Agenda packet — San Marino City Council, May 31, 2024 (part 1 of 4)

AGENDA – MAY 31, 2024 Page 1 of 885

CITY OF SAN MARINO

CITY COUNCIL AGENDA
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
Philippe Eskandar, City Manager
www.SanMarinoCA.gov
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108

ADJOURNED REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
FRIDAY, MAY 31, 2024 AT 8:30 AM

CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.

In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 prior to the meeting for assistance.

The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties with Zoom. The City will do it’s best to resolve any technical issues as quickly as possible.

How to view or listen to the meeting from home:

Visit www.SanMarinoCA.gov/Zoom
How to offer public comment from home:

Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before the meeting. Written public comment received by 3:00 p.m. will be distributed to City Council during the meeting. Any comments received after 3:00 AGENDA – MAY 31, 2024 Page 2 of 885
p.m. will be included in the public comment record but not provided to City Council at the meeting.

Written public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Written Zoom comments will be accepted after the inperson comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Member Chou, Council Member Lo, Council Member Talt, Vice Mayor Shepherd Romey, and Mayor Huang

POSTING OF AGENDA
The agenda is posted 72 hours prior to each meeting at the following locations: City Hall, 2200 Huntington Drive, the Crowell Public Library, 1890 Huntington Drive, and the Stoneman Building, 1560 Pasqualito Drive. The agenda is also posted on the City’s website:
http://www.SanMarinoCA.gov.

PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda.

Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.

NEW BUSINESS

1. ADOPTION OF MEMORANDUM OF UNDERSTANDING WITH THE CITY EMPLOYEES’ ASSOCIATION, FIREFIGHTERS’ ASSOCIATION, POLICE OFFICERS’ ASSOCIATION, RESOLUTION NO. R-24-16, APPROVING A

COMPENSATION PLAN FOR UNREPRESENTED EMPLOYEES, AND
RESOLUTION NO. R-24-20, APPROVING CONTINUATION OF EMPLOYEE

CONTRIBUTION OF IAFF MEDICAL EXPENSE REIMBURSEMENT PLAN Recommendation: Staff recommends that the City Council adopt the MOUs with all of the employee associations, adopt Resolution No. R-24-16, and adopt Resolution No.

R-24-20. If Council concurs, an appropriate motion would be:
“I move to…
AGENDA – MAY 31, 2024 Page 3 of 885
Adopt the Memorandum of Understandings for the City Employees’ Association, Firefighters’ Association and Police Officers’ Association; Adopt Resolution No. R-24-16, amending Resolution No. R-24-04 and approving a compensation plan for unrepresented employees; and
Adopt Resolution No. R-24-20, to approve employee contributions to the IAFF Medical Expense Reimbursement Plan Effective July 1, 2024.”

2. PRESENTATION AND ADOPTION OF THE PROPOSED OPERATING & CAPITAL BUDGET FOR FISCAL YEAR 2024-25
Recommendation: Staff recommends that the City Council adopt Resolution No. R-24- 17, adopting the Operating and Capital Budget for Fiscal Year 2024-25, adopt Resolution No. R-24-19, amending Resolution No. R-21-10 to include Fee S-073 Bus/Van/Valet Parking Permits, adopt Resolution No. R-24-14, adopting the Salary Schedule for FY 2024-2025, and adopt Resolution No. R-24-15, approving new job classifications/specifications for the position of part-time Special Projects Coordinator.

If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt (1) Resolution No. R-24-17, Adopting the Operating and Capital Budget for the Fiscal Year 2024-25 and Appropriating the Amounts Specified therein from the Funds and for the Purposes Indicated; (2) Resolution No. R-24-19 amending Resolution No. R-21-10 to Include Fee S-073 Bus/Van/Valet Parking Permits; (3) Resolution No. R-24-14, Adopting the Salary Schedule for FY 2024-2025; and (4) Resolution No. R-24-15, Approving New Job Classifications/Specifications for the Position of Part-Time Special Projects Coordinator.”

3. APPROVAL OF SAN MARINO CENTER RENOVATION PROJECT NO. 20- 1000 PARTIAL RELEASE OF RETENTION IN THE AMOUNT OF $300,000

TO CABD CONSTRUCTION AND DISCUSS USE OF REMAINING

FURNITURE, FIXTURES & EQUIPMENT AND CONTINGENCY BUDGET
Recommendation: Staff recommends the City Council 1) approve Item #1 for the installation of the lower rooftop screening, 2) approve partial release of the project’s retention payment in the amount of $300,000 to CABD Construction, and 3) provide direction on the remaining Items #2-4.

If the Council concurs, an appropriate motion would be:

Option 1:
“I move to approve Item #1 related to the San Marino Center Renovation (lower roof screening), and direct staff to partially release the project’s retention payment in the amount of $300,000 to CABD Construction.”
Option 2:
“I move to approve Item #1 and (insert any combination of items #2, #3, and #4) AGENDA – MAY 31, 2024 Page 4 of 885
related to the San Marino Center Renovation, and direct staff to partially release the project’s retention payment in the amount of $300,000 to CABD Construction.”

CONSENT CALENDAR

4. APPROVAL OF RESOLUTION NO. R-24-18 ESTABLISHING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25
Recommendation: Staff recommends adoption of the proposed FY 2024-25 appropriations limit and the appropriations subject to limitation for the City of San Marino. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Resolution No. R-24-18, Establishing the Appropriations Limit and Appropriations Subject to Limitation for Fiscal Year 2024-25.”

5. APPOINTMENT OF MEMBERS TO CITY OF SAN MARINO ADVISORY BODIES
Recommendation: The Council Liaisons for the Planning Commission recommend the Council appointment of three (3) regular members and one (1) alternate member to serve four-year terms, each commencing on June 1, 2024.

The Council Liaisons for the Design Review Committee recommend the Council appointment of three (3) regular members and one (1) alternate member to serve two-year terms, each commencing on June 1, 2024.

The Council Liaisons for the Public Safety Commission recommend the Council appointment of two (2) regular members to serve four-year terms each commencing on June 1, 2024.

The Council Liaisons for the Library Board of Trustees recommend the Council appointment of two (2) regular members to serve three-year terms each commencing on June 1, 2024.

If Council concurs, the appropriate motions would be:
“I move to appoint Kevin Cheng, Sharon Mequet, and Joyce Gatsoulis Batnij as regular members and Brett Leitner as an alternate member of the Planning Commission to serve terms ending May 31, 2028.”
“I move to appoint Raymond Cheng, Ted Lee, and Steven Jones as regular members and Nora Hoyos as an alternate member of the Design Review Committee to serve terms ending May 31, 2026.”
“I move to appoint Charles Martinson and Eliot Hodges as regular members of the Public Safety Commission to serve terms ending May 31, 2028.” AGENDA – MAY 31, 2024 Page 5 of 885
“I move to appoint Vivi Wahl and Genevieve Chien as regular members of the Library Board of Trustees to serve terms ending May 31, 2027.”

WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.

FUTURE AGENDA ITEMS

ADJOURNMENT
Posted: 5/24/2024 ALISON WALKER

CITY CLERK

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government

BACKGROUND
Memorandums of Understanding (MOU) are important employment tools in the 24/7/365 public service realm where jobs are often dangerous, require the highest levels of accuracy and integrity, and can be difficult to successfully recruit for. As such, MOUs help define expectations, conditions, wages, benefits, and other details in order to successfully maintain a workforce capable of meeting a community’s expectations.

The City of San Marino maintains MOUs with the San Marino City Employees’ Association (CEA), Firefighters Association (FFA), and Police Officers Association (POA) which collectively represent 93 City employees. All three of these MOUs are due to expire June 30, 2024, and in order to effectively deliver services to the community, should be renewed.

TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Lizette Guerrero, Human Resources Director
DATE: May 31, 2024
SUBJECT: ADOPTION OF MEMORANDUMS OF UNDERSTANDING
WITH THE CITY EMPLOYEES’ ASSOCIATION,
FIREFIGHTERS’ ASSOCIATION, POLICE OFFICERS’
ASSOCIATION, RESOLUTION NO. R-24-16, APPROVING A

COMPENSATION PLAN FOR UNREPRESENTED
EMPLOYEES, AND RESOLUTION NO. R-24-20,

APPROVING CONTINUATION OF EMPLOYEE

CONTRIBUTION OF IAFF MEDICAL EXPENSE

REIMBURSEMENT PLAN
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 6 of 885
Management and part time classifications/positions are not formally represented and therefore do not have an MOU; instead, those classifications are governed by a resolution adopted by the City Council, which serves to establish (1) compensation, benefits, and any procedural, rights, or protections that are of particular interest, (2) items that are not already part of the existing Personnel Rules & Regulations or current policies, and/or (3) items that revise existing provisions. Although not subject to the legal meet-and-confer process, the City Council considers compensation for unrepresented employees on a regular basis, typically in conjunction with the timelines for the represented associations.

At the Council’s direction, the City and Associations engaged in the meetand-confer process beginning in October 2023. Notably, the start of negotiations began earlier than in years past with the goal of concluding negotiations prior to the expiration of the current MOUs (June 30, 2024) and in advance of the adoption of the City’s Fiscal Year 2024-25 budget. This had not been accomplished with several of the most recent negotiations, leading to uncertainty with employees, organizational planning issues, and difficulty in budgeting. With the partnership of all three Associations, and over the course of more than a dozen meetings between negotiators, in addition to 7 meetings with the City Council, this report and the accompanying agreements represent the successful attainment of these goals among others.

DISCUSSION
Upon kickoff of current negotiations process, the City Council identified several general philosophies of importance in dealing with labor related issues. The philosophies identified, in no particular order are:

1. Focus on Staff Retention – Explore methods, practices, and tools to reduce staff turnover, which would help the City avoid costs associated with continuous recruitment and training efforts, reduce the loss of institutional knowledge, and maintain continuity of operations.

2. High Quality Public Servants – Attract and maintain public servants of the highest caliber to match the service expectations of the community, including individuals with high levels of education, training, unique skills, and experience.

3. Cultivation of a Strong Workplace Culture – Provide opportunities and benefits to keep an enthusiastic and committed workforce who are proud to uphold the community’s values, traditions, and position for a strong future.

PAGE 7 of 885

4. Equity in Benefits Across Work Groups – Ensuring that an equitable set of benefits are provided to employees to recognize collective value and positively influence organizational morale.

5. Maintain San Marino’s Strong Reputation in the Region – Build on San Marino’s status as one of the best places to work while recognizing the characteristics that set San Marino apart including civic/community connections, economic conditions, opportunities, and challenges.

6. Be Mindful of The Future – Safeguard the City’s long-term financial position related to debt obligations while staying competitive with the overall market.

Although negotiations were carried out individually with each respective Association and the unrepresented employees given the diverse nature of the positions they each represent, some similarities exist in the final terms that were agreed to. Below is a summary of the substantial elements which were agreed to similarly by each Association and the unrepresented employees:
▪ Term: The MOUs will span three years, from July 1, 2024, through June 30, 2027.
▪ Base Salary Increases: A base salary increase of 4% each year effective July 1, 2024, July 1, 2025, and July 1, 2026. ▪ Medical Benefits: Continuation of the City’s funding of medical insurance premiums.
▪ Longevity Pay: A retention incentive pay of 2% at 10, 15, and 20 years of full-time service to the City.
▪ Holiday: Recognition of Martin Luther King, Jr. as a City holiday. This provision applies differently to each Association given the varying hours of operations.

While the summarized items above represent the majority of the items negotiated with each Association, various smaller items were agreed to or modified within each MOU and can be found with additional detail in Attachments 1 through 8.

In addition to the MOUs for CEA, FFA, POA, and a resolution covering unrepresented employees, this agenda item also includes a resolution authorizing the continuation of employee contributions to the International Association of Fire Fighters (IAFF) Medical Expense Reimbursement Plan of PAGE 8 of 885
promoted employees (Attachment 9) specifically related to the FFA. This item was requested by, and is only available to members of the FFA.

The IAFF Medical Expense Reimbursement Plan (MERP) is a tax-exempt, multi-employer Voluntary Employee's Beneficiary Association Plan (VEBA), that allows participating firefighters to set aside dollars during active employment. There is no cost or assumed liability to the City. Deferrals are made through recurring payroll and must be equal across the bargaining unit’s members as defined in the FFA MOU. IRS rules prohibit individual elections; therefore, all represented members of the unit must participate.

Upon separation from the City and meeting plan eligibility requirements, the employee's contributions determine a lifetime monthly tax-free benefit used to offset post-employment/retirement healthcare expenses as defined by IRC 213(d), including health insurance premiums and medical expenses. The lifetime benefit plan design, with a survivor continuance for the spouse, is structured similar to a defined benefit plan, making it unique when compared to other Retiree Health Savings Accounts.

FISCAL IMPACT & PROCUREMENT REVIEW
The total estimated new direct fiscal impact of the new MOUs for the Fiscal Year 2024-25 compared to Fiscal Year 2023-24’s estimated budgeted amounts is as follows:
• CEA $380,158 (Representing 46 employees)
• FFA $184,488 (Representing 18 employees)
• POA $220,941 (Representing 29 employees)
• Unrepresented Employees $358,442 (Representing 47 employees) These costs have already been included as part of the City Manager’s Proposed Operating & Capital Budget for Fiscal Year 2024-25 to be approved at today’s City Council meeting. No further appropriations are needed at this time for Fiscal Year 2024-25.

Procurement review is not applicable.

LEGAL REVIEW
The City Attorney’s Office has reviewed this report and approved it as to form. Additionally, the City’s Labor Council has reviewed all of the MOUs and Unrepresented Employees Resolution and ensured compliance with applicable labor laws.

PAGE 9 of 885

RECOMMENDATION
Staff recommends that the City Council adopt the MOUs with all of the employee Associations, adopt Resolution No. R-24-16, and adopt Resolution No. R-24-20. If Council concurs, an appropriate motion would be:
“I move to…

1. Adopt the Memorandum of Understandings for the City Employees’ Association, Firefighters’ Association and Police Officers’ Association;

2. Adopt Resolution No. R-24-16, amending Resolution No. R-24-04 and approving a compensation plan for Unrepresented Employees; and

3. Adopt Resolution No. R-24-20, to approve employee contributions to the IAFF Medical Expense Reimbursement Plan Effective July 1, 2024.”

ATTACHMENTS

1. City Employees’ Association MOU – clean copy

2. City Employees’ Association MOU – red line version

3. Firefighters’ Association MOU – clean copy

4. Firefighters’ Association MOU – red line version

5. Police Officers’ Association MOU – clean copy

6. Police Officers’ Association MOU – red line version

7. Resolution No. R-24-16 - Unrepresented Employees Salary and Benefits Schedule- clean copy

8. Resolution No. R-24-16 - Unrepresented Employees Salary and Benefits Schedule- red line version

9. Resolution No. R-24-20 - IAFF Medical Expense Reimbursement Plan PAGE 10 of 885

CITY OF SAN MARINO
AND

SAN MARINO CITY EMPLOYEES'

ASSOCIATION REPRESENTING

GENERAL,

SUPERVISORY, AND

CONFIDENTIAL

EMPLOYEES

MEMORANDUM OF UNDERSTANDING
July 1, 2024 through June 30, 2027
PAGE 11 of 885
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TABLE OF CONTENTS

SECTION HEADING PAGE
ARTICLE 01 RECOGNITION OF THE ORGANIZATION .............................................................................6 Section 01.01. RECOGNITION............................................................................................................................6 Section 01.02. MAJORITY REPRESENTATION ..............................................................................................6 Section 01.03. FILING OF PETITIONS...............................................................................................................6 ARTICLE 02 NON-DISCRIMINATION PLEDGE.............................................................................................6 Section 02.01. EMPLOYEE RIGHTS ..................................................................................................................6 Section 02.02. NO DISCRIMINATION.................................................................................................................6 Section 02.03. SAFETY.........................................................................................................................................6 ARTICLE 03 CITY RIGHTS ...............................................................................................................................7 Section 03.01. RESERVED RIGHTS..................................................................................................................7 Section 03.02. IMPACT OF CITY RIGHTS.........................................................................................................8 ARTICLE 04 ORGANIZATION RIGHTS..........................................................................................................8 Section 04.01. DUES DEDUCTIONS..................................................................................................................8 Section 04.02. INDEMNIFICATION .....................................................................................................................8 Section 04.03. DEFINITIONS ...............................................................................................................................9 Section 04.04. STEWARDS' RIGHTS.................................................................................................................9 Section 04.05. REPORTING FORM................................................................................................................. 10 Section 04.06. STEWARD'S PERMISSION TO LEAVEWORK LOCATION.............................................. 10 Section 04.07. INCREASED COMMUNICATION BETWEEN THE ASSOCIATION AND THE CITY... 10 Section 04.08. ALLOWED TIME FOR STEWARDS ...................................................................................... 10 ARTICLE 05 NO STRIKE - NO LOCKOUT PLEDGE................................................................................. 10 Section 05.01. ASSOCIATION PROHIBITED CONDUCT........................................................................... 10 Section 05.02. CITY PROHIBITED CONDUCT.............................................................................................. 11 Section 05.03. ASSOCIATION RESPONSIBILITY ........................................................................................ 11 Section 05.04. CITY RIGHT TO SUE............................................................................................................... 11 ARTICLE 06 PROBATION.............................................................................................................................. 11 Section 06.01. PROBATION PERIOD.............................................................................................................. 11 Section 06.02. PERMANENT STATUS ........................................................................................................... 11 ARTICLE 07 GRIEVANCES ...........................................................................................................................11 Section 07.01. PURPOSE OF GRIEVANCE PROCEDURE........................................................................11 Section 07.02. GRIEVANCE..............................................................................................................................12 Section 07.03. GUIDELINES .............................................................................................................................12 PAGE 12 of 885
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Section 07.04. TIME LIMITS..............................................................................................................................13 Section 07.05. NO CHANGES...........................................................................................................................13 Section 07.06. ADVISORY ARBITRATION.....................................................................................................13 ARTICLE 08 WAGE AND SALARY POLICY...............................................................................................14 Section 08.01. BASIC COMPENSATION PLAN ............................................................................................14 Section 08.02. SALARY AND WAGE SCHEDULES .....................................................................................14 Section 08.03. ADMINISTRATION OF BASIC COMPENSATION PLAN...................................................14 Section 08.04. BEGINNING RATES.................................................................................................................14 Section 08.05. SERVICE....................................................................................................................................15 Section 08.06. ADVANCEMENT WITHIN SCHEDULE.................................................................................15 Section 08.07. REDUCTION IN SALARY STEPS..........................................................................................16 Section 08.08. COMPENSATION INCREASES FOR PROMOTIONS.......................................................16 Section 08.09. COMPENSATION ON DEMOTION .......................................................................................16 Section 08.10. DISPATCHER ACTING DUTY PAY.......................................................................................16 Section 08.11. SEWER PAY..............................................................................................................................16 Section 08.12. PERFORMANCE PAY.............................................................................................................16 Section 08.13. OUT OF CLASS PAY ...............................................................................................................16 Section 08.14. BILINGUAL PAY (DISPATCHERS ONLY)............................................................................17 Section 08.15. TRAINING INCENTIVE PAY (DISPATCHERS ONLY)................................................. 17 Section 08.16. SHIFT DIFFERENTIAL PAY (DISPATCHERS ONLY)................................................. 17 Section 08.17. LONGEVITY PAY.......................................................................................................... 17 ARTICLE 09 OTHER WAGE AND HOURLY BENEFITS ..........................................................................17 Section 09.01. ......................................................................................................................................................17 Section 09.02. OVERTIME WORKED..............................................................................................................18 Section 09.02A OVERTIME (COMPENSATORY TIME)................................................................................18 Section 09.03. COMPENSATORY TIME.........................................................................................................18 Section 09.04. CALL BACK COMPENSATION ..............................................................................................19 Section 09.05 CONSECUTIVE SHIFTS.........................................................................................................19 Section 09.06 STANDBY...................................................................................................................................19 Section 09.07 DEFFERED COMPENSATION CONTRIBUTION................................................................20 ARTICLE 10 EDUCATION WAGE BENEFIT AND CAREER DEVELOPMENT PROGRAM ......20 Section 10.01. TUITION REIMBURSEMENT PLAN ...................................................................................... 20 Section 10.02. LIMITATIONS ON TUITION REIMBURSEMENT................................................................ 21 Section 10.03. ALLOCATION OF FUNDS ...................................................................................................... 21 ARTICLE 11 TRAVEL ALLOWANCE ..........................................................................................................22 Section 11.01. AUTOMOBILE ALLOWANCE................................................................................................. 22 ARTICLE 12 UNIFORM ALLOWANCE .......................................................................................................22 Section 12.01. FIELD EMPLOYEES................................................................................................................ 22 Section 12.02. DISPATCHER/CLERKS.................................................................................................23 Section 12.03. DRESS GUIDELINES ....................................................................................................23 PAGE 13 of 885
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ARTICLE 13 VACATION BENEFIT............................................................................................................... 23 Section 13.01. INCREMENTS OF ACCRUAL AND USE ............................................................................. 23 Section 13.02. USE OF VACATION ................................................................................................................. 24 Section 13.03. VACATION PAYMENT AT TERMINATION.......................................................................... 24 Section 13.04. ELIGIBILITY............................................................................................................................... 25 ARTICLE 14 HOLIDAY BENEFIT.................................................................................................................. 25 Section 14.01. HOLIDAY DATES...................................................................................................................... 25 Section 14.02. HOLIDAYS WORKED.............................................................................................................. 26 Section 14.03. ELIGIBILITY............................................................................................................................... 26 Section 14.04. HOLIDAY ON VACATION DAY.............................................................................................. 26 Section 14.05. HOLIDAY ON A WEEKEND.................................................................................................... 26 Section 14.06. FLOATING HOLIDAY............................................................................................................... 26 ARTICLE 15 LEAVES OF ABSENCE........................................................................................................... 27 Section 15.01 ADMINISTRATIVE LEAVE ...................................................................................................... 27 Section 15.02. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY...................................................... 27 Section 15.03. EXTENDED LEAVE OF ABSENCE....................................................................................... 27 Section 15.04. MILITARY LEAVEOF ABSENCE ........................................................................................... 28 Section 15.05. SICK LEAVE.............................................................................................................................. 29 Section 15.06. BEREAVEMENT LEAVE......................................................................................................... 30 ARTICLE 16 INSURANCE AND RELATED BENEFITS ............................................................................ 30 Section 16.01. MEDICAL BENEFITS............................................................................................................... 30 Section 16.02. OTHER HEALTH BENEFITS.................................................................................................. 30 Section 16.03. EMPLOYEE PARTICIPATION................................................................................................ 30 Section 16.04. CITY CONTRIBUTION ............................................................................................................. 31 Section 16.05. LEGACY CASH OUT PROGRAM .................................................................................31 Section 16.06. RETIREE PARTICIPATION.....................................................................................................32 Section 16.07. LONG TERM DISABILITY INSURANCE .............................................................................32 Section 16.08. LIFE INSURANCE ....................................................................................................................32 Section 16.09. INJURED ON DUTY INSURANCE CONTRIBUTION CONTINUATION ...................... 32 Section 16.10. HEPATITIS B VACCINATIONS .................................................................................... 33 Section 16.11. RETIREMENT HEALTH SAVINGS PLAN .................................................................... 33 ARTICLE 17 RETIREMENT BENEFIT .........................................................................................................33 Section 17.01. P.E.R.S. MEMBERSHIP...........................................................................................................33 ARTICLE 18 SMOKING...................................................................................................................................34 ARTICLE 19 CONDITIONS OF CONTINUED EMPLOYMENT ................................................................34 Section 19.01. NOTICE OF DRIVERS LICENSE SUSPENSION................................................................34 PAGE 14 of 885
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ARTICLE 20 LAYOFF PROCEDURE ...........................................................................................................34 Section 20.01. NEED FOR LAYOFF ................................................................................................................34 Section 20.02. ORDER OF SEPARATION......................................................................................................34 Section 20.03. BUMPING RIGHTS...................................................................................................................34 Section 20.04. WRITTEN NOTICE OF LAYOFF/REEMPLOYMENT RIGHTS..........................................34 Section 20.05. REAPPOINTMENT ...................................................................................................................35 Section 20.06. REEMPLOYMENT PROCEDURE.........................................................................................35 ARTICLE 21 AMERICANS WITH DISABILITIES ACT...............................................................................35 ARTICLE 22 REOPENNERS DURING THE MEMORANDUM OF UNDERSTANDING .......................35 ARTICLE 23 WORK SCHEDULES................................................................................................................36 ARTICLE 24 TEMPORARY SUPPLEMENTAL HELP................................................................................38 ARTICLE 25 SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ................................... 38 ARTICLE 26 WAIVER OF BARGAINING DURING THE TERM OF THIS CONTRACT ................... 39 ARTICLE 27 EMERGENCY WAIVER PROVISION........................................................................... 39 ARTICLE 28 SEPARABILITY PROVISION........................................................................................ 39 ARTICLE 29 TERM OF MEMORANDUM OF UNDERSTANDING AND REOPENER...................... 39 ARTICLE 30 RATIFICATION AND EXECUTION............................................................................... 40 ATTACHMENT "A" EMPLOYMENT CLASSIFICATIONS .................................................................. 41 ATTACHMENT "B" WAGE SCHEDULES .......................................................................................... 42 PAGE 15 of 885
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ARTICLE 01

RECOGNITION OF THE ORGANIZATION
Section 01.01. RECOGNITION. The City of San Marino (hereinafter called the "City") has recognized San Marino City Employees' Association (hereinafter called the "Association") as the majority representative of employees in the classifications designated in Attachment "A" to this Memorandum of Understanding (affected employees).

Effective July 1, 2019, what were formerly the “General Employees Association” and the “Supervisory/Confidential Employees Association” have been merged into a single combined Association.

Section 01.02. MAJORITY REPRESENTATION. The City shall recognize the Association as the majority representative of all employees in these classifications for the purpose of meeting its obligations under this Contract, the Meyers-Milias-Brown Act, Government Code 3500 et seq., when the City rules, regulations, or laws affecting wages, hours, and other terms and conditions of employment are appropriately amended or changed.

Section 01.03. FILING OF PETITIONS. This written Contract shall bar the filing of a Petition for Certification or Petition for Decertification of a recognized employee organization for this employee representation unit during the term of the contract; except that a Petition for Certification or Decertification may be filed during a period beginning not earlier than 120 calendar days and ending not less than 90 calendar days before expiration of said contract.

ARTICLE 02

NON-DISCRIMINATION PLEDGE
Section 02.01. EMPLOYEE RIGHTS. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in such activities in accordance with Government Code Sections 3500 et seq.

Section 02.02. NO DISCRIMINATION. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, ancestry, political or religious opinions or affiliations, marital status, disability, Association membership, or medical condition as defined by State and Federal law.

The City and the Association shall reopen any provision of this Contract for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Contract in compliance with State or Federal anti-discrimination laws.

Section 02.03. SAFETY. The City shall fairly apply all laws regarding work-related injuries. The City and Association shall utilize the City's safety committee to address employee safety concerns. The City and Association are mutually committed to maintaining a safe workplace and providing adequate training.

