
__David Beador________________________
(Contractor)
_____________________________________
(Signature)
__President___________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
5 I:\cmo\Agreements\A. Beador Construction PW Contract.bm.07.02.2026.FY2728-06.doc
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and Beador Construction Company, Inc. (hereinafter designated as "Principal"), have entered into an agreement dated July 21, 2026 (“Agreement”), whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as California Street and Redlands Boulevard Intersection Widening Project, Project No. 252002 and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of Five Million Five Hundred Thirty-Seven Thousand Seven Hundred Dollars ($5,537,700.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the 6 I:\cmo\Agreements\A. Beador Construction PW Contract.bm.07.02.2026.FY2728-06.doc amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2026.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
7 I:\cmo\Agreements\A. Beador Construction PW Contract.bm.07.02.2026.FY2728-06.doc
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Beador Construction Company, Inc. (hereinafter designated as “Principal”), have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated July 21, 2026, and identified as California Street and Redlands Boulevard Intersection Widening Project, Project No. 252002 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Million Five Hundred Thirty-Seven Thousand Seven Hundred Dollars ($5,537,700.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2026.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
ATTACHMENT "C"
PROJECT NO. 252002 BID DATE: 4-Jun-2026
California Street and Redlands Boulevard Intersection Widening Project EST. START DATE: 22-Jul-2026 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of Total Bid Price) 1 LS $275,000.00 $275,000.00 $320,000.00 $320,000.00 $375,000.00 $375,000.00 2 Clearing, Grubbing, and Removals 1 LS $300,000.00 $300,000.00 $1,087,739.50 $1,087,739.50 $1,605,000.00 $1,605,000.00 3 SWPPP 1 LS $50,000.00 $50,000.00 $75,000.00 $75,000.00 $100,000.00 $100,000.00 4 Survey 1 LS $50,000.00 $50,000.00 $29,600.00 $29,600.00 $100,000.00 $100,000.00 5 Traffic Control 1 LS $125,000.00 $125,000.00 $333,080.00 $333,080.00 $225,000.00 $225,000.00 6 Construction Phasing Plan 1 LS $25,000.00 $25,000.00 $70,000.00 $70,000.00 $15,000.00 $15,000.00 7 8” Curb and Gutter (SPPWC STD 120-2) 720 LF $75.00 $54,000.00 $80.00 $57,600.00 $46.00 $33,120.00 8 4” Thick PCC Sidewalk 4,260 SF $9.00 $38,340.00 $15.00 $63,900.00 $8.00 $34,080.00 9 6” Curb 165 LF $310.00 $51,150.00 $50.00 $8,250.00 $60.00 $9,900.00 10 Pedestrian Ramp (Case A, Type 1) 1 EA $8,500.00 $8,500.00 $4,664.00 $4,664.00 $4,000.00 $4,000.00 11 Pedestrian Ramp (Detail D, Sheet 4) 1 EA $16,500.00 $16,500.00 $3,505.00 $3,505.00 $3,500.00 $3,500.00 12 Junction Structure (SPPWC STD 331-3) 1 EA $6,500.00 $6,500.00 $15,000.00 $15,000.00 $5,325.00 $5,325.00 13 AC Pavement 650 TON $250.00 $162,500.00 $220.00 $143,000.00 $262.00 $170,300.00 14 Sawcut AC Pavement 1,155 LF $5.00 $5,775.00 $9.60 $11,088.00 $5.00 $5,775.00 15 4’ Wide Curb Inlet Catch Basin 1 EA $11,000.00 $11,000.00 $18,500.00 $18,500.00 $16,000.00 $16,000.00 16 6” Thick Commercial Driveway 2 EA $16,000.00 $32,000.00 $4,980.00 $9,960.00 $5,500.00 $11,000.00 17 Local Depression (SPPWC STD 313-3, Case B) 1 EA $4,000.00 $4,000.00 $1,800.00 $1,800.00 $2,500.00 $2,500.00 18 Install 18” RCP Storm Drain 15 