PAGE 16 of 885
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ARTICLE 03

CITY RIGHTS
Section 03.01. RESERVED RIGHTS. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive exercise of rights of Management, as they are not abridged by this Contract or by law, shall include but not be limited to the following rights:
(A) To manage the City generally and to determine the issues of policy; (B) To determine the existence or nonexistence of facts which are the basis of the Management decision;
(C) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
(D) To determine the nature, manner, means and technology and extent of services to be provided to the public;
(E) To establish methods of financing;
(F) To establish types of equipment or technology to beused; (G) To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted; (H) To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right to contract for or subcontract any work or operation of the City;
(I) To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;
(J) To relieve employees from duties for lack of work or similar non-disciplinary reasons;
(K) To establish and modify productivity and performance programs and standards for City operations;
(L) To discharge, suspend, demote, or otherwise discipline employees for proper cause;
(M) To determine job classifications and to reclassify employees; PAGE 17 of 885
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(N) To hire, transfer, promote, and demote employees for non-disciplinary reasons, in accordance with this Memorandum of Understanding and the City's Rules and Regulations;
(O) To determine policies, procedures, and standards;
(P) To establish employee performance standards, including but not limited to quality and quantity standards; and to require compliance therewith; (Q) To maintain order and efficiency in its facilities and operations; (R) To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Contract; (S) To take any and all necessary action to carry out the mission of the City in emergencies;
(T) To determine the mission of its constituent departments, boards and commissions;
(U) To establish the need and use of personnel information for employees and the means by which that information is to be provided. Employees retain their rights to privacy as provided by law.

Section 03.02. IMPACT OF CITY RIGHTS. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact upon employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding.

ARTICLE 04

ORGANIZATION RIGHTS
Section 04.01. DUES DEDUCTIONS. The City shall continue its present policy of payroll deductions on a twice a month basis of Association dues and assessments, and insurance payments, in the amount certified to be current by the Treasurer of the Association as authorized in writing by the individual employees. The total amount of deductions, together with a current list of Association members, shall be remitted by the City to the Treasurer of the Association within five (5) calendar days after each pay period.

Section 04.02. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association caused by the Association's negligence. The Association shall notify the City within ten (10) calendar days of any discrepancy(ies) concerning Association dues or other payroll deductions pursuant PAGE 18 of 885
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to this Article. If the Association does not notify the City of any discrepancy within ten (10) days, the City shall be relieved of any responsibility for any asserted discrepancy.

Section 04.03. DEFINITIONS. For the purposes of this Contract, the following definitions shall be used:

A. Reasonable number of stewards should be interpreted to mean one steward for each department.

B. Reasonable amount of time to promptly and expeditiously investigate and process grievances shall not be specifically defined in this context for it might be viewed as encouraging abuse. "Promptly and expeditiously" obviously relate to the amount of time spent. The word "process" in this context means only to discuss the matter with the grievant, record information, advise or recommend action, assist in the completion of documents necessary to formal grievance processing, investigate allegations which may form the basis for the grievance, and, if so requested, appearance with the grievant at the first formal level of grievance resolution.

C. Grievance for the purpose of this Contract, a grievance is defined as:
(1) A claimed violation, misinterpretation, inequitable application, or noncompliance with the provisions of the current Memorandum of Understanding or any supplemental contracts; and
(2) A claim by any employee or by the Association in his/her, their, or its own behalf, of a violation, misinterpretation, or inequitable application of existing policy, orders, rules and regulations, or then existing policy, orders, rules and regulations, or then existing practice, applicable to the public jurisdiction or its employees or the Association.

D. Cognizant supervisor means the most immediate supervisor present at the work location.

Section 04.04. STEWARDS' RIGHTS. The Association may select a reasonable number of stewards for the unit. The Association shall give to the City a written list of employees who have been selected as stewards. This list shall be kept current by the Association.

Stewards may spend a reasonable amount of time to promptly and expeditiously investigate and process grievances without loss of pay or benefits of any kind. Stewards shall be free from reprisal and shall not in any way be coerced, intimidated, or discriminated against as a result of their activities and roles as stewards.

Stewards, when leaving their work locations to transact such investigations or processing, shall first obtain permission from their immediate supervisor and inform him of the nature of the business. Permission to leave will be granted promptly unless such absence would cause undue interruption of work. If such permission cannot be granted promptly, the steward will be immediately informed of an available time.

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Upon entering a work location, the steward shall inform the cognizant supervisor of the nature of his/her business. Employee will promptly be given permission to leave the job unless such absence would cause an undue interruption of work. If the employee cannot be made available at that time, the steward will immediately be informed when the employee will be made available.

The Association agrees that a steward shall not log compensatory time or overtime pay for the time spent performing any function of a steward.

The role of the steward is to provide timely grievance representation at the first steps of the grievance procedure in an effort to resolve grievance at the lowest possible level and to increase communications between the Association and the City.

Section 04.05. REPORTING FORM. The Association does not object to the use of a form for the purpose of recording the amount of time spent on grievances by stewards.

Such a form might provide for signatures of affected supervisors, reasons for refusals if release time is not granted, and exact time in and time out notations. An evaluation of such forms could be of value in determining what a "reasonable amount of time" is, and might point to the "personnel problem areas."
Section 04.06. STEWARD'S PERMISSION TO LEAVE WORK LOCATION. As indicated above, both permission and denial of a request to leave a work location by a steward shall be recorded with the date and time and signed by supervisor on the appropriate form. Notations as to the reasons for a possible denial of the request and a time when the request to leave the work location is expected to be made available should also be recorded on this form.

Section 04.07. INCREASED COMMUNICATION BETWEEN THE ASSOCIATION AND THE CITY. The City might reasonably expect that the Association would report the results of any meeting wherein employees have been permitted to participate on City time in their role as shop stewards. This would be intended specifically to cover those situations wherein the grievance might not be pursued beyond the initial or informational stage.

Section 04.08. ALLOWED TIME FOR STEWARDS. City agrees to allow stewards a maximum of two (2) hours per week to transact and discuss Association business during their regular working hours, unless prior approval of an amount greater than two (2) hours has been given by the City Manager and approved by the immediate supervisor.

ARTICLE 05

NO STRIKE - NO LOCKOUT PLEDGE
Section 05.01. ASSOCIATION PROHIBITED CONDUCT. The Association, its officers, agents, representatives and/or members agree that during the term of this Contract they will not cause or condone any strike, walkout, slowdown, or any other concerted job action by withholding or refusing to perform services. A violation of this Section by any employee shall constitute just cause for discharge pursuant to Article 03. Compliance with the request of other labor organizations to engage in such activity is included in this prohibition.

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Section 05.02. CITY PROHIBITED CONDUCT. The City agrees that it shall not lockout its employees during the term of this Contract. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this Contract or applicable ordinance or law.

Section 05.03. ASSOCIATION RESPONSIBILITY. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 05.01 herein, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding, and request that all such persons immediately cease engaging in conduct prohibited in Section

05.01, and return to work.

If the Association acts in good faith to meet its responsibilities as set forth above, the Association, its officers, agents, representatives, and its members shall not be liable for any damages for prohibited conduct engaged in any employees who are covered by this Contract.

Section 05.04. CITY RIGHT TO SUE. Notwithstanding Section 05.03 herein, the City shall have the right to bring suit for damages and/or equitable relief in the Courts for breach of this Article against the Association, its officers, agents, representative or members.

ARTICLE 06

PROBATION
Section 06.01. PROBATION PERIOD. An employee initially appointed to a class shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. For all general non-management employees, except Dispatcher/Clerks, the initial probationary period shall be twelve (12) months. Dispatcher/Clerks shall be subject to an initial probationary period of eighteen (18) months. An employee who has been promoted to a higher classification shall be on probation for six (6) months. Under certain conditions, if necessary to adequately evaluate such employee, with the approval of the City Manager and the Department Head, the probationary period may be shortened or extended for no more than an additional six (6) months.

Section 06.02. PERMANENT STATUS. The employee shall attain permanent status in the class upon successful completion of the probationary period.

ARTICLE 07

GRIEVANCES
Section 07.01. PURPOSE OF GRIEVANCE PROCEDURE. This grievance procedure as defined in Section 04.03 (c) establishes a means by which an employee grievance may be considered, discussed, and resolved in a timely manner and at the closest possible level to the point of origin.

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Section 07.02. GRIEVANCE. A grievance shall be defined as:
(1) A claimed violation, misinterpretation, inequitable application, or noncompliance with the provisions of the current Memorandum of Understanding or any supplemental contracts; and
(2) A claim by any employee or by the Association in his/her, their, or its own behalf, of a violation, misinterpretation, or inequitable application of existing policy, orders, rules and regulations, or then existing policy, orders, rules and regulations, or then existing practice, applicable to the public jurisdiction or its employees or the Association.

Section 07.03. GUIDELINES.
(1) The grievant is entitled to representation of his/her choice. (2) Employees are assured freedom from reprisal for using the grievance procedure. An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, shall not in any way be coerced, intimidated, or discriminated against.
(3) The grieving employee and/or his/her representative may use a reasonable amount of work time in conferring and presenting the grievance and appeal.

However, no employee shall be absent from the assigned workplace without first obtaining approval from the employee's supervisor. (4) There shall be an earnest effort on the part of both parties to settle the grievance promptly through the earliest of the steps listed below:

Step 1. An employee's grievance must be submitted to the employee's first line supervisor or management representative immediately in charge of the aggrieved employee within fifteen (15) calendar days after the event giving rise to the grievance, or reasonable knowledge of the event giving rise to the grievance. In cases where an immediate supervisor was not available for some unforeseen circumstance, an additional seven (7) calendar days is allowed. The supervisor or management representative shall give his/her answer to the employee by the end of the fifth (5th) calendar day following the presentation of the grievance, and the giving of such answer will terminate Step 1.

Such meeting will take place within ten (10) calendar days from the date the grievance is received by the Department Head. The Department Head may invite other members of management to be present at such meeting. The Department Head shall give a written reply by the end of the tenth (10th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2.

Such meeting will take place within ten (10) calendar days from the date the grievance is referred to Step 3. A written decision shall be rendered within ten (10) days from the date of such meeting.

Section 07.04. TIME LIMITS. The limits set forth above may be extended by mutual written consent between the parties, but neither party shall be required to agree.

Section 07.05. NO CHANGES. It is not intended that the grievance procedure be used to effect changes in the established salary and fringe benefits.

Section 07.06. ADVISORY ARBITRATION. Grievances which are not settled pursuant to the grievance procedure above and which employee desires to contest further, shall be submitted to arbitration as provided below:
(A) As soon as possible and in any event not later than ten (10) calendar days after the City Manager has received written notice from the employee of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said ten (10) calendar days, an arbitrator shall be selected from a list of five (5) arbitrators submitted by the State Conciliation Service or Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot.
(B) Either the City or the employee may call any employee as a witness, and the City agrees to release said witness from work if he/she is on duty. (C) The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Contract. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other.
(D) The decision of the arbitrator within the limits herein prescribed shall be advisory to the City Council.
(E) The arbitrator may hear and determine only one grievance at a time without the expressed agreement of the City and the Association.

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(F) The cost of the arbitration shall be shared equally between the City and the Association.

ARTICLE 08

WAGE AND SALARY POLICY
Section 08.01. BASIC COMPENSATION PLAN. There is hereby established a basic compensation plan for all employees subject to this Contract who are now employed or will in the future be employed in any of the designated classifications of employment listed in Attachment A.

Section 08.02 SALARY AND WAGE SCHEDULES. Effective July 1, 2024, all classifications shall receive a base salary increase of four percent (4%).

The respective ranges shall be identified by steps, by the letters "A" to "E" inclusive.

Effective July 1, 2022, the Salary Schedule will include salary steps that are 5% apart; there will be no retroactive implementation of any these changes. Movement into any adjusted salary step will occur prospectively at the time of future salary increases.

The new Salary Schedules are set forth in Attachment B.

Effective July 1, 2025 and July 1, 2026, all classifications shall receive a base salary increase of four percent (4%). The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of five (5) steps or rates of pay in each range.

Section 08.03. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the monthly salary schedule in Attachment "B" hereof are monthly compensation rates.

The hourly rate of pay shall be the monthly rate multiplied by twelve (12) and divided by 2080. In determining the hourly rate as herein provided, compensation shall be made to the nearest cent.

Section 08.04. BEGINNING RATES. A new employee of the City of San Marino shall be paid the rate shown in Step "A" of the range allocated to the classification of employment for which the employee has been hired, except that on the request of the Department Head under whom the
employee will serve, and with the authorization of the City Manager, such employee may be placed in Step "B", "C", "D", or "E", depending upon the employee's qualifications.

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Section 08.05 SERVICE. The word “service,” as used in this Memorandum of Understanding, shall be defined to mean continuous, full-time service in the employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employees for the purpose of this Contract. Such employees reentering the service of the City shall be considered as a new employee, except that the employee may be reemployed within one (1) year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the termination of employment, at the discretion of the Department Head and approved by the City Manager.

Section 08.06. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancement within ranges:
(A) Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "A" to Step "B" effective the first day of the next pay period following the date of successful completion of initial probation.
(B) Merit Advancement. An employee shall be considered for advancement from one Step to the next highest Step upon completion of the minimum length of service as required. If it is determined that an employee is eligible for a merit advancement, the effective date of the merit advancement shall be the employee's anniversary date. Advancement to any step may be granted if an employee demonstrates ability and proficiency in the performance of his/her duties. Such merit advancement shall require the following:
(1) The Department Head shall file with the City Manager a statement recommending the grant or denial of the merit increase and supporting such recommendation with specific reasons, therefore.
(2) If the recommendation is approved by the City Manager, the Human Resources Director shall forward the approved recommendation to the Finance Department to effect a change in payroll status. (C) Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of the employee's duties, the Department Head may recommend to the City Manager that said employee be advanced to a higher step without regard to the minimum length of service provisions contained in this Memorandum of Understanding. The City Manager may, on the basis of the Department Head's recommendation, approve or deny such advancement. (D) Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to a higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subsection (B) herein.

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Section 08.07. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step "A" may have his/her salary reduced by one or more steps upon the recommendation of the Department Head with the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 08.06, and such employee may be considered for readvancement under the provisions as contained in subsection (C) of Section 08.06. An employee's salary cannot be reduced until his or her due process appeal rights to the City Manager have been exhausted, with exception to terminations.

Section 08.08. COMPENSATION INCREASES FOR PROMOTIONS. Any full-time employee promoted to a higher classification shall receive an increase in compensation which is at least five percent (5%) higher than the employee's last salary. The date of promotion shall then be considered the new anniversary date for purposes of eligibility for further compensation increases, except that no merit increase shall be considered until after six (6) months in the higher classification regardless of the requirement for a probationary period, as stated in Section 06.01, Probationary Period.

Any part-time employee promoted to a full-time position within the classified service shall receive compensation at the minimum step for the classification range. The schedule for eligibility for increases as stated in Section 08.06 of this Article shall apply for such employees.

Section 08.09. COMPENSATION ON DEMOTION. When an employee is demoted, the employee shall retain the same step as the employee held in the previous salary range.

Increases in compensation shall thenceforth be in accordance with the schedule set forth in Section 08.06 of this Article as if the employee was originally employed in the new classification range.

Section 08.10. DISPATCHER ACTING DUTY PAY. An employee directed to work as a dispatcher for four or more hours shall be paid for the time worked as a dispatcher at his/her current step on the dispatcher salary range. Overtime shall be paid after 40 hours in a work period.

Section 08.11. SEWER PAY. An employee directed by his or her department manager to work in a sewer shall receive an additional three (3) hours of pay at the rate of time and one-half.

Section 08.12. PERFORMANCE PAY. Affected employees shall be eligible to receive performance pay in recognition of continued exceptional performance or a singular exceptional achievement. Whether a bonus is to be given, and the timing and amount thereof, shall be in an atmosphere of fairness and mutual understanding subject to the discretion of the Department Head, with approval of the City Manager. No bonus shall exceed seven percent (7%) of the employee's fiscal year salary. Award of performance pay shall be accompanied by a written performance evaluation.

Section 08.13 OUT OF CLASS PAY. Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that which the employee currently holds, the employee shall be compensated for that acting role after serving two (2) consecutive weeks in the higher classification. An employee is not entitled to compensation for the first two weeks. The additional compensation for acting pay is five percent (5%) of the employee’s base salary.

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Section 8.14 BILINGUAL PAY. An employee who demonstrates conversational verbal fluency in Cantonese, Taiwanese, Mandarin, and/or Spanish (or any other language as determined by the City Manager) shall receive compensation in the amount of $100 per month ($0.58 per hour). In exchange, the employee agrees to use his/her fluency to communicate and translate as needed. Qualification for bilingual pay shall be subject to successful completion of a proficiency exam as determined by the Human Resources Director. Bilingual pay will start at the beginning of the pay period immediately following the employee's successful completion of a proficiency exam. Biennial requalification will be required for continuation of bilingual pay.

The total number of positions authorized for bilingual pay at any time is at the discretion of the City Manager.

Section 8.15 TRAINING INCENTIVE PAY (DISPATCHERS ONLY). A Dispatcher who spends three (3) consecutive shifts or more performing training duties shall receive compensation in the amount of $100 per month ($0.58 per hour) for that month, or $50 per month if the consecutive shifts cross months, up to a maximum of two (2) employees in any given month.

Section 8.16 SHIFT DIFFERENTIAL PAY (DISPATCHERS ONLY). Any Dispatcher who works the night shift (6pm-6am) for at least a majority of a given month shall receive compensation in the amount of $100 per month ($0.58 per hour) for that month.

Section 8.17 LONGEVITY PAY. An employee shall be eligible to receive additional monthly compensation of base salary at the completion of the designated full-time years of service with the City of San Marino as set forth in the table below:

Years of Service % of Base Salary Per
Month
Year 10 2%
Year 15 4%
Year 20 6%
Longevity Pay compensation shall occur the pay period following the completion of the total years of service.

ARTICLE 09

OTHER WAGE AND HOURLY BENEFITS
Section 9.01. Positions assigned to the Senior Planner and Recreation Supervisor classifications are designated as “exempt,” per the definition of the FLSA and are not eligible for overtime compensation. All other classifications in this Association are considered “non- exempt” and are eligible for overtime compensation.

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Section 09.02. OVERTIME WORKED. For non-exempt employees, overtime is defined as time assigned and worked beyond forty (40) hours in a seven-day work period, running from Sunday to Saturday unless otherwise adjusted by a respective Department.

Overtime shall not include: (1) overtime not authorized by a supervisor; (2) overtime of ten (10) minutes or less or voluntary early reporting.

In determining an employee's eligibility for overtime compensation under this Section, paid leave of absences and unpaid leave of absences shall be deducted from the total hours worked. Paid leaves which shall be deducted from "hours worked" include but may not be limited to:
• Vacation
• Sick leave
• Compensatory leave
• Administrative leave
• Workers' Compensation leave
• Jury duty
• Bereavement leave
• Military leave
• Holiday leave
All employees affected by this contract who are required to work forty (40) hours or less in a seven-day work period shall receive overtime compensation at the regular rate. If compensatory time off is accumulated instead of pay, it shall be accumulated on an hour for hour basis.

Employees required to work in excess of forty (40) hours in a seven-day work period shall receive overtime compensation at time and one-half. If compensatory time off is accumulated instead of pay, it shall be accumulated on a time and one-half basis.

An exception is made for vacation scheduled in advance for three (3) or more consecutive days. This shall count as hours worked in the case of an emergency call-in within the work period.

Dispatcher/Clerks in the Police Department shall receive a minimum of two (2) hours compensation at time and one-half for court-time, if court duty falls on a day not specified as an off-duty day regularly scheduled in advance; provided, however, no additional compensation shall be paid for court-time during regular work hours.

Section 09.02.A. OVERTIME (COMPENSATORY TIME). For Dispatcher/Clerk position, in determining eligibility for overtime compensation under this Section, sick leave, floating holidays and unscheduled vacation do not count as hours worked; other paid leaves are considered hours worked.

Section 09.03. COMPENSATORY TIME. Employees shall be eligible to earn compensatory time up to a maximum of two hundred (200) hours. If an employee reduces his/her compensatory time off balance below the two hundred (200) hour maximum the PAGE 28 of 885
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employee shall be permitted to accumulate compensatory time off until he/she reaches the two hundred 200 hour maximum. All other overtime hours shall be compensated by cash payment.

Use of compensatory time shall be subject to the approval of the Department Head.

Compensatory time shall be paid out annually in July of each year at the rate in which the compensatory time was accrued or earned.

Section 09.04. CALL BACK COMPENSATION. Notwithstanding the Sections in this Article, affected employees called back for work shall be paid a minimum of three (3) hours compensation at
time and one-half. An affected employee shall be deemed to have been called back if the employee has been released by the Department Head as having completed the employee's assigned duties at the end of his/her workday and is called back to duty.

Section 09.05. CONSECUTIVE SHIFTS. Notwithstanding the above, affected employees ordered to remain at work beyond the normal workday, or receiving less than two weeks’ notice, to provide shift coverage, shall receive compensation at time and onehalf for those hours worked in excess of the normal workday .

Section 09.06. STANDBY. Employees placed on standby for the week (commencing at noon on Wednesday and ending at noon on the following Wednesday) shall receive two hundred and twenty-five dollars ($225.00) per week. An employee will be required to carry a cell phone while on standby duty. Such time is not considered hours worked under the Fair Labor Standards Act and will not be compensated in any manner except as set forth above.

Employees on standby are required to answer a call within five (5) to ten (10) minutes and are responsible for remaining within a fifty (50) mile radius of the City.

Standby duties assignments are rotated based on voluntary participation. An annual list shall be established to give employees advance notice of their assignment.

All employees assigned to standby duty are expected to complete their duty week and will be held responsible for its completion. Exchange of duty week between employees is possible with approval of the Director or his/her designee. In case of illness or other circumstance in which an employee cannot finish his/her assigned duty, the employee on standby duty shall contact the Director or designee who has the responsibility to provide coverage for the standby duty. The pay for each employee serving standby will be proportionately divided based on the amount of time each worked during the week.

The City will provide all maintenance upkeep, fuels, and insurance on the vehicle.

City vehicles shall not be used for personal business except for a short stop on a reasonable route between the employee's home and place of business. Employees operating the City vehicle will at all times maintain and operate the vehicle in a safe and reasonable manner and in conformance with all applicable state and local laws. No one may operate the City vehicle except a bona-fide employee of the City. Assignment of a City vehicle may be revoked or modified at any time by the City Council, City Manager or the employee's Department Head without recourse by the employee.

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Section 09.07. DEFERRED COMPENSATION CONTRIBUTION. Effective July 1, 2022, all members shall be eligible for a dollar-for-dollar matching contribution to the Citysponsored deferred compensation program, up to a maximum City contribution of $100 per month.

ARTICLE 10

EDUCATION WAGE BENEFIT AND CAREER

DEVELOPMENT PROGRAM
Section 10.01. TUITION REIMBURSEMENT PLAN. Permanent employees receiving prior approval from their Department Head and from the City Manager shall be eligible to receive tuition reimbursement pursuant to this Memorandum of Understanding.

Course work must be job-related as determined by the Department Head with final approval by the City Manager.

Employees who wish to keep course books shall not be reimbursed for same. (F) If an employee, of his/her own volition, withdraws from a course before completion, he/she will refund to the City all monies paid by the City toward that course. If an employee is forced to withdraw due to job reasons, and with the City Manager's approval, no refund will be necessary.

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(G) An employee who leaves the employment of the City before completion of the semester, and therefore does not complete the course(s) while working for the City, shall refund all monies paid to him/her by the City for the course(s). No prorating will be permitted.
(H) Upon completion of each semester, the employee shall be responsible for reporting grades received to the Administrative Services Officer for recording purposes and for supplying a copy of the grade receipt for the employee's personnel file.

Reimbursement for books and registration fees shall be paid upon receipt of proof of payment by the employee. Tuition costs shall be reimbursed following completion of the course and submittal of proof for the successful completion of the course as required by this Section. If the City requires the employee to withdraw from the course, the City shall reimburse the employee for the cost of tuition. All payments shall be made as part of the regular City warrant.

Failure on the part of an employee to provide any information required to determine eligibility for reimbursement, or providing false information for reimbursement requests, shall result in the employee being ineligible for any future tuition reimbursements, and may result in disciplinary actions.

Section 10.02. LIMITATIONS ON TUITION REIMBURSEMENT. No employee shall be reimbursed for an individual course in an amount greater than the cost for the same level of course (i.e., undergraduate, graduate) as charged by a school in the California State University system.

An employee may request reimbursement for general tuition for a degree program in lieu of reimbursement for an individual course. In such case the amount of tuition reimbursement shall not exceed the cost of general tuition for a California State resident in a school in the California State University system under the same semester periods as the degree program requested.

In no case shall the total amount of tuition reimbursement for individual courses to an employee in a given fiscal year exceed the amount of general tuition in a school in the California State University system for two (2) semesters or three (3) quarters.

During each fiscal year the City shall contribute ten thousand dollars ($10,000.00) to fund this plan. Unused funds from one fiscal year may be “rolled over” to the subsequent fiscal year. Use of these funds shall be governed by Section 10.03, Allocation of Funds.

Section 10.03. ALLOCATION OF FUNDS. The maximum annual reimbursement is two-thousand five-hundred dollars ($2,500.00) per member. The actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants.

The amount of funds to be dispersed will be established at the end of the fiscal year and will be based on the number of applicants and the total amount requested. If the total amount requested exceeds $10,000, then the following will apply:

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A. Example 1: Ten (10) members apply. One (1) for two-thousand five-hundred dollars ($2,500.00) and the others for one thousand dollars ($1,000.00) each. The maximum benefit would be reduced to one thousand dollars ($1,000.00) for each applicant.

B. Example 2: Five (5) members apply. Four (4) for two-thousand five-hundred dollars $2,500 and one for one thousand ($1,000.00). The maximum benefit would be reduced to two-thousand two-hundred fifty dollars ($2,250.00) for each applicant.

ARTICLE 11

TRAVEL ALLOWANCE
Section 11.01. AUTOMOBILE ALLOWANCE. Expense claims for the use of private automobiles must be submitted to the Department Head for approval. Such use, if approved, will be reimbursed at a minimum at the rate established by the Internal Revenue Services or the calculated P.O.S.T. rate when applicable, making unnecessary the IRS form 1099 reporting on mileage. Use of city vehicles will be encouraged when possible. Prior approval for reimbursement of mileage is necessary when possible.

ARTICLE 12

UNIFORM ALLOWANCE
Section 12.01. FIELD EMPLOYEES. All Public Works field employees shall be provided with ten (10) sets of shirt and pant uniforms by the City, annually by May 1. The City shall also be responsible for maintaining such uniforms. A field jacket shall be provided to field employees every other fiscal year by October 15. Any other jacket purchase will be a light weight, windbreaker-type jacket. Staff uniform t-shirts and field jackets shall be maintained by the employee.

The City shall provide three hundred dollars ($300.00) on a separate check on July 15 each year for purchase of safety boots. The standard for which is to be set by the Human Resources Director. Boots shall be maintained in appropriate condition as determined by the Department Director. Based on verifiable need as determined by the Department Director, an employee may receive a reimbursement for the amount spent on boots in excess of three hundred dollars $300.00 in any fiscal year with supporting documentation, such as receipts.

Full-time Code Enforcement Officers and Building Inspectors shall be provided with a uniform as determined by the City, as well as a three hundred dollar ($300.00) safety boot allowance on a separate check on July 15 each year.

The full-time Facility Supervisor shall be provided with a three hundred dollars ($300.00) safety boot allowance on a separate check on July 15 each year.

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Section 12.02. POLICE DISPATCHER/CLERKS. Police Dispatcher/Clerks shall receive the sum of five hundred dollars ($500.00) in one lump payment for uniform maintenance payable on a separate check on July 15th each year.

Section 12.03. DRESS GUIDELINES. The City’s 2020 Business Attire and Grooming Policy (Non-Sworn) has been updated to provide for a casual Friday. All employees are subject to this policy, which is included here as Attachment C.

ARTICLE 13

VACATION BENEFIT
Section 13.01. INCREMENTS OF ACCRUAL AND USE.
(A) Accrual Increments. All increments for accrual and use of vacation leave time shall be in hours or portions thereof.
(B) Vacation Accrual General Employees. Full-time and probationary employees shall accrue vacation leave in accordance with the following formula:
(1) 7.5 hours for each month during the first (1st) through fifth (5th) year of employment (90 hours annually).
(2) 8.0 hours for each month during the sixth (6th) year of employment (96.0 hours annually).
(3) 9 hours for each month during the seventh (7th) year of employment (108 hours annually).
(4) 5 hours for each month during the eighth (8th) year of employment (114 hours annually).
(5) 10.0 hours for each month during the ninth (9th) year through the fourteenth (14th) year of employment (120.0 hours annually). (6) 11.7 hours for each month during the fifteenth (15th) year through the nineteenth (19th) year of employment (140 hours annually). (7) 13.5 hours for each month beginning with the twentieth (20th) to twenty-fifth (25th) year of employment (162 hours annually). (8) 15.0 hours for each month beginning with the twenty-sixth (26th) year of employment (180.0 hours annually).

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Vacation leave shall be deemed as having been accrued by the employee at the end of the pay period in which the employee was in the service of the City not to exceed the monthly formula as calculated in Section 13.01.B.

Accrual at the next highest incremental rate shall begin at the end of the first pay period ending after the employee's anniversary date of original employment with the City, regardless of any promotions or demotions.
(C) Maximum Vacation Accrual. employees shall be eligible to accrue a maximum of two (2) times the annual vacation leave for which the employee is eligible pursuant to this section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.

No accumulation of vacation leave may be made beyond the limits prescribed except as described above.

Section 13.02. USE OF VACATION. The dates of vacation leave may be selected by the employee, but shall be subject to prior approval by the Department Head who shall consider the wishes of the employee and the needs of the City.

An employee shall be eligible to utilize accrued vacation during the first twelve (12) months of initial full-time employment. While in a probationary period following a promotion, the probationary period may be extended an equivalent time spent on vacation at the discretion of the Department Head with the approval of the City Manager.

For Police employees, each employee shall request their primary vacation for the next year in December of the previous year. For example, vacations for Calendar Year 2023 shall be requested in December 2022. The request will be prioritized based upon seniority. This does not preclude an employee from requesting additional vacation time in the year when available.

That time will also be prioritized based upon seniority.

Section 13.03. VACATION PAYMENT AT TERMINATION. Permanent employees voluntarily or involuntarily terminating employment with the City shall be paid in a lump sum for all accrued vacation leave earned to the effective date of the termination, up to the maximums as prescribed in Section 13.01(C) of this Article. Payment shall be at the same hourly rate as was authorized for the employee at the time of submittal of termination notice.

Employees dismissed by the City prior to the completion of the initial hire probationary period shall be entitled to payment of accrued vacation leave to the effective date of termination, at the same hourly rate as was authorized for the initial employment.

There shall be no proration of vacation time for partial months of employment.

Employees voluntarily resigning from City service prior to the completion of their initial hire probationary period or six (6) months, whichever is sooner, shall be entitled to payment of accrued vacation leave to the effective date of resignation. There shall be no proration of vacation time for partial months of employment.

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When termination is caused by the death of the employee, said payment for unused vacation shall be paid to the beneficiary designated by the employee. Such designation shall have been in writing, signed by the employee and filed with the Personnel Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

All payments for accrued vacation leave shall be made at the time of the next regular pay period following the final date of employment with the City.

Section 13.04. ELIGIBILITY. No part-time, provisional, or temporary employees shall be eligible for any vacation accrual.

ARTICLE 14

HOLIDAY BENEFIT
Section 14.01. HOLIDAY DATES. All employees covered by the terms of this Contract, except Dispatcher/Clerk employees in the Police Department, shall have the following legal holidays:

New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Fourth of July
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Dispatcher/Clerk employees in the Police Department shall have the following six (6) paid holidays per calendar year:

New Year's Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
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In addition, the Dispatcher/Clerk employees in the Police Department shall have five (5) days which shall be used as vacation days. These five (5) days shall be credited to the employee on the following dates:

President's Day
Veterans Day
Friday after Thanksgiving
Christmas Eve
New Year's Eve
Section 14.02. HOLIDAYS WORKED. If an employee works his/her regular scheduled workday on a holiday, in addition to his/her regular pay, he/she will be compensated (as paid overtime or compensatory time) time and one-half for all hours worked.

Section 14.03. ELIGIBILITY. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of lawful absence, the employee's regular scheduled day before and regularly scheduled day after the holiday.

Section 14.04. HOLIDAY ON VACATION DAY. Should one of the holidays listed above for employees other than dispatcher/Clerk in the Police department fall during an employee's vacation period, or while an employee is lawfully absent with pay, the employee shall be credited for the holiday and no charge shall be made against the employee's accumulated vacation.

For Dispatcher/Clerks in the Police Department, should one of the six (6) holidays listed above fall during an employee's regular day off, the employee shall receive eight (8) hours of holiday pay. For the five (5) days per calendar year which shall be used as vacation days, dispatcher/clerk employees of the Police Department shall be credited the equivalent to the current contract work day to the employee's accumulated vacation. The current contract workday is 12 hours.

Section 14.05. HOLIDAY ON A WEEKEND. Except for Dispatcher/ Clerks, should one of the holidays listed in Section 14.01, fall on a Saturday, the preceding Friday shall be observed as the holiday. Except for Dispatcher/Clerks, should one of the holidays listed in Section 14.01, fall on a Sunday, the following Monday shall be observed as the holiday.

Dispatcher/Clerks' holidays shall be deemed to be the actual date of the holiday and not days which may be recognized in lieu of the actual holiday date.

Section 14.06.. FLOATING HOLIDAY. All employees covered by the terms of this Contract, except Dispatcher/Clerk employees in the Police Department, shall have one floating holiday per calendar year on a use it or lose it basis. A floating Holiday is equivalent to the number of hours normally scheduled for each employee (i.e., 8 hours for an employee who is on a 5/8 schedule, and 10 hours for an employee who is on a 4/10 schedule). The date of the floating holiday may be selected by the employee, but shall be subject to prior approval by the Department Head or his/her designee who shall consider the wishes of the employee and the needs of the City.

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For Dispatcher/Clerk employees in the Police Department, shall have two (2) floating holidays per calendar year on a use it or lose it basis. The Floating Holidays shall be equivalent to the current contract work day. Currently, the contract work day is twelve (12) hours.

ARTICLE 15

LEAVES OF ABSENCE
Section 15.01. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY. Upon recommendation from the Department Head, and with the approval of the City Manager, a permanent, full-time employee may be granted a leave of absence without pay in cases of personal emergency or necessity, or where such absence would not be contrary to the best interests of the City, for a period not to exceed ninety (90) calendar days for General Employees and thirty (30) calendar days for Supervisory/Confidential employees. The request for and the approval of such leave shall be in writing and a copy placed in the employee's personnel file.

At the expiration of the approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at such leave's expiration, or within a reasonable time after receiving a notice to return to duty, shall be cause for discharge. The depositing in the United States Postal Service mail of a firstclass letter, postage paid, addressed to the employee's last known place of residence, shall meet the requirements of reasonable notice.

During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive benefits except as specifically provided for in this Contract.

The City shall contribute to an employee's medical health plan, dental and vision insurance plan, and life insurance plan for the first thirty (30) calendar days of an employee's authorized leave of absence. Thereafter, the City shall not have any obligation to contribute to an employee's medical health plan, dental and visual insurance plan, or life insurance plan until the employee is reinstated in a permanent position. Vacation leave shall not be accrued beyond the first thirty (30) calendar days of an absence without pay.

Section 15.02. EXTENDED LEAVE OF ABSENCE. Upon written request of the employee and approval of the City Manager, the City Council may grant an extended leave of absence with or without pay for a period not to exceed one (1) year.

All provisions of Section 15.01 of this Article shall apply to extended leaves of absence, unless specifically authorized otherwise by the City Council.

Section 15.03. MILITARY LEAVE OF ABSENCE. Military leave shall be granted in accordance with the provisions of state and federal law. All employees entitled to military leave shall give the Department Head an opportunity, within the limits of applicable laws, to determine when such leave shall be taken. Whenever possible, the employee involved shall notify his/her Department Head of such leave at least ten (10) working days in advance of the beginning date of such leave.

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Section 15.04. SICK LEAVE. Paid sick leave may be used for the following reasons:

1. For the employee’s own diagnosis, care or treatment of an existing health condition or preventative care.

3. To obtain relief or services related to being a victim of domestic violence, sexual assault, or staking as described in CA Labor Code Section 203(c) and 230.1(a).

The City Manager, upon consultation with the Department Head, may permit an employee to use sick leave for the illness or medical appointment of an individual not included in the above definition of immediate family. The City Manager's decision regarding any request submitted under this paragraph shall not be subject to the grievance and arbitration procedure contained in Article 07.

General employees subject to this Contract shall accrue four (4) hours of sick leave time on the last day of each pay period, not to exceed eight (8) hours a month, up to a maximum of two hundred and forty (240) hours. Supervisory/Confidential employees shall accrue five (5) hours of sick leave time on the last day of each pay period, not to exceed 10 hours per month, up to a maximum of two-hundred and forty (240) hours. Upon reaching the maximum accrual allowed, the employee shall cease to accrue sick leave time until such time as the total accrued hours is less than the maximum permitted, at which time the hours shall accrue in the amount stated herein up to the maximum permitted. The employee shall continue to accrue sick leave, but the amount over the cap will be moved to a catastrophic sick leave bank. The employee may use this time for a catastrophic illness of the employee only upon presentation of a medical providers “Certificate of Serious Health PAGE 38 of 885
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Condition”. These hours cannot be cashed out at $0.50 on the dollar as described below, once they have been placed in the leave bank. In addition, the catastrophic sick leave cannot be converted to PERS service credit upon retirement.

An employee who has been employed by the City for five (5) or more years and who has accumulated two hundred and forty (240) hours of sick leave may on an annual basis use eight (8) hours of sick leave as personal leave. The employee shall request the use of sick leave as personal leave in writing and in advance. The use of sick leave as personal leave is subject to approval by the City.

If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notice to their supervisor by submitting a “Leave Request” form.

If the need for paid sick leave is unforeseeable, the employee shall provide notice to their supervisor of the need for the leave as soon as practicable, either verbally or in writing.

The employee shall than submit a “Leave Request” on the day the employee returns to work Newly hired General employees shall receive forty-eight (48) hours of sick leave time, and Supervisory/Confidential employees shall receive sixty (60) hours of sick leave time, on the date of initial hire as an advance for accruals.

General employees may elect to cash out sick leave balances in excess of 160 hours at a rate of .50¢ on the dollar at their regular hourly rate of pay. Employees must maintain a minimum of 160 hours of sick leave in order to be compensated. Accruals will be based on balances during the last pay period of each fiscal year covered by the contract.

No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time for the purpose of medical or sick leave.

Employees shall have no vested rights in the accrued sick leave time upon termination with the City.

The days worked for the City, by an employee who separates from the City and is rehired within 12 months from the date of separation, will count toward the 90 day qualification period.

Administrative leave shall be accrued at the end of the first pay period beginning after July 1st of each year and shall not be carried beyond the fiscal year in which it is accrued, and remaining administrative leave time shall not be compensated for.

Supervisory/Confidential employees in the Recreation Supervisor and Senior Planner classifications may accrue up to eighty (80) hours of administrative leave time annually at the discretion of the Department Head.

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Section 15.06. BEREAVEMENT LEAVE. On the death of a member of an affected employee's immediate family; meaning spouse, natural or adopted child, step child, grandchild, brother, sister, parent, grandparent, parent-in-law, brother or sisterin-law, step-parent, step-brother, step-sister, or other relative living in the same household, the employee shall be granted bereavement leave as follows:
(A) If the death occurred within a two hundred (200) miles radius of the City of San Marino, the employee shall be granted up to three (3) days bereavement leave.
(B) If the death occurred outside a two hundred (200) miles radius of the City of San Marino, the employee shall be granted up to five (5) days bereavement leave.
(C) The City Manager, upon consultation with the Department Head, may permit an employee to use paid bereavement leave for an individual who is not included in the above definition of immediate family. The City Manager's decision regarding any request submitted under this subsection shall not be subject to the grievance and arbitration procedure contained in Article 07.

ARTICLE 16

INSURANCE AND RELATED BENEFITS
Section 16.01. MEDICAL BENEFITS. Medical benefits shall be under the P.E.R.S. medical program.

Section 16.02. OTHER HEALTH BENEFITS. The City shall make available to current employees group dental, vision, life and long-term disability insurance programs, for as long as employee participation permits such programs to be provided. Employees may join or remove themselves or their dependents from participation in any program once annually during the open enrollment period set by the CalPERS. The City shall notify employees of the open enrollment period by providing a notice with payroll at least three (3) weeks prior to the open enrollment period.

Employees may modify their dependent coverage under any such insurance program as needed, or as may be permitted by the insurance program.

Section 16.03. EMPLOYEE PARTICIPATION. All employees shall be covered under the P.E.R.S. medical program, except as provided for herein. The employee may select from the P.E.R.S. plans which health program is best for the employee's family once annually. Employees may modify their dependent medical coverage under the P.E.R.S. health plan as permitted by the insurance company.

Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.

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If an employee is able to provide proof of coverage under a spouse's or other health insurance plan, the employee need not obtain health insurance under the City's provided CalPERS medical program. All employees electing not to participate in the City's CalPERS medical program shall be required to:

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.

SECTION 16.04. CITY CONTRIBUTION. Employees shall only receive a City contribution for the P.E.R.S. medical program, and for dental, vision, life and long-term disability insurance programs in an amount that equals the actual premium costs for the insurance benefits selected by the employee but not to exceed the total City contribution provided for in this Section.

The City's contribution is established at two-hundred dollars ($200.00) per month per annuitant and active employee. This monthly contribution shall only increase as required by the Board of Administration of the Public Employees' Retirement System or the State Legislation, as set forth in Government Code Section 22892.

The City of San Marino will establish a flexible floating fringe benefit pool ("FFBP") for currently active employees. This "FFBP" shall not be used by any current annuitants or future annuitants. The purpose of the "FFBP" is to provide currently active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.

For the term of this MOU, the City of San Marino commits to fully funding the cost of the insurances or until a subsequent MOU is agreed upon; whichever is later as noted above for the employee and all eligible dependents, capped at the rates for the Los Angeles County region of medical coverage.

In the event that the "FFBP" fails to cover the actual costs of the additional health insurance, required life insurance, vision insurance, required disability insurance, and dental insurance, the individual employee shall pay the difference. Any “FFBP” amount left unspent on actual insurance costs will be forfeited by the employee, with no option to cash it out, utilize it towards voluntary benefits, etc.

Section 16.05. LEGACY CASH-OUT PROGRAM. In 2019, the City of San Marino discontinued the practice of permitting the unused amount of the FFBP to be cashed out by current and/or new employees. Only employees who were cashing out at the time of the previous MOU adoption were permitted to continue. That policy continues in this MOU. The employees who continue to have a cash-out amount are now part of this “Legacy Cash Out Program.” Said cash- out shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571). As before, all cash-out amounts are capped and shall never increase from the current amounts, but may decrease, as follows.

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All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cash-out reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by $50.75 per month, that employee’s cash-out will reduce by $50.75 per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

For Legacy Cash Out Program employees who waive medical insurance coverage, their cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

Section 16.06. RETIREE PARTICIPATION. Retirees shall be provided two hundred dollars ($200) per month to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City, the employee shall have no rights to the balance available.

Each August 1st thereafter, the City shall increase the contribution available to retirees by the amount required by the P.E.R.S. medical program.

Section 16.07. LONG TERM DISABILITY INSURANCE. The City shall provide a LongTerm Disability (LTD) insurance program for affected employees. The cost for said LTD insurance shall be paid by the employee from the monthly City contribution provided in Section 16.04 of this article. All affected employees shall be required to participate in the Long-Term Disability insurance program.

The Short/Long Term Disability program shall be with a thirty (30) day elimination period up to age 65.

Section 16.08 LIFE INSURANCE. The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution provided in Section 16.04 of this article.

All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.

Section 16.09. INJURED ON DUTY INSURANCE CONTRIBUTION
CONTINUATION. If an employee who has been employed by the City for five (5) or more years suffers a work-related injury and is absent from work the City shall continue to make the insurance contribution provided for in Section 16.04 for a maximum of six (6) months.

The employee may only continue to participate in the same type (medical, dental, vision, etc.) of benefit plan(s) and level of benefits (employee, employee plus one or employee plus two or more) that the employee participated in immediately prior to his/her workrelated injury.

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Section 16.10 HEPATITIS B VACCINATIONS. Upon request, employees required to work in the sewer shall receive Hepatitis B vaccinations.

Section 16.11. RETIREMENT HEALTH SAVINGS PLAN. The City agrees to sponsor a Retirement Health Savings (RHS) Plan, pursuant to the employee group agreeing on contributions and meeting the RHS plan criteria.

ARTICLE 17

RETIREMENT BENEFIT
Section 17.01. P.E.R.S. MEMBERSHIP. The City is a contract member of the Public Employees' Retirement System. Such membership shall be maintained and employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the City and the Public Employees' Retirement System heretofore approved by the City Council.

The City shall maintain a retirement benefit based upon the single highest year compensation for the retiring employee and the 2% percent at 55 plan for employees hired before July 1, 2012. These “Classic” employees are part of the City’s 1st Tier pension plan.

Employees hired on or after July 1, 2012 but before January 1, 2013 shall be subject to the 2% at 60 formula with a three-year average final compensation. These “Classic” employees shall pay the employees' share of the required retirement contribution to P.E.R.S. which equals seven percent (7%) of the employee's base compensation as defined by the Public Employee's Retirement Law, Government Code Section 20000 et seq.

Pursuant to Pension Reform Act (“PEPRA”), employees hired on or after January 1, 2013, shall be eligible to retire at 2% at 62 formula with a three-year average final compensation. These “PEPRA” employees shall pay 6.5% or half of non-Classic normal costs of the employee's contribution to the California Public Employees Retirement System.

The City will report these employee payments as being those of the affected employee's so that they will be credited to the particular employee's individual account with P.E.R.S.

The City shall provide employees covered under this agreement with that certain retirement option program commonly referred to as 1959 Survivor Benefit, Fourth Level based on the schedule of benefits as set forth in the California Public Employees Retirement System Section 21382.4 of the California Government Code. Each employee will contribute ninety-three cents ($.93) per pay period. The City will contribute a $4 premium rate. Any future increases in premium rates will be borne by the employee.

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ARTICLE 18

SMOKING
To further employee health and productivity by the elimination of primary and secondary effects of smoke in the workplace, smoking shall be banned on all City property and while on duty at all times.

ARTICLE 19

LAYOFF PROCEDURE
Section 20.01. NEED FOR LAYOFF. Whenever it becomes necessary, in the opinion of the City Council, to abolish a position or to reduce the number of employees in a given class in the classified service, the City Council may do so by stating in its proceedings its reasons therefore. However, no permanent full-time employee shall be separated from any department while there are emergency, seasonal, probationary, part-time or temporary employees serving in the same class of positions in the City.

Section 20.02. ORDER OF SEPARATION. In each classification in which there is to be a layoff, employees shall be separated from employment according to the employee's seniority within service. In case of the same hiring date, seniority shall be based upon hiring order.

Section 20.03. BUMPING RIGHTS. The employees laid off shall be entitled to be displaced to a position in the next lower class. Any employee so displaced shall be considered as laid off for the same reason as the person who displaced the employee and shall in the same manner be eligible to displace to the next lower class.

Section 20.04. WRITTEN NOTICE OF LAYOFF/REEMPLOYMENT RIGHTS. The employee laid off shall be given written notice of layoff not less than fifteen (15) calendar days prior to the effective date of the layoff and shall be informed of their reemployment status in writing.

The name of permanent employees who have been laid off due to reduction in force shall be placed on an appropriate layoff reemployment list according to the date of separation and shall be based on: last employee laid off is the first employee on the list, with other employees eligible in sequential order thereafter. Such list shall be used by the appointing officer when a vacancy for that class is to be filled before certification.

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Said reemployment list shall exist for one year.

Section 20.05. REAPPOINTMENT. The appointing officer shall reinstate the former employee to the highest available position in the layoff reemployment list, if any.

Section 20.06. REEMPLOYMENT PROCEDURE. The names of all permanent and nonpermanent employees who have been laid off due to reduction in force shall be placed on an appropriate layoff reemployment list according to the date of separation and shall be eligible for reemployment. Such reemployment list shall be based on: last employee laid off is the first employee on the list and first to be reemployed, with other employees being eligible in sequential order thereafter. Said list shall exist for one year and shall have preference over all other employment lists.

ARTICLE 21

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

The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions.

The Association will be notified of these proposed accommodations prior to implementation by the City.

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

ARTICLE 22

REOPENERS DURING THE MOU
During the term of this MOU, the parties agree to reopen the MOU on the following subjects:

1. Revision of current Personnel Rules.

2. Revision of current Performance Evaluation Form(s) and Process.

3. Updates to current Classification Specifications.

Any changes to the above subjects shall require either mutual agreement or exhaustion of the impasse process (including fact finding).

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In the event that either statutory or case law is changed to allow future hires to be excluded from the CalPERS retirement system, the parties agree to reopen the MOU on the subject of exclusion of new hire employees from the CalPERS retirement system. Any change to this subject shall require mutual agreement.

ARTICLE 23

WORK SCHEDULES
Effective July 1, 2024, the following work schedule shall take effect for City Hall Staff unless otherwise modified by the City Manager:

Monday-Thursday 7:00 a.m. to 5:00 p.m.

Friday 7:00 a.m. to 11:00 a.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule.

Exceptions:

Community Development
• Code Enforcement Officers: Hours vary depending on department needs. Some shifts will:
o Be on weekends;
o Begin as early as 6:00 a.m.; and/or
o End as late as 9:00 p.m.

Note: Baring an emergency, Code Enforcement Officers will be provided two weeks’ advanced notice of any changes to their work schedule.

Library Staff
• Hours vary depending on department needs and are established by City Manager in consultation with the Department Director or his/her designee.

Some shifts will:
o Be on weekends;
o Begin as early as 7:00 a.m.; and/or
o End as late as 9:30 p.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule.

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Recreation Staff
• Hours vary depending on department needs and are established by City Manager in consultation with the Department Director or his/her designee. Some shifts will:
o Be on weekends;
o Begin as early as 7:00 a.m.; and/or
o End as late as 9:30 p.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule.

Public Works
• Hours vary depending on department needs and are established by City Manager in consultation with the Department Director or his/her designee. Some shifts will:
o Be on weekends;
o Begin as early as 6:00 a.m.; and/or
o End as late as 6:00 p.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule.

Police
• Police Dispatcher-Clerk will regularly work 3 twelve-hour shifts per week, plus One 1 extra eight-hour shift over the course of the pay period.

That extra eight-hour shift is known as the “payback day” and will mirror the day and policies established for sworn Police personnel. Lunches will be compensated and taken at their desks. Breaks are on an as-needed and as-requested basis.

Shifts will rotate every four months. Shift selection shall be based on seniority. After two (2) rotations on the same shift, personnel are required to move to an opposite shift. A dispatcher can swap a newly-assigned shift with another dispatcher if both dispatchers agree to the swap, and it has been approved by the Dispatch Manager with the concurrence of the Chief of Police. In the case of a staff vacancy, Management reserves the right to make emergency schedule adjustments.

Fire
• Management Analyst:
o Monday through Thursday from 7:30 a.m. to 5:00 p.m. with a 30- minute lunch period unless otherwise modified by the City Manager in consultation with the Department Director or his/her designee.

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o Friday from 7:00 a.m. to 11:00 a.m. unless otherwise modified by the City Manager in consultation with the Department Director or his/her designee.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule.

ARTICLE 24

TEMPORARY SUPPLEMENTAL HELP
The parties recognize that because of its small size and unique job classifications, any Association job classification vacancy presents both a “hardship” and a challenge. In order to address this “hardship,” the parties agree that the City may seek temporary supplemental help under the following conditions:

1. The City will notify the Association of any vacancy; whether such vacancy constitutes a “hardship;” the recruitment process and timeline to fill the vacancy; and the type of temporary supplemental help the City will be seeking. Such notice shall be in writing (email is sufficient).

2. Any temporary supplemental help shall only be in place until the vacancy is filled.

3. Temporary supplemental help shall not displace regular employees of the Association and/or negate the necessity of conducting a recruitment to fill the vacancy.

4. The Association expressly waives its right to “meet and confer” and/or “meet and consult” on the use of temporary supplemental help if the City complies with paragraphs 1, 2, and 3 above.

5. Provided that the City complies with paragraphs 1, 2, and 3 above, the Association agrees that further “meet and confer” and/or “meet and consult” is not necessary.” ARTICLE 25

SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior contracts and memorandums of contract, or memorandums of understanding, or contrary salary and/or personnel resolutions or Administrative Codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with Federal or State law.

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ARTICLE 26

WAIVER OF BARGAINING DURING THE TERM OF THIS CONTRACT
It is agreed that this Memorandum of Understanding contains the full and complete contract on all subjects upon which the parties did bargain or could have bargained. Neither party shall be required, during the term of this Memorandum, to negotiate or bargain upon any other issue. All matters not included in this Memorandum shall be deemed to have been raised and disposed of as if covered herein. All subjects referred to in the management right's clause shall likewise be deemed to have been raised and bargained to a conclusion.

ARTICLE 27

EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, earthquake, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Memorandum of Understanding will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of provisions in the Memorandum of Understanding during the course of the emergency. Any rights and benefits suspended by virtue of the emergency shall be restored as soon as practicable at the conclusion of the emergency.

ARTICLE 28

SEPARABILITY PROVISION
Should any provisions of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. The parties shall meet and confer over a new provision to replace any such provision stricken by law.

ARTICLE 29

TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on July 1, 2024 and upon ratification by the Association member bargaining unit members and adoption by the City Council;; and shall continue in full force and effect until June 30, 2027.

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ARTICLE 30

RATIFICATION AND EXECUTION
The City's representatives and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of San Marino and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until adopted by the City Council of this City.