LF $1,250.00 $18,750.00 $1,000.00 $15,000.00 $373.00 $5,595.00 19 Adjust Electric Vault to Grade 1 EA $3,200.00 $3,200.00 $10,764.00 $10,764.00 $11,000.00 $11,000.00 20 Precast Triple RCB with cutoff walls 220 LF $10,250.00 $2,255,000.00 $13,000.00 $2,860,000.00 $18,350.00 $4,037,000.00 21 Transition Structure (Details on Sheets 10-13), 1 EA $215,000.00 $215,000.00 $180,000.00 $180,000.00 $110,000.00 $110,000.00 22 Guard Rail (Caltrans STD A77L1) 50 LF $325.00 $16,250.00 $243.00 $12,150.00 $243.00 $12,150.00 23 Traffic Signal Modification 1 LS $375,000.00 $375,000.00 $228,550.00 $228,550.00 $275,000.00 $275,000.00 24 Install 12” white thermoplastic crosswalk 70 LF $17.00 $1,190.00 $13.50 $945.00 $5.00 $350.00 25 Install 12” yellow thermoplastic crosswalk 240 LF $13.00 $3,120.00 $13.50 $3,240.00 $5.00 $1,200.00 26 Install 4” white thermoplastic edge line 715 LF $5.00 $3,575.00 $2.70 $1,930.50 $1.00 $715.00 27 Install Thermoplastic Pavement Marking 7 EA $625.00 $4,375.00 $190.00 $1,330.00 $200.00 $1,400.00 28 Install 4” Solid white thermoplastic line 270 LF $7.00 $1,890.00 $3.25 $877.50 $1.00 $270.00 29 12”x12”x12” Cut in tee 2 EA $25,000.00 $50,000.00 $18,500.00 $37,000.00 $6,000.00 $12,000.00 30 Install 8” AWWA C-151 DIP (Class 350) 195 LF $810.00 $157,950.00 $500.00 $97,500.00 $330.00 $64,350.00 31 Install 12” AWWA C-151 DIP (Class 350) 290 LF $700.00 $203,000.00 $420.00 $121,800.00 $930.00 $269,700.00 32 12” PVC Sewer Main 45 LF $550.00 $24,750.00 $450.00 $20,250.00 $850.00 $38,250.00 33 Relocate Sewer Manhole 1 EA $32,000.00 $32,000.00 $62,000.00 $62,000.00 $55,000.00 $55,000.00 34 6” P.C.C. Decorative Pavement 1,680 SF $30.00 $50,400.00 $26.00 $43,680.00 $14.00 $23,520.00 35 Grind AC Pavement 5,695 SF $4.00 $22,780.00 $2.50 $14,237.50 $2.55 $14,522.25 36 AC Overlay 5,695 SF $7.00 $39,865.00 $3.00 $17,085.00 $1.75 $9,966.25 37 6’ Chain Link Fence Type CL-6 85 LF $145.00 $12,325.00 $107.00 $9,095.00 $107.00 $9,095.00 38 4” Decomposed Granite 4,290 SF $5.00 $21,450.00 $4.50 $19,305.00 $4.00 $17,160.00 39 Pipe Gate (SBCFCD S.P. 209) 2 EA $9,400.00 $18,800.00 $7,035.00 $14,070.00 $7,035.00 $14,070.00 40 Rail and Wire Revetment with Anchor 65 LF $1,150.00 $74,750.00 $798.00 $51,870.00 $798.00 $51,870.00 41 4” Thick PCC Apron & Cutoff Wall 500 SF $185.00 $92,500.00 $35.00 $17,500.00 $75.00 $37,500.00 42 Install parapet wall and pipe support brackets 1 LS $65,000.00 $65,000.00 $85,000.00 $85,000.00 $50,000.00 $50,000.00 43 Unforeseen work 1 LS $500,000.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 44 Demobilization 1 LS $59,515.00 $59,515.00 $5,000.00 $5,000.00 $50,000.00 $50,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$5,537,700.00 $6,682,866.00 $8,387,183.50
Yes Yes
Active
Active
Swiss Re Corp. Solutions America Insturance Company
Active
Active
Fidelity and Deposit Company of Maryland
Active
Active
Travelers Casualty and Surety Co. of America
Yes
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No.
Riverside Construction
Bid Item Quantity Unit Company, Inc.
Beador Construction
Company, Inc.
Granite Construction
Company, Inc.
No
Yes Yes
Active Active
No
Active
No
Yes
Bidders #1, #2 and #3
Sheet 1 of 1
DATE OF REQUEST:
An additional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$ -
$ -
TRANSACTION NO:
ACCOUNTING PERIOD:
Account Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) Account Description Orgkey Object Code Amount Department Head
City Manager
CITY OF REDLANDS
REQUEST FOR ADDITIONAL APPROPRIATION
FINANCE USE ONLY