CITY OF SAN MARINO SAN MARINO CITY EMPLOYEES'

ASSOCIATION
By: By:

By: By:

By: By: ___
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ATTACHMENT "A"

EMPLOYEE CLASSIFICATIONS
General
Account Clerk
Building Inspector I/II
Building & Planning Assistant
Tree Trimmer I/II
Urban Forester
Clerk Typist I/II
Police Dispatcher/Clerk
Gardener I/II
Groundsman
Librarian I/II
Library Clerk Ill
Maintenance Worker I/II/III
Park Foreman
Park Leadman
Park Maintenance
Permit Tech I/II
Police Recruit
Shop Foreman
Street Foreman
Supervisory/Confidential
Accountant I
Administrative Assistant
Assistant Planner
Associate Planner
Code Enforcement Officer
Executive Secretary
Facility Supervisor
Human Resources Analyst
Management Analyst
Police Records Clerk
Recreation Supervisor
Senior Planner
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ATTACHMENT “B”

WAGE SCHEDULES
Monthly Rates Effective: 7/1/2024
Classification Step A Step B Step C Step D Step E
Senior Planner $8,349 $8,767 $9,205 $9,665 $10,148
Recreation Supervisor $7,540 $7,917 $8,313 $8,728 $9,165 Associate Planner $7,264 $7,627 $8,008 $8,409 $8,829
Librarian II $6,889 $7,233 $7,595 $7,974 $8,373
Management Analyst $6,816 $7,157 $7,515 $7,891 $8,285
Shop Foreman $6,753 $7,091 $7,446 $7,818 $8,209
Park Foreman $6,725 $7,061 $7,414 $7,785 $8,174
Street Foreman $6,725 $7,061 $7,414 $7,785 $8,174
Facilities Supervisor $6,725 $7,061 $7,414 $7,785 $8,174 Building Inspector II $6,502 $6,828 $7,169 $7,527 $7,904 Assistant Planner $6,502 $6,828 $7,169 $7,527 $7,904
Code Enforcement Officer $6,393 $6,712 $7,048 $7,400 $7,770 Human Resources Analyst $6,102 $6,407 $6,728 $7,064 $7,417 Urban Forester $6,025 $6,326 $6,643 $6,975 $7,323
Administrative Assistant $5,547 $5,824 $6,116 $6,421 $6,742 Building Inspector I $5,477 $5,750 $6,038 $6,340 $6,657 Maintenance Worker III $5,477 $5,750 $6,038 $6,340 $6,657 Police Recruit $5,402 $5,672 $5,956 $6,254 $6,567
Permit Technician $5,401 $5,671 $5,955 $6,253 $6,565
Police Dispatcher/Clerk $5,383 $5,652 $5,935 $6,232 $6,543 Police Records Clerk $5,116 $5,372 $5,640 $5,922 $6,218 Librarian I $4,961 $5,209 $5,469 $5,742 $6,030
Recreation Coordinator $4,961 $5,209 $5,469 $5,742 $6,030 Maintenance Worker II $4,860 $5,103 $5,358 $5,626 $5,907 Maintenance Worker I $4,619 $4,850 $5,092 $5,347 $5,614 Account Clerk $4,473 $4,697 $4,932 $5,178 $5,437
Clerk Typist II $4,181 $4,390 $4,609 $4,840 $5,082
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Monthly Rates Effective: 7/1/2025
Classification Step A Step B Step C Step D Step E
Senior Planner $8,683 $9,117 $9,573 $10,052 $10,554
Recreation Supervisor $7,841 $8,234 $8,645 $9,077 $9,531 Associate Planner $7,554 $7,932 $8,329 $8,745 $9,182
Librarian II $7,164 $7,522 $7,898 $8,293 $8,708
Management Analyst $7,089 $7,443 $7,816 $8,206 $8,617
Shop Foreman $7,024 $7,375 $7,743 $8,131 $8,537
Park Foreman $6,994 $7,344 $7,711 $8,096 $8,501
Street Foreman $6,994 $7,344 $7,711 $8,096 $8,501
Facilities Supervisor $6,994 $7,344 $7,711 $8,096 $8,501 Building Inspector II $6,763 $7,101 $7,456 $7,828 $8,220 Assistant Planner $6,763 $7,101 $7,456 $7,828 $8,220
Code Enforcement Officer $6,648 $6,981 $7,330 $7,696 $8,081 Human Resources Analyst $6,346 $6,663 $6,997 $7,346 $7,714 Urban Forester $6,266 $6,579 $6,908 $7,254 $7,616
Administrative Assistant $5,769 $6,057 $6,360 $6,678 $7,012 Building Inspector I $5,696 $5,980 $6,279 $6,593 $6,923 Maintenance Worker III $5,696 $5,980 $6,279 $6,593 $6,923 Police Recruit $5,618 $5,899 $6,194 $6,504 $6,829
Permit Technician $5,617 $5,898 $6,193 $6,503 $6,828
Police Dispatcher/Clerk $5,599 $5,879 $6,172 $6,481 $6,805 Police Records Clerk $5,320 $5,586 $5,866 $6,159 $6,467 Librarian I $5,159 $5,417 $5,688 $5,972 $6,271
Recreation Coordinator $5,159 $5,417 $5,688 $5,972 $6,271 Maintenance Worker II $5,054 $5,307 $5,572 $5,851 $6,143 Maintenance Worker I $4,804 $5,044 $5,296 $5,561 $5,839 Account Clerk $4,652 $4,885 $5,129 $5,385 $5,655
Clerk Typist II $4,348 $4,565 $4,794 $5,033 $5,285
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Monthly Rates Effective: 7/1/2026
Classification Step A Step B Step C Step D Step E
Senior Planner $9.030 $9,482 $9,956 $10,454 $10,977
Recreation Supervisor $8,155 $8,563 $8,991 $9,441 $9,913 Associate Planner $7,856 $8,249 $8,662 $9,095 $9,550
Librarian II $7,451 $7,823 $8,214 $8,625 $9,056
Management Analyst $7,372 $7,741 $8,128 $8,535 $8,961
Shop Foreman $7,304 $7,670 $8,053 $8,456 $8,879
Park Foreman $7,274 $7,637 $8,019 $8,420 $8,841
Street Foreman $7,274 $7,637 $8,019 $8,420 $8,841
Facilities Supervisor $7,274 $7,637 $8,019 $8,420 $8,841 Building Inspector II $7,033 $7,385 $7,754 $8,142 $8,549 Assistant Planner $7,033 $7,385 $7,754 $8,142 $8,549
Code Enforcement Officer $6,914 $7,260 $7,623 $8,004 $8,404 Human Resources Analyst $6,600 $6,930 $7,277 $7,640 $8,022 Urban Forester $6,517 $6,843 $7,185 $7,544 $7,921
Administrative Assistant $6,000 $6,300 $6,615 $6,945 $7,293 Building Inspector I $5,924 $6,220 $6,531 $6,857 $7,200 Maintenance Worker III $5,924 $6,220 $6,531 $6,857 $7,200 Police Recruit $5,843 $6,135 $6,442 $6,764 $7,102
Permit Technician $5,842 $6,134 $6,441 $6,763 $7,101
Police Dispatcher/Clerk $5,823 $6,114 $6,419 $6,740 $7,077 Police Records Clerk $5,533 $5,810 $6,100 $6,405 $6,726 Librarian I $5,365 $5,634 $5,915 $6,211 $6,522
Recreation Coordinator $5,365 $5,634 $5,915 $6,211 $6,522 Maintenance Worker II $5,256 $5,519 $5,795 $6,085 $6,389 Maintenance Worker I $4,996 $5,245 $5,508 $5,783 $6,072 Account Clerk $4,838 $5,080 $5,334 $5,601 $5,881
Clerk Typist II $4,522 $4,748 $4,985 $5,235 $5,496
Merit increases are based on the following for all employees hired:

Step A - for first six (6) months of employment.

Step B (*) - eligible after six (6) months of employment.

Step C (**) - eligible after eighteen (18) months ofemployment.

Step D (**) - eligible after thirty (30) months of employment.

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CITY OF SAN MARINO
AND

SAN MARINO CITY EMPLOYEES'

ASSOCIATION REPRESENTING

GENERAL,

SUPERVISORY, AND

CONFIDENTIAL

EMPLOYEES

MEMORANDUM OF UNDERSTANDING
July 1, 20242 through June 30, 20274
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TABLE OF CONTENTS

SECTION HEADING PAGE
ARTICLE 01 RECOGNITION OF THE ORGANIZATION .............................................................................6 Section 01.01. RECOGNITION.............................................................................................................................6 Section 01.02. MAJORITY REPRESENTATION...............................................................................................6 Section 01.03. FILING OF PETITIONS................................................................................................................6 ARTICLE 02 NON-DISCRIMINATION PLEDGE.............................................................................................6 Section 02.01. EMPLOYEE RIGHTS ..................................................................................................................6 Section 02.02. NO DISCRIMINATION.................................................................................................................6 Section 02.03. SAFETY.........................................................................................................................................7 ARTICLE 03 CITY RIGHTS ...............................................................................................................................7 Section 03.01. RESERVED RIGHTS..................................................................................................................7 Section 03.02. IMPACT OF CITY RIGHTS.........................................................................................................8 ARTICLE 04 ORGANIZATION RIGHTS..........................................................................................................9 Section 04.01. DUES DEDUCTIONS..................................................................................................................9 Section 04.02. INDEMNIFICATION .....................................................................................................................9 Section 04.03. DEFINITIONS ...............................................................................................................................9 Section 04.04. STEWARDS' RIGHTS.................................................................................................................9 Section 04.05. REPORTING FORM................................................................................................................. 10 Section 04.06. STEWARD'S PERMISSION TO LEAVEWORK LOCATION.............................................. 10 Section 04.07. INCREASED COMMUNICATION BETWEEN THE ASSOCIATION AND THE CITY... 10 Section 04.08. ALLOWED TIME FOR STEWARDS ...................................................................................... 11 ARTICLE 05 NO STRIKE - NO LOCKOUT PLEDGE................................................................................. 11 Section 05.01. ASSOCIATION PROHIBITED CONDUCT........................................................................... 11 Section 05.02. CITY PROHIBITED CONDUCT.............................................................................................. 11 Section 05.03. ASSOCIATION RESPONSIBILITY ........................................................................................ 11 Section 05.04. CITY RIGHT TO SUE............................................................................................................. 121 ARTICLE 06 PROBATION.............................................................................................................................. 12 Section 06.01. PROBATION PERIOD.............................................................................................................. 12 Section 06.02. PERMANENT STATUS ........................................................................................................... 12 ARTICLE 07 GRIEVANCES ...........................................................................................................................12 Section 07.01. PURPOSE OF GRIEVANCE PROCEDURE........................................................................12 Section 07.02. GRIEVANCE..............................................................................................................................12 Section 07.03. GUIDELINES .............................................................................................................................13 PAGE 56 of 885
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Section 07.04. TIME LIMITS..............................................................................................................................14 Section 07.05. NO CHANGES...........................................................................................................................14 Section 07.06. ADVISORY ARBITRATION.....................................................................................................14 ARTICLE 08 WAGE AND SALARY POLICY...............................................................................................15 Section 08.01. BASIC COMPENSATION PLAN ............................................................................................15 Section 08.02. SALARY AND WAGE SCHEDULES .....................................................................................15 Section 08.03. ADMINISTRATION OF BASIC COMPENSATION PLAN...................................................15 Section 08.04. BEGINNING RATES.................................................................................................................15 Section 08.05. SERVICE....................................................................................................................................16 Section 08.06. ADVANCEMENT WITHIN SCHEDULE.................................................................................16 Section 08.07. REDUCTION IN SALARY STEPS..........................................................................................17 Section 08.08. COMPENSATION INCREASES FOR PROMOTIONS.......................................................17 Section 08.09. COMPENSATION ON DEMOTION .......................................................................................17 Section 08.10. DISPATCHER ACTING DUTY PAY.......................................................................................17 Section 08.11. SEWER PAY..............................................................................................................................17 Section 08.12. PERFORMANCE PAY.............................................................................................................17 Section 08.13. OUT OF CLASS PAY ...............................................................................................................18 Section 08.14. BILINGUAL PAY (DISPATCHERS ONLY)............................................................................18 Section 08.15. TRAINING INCENTIVE PAY (DISPATCHERS ONLY) ................................................18 Section 08.16. SHIFT DIFFERENTIAL PAY (DISPATCHERS ONLY) ................................................18 Section 08.17. LONGEVITY PAY........................................................................................................ 18 ARTICLE 09 OTHER WAGE AND HOURLY BENEFITS ..........................................................................18 Section 09.01. ......................................................................................................................................................18 Section 09.02. OVERTIME WORKED..............................................................................................................18 Section 09.02A OVERTIME (COMPENSATORY TIME) ...............................................................................18 Section 09.03. COMPENSATORY TIME.........................................................................................................19 Section 09.04. CALL BACK COMPENSATION ..............................................................................................19 Section 09.05 CONSECUTIVE SHIFTS.........................................................................................................19 Section 09.06 STANDBY...................................................................................................................................19 Section 09.07 DEFFERED COMPENSATION CONTRIBUTION................................................................20 Section 09.08 ARPA (COVID-19) BONUS .....................................................................................................20 ARTICLE 10 EDUCATION WAGE BENEFIT AND CAREER DEVELOPMENT PROGRAM...21 Section 010.01. TUITION REIMBURSEMENT PLAN ...................................................................................... 21 Section 010.02. LIMITATIONS ON TUITION REIMBURSEMENT................................................................ 22 Section 010.03. ALLOCATION OF FUNDS ...................................................................................................... 23 ARTICLE 11 TRAVEL ALLOWANCE ..........................................................................................................23 Section 11.01. AUTOMOBILE ALLOWANCE................................................................................................. 23 ARTICLE 12 UNIFORM ALLOWANCE .......................................................................................................23 Section 12.01. FIELD EMPLOYEES................................................................................................................ 24 Section 12.02. DISPATCHER/CLERKS .............................................................................................. 24 Section 12.03. DRESS GUIDELINES.................................................................................................. 24 Formatted: Space After: 0 pt
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ARTICLE 13 VACATION BENEFIT............................................................................................................... 24 Section 13.01. INCREMENTS OF ACCRUAL AND USE ............................................................................. 24 Section 13.02. USE OF VACATION ................................................................................................................. 25 Section 13.03. VACATION PAYMENT AT TERMINATION.......................................................................... 25 Section 13.04. ELIGIBILITY............................................................................................................................... 26 ARTICLE 14 HOLIDAY BENEFIT.................................................................................................................. 26 Section 14.01. HOLIDAY DATES...................................................................................................................... 26 Section 14.02. HOLIDAYS WORKED.............................................................................................................. 26 Section 14.03. ELIGIBILITY............................................................................................................................... 27 Section 14.04. HOLIDAY ON VACATION DAY.............................................................................................. 27 Section 14.05. HOLIDAY ON A WEEKEND.................................................................................................... 27 Section 14.06. FLOATING HOLIDAY............................................................................................................... 28 ARTICLE 15 LEAVES OF ABSENCE........................................................................................................... 28 Section 15.01 ADMINISTRATIVE LEAVE ...................................................................................................... 28 Section 15.02. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY...................................................... 29 Section 15.03. EXTENDED LEAVE OF ABSENCE....................................................................................... 29 Section 15.04. MILITARY LEAVEOF ABSENCE ........................................................................................... 29 Section 15.05. SICK LEAVE.............................................................................................................................. 30 Section 15.06. BEREAVEMENT LEAVE......................................................................................................... 31 ARTICLE 16 INSURANCE AND RELATED BENEFITS ............................................................................ 31 Section 16.01. MEDICAL BENEFITS............................................................................................................... 31 Section 16.02. OTHER HEALTH BENEFITS.................................................................................................. 31 Section 16.03. EMPLOYEE PARTICIPATION................................................................................................ 31 Section 16.04. CITY CONTRIBUTION............................................................................................................. 32 Section 16.05. LEGACY CASH OUT PROGRAM ............................................................................... 33 Section 16.06. RETIREE PARTICIPATION.....................................................................................................33 Section 16.07. LONG TERM DISABILITY INSURANCE .............................................................................34 Section 16.08. LIFE INSURANCE ....................................................................................................................34 Section 16.09. INJURED ON DUTY INSURANCE CONTRIBUTION CONTINUATION ...................... 34 Section 16.10. HEPATITIS B VACCINATIONS................................................................................... 34 Section 16.11. RETIREMENT HEALTH SAVINGS PLAN ................................................................... 34 ARTICLE 17 RETIREMENT BENEFIT .........................................................................................................34 Section 17.01. P.E.R.S. MEMBERSHIP...........................................................................................................34 ARTICLE 18 SMOKING...................................................................................................................................35 ARTICLE 19 CONDITIONS OF CONTINUED EMPLOYMENT ................................................................35 Section 19.01. NOTICE OF DRIVERS LICENSE SUSPENSION..........................................................35 PAGE 58 of 885
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Section 19.02. COVID-19 VACCINE MANDATE......................................................................................35 ARTICLE 20 LAYOFF PROCEDURE.....................................................................................................36 Section 20.01. NEED FOR LAYOFF..........................................................................................................36 Section 20.02. ORDER OF SEPARATION ...............................................................................................36 Section 20.03. BUMPING RIGHTS ............................................................................................................36 Section 20.04. WRITTEN NOTICE OF LAYOFF/REEMPLOYMENT RIGHTS ...................................36 Section 20.05. REAPPOINTMENT.............................................................................................................36 Section 20.06. REEMPLOYMENT PROCEDURE...................................................................................36 ARTICLE 21 AMERICANS WITH DISABILITIES ACT.........................................................................37 ARTICLE 22 REOPENNERS DURING THE MEMORANDUM OF UNDERSTANDING.................37 ARTICLE 23 WORK SCHEDULES .........................................................................................................38 ARTICLE 24 TEMPORARY SUPPLEMENTAL HELP..........................................................................39 ARTICLE 25 SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ..............................40 ARTICLE 26 WAIVER OF BARGAINING DURING THE TERM OF THIS CONTRACT ..............40 ARTICLE 27 EMERGENCY WAIVER PROVISION ......................................................................41 ARTICLE 28 SEPARABILITY PROVISION...................................................................................41 ARTICLE 29 TERM OF MEMORANDUM OF UNDERSTANDING AND REOPENER..................41 ARTICLE 30 RATIFICATION AND EXECUTION..........................................................................42 ATTACHMENT "A" EMPLOYMENT CLASSIFICATIONS..............................................................43 ATTACHMENT "B" WAGE SCHEDULES ......................................................................................44 ATTACHMENT "C" BUSINESS ATTIRE & GROOMING POLICY.................................................498 ATTACHMENT "D" COVID-19 VACCINE MANDATE POLICY .....................................................49 PAGE 59 of 885
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MEMORANDUM OF UNDERSTANDING
ARTICLE 01

Effective July 1, 2019, what were formerly the “General Employees Association” and the “Supervisory/Confidential Employees Association” have been merged into a single combined Association.

Effective July 1, 2022, the City Clerk classification shall be removed from the Association and designated an unrepresented manager classification.

ARTICLE 02

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The City and the Association shall reopen any provision of this Contract for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Contract in compliance with State or Federal anti-discrimination laws.

Section 02.03. SAFETY. The City shall fairly apply all laws regarding work relatedworkrelated injuries. The City and Association shall utilize the City's safety committee to address employee safety concerns. The City and Association are mutually committed to maintaining a safe workplace and providing adequate training.

ARTICLE 03

CITY RIGHTS
Section 03.01. RESERVED RIGHTS. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive exercise of rights of Management, as they are not abridged by this Contract or by law, shall include but not be limited to the following rights:
(A) To manage the City generally and to determine the issues of policy; (B) To determine the existence or nonexistence of facts which are the basis of the Management decision;
(C) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
(D) To determine the nature, manner, means and technology and extent of services to be provided to the public;
(E) To establish methods offinancing;
(F) To establish types of equipment or technology to beused; (G) To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted; (H) To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right to contract for or subcontract any work or PAGE 61 of 885
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operation of the City;
(I) To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; (J) To relieve employees from duties for lack of work or similar non-disciplinary reasons; (K) To establish and modify productivity and performance programs and standards for City operations;
(L) To discharge, suspend, demote, or otherwise discipline employees for proper cause; (M) To determine job classifications and to reclassify employees; (N) To hire, transfer, promote, and demote employees for non-disciplinary reasons, in accordance with this Memorandum of Understanding and the City's Rules and Regulations;
(O) To determine policies, procedures, and standards;
(P) To establish employee performance standards, including but not limited to quality and quantity standards; and to require compliance therewith; (Q) To maintain order and efficiency in its facilities and operations; (R) To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Contract; (S) To take any and all necessary action to carry out the mission of the City in emergencies;
(T) To determine the mission of its constituent departments, boards and commissions; (U) To establish the need and use of personnel information for employees and the means by which that information is to be provided. Employees retain their rights to privacy as provided by law.

Section 03.02. IMPACT OF CITY RIGHTS. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact upon employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding PAGE 62 of 885
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the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding.

ARTICLE 04

Section 04.02. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association caused by the Association's negligence. The Association shall notify the City within ten (10) calendar days of any discrepancy(ies) concerning Association dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) days, the City shall be relieved of any responsibility for any asserted discrepancy.

Section 04.03. DEFINITIONS. For the purposes of this Contract, the following definitions shall be used:

A. Reasonable number of stewards should be interpreted to mean one steward for each department.

C. Grievance for the purpose of this Contract, a grievance is defined as:
(1) A claimed violation, misinterpretation, inequitable application, or noncompliance with the provisions of the current Memorandum of Understanding or any supplemental contracts; and
(2) A claim by any employee or by the Association in his/her, their, or its own behalf, of a violation, misinterpretation, or inequitable application of existing policy, orders, rules and PAGE 63 of 885
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regulations, or then existing policy, orders, rules and regulations, or then existing practice, applicable to the public jurisdiction or its employees or the Association.

D. Cognizant supervisor means the most immediate supervisor present at the work location.

Upon entering a work location, the steward shall inform the cognizant supervisor of the nature of his/her business. Employee will promptly be given permission to leave the job unless such absence would cause an undue interruption of work. If the employee cannot be made available at that time, the steward will immediately be informed when the employee will be made available.

The Association agrees that a steward shall not log compensatory time or overtime pay for the time spent performing any function of a steward.

Section 04.05. REPORTING FORM. The Association does not object to the use of a form for the purpose of recording the amount of time spent on grievances by stewards. Such a form might provide for signatures of affected supervisors, reasons for refusals if release time is not granted, and exact time in and time out notations. An evaluation of such forms could be of value in determining what a "reasonable amount of time" is, and might point to the "personnel problem areas." Section 04.06. STEWARD'S PERMISSION TO LEAVE WORK LOCATION. As indicated above, both permission and denial of a request to leave a work location by a steward shall be recorded with the date and time and signed by supervisor on the Formatted: Indent: Left: 0"
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appropriate form. Notations as to the reasons for a possible denial of the request and a time when the request to leave the work location is expected to be made available should also be recorded on this form.

ARTICLE 05

Section 05.02. CITY PROHIBITED CONDUCT. The City agrees that it shall not lockout its employees during the term of this Contract. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this Contract or applicable ordinance or law.

Section 05.03. ASSOCIATION RESPONSIBILITY. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section

05.01 herein, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding, and request that all such persons immediately cease engaging in conduct prohibited in Section 05.01, and return to work.

If the Association acts in good faith to meet its responsibilities as set forth above, the Association, its officers, agents, representativesrepresentatives, and its members shall not be liable for any damages for prohibited conduct engaged in any employees who are covered by this Contract.

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Section 05.04. CITY RIGHT TO SUE. Notwithstanding Section 05.03 herein, the City shall have the right to bring suit for damages and/or equitable relief in the Courts for breach of this Article against the Association, its officers, agents, representative or members.

ARTICLE 06

Section 06.02. PERMANENT STATUS. The employee shall attain permanent status in the class upon successful completion of the probationary period.

ARTICLE 07

Section 07.02. GRIEVANCE. A grievance shall be defined as:
(1) A claimed violation, misinterpretation, inequitable application, or noncompliance with the provisions of the current Memorandum of Understanding or any supplemental contracts; and
(2) A claim by any employee or by the Association in his/her, their, or its own behalf, of a violation, misinterpretation, or inequitable application of existing policy, orders, rules and regulations, or then existing policy, orders, rules and regulations, or then existing practice, applicable to the public jurisdiction or its employees or the Association.

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Section 07.03. GUIDELINES.
(1) The grievant is entitled to representation of his/her choice. (2) Employees are assured freedom from reprisal for using the grievance procedure. An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, shall not in any way be coerced, intimidated, or discriminated against.
(3) The grieving employee and/or his/her representative may use a reasonable amount of work time in conferring and presenting the grievance and appeal.

However, no employee shall be absent from the assigned work placeworkplace without first obtaining approval from the employee's supervisor. (4) There shall be an earnest effort on the part of both parties to settle the grievance promptly through the earliest of the steps listed below:

Step 2. If the grievance is not settled in Step 1, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and detailing the specific provisions of this Contract alleged to have been violated, signed and dated by the employee, and presented to the Department Head within ten (10) calendar days after termination of Step 1. A meeting with the employee, employee's representative and Department Head will be arranged at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date the grievance is received by the Department Head. The Department Head may invite other members of management to be present at such meeting. The Department Head shall give a written reply by the end of the tenth (10th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2.

Such meeting will take place within ten (10) calendar days from the date the grievance is referred to Step 3. A written decision shall be rendered within ten (10) days from the date of such meeting.

Section 07.04. TIME LIMITS. The limits set forth above may be extended by mutual written consent between the parties, but neither party shall be required to so agree.

Section 07.05. NO CHANGES. It is not intended that the grievance procedure be used to effect changes in the established salary and fringe benefits.

Section 07.06. ADVISORY ARBITRATION. Grievances which are not settled pursuant to the grievance procedure above and which employee desires to contest further, shall be submitted to arbitration as provided below:
(A) As soon as possible and in any event not later than ten (10) calendar days after the City Manager has received written notice from the employee of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said ten (10) calendar days, an arbitrator shall be selected from a list of five (5) arbitrators submitted by the State Conciliation Service or Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot. (B) Either the City or the employee may call any employee as a witness, and the City agrees to release said witness from work if he/she is on duty. (C) The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Contract. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other.
(D) The decision of the arbitrator within the limits herein prescribed shall be advisory to the City Council.
(E) The arbitrator may hear and determine only one grievance at a time without the expressed agreement of the City and the Association.
(F) The cost of the arbitration shall be shared equally between the City and the Association.

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ARTICLE 08

Section 08.02 SALARY AND WAGE SCHEDULES. Effective July 1, 20242, all classifications shall receive a base salary increase of seven four percent (47%).

Effective July 1, 2022, the Recreation Coordinator salary range shall be raised to match the Librarian I salary range.

The respective ranges shall be identified by steps, by the letters "A" to "E" inclusive. Effective July 1, 2022, the Salary Schedule will include salary steps that are 5% apart; there will be no retroactive implementation of any these changes. Movement into any adjusted salary step will occur prospectively at the time of future salary increases.

The above equity increases do not compound with the base salary increases. The new Salary Schedules are set forth in Attachment B.

Effective July 1, 2025 and July 1, 20263, all classifications shall receive a base salary increase of four percent (4%). The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of five (5) steps or rates of pay in each range.

Section 08.03. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the monthly salary schedule in Attachment "B" hereof are monthly compensation rates.

For all employees covered by this Memorandum of Understanding, the work schedule shall be considered to be forty (40) hours per week. The City and Association agree that work schedules will be set on a department basis and may change during the term of this Contract as agreed to by employees, management and the City Council. ,
The hourly rate of pay shall be the monthly rate multiplied by twelve (12) and divided by 2080. In determining the hourly rate as herein provided, compensation shall be made to the nearest cent.

Section 08.04. BEGINNING RATES. A new employee of the City of San Marino shall be paid the rate shown in Step "A" of the range allocated to the classification of employment for which the employee has been hired, except that on the request of the Department Head under whom the PAGE 69 of 885
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employee will serve, and with the authorization of the City Manager, such employee may be placed in Step "B", "C", "D", or "E", depending upon the employee's qualifications.

Section 08.05 SERVICE. The word “service,” as used in this Memorandum of Understanding, shall be defined to mean continuous, full-time service in the employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employees for the purpose of this Contract.

Such employees reentering the service of the City shall be considered as a new employee, except that the employee may be reemployed within one (1) year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the termination of employment, at the discretion of the Department Head and approved by the City Manager.

If it is determined that an employee is eligible for a merit advancement, the effective date of the merit advancement shall be the employee's anniversary date. Advancement to any step may be granted if an employee demonstrates ability and proficiency in the performance of his/her duties. Such merit advancement shall require the following:
(1) The Department Head shall file with the City Manager a statement recommending the grant or denial of the merit increase and supporting such recommendation with specific reasons therefortherefore. (2) If the recommendation is approved by the City Manager, the City ManagerHuman Resources Director shall
forward the approved recommendation to the Finance Officer Department to effect a change
in payroll status.
(C) Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of the employee's duties, the Department Head may recommend to the City Manager that said employee be advanced to a higher step without regard to the minimum length of service provisions contained in this Memorandum of Understanding. The City Manager may, on the basis of the Department Head's recommendation, approve or deny such advancement.

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(D) Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to a higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subsection (B) herein.

Section 08.07. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step "A" may have his/her salary reduced by one or more steps upon the recommendation of the Department Head with the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 08.06, and such employee may be considered for re-advancement under the provisions as contained in subsection (C) of Section 08.06. An employee's salary cannot be reduced until his or her due process appeal rights to the City Manager have been exhausted, with exception to terminations.

Section 08.08. COMPENSATION INCREASES FOR PROMOTIONS. Any full-time employee promoted to a higher classification shall receive an increase in compensation which is at least five percent (5%) higher than the employee's last salary. The date of promotion shall then be considered the new anniversary date for purposes of eligibility for further compensation increases, except that no merit increase shall be given considered until after six (6) months in the higher classification regardless of the requirement for a probationary period, as stated in Section 06.01, Probationary Period.

Section 08.09. COMPENSATION ON DEMOTION. When an employee is demoted, the employee shall retain the same step as the employee held in the previous salary range. Increases in compensation shall thenceforth be in accordance with the schedule set forth in Section 08.06 of this Article as if the employee was originally employed in the new classification range.

Section 08.11. SEWER PAY. An employee directed by his or her department manager to work in a sewer shall receive an additional three (3) hours of pay at the rate of time and one-half.

Section 08.12. PERFORMANCE PAY. Affected employees shall be eligible to receive performance pay in recognition of continued exceptional performance or a singular exceptional achievement. Whether a bonus is to be given, and the timing and amount thereof, shall be in an atmosphere of fairness and mutual understanding subject to the discretion of the Department Head, PAGE 71 of 885
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with approval of the City Manager. No bonus shall exceed seven percent (7%) of the employee's fiscal year salary. Award of performance pay shall be accompanied by a written performance evaluation.

Section 8.14 BILINGUAL PAY. (DISPATCHERS ONLY). An employee who demonstrates conversational verbal fluency in Cantonese, Taiwanese, Mandarin, and/or Spanish (or any other language as determined by the City Manager) shall receive compensation in the amount of $100 per month ($0.58 per hour). In exchange, the employee agrees to use his/her fluency to communicate and translate as needed. Qualification for bilingual pay shall be subject to successful completion of a proficiency exam as determined by the City Manager's OfficeHuman Resources Director. Bilingual pay will start at the beginning of the pay period immediately following the employee's successful completion of a proficiency exam. Biennial requalification will be required for continuation of bilingual pay.

The total number of positions authorized for bilingual pay at any time is at the discretion of the City Manager.

Section 8.15 TRAINING INCENTIVE PAY (DISPATCHERS ONLY). A Dispatcher who spends a majority of any given monththree (3) consecutive shifts or more performing training duties shall receive compensation in the amount of $100 per month ($0.58 per hour) for that month, or $50 per month if the consecutive shifts cross months, up to a maximum of two (2) employees in any given month.

Years of Service % of Base Salary Per Month
Year 10 2%
Year 15 4%
Year 20 6%
Longevity Pay compensation shall occur the pay period following the completion of the total years of service.

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ARTICLE 09

Section 09.02. OVERTIME WORKED. For non-exempt employees, overtime is defined as time assigned and worked beyond forty (40) hours in a seven-day work period, running from Sunday to Saturday unless otherwise adjusted by a respective Department. Overtime shall not include: (1) overtime not authorized by a supervisor; (2) overtime of ten (10) minutes or less or voluntary early reporting.

In determining an employee's eligibility for overtime compensation under this Section, paid leave of absences and unpaid leave of absences shall be deducted from the total hours worked.

Paid leaves which shall be deducted from "hours worked" include but may not be limited to:
• Vacation
• Sick leave
• Compensatory leave
• Administrative leave
• Workers' Compensation leave
• Jury duty
• Bereavement leave
• Military leave
• Holiday leave
All employees affected by this contract who are required to work forty (40) hours or less in a seven-day work period shall receive overtime compensation at the regular rate. If compensatory time off is accumulated instead of pay, it shall be accumulated on an hour for hour basis.

An exception is made for vacation scheduled in advance for three (3) or more consecutive days. This shall count as hours worked in the case of an emergency call- in within the work period.

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Dispatcher/Clerks in the Police Department shall receive a minimum of two (2) hours compensation at time and one-half for court-time, if court duty falls on a day not specified as an offduty day regularly scheduled in advance; provided, however, no additional compensation shall be paid for court-time during regular work hours.

Section 09.03. COMPENSATORY TIME. Employees shall be eligible to earn compensatory time up to a maximum of two hundred (200) hours. If an employee reduces his/her compensatory time off balance below the two hundred (1200) hour maximum the employee shall be permitted to accumulate compensatory time off until he/she reaches the two hundred 2100 hour maximum. All other overtime hours shall be compensated by cash payment.

Use of compensatory time shall be subject to the approval of the Department Head.

Compensatory time shall be paid out annually in July of each year at the rate in which the compensatory time was accrued or earned.

Section 09.04. CALL BACK COMPENSATION. Notwithstanding the Sections in this Article, affected employees called back for work shall be paid a minimum of three (3) hours compensation at (3) hours compensation at time and one-half. An affected employee shall be deemed to have been called back if the employee has been released by the Department Head as having completed the employee's assigned duties at the end of his/her work dayworkday and is called back to duty.

Section 09.05. CONSECUTIVE SHIFTS. Notwithstanding the above, affected employees ordered to remain at work beyond the normal work dayworkday, or receiving less than two weeks’ notice, to provide shift coverage, shall receive compensation at time and one-half for those hours worked in excess of the normal work dayworkd a y .

Employees on standby are required to answer a call within five (5) to ten (10) minutes and are responsible for remaining within a fifty (50) mile radius of the City.

Standby duties assignments are rotated based on voluntary participation. An annual list shall be established to give employees advance notice of their assignment.

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All employees assigned to standby duty are expected to complete their duty week and will be held responsible for its completion. Exchange of duty week between employees is possible with approval of the Director or designee. In case of illness or other circumstance in which an employee cannot finish his/her assigned duty, the employee on standby duty shall contact the Director or designee who has the responsibility to provide coverage for the standby duty. The pay for each employee serving standby will be proportionately divided based on the amount of time each worked during the week.

The City will provide all maintenance upkeep, fuels, and insurance on the vehicle. City vehicles shall not be used for personal business except for a short stop on a reasonable route between the employee's home and place of business. Employees operating the City vehicle will at all times maintain and operate the vehicle in a safe and reasonable manner and in conformance with all applicable state and local laws. No one may operate the City vehicle except a bona-fide employee of the City. Assignment of a City vehicle may be revoked or modified at any time by the City Council, City Manager or the employee's Department Head without recourse by the employee.

Section 09.07. DEFERRED COMPENSATION CONTRIBUTION. Effective July 1, 2022, all members shall be eligible for a dollar-for-dollar matching contribution to the City-sponsored deferred compensation program, up to a maximum City contribution of $100 per month.

Section 09.08. ARPA (COVID-19) BONUS. All full-time Association members employed by the City on January 3, 2023, shall receive a one-time bonus of $100 for each month employed by the City from March 2020 through June 2022. The total amount received shall not exceed twenty- eight hundred dollars ($2800) in total and will be prorated in general and for partial months.

ARTICLE 10

EDUCATION WAGE BENEFIT AND CAREER

The City shall reimburse employee's costs for required school fees such as tuition, registration fees, and books, subject to the limits set forth in this Article. Other fees, such as mileage, activity cards and other optional fees shall not be reimbursed. The following rules shall apply for reimbursement:
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employee's potential development with theCity.
(B) Course work taken at recognized accredited institutions shall be considered for reimbursement. Reimbursement for course work taken at a non-accredited institution shall be subject to the sole discretion of the City Manager. (C) Employees shall not receive tuition reimbursement if they fail to satisfactorily complete the approved course and/or fail to receive a grade of "C" or better. (D) In the event an employee receives assistance under federal or state government legislation or other student aid programs for education charges for an approved course, only the difference, if any, between such assistance and the education charges an employee actually incurs, shall be eligible for reimbursement under this plan. (E) Course books for which an employee receives reimbursement shall become the property of the City. Books may be sold by the City back to the educational institution bookstore and monies received returned to the City. Employees who wish to keep course books shall not be reimbursed for same.
(F) If an employee, of his/her own volition, withdraws from a course before completion, he/she will refund to the City all monies paid by the City toward that course. If an employee is forced to withdraw due to job reasons, and with the City Manager's approval, no refund will be necessary.
(G) An employee who leaves the employment of the City before completion of the semester, and therefor does not complete the course(s) while working for the City, shall refund all monies paid to him/her by the City for the course(s). No prorating will be permitted.
(H) Upon completion of each semester, the employee shall be responsible for reporting grades received to the Administrative Services Officer for recording purposes and for supplying a copy of the grade receipt for the employee's personnel file.

Section 10.02 . LIMITATIONS ON TUITION REIMBURSEMENT. No employee shall be reimbursed for an individual course in an amount greater than the cost for the same Formatted: Indent: First line: 0.63", Space Before: 0.05 pt, After: 0 pt
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level of course (i.e., undergraduate, graduate) as charged by a school in the California State University system.

During each fiscal year the City shall contribute tTen Tthousand dollars ($10,000.00) to fund this plan. Unused funds from one fiscal year may be “rolled over” to the subsequent fiscal year. Use of these funds shall be governed by Section 10.03, Allocation of Funds.

Section 10.03. ALLOCATION OF FUNDS. The maximum annual reimbursement is twothousand five-hundred dollars ($2,500.00) per member. The actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants.

The two-thousand five-hundred dollars ( $2,500.00) maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of ten thousand dollars ($10,000.00).
a. Example 1: Ten (10) members apply. One (1) for two-thousand five-hundred dollars ($2,500.00) and the others for one thousand dollars ($1,000.00) each. The maximum benefit would be reduced to one thousand dollars ($1,000.00) for each applicant. b. Example 2: Five (5) members apply. Four (4) for two-thousand five-hundred dollars $2,500 and one for one thousand ($1,000.00). The maximum benefit would be reduced to two-thousand two-hundred fifty dollars ($2,250.00) for each applicant.

ARTICLE 11

TRAVEL ALLOWANCE
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Section 11.01. AUTOMOBILE ALLOWANCE. Expense claims for the use of private automobiles must be submitted to the Department Head for approval. Such use, if approved, will be reimbursed at a minimum at the rate established by the Internal Revenue Services or the calculated P.O.S.T. rate when applicable, making unnecessary the IRS form 1099 reporting on mileage. Use of city vehicles will be encouraged when possible. Prior approval for reimbursement of mileage is necessary when possible.

ARTICLE 12

UNIFORM ALLOWANCE
Section 12.01. FIELD EMPLOYEES. All field Public Works field employees shall be provided with ten (10) sets of shirt and pant uniforms by the City, annually by May 1. The City shall also be responsible for maintaining such uniforms. A field jacket shall be provided to field employees every other fiscal year by October 15. Any other jacket purchase will be a light weight, windbreakertype jacket. Staff uniform t-shirts and field jackets shall be maintained by the employee.

The City shall contribute provide three hundred dollars ($300.00) on a separate check on July 15 each year for purchase of safety boots., Tthe standard for which is to be set by the City Safety CommitteeHuman Resources Director. Boots shall be maintained in appropriate condition as determined by the Ddepartment managerDirector. Based on verifiable need as determined by the Ddepartment managerDirector, an employee may
receive a reimbursement for the amount spent on boots in excess of three hundred dollars $300.00 in any fiscal year with supporting documentation, such as receipts.

Full-time Code Enforcement Officers and Building Inspectors shall be provided with a uniform as determined by the City, as well as athe three hundred dollar ($300.00) safety boot allowance on a separate check on July 15 each year..

The full-time Facility Supervisor shall be provided with a three hundred dollars ($300.00) safety boot allowance on a separate check on July 15 each year.

Section 12.02. POLICE DISPATCHER/CLERKS. Police Dispatcher/Clerks shall receive the sum of five hundred dollars ($500.00) in one lump payment for uniform maintenance payable on a separate check on July 15th each year.

ARTICLE 13

VACATION BENEFIT
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Section 13.01. INCREMENTS OF ACCRUAL AND USE.
(A) Accrual Increments. All increments for accrual and use of vacation leave time shall be in hours or portions thereof.
(B) Vacation Accrual General Employees. Full-time and probationary employees shall accrue vacation leave in accordance with the following formula:
(1) 7.5 hours for each month during the first (1st) through fifth (5th) year of employment (90 hours annually).
(2) 8.0 hours for each month during the sixth (6th) year of employment (96.0 hours annually).
(3) 9 hours for each month during the seventh (7th) year of employment (108 hours annually).
(4) 5 hours for each month during the eighth (8th) year of employment (114 hours annually).
(5) 10.0 hours for each month during the ninth (9th) year through the fourteenth (14th) year of employment (120.0 hours annually).
(6) 11.7 hours for each month during the fifteenth) (15th) year through the nineteenth (19th) year of employment (140 hours annually).
(7)13.5 hours for each month beginning with the twentieth (20th) to twenty-fifth (25th) year of employment (162 hours annually).
(8)15.0 hours for each month beginning with the twenty-sixth (26th) year of employment (180.0 hours annually).

Vacation leave shall be deemed as having been accrued by the employee at the end of the pay period in which the employee was in the service of the City not to exceed the monthly formula as calculated in Section 13.01.B.

Accrual at the next highest incremental rate shall begin at the end of the first pay period ending after the employee's anniversary date of original employment with the City, regardless of any promotions or demotions.
(C) Maximum Vacation Accrual. employees shall be eligible to accrue a maximum of two PAGE 79 of 885
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(2) times the annual vacation leave for which the employee is eligible pursuant to this section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant
No accumulation of vacation leave may be made beyond the limits prescribed except as described above.

When termination is caused by the death of the employee, said payment for unused vacation shall be paid to the beneficiary designated by the employee. Such designation shall have PAGE 80 of 885
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been in writing, signed by the employee and filed with the Personnel Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

All payments for accrued vacation leave shall be made at the time of the next regular pay period following the final date of employment with the City.

Section 13.04. ELIGIBILITY. No part-time, provisional, or temporary employees shall be eligible for any vacation accrual.

ARTICLE 14

HOLIDAY BENEFIT
Section 14.01. HOLIDAY DATES. All employees covered by the terms of this Contract, except Dispatcher/Clerk employees in the Police Department, shall have the following legal holidays:

New Year's Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
In addition, the Dispatcher/Clerk employees in the Police Department shall have five (5) days which shall be used as vacation days. These five (5) days shall be credited to the employee on the following dates:

President's Day
Veterans Day
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Friday after Thanksgiving
Christmas Eve
New Year's Eve
Section 14.02. HOLIDAYS WORKED. If an employee works his/her regular scheduled workday on a holiday, in addition to his/her regular pay, he/she will be compensated (as paid overtime or compensatory time) time and one-half for all hours worked.

Dispatcher/Clerks' holidays shall be deemed to be the actual date of the holiday and not days which may be recognized in lieu of the actual holiday date.

Section 14.06.. FLOATING HOLIDAY. All General employees covered by the terms of this Contract, except Dispatcher/Clerk employees in the Police Department, shall have one floating holiday per calendar year on a use it or lose it basis. A floating Holiday is equivalent to the number of hours normally scheduled for each employee (i.e., 8 hours for an employee who is on a 5/8 schedule, and 10 hours for an employee who is on a 4/10 schedule). The date of the floating holiday may be selected by the employee, but shall be subject to prior approval by the Department Head or his/her designee who shall consider the wishes of the employee and the needs of the City.

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holidays per calendar year on a use it or lose it basis. Tthe Floating Holidays shall be equivalent to the current contract work day. Currently, the contract work day is twelve (12) hours. day is 12 hours.

ARTICLE 15

At the expiration of the approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted.

Failure on the part of the employee on leave to report promptly at such leave's expiration, or within a reasonable time after receiving a notice to return to duty, shall be cause for discharge. The depositing in the United States Postal Service mail of a first classfirst-class letter, postage paid, addressed to the employee's last known place of residence, shall meet the requirements of reasonable notice.

During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive benefits except as specifically provided for in this Contract. The City shall contribute to an employee's medical health plan, dental and vision insurance plan, and life insurance plan for the first thirty (30) calendar days of an employee's authorized leave of absence. Thereafter, the City shall not have any obligation to contribute to an employee's medical health plan, dental and visual insurance plan, or life insurance plan until the employee is reinstated in a permanent position.

Vacation leave shall not be accrued beyond the first thirty (30) calendar days of an absence without pay.

All provisions of Section 15.01 of this Article shall apply to extended leaves of absence, unless specifically authorized otherwise by the City Council.

Section 15.03. MILITARY LEAVE OF ABSENCE. Military leave shall be granted in accordance with the provisions of state and federal law. All employees entitled to military leave shall give the Department Head an opportunity, within the limits of applicable laws, to determine when PAGE 83 of 885
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such leave shall be taken. Whenever possible, the employee involved shall notify his/her Department Head of such leave at least ten (10) working days in advance of the beginning date of such leave.

Section 15.04. SICK LEAVE. Sick leave shall be utilized solely forPaid sick leave may be used for the following reasons:

1. For the employee’s own diagnosis, care or treatment of an existing health condition or preventative care.

2. For the Ddiagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee's family member(s) . For purposes of this policy, family member means any of the following: Family member includes parent, child, spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandparent.
• Child (including biological, adopted or foster child; stepchild; legal ward; or a child to whom the employee stands in loco parentis regardless of age or dependency status;
• Spouse or registered domestic partner;
• Parent (including biological, adoptive, or foster parent; stepparent; legal guardian of an employee or the employee’s spouse or registered domestic partner; or a person who stood loco parentis when the employee was a minor child); • Grandparent;
• Grandchild;
• Sibling; or
• Designated person, which means a person identified by the employee at the time employee requests paid sick leave. Each employee is limited to one designated person per 12-month period for paid sick leave.
•3. To obtain relief or services related to being a victim of domestic violence, sexual assault, or staking as described in CA Labor Code Section 203(c) and 230.1(a).

07. General employees subject to this Contract shall accrue four (4) hours of sick leave time on the last day of each pay period, not to exceed eight (8) hours a month, up to a maximum of two hundred and forty (240) hours. Supervisory/Confidential employees shall accrue five (5) hours of sick leave time on the last day of each pay period, not to exceed 10 hours per month, up to a maximum of two-hundred and forty (240) hours. Upon reaching the maximum accrual allowed, the Formatted: Numbered + Level: 1 + Numbering Style:
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employee shall cease to accrue sick leave time until such time as the total accrued hours is less than the maximum permitted, at which time the hours shall accrue in the amount stated herein up to the maximum permitted. The employee shall continue to accrue sick leave, but the amount over the cap will be moved to a catastrophic sick leave bank. The employee may use this time for a catastrophic illness of the employee only upon presentation of a medical providers “Certificate of Serious Health Condition”. These hours cannot be cashed out at $0.50 on the dollar as described below, once they have been placed in the leave bank. In addition, the catastrophic sick leave cannot be converted to PERS service credit upon retirement.

An employee shall submit a "Leave Request" form to his/her immediate supervisor no less than twenty-four (24) hours prior to taking sick leave for pre-scheduled medical appointments.

An employee who has been absent from work due to illness shall complete a "Leave Request" form on the day he/she returns to work indicating the date, times and nature of illness If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notice to their supervisor by submitting a “Leave Request” form.

If the need for paid sick leave is unforeseeable, the employee shall provide notice to their supervisor of the need for the leave as soon as practicable, either verbally or in writing. The employee shall than submit a “Leave Request” on the day the employee returns to work.

Newly hired General employees shall receive forty-eight (48) hours of sick leave time, and Supervisory/Confidential employees shall receive sixty (60) hours of sick leave time, on the date of initial hire as an advance for accruals.

Employees leaving employment with the City for any reason other than a retirement separation, who have received an advance for accruals of sick leave time and who have used said sick leave time at a rate greater than eight (8) hours of sick leave time off for each month of actual employment during the six (6) month period of the advance, shall have the amount of sick leave time off used in excess of eight (8) hours per month deducted from the employee's final payroll on an hour for hour basis at the employee's hourly salary rate at the time of separation.

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No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time for the purpose of medical or sick leave.

Employee shall have no vested rights in the accrued sick leave time upon termination with the City.

The days worked for the City, by an employee who separates from the City and is rehired within 12 months from the date of separation, will count toward the 90 day qualification period.

Section 15.05. ADMINISTRATIVE LEAVE. Supervisory/Confidential employees in the Recreation Supervisor and Senior Planner classifications shall be eligible for administrative leave in recognition of the additional hours required in performance of their duties. Administrative leave shall be taken only upon the approval of the Department Head. Administrative leave shall be accrued at the end of the first pay period beginning after July 1st of each year and shall not be carried beyond the fiscal year in which it is accrued, and remaining administrative leave time shall not be compensated for.

Section 15.06. BEREAVEMENT LEAVE. On the death of a member of an affected employee's immediate family; meaning spouse, natural or adopted child, step child, grandchild, brother, sister, parent, grandparent, parent-in-law, brother or sister-in-law, step-parent, step-brother, step-sister, or other relative living in the same household, the employee shall be granted bereavement leave as follows:
(A) If the death occurred within a two hundred (200) miles radius of the City of San Marino, the employee shall be granted up to three (3) days bereavement leave. (B) If the death occurred outside a two hundred (200) miles radius of the City of San Marino, the employee shall be granted up to five (5) days bereavement leave. (C) The City Manager, upon consultation with the Department Head, may permit an employee to use paid bereavement leave for an individual who is not included in the above definition of immediate family. The City Manager's decision regarding any request submitted under this subsection shall not be subject to the grievance and arbitration procedure contained in Article 07.

ARTICLE 16

INSURANCE AND RELATED BENEFITS
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Section 16.01. MEDICAL BENEFITS. Medical benefits shall be under the P.E.R.S. medical program.

Section 16.02. OTHER HEALTH BENEFITS. The City shall make available to current employees group dental, vision, life and long termlong-term disability insurance programs, for as long as employee participation permits such programs to be provided. Employees may join or remove themselves or their dependents from participation in any program once annually during the open enrollment period set by the CalPERS. The City shall notify employees of the open enrollment period by providing a notice with payroll at least three (3) weeks prior to the open enrollment period.

Employees may modify their dependent coverage under any such insurance program as needed, or as may be permitted by the insurance program.

Section 16.03. EMPLOYEE PARTICIPATION. All employees shall be covered under the P.E.R.S. medical program, except as provided for herein. The employee may select from the P.E.R.S. plans which health program is best for the employee's family once annually. Employees may modify their dependent medical coverage under the
P.E.R.S. health plan as permitted by the insurance company.

Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.

If an employee is able to provide proof of coverage under a spouse's or other health insurance plan, the employee need not obtain health insurance under the City's provided CalPERS medical program. All employees electing not to participate in the City's CalPERS medical program shall be required to:

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.

SECTION 16.04. CITY CONTRIBUTION. Employees shall only receive a City contribution for the P.E.R.S. medical program, and for dental, vision, life and long termlong-term disability insurance programs in an amount that equals the actual premium costs for the insurance benefits selected by the employee but not to exceed the total City contribution provided for in this Section.

The City of San Marino will establish a flexible floating fringe benefit pool ("FFBP") for currently active employees. This "FFBP" shall not be used by any current annuitants or future PAGE 87 of 885
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annuitants. The purpose of the "FFBP" is to provide currently active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.

Effective January 1, 2023, the City of San Marino shall contribute the following flat rates per month on behalf of each currently active employee to the “FFBP”:

No Coverage Elected for Medical Insurance: $906.94
Employee Only Coverage Elected for Medical Insurance: $906.94 Employee +1 Dependent Coverage Elected for Medical Insurance: $1,950.10 Employee + 2 or More Dependents Coverage Elected for Medical Insurance: $2,612.36 Effective January 1, 2024, the City will fully fund the same insurances noted above, recalculating the amounts based on insurance premium increases.

All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cash-out reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by $50.75 per month, that employee’s cash-out will reduce by $50.75 per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

For Legacy Cash Out Program employees who waive medical insurance coverage, their PAGE 88 of 885
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cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

Section 16.06. RETIREE PARTICIPATION. Retirees shall be provided two hundred dollars ($200) per month to be used for payment toward the medical and health benefits contained herein.

If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City, the employee shall have no rights to the balance available.

Each August 1st thereafter, the City shall increase the contribution available to retirees by the amount required by the P.E.R.S. medical program.

Section 16.07. LONG TERM DISABILITY INSURANCE. The City shall provide a Long- Term Disability (LTD) insurance program for affected employees. The cost for said LTD insurance shall be paid by the employee from the monthly City contribution provided in Section 16.04 of this article. All affected employees shall be required to participate in the Long- Term Disability insurance program.

The Short/Long Term Disability program shall be with a thirty (30) day elimination period up to age 65.

All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.

Section 16.09. INJURED ON DUTY INSURANCE CONTRIBUTION CONTINUATION. If an employee who has been employed by the City for five (5) or more years suffers a work relatedworkrelated injury and is absent from work the City shall continue to make the insurance contribution provided for in Section 16.04 for a maximum of six (6) months. The employee may only continue to participate in the same type (medical, dental, vision, etc.) of benefit plan(s) and level of benefits (employee, employee plus one or employee plus two or more) that the employee participated in immediately prior to his/her work relatedwork-related injury.

Section 16.10 HEPATITIS B VACCINATIONS. Upon request, employees required to work in the sewer shall receive Hepatitis B vaccinations.

Section 16.11. RETIREMENT HEALTH SAVINGS PLAN. The City agrees to sponsor a PAGE 89 of 885
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Retirement Health Savings (RHS) Plan, pursuant to the employee group agreeing on contributions and meeting the RHS plan criteria.

ARTICLE 17

Employees hired on or after July 1, 2012 but before January 1, 2013 shall be subject to the 2% at 60 formula with a three yearthree-year average final compensation. These “Classic” employees shall pay the employees' share of the required retirement contribution to P.E.R.S. which equals seven percent (7%) of the employee's base compensation as defined by the Public Employee's Retirement Law, Government Code Section 20000 et seq.

Pursuant to Pension Reform Act (“PEPRA”), employees hired on or after January 1, 2013, shall be eligible to retire at 2% at 62 formula with a three yearthree-year average final compensation. These “PEPRA” employees shall pay 6.5% or half of non-Classic normal costs of the employee's contribution to the California Public Employees Retirement System. The City will report these employee payments as being those of the affected employee's so that they will be credited to the particular employee's individual account with P.E.R.S.

ARTICLE 18

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ARTICLE 19

CONDITIONS OF CONTINUED EMPLOYMENT
Section 19.01. NOTICE OF DRIVER'S LICENSE SUSPENSION. All employees shall maintain a valid California driver's license in order to operate city equipment. In the event an employee's driver's license is suspended, the employee shall immediately notify his/her respective supervisor. Failure to do so may result in disciplinary action including termination." Section 19.02. COVID-19 VACCINE MANDATE. In August 2021, the City announced its intention to establish a vaccine mandate for all employees and invited CEA to engage in bargaining on the negotiable effects of the mandate. On October 27, 2021, CEA agreed to the vaccine mandate policy, which is included here as Attachment C and is currently in effect.

ARTICLE 20

However, no permanent full-time employee shall be separated from any department while there are emergency, seasonal, probationary, part-time or temporary employees serving in the same class of positions in the City.

The name of permanent employees who have been laid off due to reduction in force shall be PAGE 91 of 885
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placed on an appropriate layoff reemployment list according to the date of separation and shall be based on: last employee laid off is the first employee on the list, with other employees eligible in sequential order thereafter. Such list shall be used by the appointing officer when a vacancy for that class is to be filled before certification.

Said reemployment list shall exist for one year.

Section 20.05. REAPPOINTMENT. The appointing officer shall reinstate the former employee to the highest available position in the layoff reemployment list, if any.

ARTICLE 21

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

ARTICLE 22

REOPENERS DURING THE MOU
During the term of this MOU, the parties agree to reopen the MOU on the following subjects:

1. Revision of current Personnel Rules.

2. Revision of current Performance Evaluation Form(s) and Process.

3. Updates to current Classification Specifications.

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Any changes to the above subjects shall require either mutual agreement or exhaustion of the impasse process (including fact finding).

In the event that either statutory or case law is changed to allow future hires to be excluded from the CalPERS retirement system, the parties agree to reopen the MOU on the subject of exclusion of new hire employees from the CalPERS retirement system. Any change to this subject shall require mutual agreement.

ARTICLE 23

WORK SCHEDULES
Effective February 2, 2020July 1, 2024, the following work schedule shall take effect for City Hall Staff unless otherwise modified by the City Manager:

Monday-Thursday 7:00 a.m. to 5:00 p.m.

Friday 7:00 a.m. to 11:00 a.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule.

Exceptions:

Community Development
• Code Enforcement Officers: Hours vary depending on department needs. Some shifts will:
o Be on weekends;
o Begin as early as 6:00 a.m.; and/or
o End as late as 9:00 p.m.

Note: Baring an emergency, Code Enforcement Officers will be provided two weeks’ advanced notice of any changes to their work schedule.

Library Staff
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• Hours vary depending on department needs and are established by City Manager in consultation with the Department Director or his/her designee. Some shifts will:
o Be on weekends;
o Begin as early as 7:00 a.m.; and/or
o End as late as 9:30 p.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule. • Clerk Typist: Monday through Friday 9:00 a.m to 6:00 p.m. • Circulation Librarian II:
o Tuesday through Thursday 12:00 p.m. to 9:00 p.m.
o Monday and Saturday (Alternating) 12:00 p.m. 9:00 p.m. • Adult Librarian II:
o Mondays 12:00 p.m. to 9:00 p.m.
o Tuesday through Thursday 9:00 a.m. to 6:00 p.m.
o Friday and Saturday (Alternating) 9:00 a.m. to 6:00 p.m. • Youth Services Librarian II:
o Monday, Tuesday, and Thursday 9:00 a.m. to 6:00 p.m.
o Wednesday 12:00 p.m. to 9:00 p.m.
o Friday and Sunday (Alternating) 9:00 a.m. to 6:00 p.m.

Recreation Staff
• Hours vary depending on department needs and are established by City Manager in consultation with the Department Director or his/her designee. Some shifts will:
o Be on weekends;
o Begin as early as 7:00 a.m.; and/or
o End as late as 9:30 p.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule. • Recreation Supervisor:
• Monday through Friday 6:30 a.m. to 3:30 p.m.; OR
o Monday through Thursday 7:00 a.m. to 5:00 p.m. AND Friday (Alternating) 8:00 a.m. to 12:00 p.m. or 2:00 p.m. to 6:00 p.m. • Recreation Coordinator:
o Monday through Thursday 8:00 a.m. to 6:00 p.m.
o Friday (Alternating) 8:00 a.m. to 12:00 p.m. or 2:00 p.m. to 6:00 p.m.

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• Clerk Typist:
o Monday and Wednesday 7:30 a.m. to 6:00 p.m.
o Tuesday and Thursday 7:30 a.m. to 5:00 p.m. (from 5:30pm) o Friday 7:00 a.m. to 11:00 a.m. (from 10am)
Public Works
• Hours vary depending on department needs and are established by City Manager in consultation with the Department Director or his/her designee. Some shifts will:
o Be on weekends;
o Begin as early as 6:00 a.m.; and/or
o End as late as 6:00 p.m.

Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule. • All staff will work Monday through Friday, with half of staff working, at management’s discretion,
o Monday through Friday 6:30 a.m. to 3:30 p.m.; or
o Monday through Friday 8:00 a.m. to 5:00 p.m.
• Management reserves the right to include weekend shifts as part of employees’ regular working schedule, depending on the needs of the City.

Police
• Police Dispatcher-Clerk will regularly work 3 twelve-hour shifts per week, plus One week, plus 1 extra eight-hour shift over the course of the pay period.

Shifts will rotate every four months. Shift selection shall be based on seniority.

After two (2) rotations on the same shift, personnel are required to move to an opposite shift. A dispatcher can swap a newleynewly-assigned shift with another dispatcher if both dispatchers agree to the swap, and it has been approved by the Dispatch Manager with the concurrence of the Chief of Police. In the case of event one a staff vacancy, Management reserves the right to make emergency schedule adjustments.

Fire
• Management Analyst:
o Monday through Thursday from 7:30 a.m. to 5:00 p.m. with a 30 minute30-minute lunch period unless otherwise modified by the City Manager in consultation with the Department Director or his/her designee.

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o Friday from 7:00 a.m. to 11:00 a.m. unless otherwise modified by the City Manager in consultation with the Department Director or his/her designee. o
Note: Baring an emergency, employees will be provided two weeks’ advanced notice of any changes to their permanent work schedule.

ARTICLE 24

2. Any temporary supplemental help shall only be in place until the vacancy is filled.

3. Temporary supplemental help shall not displace regular employees of the Association and/or negate the necessity of conducting a recruitment to fill the vacancy.

4. The Association expressly waives its right to “meet and confer” and/or “meet and consult” on the use of temporary supplemental help if the City complies with paragraphs 1, 2, and 3 above.

5. Provided that the City complies with paragraphs 1, 2, and 3 above, the Association agrees that further “meet and confer” and/or “meet and consult” is not necessary.” ARTICLE 25

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ARTICLE 26

All subjects referred to in the management right's clause shall likewise be deemed to have been raised and bargained to a conclusion.

ARTICLE 27

ARTICLE 28

SEPARABILITY PROVISION
Should any provisions of this Memorandum of Understanding be found to be inoperative, inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. The parties shall meet and confer over a new provision to replace any such provision stricken by law.

ARTICLE 29

TERM OF MEMORANDUM OF UNDERSTANDING
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The term of this Memorandum of Understanding shall commence on July 1, 2024 and upon ratification by the Association member bargaining unit members and adoption by the City Council; shall be applied retroactively to July 1, 2022; and shall continue in full force and effect until June 30, 20247.

ARTICLE 30

CITY OF SAN MARINO SAN MARINO CITY EMPLOYEES'

ASSOCIATION
By: By:

By: By:

By: By: ___
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ATTACHMENT "A"

EMPLOYEE CLASSIFICATIONS
General
Account Clerk
Building Inspector I/II
Building Inspector II
Permit Tech I/II Permit Tech II
Police Recruit Shop Foreman
Building & Planning Assistant
Clerk Typist I/II
Clerk Typist II
Police Dispatcher/Clerk
Gardener I/II
Gardener II Groundsman
Facility Supervisor
Librarian I/ Librarian II Librarian/ Ill
Library Clerk Ill
Maintenance Worker I/II/III
Maintenance Worker II Maintenance
Worker Ill Park Foreman
Park Leadman
Park Maintenance
Street Foreman
Tree Trimmer I/II Tree Trimmer II
Urban Forester
Supervisory/Confidential
Accountant I
Administrative Assistant
Assistant Planner
Associate Planner
Code Enforcement Officer
Executive Secretary
Human Resources Analyst
Management Analyst
Police Records Clerk
Recreation Supervisor
Senior Planner
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0.75", Left + 0.88", Left
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ATTACHMENT “B”

WAGE BENEFIT SCHEDULES
Monthly Rates Effective: 7/1/20242
Classification Step A Step B Step C Step D Step E
Senior Planner $8,349 $8,767 $9,205 $9,665 $10,148
Recreation Supervisor $7,540 $7,917 $8,313 $8,728 $9,165 Associate Planner $7,264 $7,627 $8,008 $8,409 $8,829
Librarian II $6,889 $7,233 $7,595 $7,974 $8,373
Management Analyst $6,816 $7,157 $7,515 $7,891 $8,285
Shop Foreman $6,753 $7,091 $7,446 $7,818 $8,209
Park Foreman $6,725 $7,061 $7,414 $7,785 $8,174
Street Foreman $6,725 $7,061 $7,414 $7,785 $8,174
Facilities Supervisor $6,725 $7,061 $7,414 $7,785 $8,174 Building Inspector II $6,502 $6,828 $7,169 $7,527 $7,904 Assistant Planner $6,502 $6,827 $7,169 $7,527 $7,903
Code Enforcement Officer $6,393 $6,712 $7,048 $7,400 $7,770 Human Resources Analyst $6,102 $6,407 $6,728 $7,064 $7,417 Urban Forester $6,025 $6,326 $6,643 $6,975 $7,323
Administrative Assistant $5,547 $5,824 $6,116 $6,421 $6,742 Building Inspector I $5,477 $5,750 $6,038 $6,340 $6,657 Maintenance Worker III $5,477 $5,750 $6,038 $6,340 $6,657 Police Recruit $5,402 $5,672 $5,956 $6,254 $6,567
Permit Technician $5,401 $5,671 $5,955 $6,253 $6,565
Police Dispatcher/Clerk $5,383 $5,652 $5,935 $6,232 $6,543 Police Records Clerk $5,116 $5,372 $5,640 $5,922 $6,218 Librarian I $4,961 $5,209 $5,469 $5,742 $6,030
Recreation Coordinator $4,961 $5,209 $5,469 $5,742 $6,030 Maintenance Worker II $4,860 $5,103 $5,358 $5,626 $5,907 Maintenance Worker I $4,619 $4,850 $5,092 $5,347 $5,614 Account Clerk $4,473 $4,697 $4,932 $5,178 $5,437
Clerk Typist II $4,181 $4,390 $4,609 $4,840 $5,082
Step A Step B Step C Step D Step E
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PAGE 100 of 885
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Senior Planner $7,719 $8,105 $8,511 $8,936 $9,383
Recreation
Supervisor $6,971 $7,320 $7,686 $8,070 $8,473
Associate Planner $6,716 $7,052 $7,404 $7,774 $8,163
Librarian II $6,369 $6,687 $7,022 $7,373 $7,741
Management
Analyst $6,302 $6,617 $6,948 $7,295 $7,660
Shop Foreman $6,244 $6,556 $6,884 $7,228 $7,590
Park Foreman $6,217 $6,528 $6,855 $7,198 $7,557
Street Foreman $6,217 $6,528 $6,855 $7,198 $7,557
Assistant Planner $6,012 $6,312 $6,628 $6,959 $7,307
Code Enforcement
Officer $5,910 $6,206 $6,516 $6,842 $7,184
Urban Forester $5,570 $5,849 $6,141 $6,449 $6,771
Administrative
Assistant $5,129 $5,385 $5,654 $5,937 $6,234
Building Inspector I $5,063 $5,317 $5,582 $5,862 $6,155 Maintenance $5,063 $5,317 $5,582 $5,862 $6,155
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Worker III
Police Recruit $4,995 $5,245 $5,507 $5,782 $6,071
Permit Technician $4,994 $5,244 $5,506 $5,781 $6,070
Police
Dispatcher/Clerk $4,977 $5,226 $5,487 $5,762 $6,050
Police Records
Clerk $4,730 $4,966 $5,215 $5,475 $5,749
Librarian I $4,586 $4,816 $5,056 $5,309 $5,575
Recreation
Coordinator $4,586 $4,816 $5,056 $5,309 $5,575
Maintenance
Worker II $4,493 $4,718 $4,954 $5,201 $5,461
Maintenance
Worker I $4,270 $4,484 $4,708 $4,943 $5,191
Account Clerk $4,136 $4,342 $4,560 $4,787 $5,027
Clerk Typist II $3,865 $4,059 $4,262 $4,475 $4,698
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Monthly Rates Effective: 7/1/20253
Classification Step A Step B Step C Step D Step E
Senior Planner $8,683 $9,117 $9,573 $10,052 $10,554
Recreation Supervisor $7,841 $8,234 $8,645 $9,077 $9,531 Associate Planner $7,554 $7,932 $8,329 $8,745 $9,182
Librarian II $7,164 $7,522 $7,898 $8,293 $8,708
Management Analyst $7,089 $7,443 $7,816 $8,206 $8,617
Shop Foreman $7,024 $7,375 $7,743 $8,131 $8,537
Park Foreman $6,994 $7,344 $7,711 $8,096 $8,501
Street Foreman $6,994 $7,344 $7,711 $8,096 $8,501
Facilities Supervisor $6,994 $7,344 $7,711 $8,096 $8,501 Building Inspector II $6,763 $7,101 $7,456 $7,828 $8,220 Assistant Planner $6,762 $7,100 $7,455 $7,828 $8,219
Code Enforcement Officer $6,648 $6,981 $7,330 $7,696 $8,081 Human Resources Analyst $6,346 $6,663 $6,997 $7,346 $7,714 Urban Forester $6,266 $6,579 $6,908 $7,254 $7,616
Administrative Assistant $5,769 $6,057 $6,360 $6,678 $7,012 Building Inspector I $5,696 $5,980 $6,279 $6,593 $6,923 Maintenance Worker III $5,696 $5,980 $6,279 $6,593 $6,923 Police Recruit $5,618 $5,899 $6,194 $6,504 $6,829
Permit Technician $5,617 $5,898 $6,193 $6,503 $6,828
Police Dispatcher/Clerk $5,599 $5,879 $6,172 $6,481 $6,805 Police Records Clerk $5,320 $5,586 $5,866 $6,159 $6,467 Librarian I $5,159 $5,417 $5,688 $5,972 $6,271
Recreation Coordinator $5,159 $5,417 $5,688 $5,972 $6,271 Maintenance Worker II $5,054 $5,307 $5,572 $5,851 $6,143 Maintenance Worker I $4,804 $5,044 $5,296 $5,561 $5,839 Account Clerk $4,652 $4,885 $5,129 $5,385 $5,655
Clerk Typist II $4,348 $4,565 $4,794 $5,033 $5,285
Step A Step B Step C Step D Step E
Senior Planner $8,028 $8,429 $8,851 $9,293 $9,758
Recreation
Supervisor $7,250 $7,612 $7,993 $8,393 $8,812
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Associate Planner $6,984 $7,334 $7,700 $8,085 $8,490
Librarian II $6,624 $6,955 $7,303 $7,668 $8,051
Management
Analyst $6,554 $6,882 $7,226 $7,587 $7,967
Shop Foreman $6,494 $6,818 $7,159 $7,517 $7,893
Park Foreman $6,466 $6,790 $7,129 $7,485 $7,860
Street Foreman $6,466 $6,790 $7,129 $7,485 $7,860
Assistant Planner $6,252 $6,565 $6,893 $7,237 $7,599
Code Enforcement
Officer $6,147 $6,454 $6,777 $7,116 $7,471
Urban Forester $5,793 $6,083 $6,387 $6,706 $7,042
Administrative
Assistant $5,334 $5,600 $5,880 $6,174 $6,483
Building Inspector I $5,266 $5,529 $5,806 $6,096 $6,401 Maintenance
Worker III $5,266 $5,529 $5,806 $6,096 $6,401
Police Recruit $5,195 $5,454 $5,727 $6,013 $6,314
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Permit Technician $5,194 $5,453 $5,726 $6,012 $6,313
Police
Dispatcher/Clerk $5,176 $5,435 $5,707 $5,992 $6,292
Police Records
Clerk $4,919 $5,165 $5,423 $5,694 $5,979
Librarian I $4,770 $5,008 $5,259 $5,522 $5,798
Recreation
Coordinator $4,770 $5,008 $5,259 $5,522 $5,798
Maintenance
Worker II $4,673 $4,906 $5,152 $5,409 $5,680
Maintenance
Worker I $4,441 $4,663 $4,896 $5,141 $5,398
Account Clerk $4,301 $4,516 $4,742 $4,979 $5,228
Clerk Typist II $4,020 $4,221 $4,432 $4,654 $4,886
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Monthly Rates Effective: 7/1/2026
Classification Step A Step B Step C Step D Step E
Senior Planner $9,030 $9,482 $9,956 $10,454 $10,977
Recreation Supervisor $8,155 $8,563 $8,991 $9,441 $9,913 Associate Planner $7,856 $8,249 $8,662 $9,095 $9,550
Librarian II $7,451 $7,823 $8,214 $8,625 $9,056
Management Analyst $7,372 $7,741 $8,128 $8,535 $8,961
Shop Foreman $7,304 $7,670 $8,053 $8,456 $8,879
Park Foreman $7,274 $7,637 $8,019 $8,420 $8,841
Street Foreman $7,274 $7,637 $8,019 $8,420 $8,841
Facilities Supervisor $7,274 $7,637 $8,019 $8,420 $8,841 Building Inspector II $7,033 $7,385 $7,754 $8,142 $8,549 Assistant Planner $7,033 $7,384 $7,753 $8,141 $8,548
Code Enforcement Officer $6,914 $7,260 $7,623 $8,004 $8,404 Human Resources Analyst $6,600 $6,930 $7,277 $7,640 $8,022 Urban Forester $6,517 $6,843 $7,185 $7,544 $7,921
Administrative Assistant $6,000 $6,300 $6,615 $6,945 $7,293 Building Inspector I $5,924 $6,220 $6,531 $6,857 $7,200 Maintenance Worker III $5,924 $6,220 $6,531 $6,857 $7,200 Police Recruit $5,843 $6,135 $6,442 $6,764 $7,102
Permit Technician $5,842 $6,134 $6,441 $6,763 $7,101
Police Dispatcher/Clerk $5,823 $6,114 $6,419 $6,740 $7,077 Police Records Clerk $5,533 $5,810 $6,100 $6,405 $6,726 Librarian I $5,365 $5,634 $5,915 $6,211 $6,522
Recreation Coordinator $5,365 $5,634 $5,915 $6,211 $6,522 Maintenance Worker II $5,256 $5,519 $5,795 $6,085 $6,389 Maintenance Worker I $4,996 $5,245 $5,508 $5,783 $6,072 Account Clerk $4,838 $5,080 $5,334 $5,601 $5,881
Clerk Typist II $4,522 $4,748 $4,985 $5,235 $5,496
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Merit increases are based on the following for all employees hired:

Step A - for first six (6) months of employment.

Step B (*) - eligible after six (6) months of employment.

Step C (**) - eligible after eighteen (18) months ofemployment.

Step D (**) - eligible after thirty (30) months of employment.

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ATTACHMENT C

BUSINESS ATTIRE & GROOMING POLICY
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ATTACHMENT D
COVID-19 VACCINE MANDATE POLICY
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MEMORANDUM OF UNDERSTANDING 2024-2027

CITY OF SAN MARINO
AND

SAN MARINO FIREFIGHTERS' ASSOCIATION

REPRESENTING
SAN MARINO FIRE FIGHTERS, LOCAL 3626

MEMORANDUM OF UNDERSTANDING
JULY 1, 2024 TO JUNE 30, 2027
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TABLE OF CONTENTS

SECTION HEADING PAGE
ARTICLE I RECOGNITION OF THE ORGANIZATION ..........................................................1 Section 1.1. RECOGNITION.................................................................................................... 1 Section 1.2. MAJORITY REPRESENTATION ........................................................................ 1 Section 1.3. FILING OF PETITIONS ....................................................................................... 1 ARTICLE II NON-DISCRIMINATION PLEDGE........................................................................1 Section 2.1. EMPLOYEE RIGHTS........................................................................................... 1 Section 2.2. NO DISCRIMINATION......................................................................................... 1 ARTICLE III CITY RIGHTS ........................................................................................................2 Section 3.1. RESERVED RIGHTS........................................................................................... 2 Section 3.2. IMPACT OF CITY RIGHTS ................................................................................. 3 ARTICLE IV ORGANIZATION RIGHTS.....................................................................................4 Section 4.1. DUES DEDUCTIONS ........................................................................................... 4 Section 4.2. INDEMNIFICATION .............................................................................................. 4 Section 4.3. DEFINITIONS ....................................................................................................... 4 Section 4.4. STEWARDS.......................................................................................................... 5 Section 4.5. REPORTING FORM ............................................................................................. 5 Section 4.6. STEWARD'S PERMISSION TO LEAVE WORK LOCATION.............................. 5 Section 4.7. INCREASED COMMUNICATION BETWEEN THE
ASSOCIATION AND THE CITY ..........................................................................6 Section 4.8. ALLOWED TIME FOR STEWARDS .................................................................... 6 ARTICLE V NO STRIKE - NO LOCKOUT PLEDGE ................................................................6 Section 5.1. ASSOCIATION PROHIBITED CONDUCT.......................................................... 6 Section 5.2. LO LOCKOUT ...................................................................................................... 6 Section 5.3. ASSOCIATION RESPONSIBILITY ..................................................................... 6 ARTICLE VI PROBATION ...........................................................................................................7 Section 6.1. PROBATION PERIOD......................................................................................... 7 Section 6.2. PERMANENT STATUS ........................................................................................ 7 PAGE 111 of 885
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ARTICLE VII GRIEVANCES ........................................................................................................7 Section 7.1. PURPOSE OF GRIEVANCE PROCEDURE ....................................................... 7 Section 7.2. GRIEVANCE ......................................................................................................... 7 Section 7.3. GUIDELINES......................................................................................................... 8 Section 7.4. TIME LIMITS ......................................................................................................... 9 Section 7.5. NO CHANGES ...................................................................................................... 9 Section 7.6 ADVISORY ARBITRATION .................................................................................. 9 ARTICLE VIII WAGE AND SALARY POLICY .......................................................................... 10 Section 8.1. BASIC COMPENSATION PLAN ........................................................................ 10 Section 8.2. SALARY AND WAGE SCHEDULES.................................................................. 10 Section 8.3. ADMINISTRATION OF BASIC COMPENSATION PLAN.................................. 10 Section 8.4. BEGINNING RATES........................................................................................... 11 Section 8.5. SERVICE............................................................................................................. 11 Section 8.6. ADVANCEMENT WITHIN SCHEDULE ............................................................. 11 Section 8.7. PROMOTIONAL TESTING.................................................................................. 12 Section 8.8. COMPENSATION INCREASES FOR PROMOTIONS...................................... 12 Section 8.9. PERMANENT STATUS AFTER PROMOTION ................................................. 13 Section 8.10. COMPENSATION ON DEMOTION ................................................................. 13 Section 8.11. LONGEVITY PAY 13
ARTICLE IX OTHER WAGE AND HOURLY BENEFITS......................................................... 13 Section 9.1. OVERTIME WORKED ........................................................................................ 13 Section 9.2. PAYMENT UPON TERMINATION..................................................................... 14 Section 9.3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED........................ 14 Section 9.4. WORKING OUT OF CLASS............................................................................... 15 Section 9.5. OTHER ACTING POSITIONS............................................................................ 15 Section 9.6. CALL BACK PAY ................................................................................................ 15 Section 9.7. OUTSIDE SERVICES......................................................................................... 15 Section 9.8. SPECIAL COMPENSATION ............................................................................... 16 Section 9.9. SHIFT EXCHANGE ............................................................................................ 17 ARTICLE X PARAMEDICS....................................................................................................... 17 Section 10.1. AUTHORIZATION............................................................................................. 17 Section 10.2. APPOINTMENT ................................................................................................ 17 Section 10.3. COORDINATION .............................................................................................. 17 Section 10.4. PARAMEDIC PAY............................................................................................. 17 ARTICLE XI EDUCATION BENEFIT AND CAREER DEVELOPMENT .................................. 18 Section 11.1. TUITION REIMBURSEMENT PLAN ................................................................ 18 Section 11.2. LIMITATIONS ON TUITION REIMBURSEMENT............................................ 19 PAGE 112 of 885
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Section 11.3. EDUCATION INCENTIVE PLAN...................................................................... 20 ARTICLE XII TRAVEL ALLOWANCE....................................................................................... 21 Section 12.1. AUTOMOBILE ALLOWANCE .......................................................................... 21 ARTICLE XIII VACATION BENEFIT......................................................................................... 21 Section 13.1. ACCRUAL AND USE........................................................................................ 21 Section 13.2. USE OF VACATION ......................................................................................... 23 Section 13.3. VACATION PAYMENT AT TERMINATION ..................................................... 24 Section 13.4. ELIGIBILITY ...................................................................................................... 24 ARTICLE XIV HOLIDAY BENEFIT ........................................................................................... 25 Section 14.1. HOLIDAY DATES ............................................................................................. 25 Section 14.2. HOLIDAYS WORKED....................................................................................... 25 Section 14.3. HOLIDAY ON VACATION DAY........................................................................ 25 Section 14.4. HOLIDAY CASH OUT......................................................................................... 25 Section 14.5. FLOATING HOLIDAY ........................................................................................ 25 ARTICLE XV SICK LEAVE ..................................................................................................... 26 Section 15.1. ACCRUAL USE................................................................................................. 26 Section 15.2. MAXIMUM SICK LEAVE ACCRUAL................................................................ 27 ARTICLE XVI LEAVES OF ABSENCE.................................................................................... 28 Section 16.1. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY................................... 28 Section 16.2. EXTENDED LEAVE OF ABSENCE ................................................................. 28 Section 16.3. MILITARY LEAVE OF ABSENCE .................................................................... 29 Section 16.4. BEREAVEMENT LEAVE.................................................................................. 29 Section 16.5. JURY DUTY ....................................................................................................... 29 Section 16.6. FAMILY CARE AND MEDICAL LEAVE ............................................................ 29 ARTICLE XVII INSURANCE AND RELATED BENEFITS ....................................................... 30 Section 17.1. FLEXIBLE MEDICAL BENEFITS ..................................................................... 30 Section 17.2. OTHER HEALTH BENEFITS ........................................................................... 31 Section 17.3. EMPLOYEE PARTICIPATION ......................................................................... 31 Section 17.4. CITY CONTRIBUTION ..................................................................................... 32 Section 17.5. FLEXIBLE FLOATING FRINGE BENEFIT POOL ............................................ 32 Section 17.6. FLORES DECISION .......................................................................................... 32 Section 17.7. RETIREMENT HEALTH SAVINGS PLAN ........................................................ 33 Section 17.8. RETIREE PARTICIPATION.............................................................................. 33 Section 17.9. RETIREE MEDICAL TRUST ............................................................................. 33 PAGE 113 of 885
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Section 17.10. LONG TERM DISABILITY INSURANCE ....................................................... 34 Section 17.11 LIFE INSURANCE ............................................................................................. 35 ARTICLE XVIII RETIREMENT BENEFIT ................................................................................. 35 Section 18.1. CALPERS MEMBERSHIP................................................................................. 35 Section 18.2. RETIREMENT PLAN ......................................................................................... 36 ARTICLE XIX LAYOFF PROCEDURE .................................................................................... 36 Section 19.1. NEED FOR LAYOFF ........................................................................................ 36 Section 19.2. ORDER OF SEPARATION............................................................................... 36 Section 19.3. BUMPING RIGHTS........................................................................................... 37 Section 19.4. WRITTEN NOTICE OF LAYOFF/REEMPLOYMENT RIGHTS........................ 37 Section 19.5. REAPPOINTMENT ........................................................................................... 37 Section 19.6. REEMPLOYMENT PROCEDURE ................................................................... 37 ARTICLE XX CONDITIONS OF CONTINUED EMPLOYMENT ............................................. 37 Section 20.1. EMT-P LICENSE............................................................................................... 37 Section 20.2. EMT-1 LICENSE............................................................................................... 38 Section 20.3. DRIVER'S LICENSE.......................................................................................... 38 ARTICLE XXI SCOPE OF MEMORANDUM OF UNDERSTANTING ..................................... 38 ARTICLE XXII EMERGENCY WAIVER PROVISION .............................................................. 38 ARTICLE XXIII REOPENNERS DURING THE MEMORANDUM OF UNDERSANDING ...... 39 ARTICLE XXIV SEPARABILITY PROVISION.......................................................................... 39 ARTICLE XXV TERM OF MEMORANDUM OF UNDERSTANDING...................................... 40 EXHIBIT "A"
WAGE BENEFIT SCHEDULE .................................................................................................. 41 MERIT INCREASES ....................................................................................................... 41

ARTICLE I
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RECOGNITION OF THE ORGANIZATION
Section 1.1. RECOGNITION. The City of San Marino (hereinafter called the "City") has recognized San Marino Firefighters’ Association (hereinafter called the "Association") as the majority representative of employees in the classifications of: Firefighter, Firefighter/Paramedic, Fire Engineer, and Fire Captain (hereinafter the "affected employees").

Section 1.2. MAJORITY REPRESENTATION. The City shall recognize the Association as the majority representation of all employees in these classifications for the purpose of meeting its obligations under this Resolution, the Meyers-Milias-Brown Act, Government Code 3500, et seq., when the City's rules, regulations, or laws affecting wages, hours, and other terms and conditions of employment are appropriately amended or changed.

Section 1.3. FILING OF PETITIONS. This written contract shall bar the filing of a Petition for Certification or Petition for Decertification of a recognized employee organization for this employee representation unit during the term of this Memorandum of Understanding, provided that a Petition for Certification or Decertification may be filed during a period beginning not earlier than 120 calendar days and ending not less than 90 calendar days before expiration of said Memorandum of Understanding.

ARTICLE II

NON-DISCRIMINATION PLEDGE
Section 2.1. EMPLOYEE RIGHTS. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in such activities in accordance with Government Code Sections 3500, et seq.

Section 2.2. NO DISCRIMINATION. The City and the Association agree that they shall not discriminate against any employee because of race, color, religion, sex (including gender identity, sexual orientation and pregnancy), age, national origin, political or religious opinions or affiliations, marital status, disability, association membership, medical condition, or genetic information as defined by State and Federal law. The City and the Association shall reopen any provision of this Memorandum of Understanding for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Memorandum of Understanding in compliance with State or Federal antidiscrimination laws.

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ARTICLE III

CITY RIGHTS
Section 3.1. RESERVED RIGHTS. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Memorandum of Understanding or by law, shall include but not be limited to the following rights:

A. To manage the City generally and to determine the issues of policy; B. To determine the existence or nonexistence of facts which are the basis of the Management decision;
C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
D. To determine the nature, manner, means and technology and extent of services to be provided to the public;
E. To establish methods of financing;
F. To establish types of equipment or technology to be used; G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted; H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City; I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; J. To determine at its sole discretion whether to staff the fire engine with four (4) or three (3) personnel.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons; L. To establish and modify productivity and performance programs and standards for City operations;
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M. To discharge, suspend, demote, or otherwise discipline employees for proper cause; N. To determine job classifications and to reclassify employees; O. To hire, transfer, promote, and demote employees for non-disciplinary reasons, in accordance with this Memorandum of Understanding and the City's Rules and Regulations;
P. To determine policies, procedures, and standards;
Q. To establish employee performance standards, including but not limited to quality and quantity standards; and to require compliance therewith; R. To maintain order and efficiency in its facilities and operations; S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Memorandum of Understanding;
T. To take any and all necessary action to carry out the mission of the City in emergencies; U. To determine the mission of its constituent departments, boards and commissions; V. To establish the need and use of personnel information for employees and the means by which that information is to be provided. Employees retain their rights to privacy as provided by law.

Section 3.2. IMPACT OF CITY RIGHTS. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact upon employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding.

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ARTICLE IV

ORGANIZATION RIGHTS
Section 4.1. DUES DEDUCTIONS. The City shall continue its present policy of payroll deductions on a twice a month basis of Association dues and assessments, and supplemental group life insurance payments, in the amount certified to be current by the Treasurer of the Association and as authorized in writing by the individual employees. The total amount of deductions, together with a current list of Association members, shall be remitted by the City to the Treasurer of the Association within ten (10) calendar days of the last monthly deduction. deduction.

Section 4.2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association caused by the Association's negligence. The Association shall notify the City within ten (10) calendar days of any discrepancy(ies) concerning Association dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) days, the City shall be relieved of any responsibility for any asserted discrepancy.

Section 4.3. DEFINITIONS. For the purposes of this Memorandum of Understanding, the following definitions shall be used:

A. Reasonable number of stewards should be interpreted to mean one (1) person identified on each individual shift for the purpose of conducting Association activities during on-duty hours, plus one steward-at-large. The steward-at-large shall only act as steward in the absence of the usually designated steward, and time spent by the steward-at-large in this capacity shall be at no additional cost to the City.

B. Reasonable amount of time to promptly and expeditiously investigate and process grievances shall not be specifically defined in this context for it might be viewed as encouraging abuse. "Promptly and expeditiously" obviously relate to the amount of time spent. The word "process" in this context means only to discuss the matter with the griever, record information, advise or recommend action, assist in the completion of documents necessary to formal grievance processing, investigate allegations which may form the basis for the grievance, and, if so requested, appearance with the griever at the first formal level of grievance resolution.

C. Grievance. See Section 7.2 for definition of Grievance.

D. Cognizant supervisor means the shift supervisor present at the work location.

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Section 4.4. STEWARDS. The Association may select a reasonable number of stewards for this unit, as defined herein. The Association shall give to the Human Resources Director and Fire Chief a written list of employees who have been selected as stewards. This list shall be kept current by the Association; and forwarded to the Human Resources Director and Fire Chief each time there is an update.

Stewards, when leaving their work locations to transact any such investigation or processing of a grievance or potential grievance, shall first obtain permission from the shift supervisor and inform him/her of the nature of the business. Permission will be granted promptly unless such absence would cause undue interruption of work. If such permission cannot be granted promptly, the steward will be immediately informed when the time will be available.

Upon entering a work location, the steward shall inform the cognizant supervisor of the nature of his/her business. Permission to leave the job will be granted promptly unless such absence would cause an undue interruption of work. If the employee cannot be made available, the steward will immediately be informed when the employee will be made available.

The Association agrees that a steward shall not log compensatory time or overtime pay for the time spent performing any function of a steward.

Section 4.5. REPORTING FORM. The Association does not object to the use of a form for the purpose of recording the amount of time spent by stewards in their work on grievances.

Such a form might provide for signatures of affected supervisors, reasons for refusals if release time is not granted and exact time in and time out notations. An evaluation of such forms could be of value in determining what a "reasonable amount of time" is, and might point to the "personnel problem areas." The Fire Chief shall receive and review these forms for the purposes of monitoring steward time.

Section 4.6. STEWARD'S PERMISSION TO LEAVE WORK LOCATION. As indicated above, both permission and denial of a request to leave a work location by a steward to investigate or process a grievance or potential grievance shall be recorded with a signature by the shift supervisor and the time on the appropriate form. Notations as to the reasons for a PAGE 119 of 885
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possible denial of the request and the time when the time may be expected to be made available should also be recorded on this form.

Section 4.7. INCREASED COMMUNICATION BETWEEN THE ASSOCIATION AND THE CITY. The City might reasonably expect that the Association would report the results of any meeting wherein employees have been permitted to participate on City time in their role as shop stewards. This would be intended specifically to cover those situations wherein the grievance might not be pursued beyond the initial or informational stage.

Section 4.8. ALLOWED TIME FOR STEWARDS. City agrees to allow stewards a maximum of two (2) hours per week to transact and discuss Association business during their regular working hours, unless prior approval of an amount greater than two (2) hours has been given by the City Manager, subject to absences from the assigned task being approved by the shift supervisor.

ARTICLE V

NO STRIKE-NO LOCKOUT PLEDGE
Section 5.1. ASSOCIATION PROHIBITED CONDUCT. The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, or any other concerted job action, by withholding or refusing to perform services.

Compliance with the request of other labor organizations to engage in such activities is included in this prohibition.

Section 5.2. NO LOCKOUT. The City agrees that it shall not lockout its employees during the term of this Agreement. The term “lockout” is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this Agreement or applicable ordinance or law.

Section 5.3. ASSOCIATION RESPONSIBILITY. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 5.01 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and request that all such persons immediately cease engaging in conduct prohibited in Section 5.01 above, and return to work.

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ARTICLE VI

PROBATION
Section 6.1. PROBATION PERIOD. A new employee initially appointed to a class shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. For all fire safety employees, the initial probationary period shall be eighteen (18) months, beginning on the effective date of employment. Temporary status does not count toward a new employee’s probation period (see Section 8.12).

An employee who has been promoted to a higher classification shall be on probation for eighteen (18) months. Under certain conditions, if necessary to adequately evaluate such employee, based on the Fire Chief's recommendation and the City Manager's approval, the probationary period may be shortened or extended; and the employee shall be provided with the reasons and rationale, in writing, upon which the action is based.

Section 6.2. PERMANENT STATUS. The employee shall attain permanent status in the classification upon successful completion of the probationary period.

ARTICLE VII

GRIEVANCES
Section 7.1. PURPOSE OF GRIEVANCE PROCEDURE. This grievance procedure establishes a means by which an employee grievance may be considered, discussed, and resolved in a timely manner and at the closest possible level to the point of origin.

The parties shall make every effort to resolve any dispute prior to it being reduced to writing or at the lowest step in the grievance procedure. The parties may, by mutual written contract, agree to file a grievance at a step other than Step 1 herein if the grievance cannot be resolved at the lowest step.

It is understood that the intent of the grievance procedure is to resolve disputes and to avoid confrontations.

Section 7.2. GRIEVANCE. For the purpose of this Memorandum of Understanding, a grievance is defined as a claimed dispute between the City or its representatives and the Association, an employee, or a group of employees. A dispute shall be defined as a specific and identifiable claimed violation, misinterpretation, inequitable application or noncompliance with federal or state laws, City Code, rules and regulations, salary resolution, existing rules, or this Memorandum of Understanding.

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Section 7.3. GUIDELINES.

A. The grievant is entitled to representation of his/her choice.

B. Employees are assured freedom from reprisal for using the grievance procedure. An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, shall not in any way be coerced, intimidated, or discriminated against.

C. The grievant and/or the grievant's representative may use a reasonable amount of work time in conferring and presenting the grievance and appeal. However, no employee shall transact such matters and/or shall be absent from the assigned work place without first obtaining approval from the employee's supervisor.

D. There shall be an earnest effort on the part of both parties to settle the grievance promptly through the steps listed below:

Step 1. An employee's grievance must be submitted immediately to the employee's shift supervisor or management representative in charge of the aggrieved employee within ten (10) calendar days after the event giving rise to the grievance, or reasonable knowledge of the event giving rise to the grievance. The shift supervisor or management representative shall give his/her answer to the employee by the end of the tenth (10th) calendar day following the presentation of the grievance, and the giving of such answer will terminate Step 1. Should the shift supervisor or management representative not answer within ten (10) calendar days, the grievance will be deemed denied at the end of the tenth (10th) calendar day following the presentation of the grievance, and the employee may appeal it to Step 2.

The Fire Chief may invite other members of management to be present at such meeting. The Fire Chief shall give a written reply by the end of the tenth (10th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2. Should the Fire Chief not give a written reply within ten (10) calendar days from the date the grievance is received PAGE 122 of 885
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by him, the grievance will be deemed denied at the end of the tenth (10th) calendar day following the presentation of the grievance under Step 2, and the employee may appeal it to Step 3.

Section 7.4. TIME LIMITS. The limits set forth above may be extended by mutual written contract between the parties, but neither party shall be required to so agree.

Section 7.5. NO CHANGES. It is not intended that the grievance procedure shall be used to effect changes in the established salary and fringe benefits.

Section 7.6 ADVISORY ARBITRATION. Grievances which are not settled pursuant to the grievance procedure above and which the Association/employee(s) desire to resolve further may be submitted to arbitration as provided below:

A. As soon as possible and in any event not later than ten (10) calendar days after the City Manager has received written notice from the employee of the desire to arbitrate, the parties shall agree upon an arbitrator. If no contract is reached within said ten (10) calendar days, an arbitrator shall be selected from a list of five (5) arbitrators submitted by the State Conciliation Service or Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot.

B. Either the City or the employee may call any employee as a witness, and the City agrees to release said witness from work if he/she is on duty.

C. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him/her by the respective parties in the presence of each other.

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D. The decision of the arbitrator within the limits herein prescribed shall be advisory to the City Council.

E. The arbitrator may hear and determine only one grievance at a time without the expressed contract of the City and the Association.

F. The cost of the hearing officer and court reporter shall be shared equally between the City and the Association regardless of the outcome.

ARTICLE VIII

WAGE AND SALARY POLICY
Section 8.1. BASIC COMPENSATION PLAN. A schedule of job classifications together with salary rate ranges is set forth in Exhibit A and attached hereto. Said salary rates shall be effective as indicated. All employees within the bargaining unit shall be paid in accordance with the terms of Exhibit A.

Section 8.2. SALARY AND WAGE SCHEDULES.

Effective July 1, 2024, all classifications shall receive a base salary increase of four percent (4%). The Salary Schedule is set forth in Exhibit A.

Effective July 1, 2025, all classifications shall receive a base salary increase of four percent (4%). The Salary Schedule is set forth in Exhibit A.

Effective July 1, 2026, all classifications shall receive a base salary increase of four percent (4%). The Salary Schedule is set forth in Exhibit A.

The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of five (5) Steps or rates of pay in each range.

The respective ranges shall be identified by job title and the Steps by the letters "A" to "E" inclusive.

Section 8.3 ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the monthly salary schedule in Exhibit A hereof are monthly compensation rates not including premium pay on hours worked over ninety-one (91) in a twelve (12) day FLSA cycle.

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For all employees covered by this Memorandum of Understanding, the work schedule shall be considered to be ninety-six (96) hours during a twelve-day (12) day period. This is equivalent to an average of 243 hours per month (2920/12).

The hourly rate of pay shall be the monthly rate multiplied by twelve (12) and divided by 2920 as represented in Exhibit A. In determining the hourly rate as herein provided, compensation shall be made to the nearest cent.

A shift shall be considered to be equal to twenty-four (24) hours.

Section 8.4. BEGINNING RATES. A new employee of the City of San Marino shall be paid the rate shown in Step "A" of the range allocated to the classification of employment for which the employee has been hired. An employee may be placed in a higher range at the discretion of the Fire Chief with approval by the City Manager.

Section 8.5. SERVICE. The word "service," as used in this Memorandum of Understanding, shall be defined to mean continuous, full-time service in the employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employees for the purpose of this Memorandum of Understanding. Such employee(s) reentering the service of the City shall be considered as a new employee(s), except that the employee may be reemployed within one (1) calendar year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the termination of employment, at the discretion of the Fire Chief and upon approval by the City Manager.

Section 8.6. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancement within ranges:

A. Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee may be advanced to the next available Step effective the first day (1st) of the next pay period following the date of successful completion of six (6) months of continuous full-time employment, pursuant to an evaluation and the Fire Chief’s recommendation and approval by the City Manager.

B. Merit Advancement. An employee may be considered for advancement from one Step to the next higher Step upon completion of the minimum length of service. The effective date of such merit increase, if granted, shall be the first day of the next pay period following approval by the City. Advancement to any step shall be granted only for continuous, meritorious and efficient service by the employee in the effective performance of his/her position based on the performance evaluation.

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A merit advancement requires the Fire Chief to file with the City Manager or his/her designee a statement recommending the award or denial of the merit increase and to support any such recommendation with specific reasons thereof.

If the employee is not considered within thirty (30) days after meeting the minimum length of service and the employee is later deemed to have been worthy of a merit advancement on the date that the minimum length of service was completed, the merit advancement shall be effective on the first (1st) day of the pay period following the completion of the minimum length of service.

C. Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of duties, the Fire Chief may recommend to the City Manager that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Memorandum of Understanding. The City Manager may, on the basis of the Fire Chief's recommendation, approve or deny such advancement.

D. Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to a higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subsection (B) herein.

Section 8.8. COMPENSATION INCREASES FOR PROMOTIONS. Any full-time employee promoted to a higher classification shall receive an increase in compensation, which is at least five percent (5%) higher than the employee's last salary and within the salary range for that position. At the discretion of the Fire Chief and the City Manager, an employee may be granted a two (2) or three (3) step salary increase upon promotion. The date of promotion shall then be considered the new anniversary date for purposes of eligibility for further compensation increases, except that no merit increase shall be considered until after six (6) months in the higher classification, regardless of the requirement for a probationary period, as stated in Section 06.01, Probationary Period.

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Section 8.9. PERMANENT STATUS AFTER PROMOTION. The employee shall attain permanent status in the position upon successful completion of the probationary period required in Section 6.1. An employee who does not satisfy the standards of the higher classification during the probationary period shall be notified in writing. Such notice shall include the reasons for such action. If the permanent status is not achieved, such employee shall be demoted to the appropriate Step in the employee's former classification.

Section 8.10. COMPENSATION ON DEMOTION. When an employee is demoted, the employee shall retain the same step as the employee held in the previous salary range.

Increases in compensation shall thenceforth be in accordance with the schedule set forth in Section 8.6 of this Article as if the employee was originally employed in the new classification range.

Section 8.11. LONGEVITY PAY. An employee shall be eligible to receive additional monthly compensation of base salary at the completion of the designated full-time years of service with the City of San Marino as set forth in the table below:

Years of Service % of Base Salary Per Month
Year 10 2%
Year 15 4%
Year 20 6%
Longevity Pay compensation shall occur the pay period following the completion of the total years of service.

ARTICLE IX

OTHER WAGE AND HOURLY BENEFITS
Section 9.1. OVERTIME WORKED. Regarding fire suppression employees regularly assigned to a twenty-four (24) hour shift schedule who work overtime, the City shall compensate the employee with pay at 1.5 times the employee’s hourly rate on any hours worked in excess of ninety-one (91) hours in a twelve (12) day FLSA period or with equal time off (compensatory time off). Any hours worked in excess of ninety-six (96) hours in a twelve (12) day FLSA period shall first be authorized by the Fire Chief or his/her designee. The employees shall indicate their preference for receiving pay for overtime or compensatory time off. The City shall pay all overtime earned no later than the pay period following the pay period in which it is earned. Emergencies may arise in which this is not possible.

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Compensatory time for overtime worked in each day will be accumulated in one-half (1/2) hour increments. Where an employee works less than one-half (1/2) hour of overtime, the employee shall not receive compensatory time for overtime of less than one-half (1/2) hour. In order to be entitled to overtime, such overtime must be authorized by the Fire Chief.

Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work.

A. OVERTIME CALCULATION. In determining an employee's eligibility for overtime compensation in a work period, paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked. Paid leaves of absences include, but are not limited to, the following:

1. Vacation

2. Holiday Leave

3. Sick Leave

4. Administrative Leave

5. Workers' Compensation Leave

6. 4850 Time

7. Jury duty

8. Bereavement Leave

9. Military Leave

10. Compensatory Time Off

11. Floating Holiday
Section 9.2. PAYMENT UPON TERMINATION. Employees shall be entitled to receive payment for all accumulated compensatory time off upon their termination, to be paid on the pay period following the final date of employment with the City.

Section 9.3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.

A. Accumulated compensatory time off may be taken by an employee upon reasonable written notice and prior approval of the Fire Chief.

B. The affected shift supervisor may permit an employee requesting to use accumulated compensatory time off to be relieved from the workday, provided it will not cause the shift to be undermanned.

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C. In any instance involving use of a fraction of an hour of compensatory time off, the minimum charge to the employee's compensatory time off account shall be one (1) hour.

In approving an employee's request to take accumulated compensatory time off, the Fire Chief will, as far as practicable, attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the Fire Department, which shall take preference.

Section 9.4. WORKING OUT OF CLASS. Employees in the Fire Department temporarily assigned to the classification of Captain, shall receive a five percent (5%) pay differential for all hours worked as a Captain, commencing with the first (1st) full shift worked.

There will be no additional pay for temporary hours worked prior to the first full shift of the temporary assignment to Captain.

Employees in the Fire Department temporarily assigned to the classification of Engineer shall receive a five percent (5%) pay differential for all hours worked as an Engineer, commencing with the first full shift worked. There will be no additional pay for temporary hours worked prior to the first (1st) full shift of the temporary assignment to Engineer.

The five percent (5%) pay differential shall be calculated based upon the base hourly wage of the covered employee’s permanent rank at straight time, not the overtime rate, and must fall within the salary range of the position to which the employee has been temporarily assigned.

Section 9.5. OTHER ACTING POSITIONS. Acting positions may be established when deemed necessary by the Fire Chief.

Section 9.6. CALL BACK PAY. When a covered employee is required to report back to work after completing a normal work shift and being released from duty by the shift supervisor, and having left City premises and/or work locations, the employee shall receive a minimum of two (2) hours of compensation as call back pay, provided: (1) the employee is not canceled within 15 minutes of being recalled to duty, (2) the employee is available by pager or cell phone in order to be canceled, and (3) the employee reports for duty to the company officer or chief officer in charge. Call back pay shall be paid at the straight time base rate of pay or equal time off, as authorized by the Fire Chief.

Section 9.7. OUTSIDE SERVICES. Whenever a covered employee is voluntarily assigned to an outside service, the employee shall be paid as follows:

A. On movies – One hundred and twenty dollars $120.00 per hour, with an eight (8) hour minimum. Employee shall provide proof of completion of a State Fire Marshal Film Safety Officer course to be eligible for assignment to a movie detail.

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B. All other details – One hundred and twenty dollars $120.00 per hour, with an eight (8) hour minimum.

An outside service is defined as an assignment to provide life safety services (e.g., fire safety, emergency medical care, fire protection) that directly benefit an entity that has contracted with and reimbursed the City for such services. It is agreed that the pay rates as specified in this section meet the requirements of the Fair Labor Standards Act for overtime pay; only actual hours worked will count as “hours worked” for the purpose of calculating overtime eligibility.

Section 9.8. SPECIAL COMPENSATION. In addition to the other applicable provisions of this Memorandum of Understanding, members are also eligible to receive:

A. Coordinator Pay (Fire Captains Only). Two hundred and eighty dollars ($280) per month for the administration of a major program area at the discretion of the Fire Chief and with the approval of the City Manager.

B. Paramedic Coordinator Pay. Five hundred dollars ($500) per month, up to a maximum of one (1) employee.

C. Arson Investigator Pay. Two hundred dollars ($200) per month, up to a maximum of three (3) employees, preferably one (1) per shift.

D. Uniform Maintenance. Two hundred dollars ($200) per year for maintenance of uniforms in accordance with the established uniform standards.

Qualification for bilingual pay shall be subject to successful completion of a proficiency exam as determined by the Human Resources Director. Bilingual pay will start at the beginning of the pay period immediately following the employee's successful completion of a proficiency exam. Biennial requalification will be required for continuation of bilingual pay.

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F. Signing/Recruitment/Retention Bonus. A Firefighter/Paramedic shall receive the following amounts as a Signing/Recruitment/Retention Bonus: (a) First Day of Employment – Twenty-five hundred dollars ($2,500); (b) Eighteen (18) Months of Employment - Twenty-five hundred dollars ($2,500); and (c) Forty-Two (42) Months of Employment - Twenty-five hundred dollars ($2,500). Current employees who have/did not receive an earlier bonus may be eligible for the subsequent bonuses if these respective anniversary dates occur during the term of this MOU.

Section 9.9. SHIFT EXCHANGE.

A. Employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department, with the permission of the shift supervisor of the affected shift upon twenty-four (24) hour notice, except in the case of emergency. No obligation shall accrue to the City as a result of the operation of this Section.

B. It shall be the responsibility of the individual who has agreed to work a shift exchange to report for duty or, if unable to report for duty, make arrangements for his/her replacement. In the event he/she is unable to find a replacement the City may hire a replacement and charge the vacation or overtime to the individual who was unable to report for duty. Trading of days off shall not increase cost to nor cause any liability to the City.

ARTICLE X

PARAMEDICS
Section 10.1. AUTHORIZATION. The City Council has authorized that the paramedic function be performed by its Firefighter/Paramedic employees.

Section 10.2. APPOINTMENT. All Firefighter/Paramedics shall be appointed to and retained in that function by the Fire Chief at his/her sole discretion.

Section 10.3. COORDINATION. Coordination of the paramedic function is the responsibility of the Fire Chief or his/her designee with City Manager approval.

Section 10.4. PARAMEDIC PAY. The Fire Chief shall authorize the number of firefighters appointed as Firefighter/Paramedics. Firefighter/Paramedics shall receive, in addition to other wages and benefits provided for in this Memorandum of Understanding, base pay in accordance with Exhibit A (which is generally ten (10) percent higher than the base pay of a Firefighter at the same salary step.)
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ARTICLE XI

EDUCATION WAGE BENEFIT AND CAREER DEVELOPMENT PROGRAM
Section 11.1. TUITION REIMBURSEMENT PLAN. The provisions of this section are subject to funding being authorized through the annual City budget process. For the term of the MOU beginning July 1, 2024 and extending through June 30, 2027, the Tuition Reimbursement Plan will be unfunded unless the City Council authorizes funding during the budget process.

Permanent employees receiving prior approval from the Fire Chief for each individual course, shall be eligible to receive tuition reimbursement pursuant to this Memorandum of Understanding for course work leading to or as a prerequisite for a degree or certification which is directly related to the employee's position and duties with the City.

A. Courses must relate to the employee's present job or directly relate to the employee's potential development with the City.

B. Course work taken at recognized accredited institutions shall be considered for reimbursement. Reimbursement for course work taken at a non-accredited institution shall be subject to the sole discretion of the City Manager.

C. Employees shall not receive tuition reimbursement if they fail to satisfactorily complete the approved course and/or fail to receive a grade of "C" or better.

D. In the event an employee receives assistance under federal or state government legislation or other student aid programs for education charges for an approved course, only the difference, if any, between such assistance and the education charges an employee actually incurs, shall be eligible for reimbursement under this plan.

E. Course books for which an employee receives reimbursement shall become the property of the City. Books may be sold by the City back to the educational institution’s bookstore, and monies received returned to the City. Employees who wish to keep course books shall not be reimbursed for same.

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F. If an employee, of his/her own volition, withdraws from a course before completion, he/she will refund to the City all monies paid by the City toward that course. If an employee is forced to withdraw due to job reasons, and with the Fire Chief's approval, no refund will be necessary.

G. An employee who leaves the employment of the City before completion of the semester, and therefore does not complete the course(s) while working for the City, shall refund all monies paid him/her by the City for the course(s). No prorating will be permitted.

H. Upon completion of each semester, the employee shall be responsible for reporting grades received to the Fire Chief for recording purposes and for supplying a copy of the grade receipt for the employee's personnel file.

If the City requires the employee to withdraw from the course, the City shall reimburse the employee for the cost of tuition. All payments shall be made as part of the regular City Warrant.

Tuition reimbursement shall not be allowed for internship courses or independent study courses where course work requirements are considered solely a continuing condition of employment.

Section 11.2. LIMITATIONS ON TUITION REIMBURSEMENT. No employee shall be reimbursed for an individual course in an amount greater than the cost for the same level of course (i.e., undergraduate, and graduate) as charged by a school in the California State University system.

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In no case shall the total amount of tuition reimbursement for individual courses to an employee in a given fiscal year exceed the amount of general tuition in a school in the California State University system for two (2) semesters or three (3) quarters.

All reimbursements shall be approved based on the availability of funds budgeted for that purpose during any given fiscal year. Availability of funds shall be determined by the City Manager.

Section 11.3. EDUCATION INCENTIVE PLAN. The Education Incentive Plan program is applicable to the positions of Firefighter, Firefighter/Paramedic and Engineer. Members within these classifications qualifying under one of the following levels shall receive additional compensation as defined within this Section; however, only one level will be paid per Member.

A. LEVELS:

1. Level #1 – To be eligible, personnel must have two (2) years of fire service in the City’s Fire Department and have a Fire Science Certificate or a minimum of twenty-seven (27) units in fire science related fields as determined by the Fire Chief.

2. Level #2 – To be eligible, personnel must have completed three (3) years of fire service in the City’s Fire Department and obtained an Associate of Science degree with a major in Fire Science as determined by the Fire Chief.

3. Level #3 – To be eligible, personnel must have completed three (3) years of fire service in the City’s Fire Department, have an Associate of Science degree with a major in Fire Science, and have completed one (1) of the following:
(a) Completion of a junior year towards a Baccalaureate degree in Fire Science, Fire Management or other closely related course work at an accredited college; or
(b) Completion of the State of California Certificated Fire Officer program as recognized by the California State Board of Fire Services.

4. Level #4 – To be eligible, personnel must have completed four (4) years of service in the City’s Fire Department and possess a Baccalaureate degree in Fire Science, Fire Management or other closely related course work as determined by the Fire Chief.

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B. MONTHLY COMPENSATION:
- Increment #1 $ 70.00 per month ($0.29 per hour)
- Increment #2 $140.00 per month ($0.58 per hour)
- Increment #3 $210.00 per month ($0.86 per hour)
- Increment #4 $280.00 per month ($1.15 per hour)

ARTICLE XII

TRAVEL ALLOWANCE
Section 12.1. AUTOMOBILE ALLOWANCE. Expense claims for the use of private automobiles must be submitted to the City Manager via the Finance Officer. Such use, if approved will be reimbursed at the rate established by the Internal Revenue Services, making unnecessary the IRS form 1099 reporting on mileage.

ARTICLE XIII

VACATION BENEFIT
Section 13.1. ACCRUAL AND USE
A. ACCRUAL INCREMENTS. All increments for accrual and use of vacation leave time shall be in hours or portions thereof.

B. VACATION ACCRUAL. Each permanent, full-time and probationary employee within the classifications of Firefighter, Firefighter/Paramedic and Engineer shall accrue vacation leave in accordance with the following formula:
(1) 13.0 hours for each month during the first (1st) through fifth (5th) year of employment (156.0 hours annually).
(2) 15.0 hours for each month during the sixth (6th) and seventh (7th) year of employment (180.0 hours annually).
(3) 17.0 hours for each month during the eighth (8th) and ninth (9th) year of employment (204.0 hours annually).
(4) 19.0 hours for each month during the tenth (10th) through the fifteenth (15th) year of employment (240.0 hours annually).

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(5) 21 hours for each month during the sixteenth (16th) year through the nineteenth (19th) year of employment (252 hours annually). (6) 23.0 hours for each during the twentieth (20th) year through the twentyfifth (25th) year of employment (276.0 hours annually). (7) 25.0 hours for each month beginning with the twenty-sixth (26th) and subsequent years of employment (300.0 hours annually).

Each permanent, full-time and probationary employee within the classifications of Captain shall accrue vacation leave in accordance with the following formula:
(1) 14.0 hours for each month during the first (1st) through fifth (5th) year of employment (168.0 hours annually).
(2) 16.0 hours for each month during the sixth (6th) and seventh (7th) year of employment (192.0 hours annually).
(3) 18.0 hours for each month during the eighth (8th) and ninth (9th) year of employment (216.0 hours annually).
(4) 20.0 hours for each month during the tenth (10th) through the fifteenth (15th) year of employment (240.0 hours annually).
(5) 22 hours for each month during the sixteenth (16th) year through the nineteenth (19th) year of employment (264.0 hours annually). (6) 24.0 hours for each month during the twentieth (20th) through twenty-fifth (25th) year of employment (288.0 hours annually).
(7) 26.0 hours for each month beginning with the twenty-sixth (26th) and subsequent years of employment (312.0 hours annually).

Vacation leave shall be deemed as having been accrued by the employee per pay period. Accrual at the next highest incremental rate shall begin the next pay period following the employee's anniversary date of original employment with the City, regardless of any promotions or demotions.

C. Maximum Vacation Accrual. An employee's available vacation hours shall not exceed the following maximum amounts at any given time regardless of classification:

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(1) 336.00 hours in the first (1st) through fifth (5th) year of employment. (2) 384.00 hours in the sixth (6th) and seventh (7th) year of employment. (3) 432.00 hours in the eighth (8th) and ninth (9th) year of employment. (4) 480.00 hours in the tenth (10th) through fifteenth (15th) year of employment.
(5) 528.00 hours in the sixteenth (16th) through nineteenth (19th) year of employment.
(6) 576.00 hours for the twentieth (20th) and subsequent years of employment.
(7) 624.00 hours for the twenty-sixth (26th) and subsequent years of employment.

D. Vacation accruals above maximum.
(1) Firefighters, Firefighter/Paramedics, and Engineers. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant. The City Manager may approve a lump sum payment for vacation leave, so long as a balance of seventy-two (72) hours remains available for use as vacation.

No accumulation of vacation leave may be made beyond the limits prescribed except as described above.
(2) Captains. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual.

Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.

Section 13.2. USE OF VACATION. The dates of vacation leave may be selected by the employee, but shall be subject to prior approval by the department head who shall consider the wishes of the employee and the needs of the City.

All vacation time shall be taken in minimums of twelve (12) hour increments.

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An employee shall not be eligible to utilize accrued vacation during the first twelve (12) months of initial full-time employment. While in a probationary period following a promotion, the probationary period will be extended an equivalent time to the time spent on vacation.

Section 13.3. VACATION PAYMENT AT TERMINATION. Permanent employees voluntarily or involuntarily terminating employment with the City shall be paid in a lump sum for all accrued vacation leave earned to the effective date of the termination, up to the maximums as prescribed in Section 13.1.C. of this Article. Payment shall be at the same hourly rate as was authorized for the employee at the time of submittal of termination notice.

In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

All payments for accrued vacation leave shall be made at the time of the next regular pay period following the final date of employment with the City.

Section 13.4. ELIGIBILITY. All permanent employees who have successfully completed their initial hire probationary period shall be eligible for paid vacation leave after twelve (12) months of employment, based on the standard vacation accrual formula described in Section 13.1.B. of this Article. If the initial hire probationary period is greater than twelve (12) months, the employee shall be eligible for paid vacation leave after twelve (12) months of employment.

No part-time, provisional, or temporary employees shall be eligible for any vacation accrual.

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ARTICLE XIV

HOLIDAY BENEFIT
Section 14.1. HOLIDAY DATES. Fire Department employees shall have the following legal holidays, or one hundred forty-four (144) hours (six [6] shifts) in accordance with this Article:

New Year's Day
President's Day
Memorial Day
Fourth of July
Thanksgiving Day
Christmas Day
Section 14.2. HOLIDAYS WORKED. Employees working on holidays shall receive holiday pay, or time off, plus the employee's regular straight time hourly pay for all hours worked, at the employee's discretion, equivalent to the number of hours worked on the holiday.

Employees shall receive no other compensation for working on a holiday, unless overtime is worked by an employee in which event it shall be paid in accordance with the overtime provisions contained herein.

Section 14.3. HOLIDAY ON VACATION DAY. Should one of the holidays listed above fall during an employee's vacation period, or while an employee is lawfully absent with pay, the employee shall be credited for the holiday and no charge shall be made against the employee's accumulated vacation.

Section 14.4. HOLIDAY CASH OUT. Holiday time shall be paid out annually in July of each year at the June 30th rate at which the Holiday time was accrued.

Section 14.5. FLOATING HOLIDAY. All employees covered by the terms of this MOU shall have two (2) floating holidays per calendar year on a use it or lose it basis. One (1) floating holiday is equivalent to twenty-four (24) hours. The date of the floating holiday may be selected by the employee, but shall be subject to prior approval by the Fire Chief or his/her designee, who shall consider the request of the employee and the needs of the City.

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ARTICLE XV

SICK LEAVE
Section 15.1. ACCRUAL AND USE. Paid sick leave may be used for the following reasons:

1. For the employee’s own diagnosis, care or treatment of an existing health condition or preventative care.

3. To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking as described in CA Labor Code Section 203(c) and 230.1(a).

Each employee shall accrue six (6) hours of sick leave time at the end of each pay period not to exceed twelve (12) hours per month.

Newly hired employees shall receive seventy-two (72) hours of sick leave time on the date of initial hire as an advance for accruals, and shall be eligible to begin the monthly accrual provided for herein beginning on the first day of the month following completion of six (6) months of employment.

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If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notice to their supervisor by submitting a “Leave Request” form.

If the need for paid sick leave is unforeseeable, the employee shall provide notice to their supervisor of the need for the leave as soon as practicable, either verbally or in writing.

The employee shall than submit a “Leave Request” on the day the employee returns to work.

SECTION 15.2. MAXIMUM SICK LEAVE ACCRUAL.

A. Firefighters, Firefighter/Paramedics, and Engineers:
(1) Accrue up to a maximum of three hundred and forty (340) hours Upon reaching the maximum accrual allowed, the employee shall cease to accrue sick leave time until such time as the total accrued hours is less than the maximum permitted, at which time the hours shall accrue in the amount stated herein up to the maximum permitted.
(2) May have sick leave balances in excess of two hundred and sixty (260) hours contributed pre-tax at a rate of $.50 on the dollar at their base hourly rate of pay to the Retiree Health Savings plan set up for each individual employee by the City. Employees must maintain a minimum of two hundred and sixty (260) hours of sick leave in order to be compensated. Accruals will be based on balances as of June 30th of each year covered by the Memorandum of Understanding.

If an RHS plan is not available for the employee or any IRS tax laws conflict, the employee will be cashed out at $.50 on the dollar.

B. Captains:
(1) Accrue up to a maximum of two hundred and forty (240) hours. Upon reaching the maximum accrual allowed, accrued hours received above the maximum shall be placed in a “bank,” only to be used in the event of a catastrophic illness with the approval of the City Manager. (2) May have sick leave balances in excess of one hundred and sixty (160) hours contributed pre-tax at a rate of $.50 on the dollar at their base hourly rate of pay to the Retiree Health Savings plan set up for each individual employee by the City. Employees must maintain a minimum of one hundred and sixty (160) hours of sick leave in order to be compensated. Accruals will be based on balances as of June 30th of each year covered by the Memorandum of Understanding.

If an RHS plan is not available for the employee or any IRS tax laws conflict, the employee will be cashed out at $.50 on the dollar.

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No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time for the purpose of medical or sick leave.

Employee shall have no vested rights in the accrued sick leave time upon termination with the City.

ARTICLE XVI

LEAVES OF ABSENCE
Section 16.1. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY. Upon recommendation from the department head, and with the approval of the City Manager, a permanent, full-time employee may be granted a leave of absence without pay in cases of personal emergency or necessity, or where such absence would not be contrary to the best interests of the City, for a period not to exceed ninety (90) calendar days. The request for and the approval of such leave shall be in writing and a copy placed in the employee's personnel file.

At the expiration of the approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at such leave's expiration, or within a reasonable time after receiving a notice to return to duty shall be cause for discharge. The depositing in the United States Postal Service mail of a first-class letter, postage paid, addressed to the employee's last known place of residence, shall meet the requirements of reasonable notice.

During any authorized leave of absence without pay an employee shall not be eligible to accumulate or receive benefits except as specifically provided for in this Memorandum of Understanding. The City shall contribute to an employee's medical health plan, dental and vision insurance plan, and life insurance plan for the first thirty (30) calendar days of an employee's authorized leave of absence. Thereafter, the City shall not have any obligation to contribute to an employee's medical health plan, dental and visual insurance plan or life insurance plan until the employee is reinstated in a permanent position unless otherwise required under state or federal legislation. Vacation leave shall not be accrued beyond the first thirty (30) calendar days of an absence without pay.

Section 16.2. EXTENDED LEAVE OF ABSENCE. Upon written request of the employee and approval of the City Manager, the City Council may grant an extended leave of absence with or without pay for a period not to exceed one (1) year.

All provisions of Section 15.1 of this Article shall apply to extended leaves of absence, unless specifically authorized otherwise by the City Council.

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Section 16.3. MILITARY LEAVE OF ABSENCE. Military leave shall be granted in accordance with the provisions of state and federal law. All employees entitled to military leave shall give the department head an opportunity, within the limits of applicable laws, to determine when such leave shall be taken. Whenever possible, the employee involved shall notify his/her department head of such leave at least ten (10) working days in advance of the beginning date of such leave.

Section 16.4. BEREAVEMENT LEAVE. Effective on July 1, 1989, the death of a member of an affected employee's immediate family; meaning spouse, natural or adopted child, step-child, grandchild, brother, sister, parent, grandparent, great grandparent, parent-in-law, brother or sister-in-law, step-parent, step-brother, step-sister, or other relative living in the same household, the employee shall be granted bereavement leave as follows:

A. If the death occurred within a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to two (2) shifts bereavement leave.

B. If the death occurred outside a two hundred (200) miles radius of the City of San Marino, the employee shall be granted up to three (3) shifts bereavement leave.

Section 16.5. JURY DUTY. Every permanent employee covered under this agreement who is called or required to serve as a trial juror shall be entitled to be absent with full pay from duties not to exceed 40 hours of actual jury service in court within a three-year period. The employee shall provide evidence of jury duty notification to management within four (4) days of receipt, but no less than one (1) week prior to reporting for jury duty. Additionally, the employee shall provide evidence of actual hours of jury duty service in order to be eligible for compensation. For the purpose of this section, full pay shall be the employee's base salary exclusive of premium pay or overtime. Jury duty hours shall not be counted as hours worked pursuant to FLSA.

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The City will grant FMLA/CFRA to all employees who request leave under FMLA/CFRA in accordance with the law.

Whenever FMLA is requested by an employee it will run concurrently with CFRA (where applicable).

An employee must be employed with the City for at least twelve (12) months and worked at least 1,250 hours during the twelve (12) months. A member's entitlement to leave for the birth or placement of a child for adoption or foster care expires twelve (12) months after the birth or placement.

The twelve (12) month period for calculating leave entitlement will be a "rolling period" measured backward from the last date leave is taken and continues with each additional leave day taken. Thus, whenever a member requests leave, the City will look back over the previous twelve (12) month period to determine how much leave has been used in determining how much leave a member is entitled to.

If a member requests leave for any reason permitted under the law, he/she must exhaust all accrued leaves in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave.

Member must fill out the following applicable forms in connection with leave under this Article:

1. Employee must provide at least thirty (30) day’s written notice, when possible, by filling out a "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave;

2. Medical certification - either for the member's own serious health condition or for the serious health condition of a child, parent or spouse;

3. Authorization for payroll deductions for benefit plan coverage continuation; and

4. Fitness for duty to return from leave form.

ARTICLE XVII

INSURANCE AND RELATED FLEXIBLE BENEFITS
Section 17.1. FLEXIBLE MEDICAL BENEFITS. Effective February 1, 2009 the City of San Marino shall commence participation in the California Public Employees’ Medical and Hospital Care Act, Government Code Sections 22750 et. Seq. The employer contribution for annuitants shall at all times equal employer contribution paid for active employees. Medical benefits shall be under the CalPERS medical program.

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Section 17.2. OTHER HEALTH BENEFITS. The City shall make available to current employees group dental, vision and life insurance and long-term disability insurance programs, for as long as employee participation permits such programs to be provided. Employees may join or remove themselves or their dependents from participation in any program once annually.

The City shall notify employees of the join/remove period by providing a notice with payroll at least three (3) weeks prior to the time period.

The City shall permit a payroll deduction for Myers-Stevens Life Insurance as long as at least ten (10) Fire Department members maintain coverage.

Section 17.3. EMPLOYEE PARTICIPATION. All employees shall be covered under the CalPERS medical program, except as provided for herein. The employee may select from the CalPERS plans which health program is best for the employee's family once annually.

Employees may modify their dependent medical coverage under the CalPERS health plan as permitted by the insurance company. Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.

Said cash-out, shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571).

For employees who have or continue to exercise the cash-out option the following shall apply:
• Only employees currently exercising the cash-out option may utilize this option. The current cash-out amount is “capped” at the existing amount; it may not be increased in the future. If reduced in the future, it may not go back up. • Current Employees not utilizing benefit may not utilize the benefit in the future.

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• Additional flex dollars (7/01/2019, 07/01/2020 and 07/01/2021) may not be cashed out, but may be used towards additional health insurance, life insurance, vision insurance and/or dental insurance.
• New hires are not eligible for any cash out.

Section 17.4. CITY CONTRIBUTION. The City's contribution is established at twohundred dollars ($200.00) per month per annuitant and active employee. This monthly contribution shall only increase as required by the Board of Administration of the California Public Employees’ Retirement System or the State Legislation, as set forth in Government Code Section 22892.

Section 17.5. FLEXIBLE FLOATING FRINGE BENEFIT POOL. Beginning January 1, 2013, the City of San Marino will establish a flexible floating fringe benefit pool (“FFBP”) for currently active employees. This “FFBP” shall not be used by any current annuitants or future annuitants. The purpose of the “FFBP” is to provide currently active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.

Section 17.6. LEGACY CASH-OUT PROGRAM. In 2019, the City of San Marino discontinued the practice of permitting the unused amount of the FFBP to be cashed out by current and/or new employees. Only employees who were cashing out at the time of the previous MOU adoption were permitted to continue. That policy continues in this MOU. The employees who continue to have a cash-out amount are now part of this “Legacy Cash Out Program.” As before, all cash-out amounts are capped and shall never increase from the current amounts, but may decrease, as follows.

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For Legacy Cash Out Program employees who waive medical insurance coverage, their cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.

Section 17.7. FLORES DECISION. For employees who are part of the Legacy Cash Out Program (Section 17.6), the following shall apply:

Federal Labor Standards Act (FLSA) Overtime: On June 2, 2016, the United States Court of Appeals for the Ninth Circuit published its opinion in Danny Flores v. City of San Gabriel (the "decision"), which indicated that the City’s payment of unused health benefits must be included in the regular rate of pay and thus in the calculation of overtime.

Given that the decision was final in favor of the individual plaintiffs, the City has recalculated FLSA overtime retroactive to June 28, 2015 according to the decision and prospectively began paying FLSA overtime according to the decision.

The City and Association acknowledge that this language completes satisfaction of any liability, both retroactive and prospective, for FLSA overtime under the decision.

Section 17.8. RETIREMENT HEALTH SAVINGS PLAN. The City agrees to sponsor a Retirement Health Savings Plan (RHS), pursuant to the employee group agreeing on contributions and meeting the RHS plan criteria, and all legal requirements pertaining to such a plan. Contributions must be confined to areas of compensation already outlined within this Memorandum of Understanding that are otherwise available to the employee.

Section 17.9. RETIREE MEDICAL TRUST. The City acknowledges that the Association has entered into an agreement with the IAFF Medical Expense Reimbursement Plan (MERP) (hereafter, the “Trust”). The purpose of the Trust shall be to provide for retiree health expense reimbursement benefits. The Trust shall be, and remain separate and apart from any City health insurance funding program. The City and Association further acknowledge that the City is not a party to the Trust. The City’s sole obligation under this Agreement is to make contributions to the Trust in accordance with the terms specified below.

The Defined Class of employees receiving contributions to the Trust consists of all employees of the City represented by the Association and the contribution amounts are set forth in the Joinder Agreement for IAFF Local.

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Monthly Trust Contribution. The City and the Association agree that the City shall withhold a mandatory contribution on a pre-tax basis from the pay of every employee who is a member of the Defined Class and shall transmit such contributions to the Trust pursuant to the requirements below. No employee shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash. The amount of the Monthly Trust Contribution shall be based on completed years of City employment and is set forth in the IAFF Medical Expense Reimbursement Plan Joinder Agreement for IAFF Locals document on file with the City. The City will not be providing any contributions to the employees’ MERP.

Remittance of Contributions. Contributions to the Trust shall be remitted monthly or per pay period, in one aggregate [ACH transfer or wire] directly to the custodian of the Trust within 30 days after the last day of the relevant pay period. The City hereby acknowledges receipt of Trust Agreement and guidelines established by the Trust Office for reporting and depositing the required contributions to the Trust set forth herein, and agrees to follow those guidelines.

Reporting to the Trust Office. The City shall electronically submit to the Trust Office a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds.

The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information (i.e., new hires, retirements, terminations).

Modification of Monthly Employee Contribution or Leave Transfers. The City and the Association agree that the Association has the right, subject to approval of its members according to the Association’s internal rules, to prospectively modify the amount of the mandatory employee Monthly Trust Contribution, or to include the mandatory transfer of employee leave where an employee is eligible to receive monetary compensation under the terms of this Agreement, so long as the modification is mandatory for all employees in the Defined Class and there is no option for the employee to receive cash in lieu of making contributions to the Trust. The Association must provide the City with at least 45 days' advance written notice of any such changes.

Section 17.10. RETIREE PARTICIPATION. Retirees, who have retired under a CalPERS retirement program after a minimum of five (5) years of full-time employment with the City, shall be eligible to participate in the CalPERS medical program, the dental program and the vision plan provided by the City for current employees as provided in this Article.

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Retirees and their dependents shall be eligible to remain in the CalPERS medical program for as long as they shall meet the requirements of said program. Retirees shall be eligible to participate in the other health programs provided for herein until they reach the age of sixty-five (65). Retirees may carry dependent coverage under the health programs (other than CalPERS medical) provided for herein until the dependent reaches the age of sixty-five (65).

Retirees shall be provided two-hundred dollars ($200.00) per month to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City, the employee shall have no rights to the balance available.

Each August 1st thereafter, the City shall increase the contribution available to retirees by the amount required by the CalPERS medical program.

Section 17.11. LONG TERM DISABILITY INSURANCE. The City shall provide a Long-Term Disability (LTD) insurance program for affected employees. The cost for said life insurance shall be paid by the employee from the monthly City contribution provided in Section 17.04 of this article.

The Long-Term Disability program shall be with a thirty (30) day elimination period or as otherwise mutually agreed; with sixty-six and two-thirds percent (66-2/3) of salary benefits; and with coverage as provided for under the Harry J. Wilson, Insurance Center Inc. Program.

All affected employees shall be required to participate in the Long-Term Disability insurance program.

Section 17.12 LIFE INSURANCE. The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution provided in Section 17.04 of this article.

All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.

ARTICLE XVIII

RETIREMENT BENEFIT
Section 18.1. CalPERS MEMBERSHIP. The City is a contract member of the California Public Employees' Retirement System. Such membership shall be maintained and employee eligibility, classification, contributions, and benefits are as prescribed in the contract between PAGE 149 of 885
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the City and the California Public Employees' Retirement System heretofore approved by the City Council. The City shall provide employees covered under this agreement with that certain retirement option program commonly referred to as “1959 Survivor Benefit, Fourth Level” based on the schedule of benefits as set forth in the California Public Employees Retirement System (CalPERS) Section 21382.4 of the California Government Code. Each employee will contribute ninety-three cents ($.93) per pay period. The City will contribute a four dollar ($4.00) premium rate. Any future increase in premium rates will be borne by the employee.

Section 18.2. RETIREMENT PLAN. The City’s retirement plan for Tier I is three percent (3%) @ 50 formula for employees hired prior to July 1, 2006; and Tier II, three percent (3%) @ 55 formula for employees hired after July 1, 2006 and before January 1, 2013, based upon the “single highest year.”
For Tiers I and II, the affected employees shall pay that portion of the employees’ share of the required retirement contribution to CalPERS, not to exceed 9% of the employee’s base compensation as defined by the Public Employees Retirement Law, Government Code Section 20000, et. seq.

Beginning January 1, 2013, in accordance with AB 340, all new hires/members retirement formula were part of the (2%) @ 57 formula with a “three-year average” for final compensation provision (Tier III), and all new hires/members covered under Tier III shall pay the employee’s 50% of the total normal costs of CalPERS contribution rate. The City amended its contract with CalPERS on December 14, 2022 to provide Section 7522.25(d) (2.7% @57 Full formula) for all current PEPRA local fire members prospectively and for those new local fire member hired on or after December 14, 2022.

ARTICLE XIX

LAYOFF PROCEDURE
Section 19.1. NEED FOR LAYOFF. Whenever it becomes necessary, in the opinion of the City Council, to abolish a position or to reduce the number of employees in a given classification in the classified service, the City Council may do so by stating in its proceedings its reasons therefore. However, no permanent full-time employee shall be separated from any department while there are emergency, seasonal, probationary, part-time or temporary employees serving in the same classification of positions in the City.

Section 19.2. ORDER OF SEPARATION. In each classification in which there is to be a layoff, employees shall be separated from employment according to his/her seniority within service. In case of the same hiring date, seniority shall be based upon hiring order.

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Section 19.3. BUMPING RIGHTS. The employee laid off shall be entitled to be displaced to a position in a classification in which he/she formerly held a permanent appointment, and in which there is an employee with less seniority in service; and if physically and mentally able to perform duties of the former classification. Any employee so displaced shall be considered as laid off for the same reason as the person who displaced him/her; and shall in the same manner be eligible to displace to a position and classification in which he/she formerly held a permanent position and accrued seniority status. In cases of equal seniority, the aforementioned criteria shall prevail.

Section 19.4. WRITTEN NOTICE OF LAYOFF / REEMPLOYMENT RIGHTS. The employee laid off shall be given written notice of layoff not less than fifteen (15) calendar days prior to the effective date of the layoff and shall be informed of their reemployment status in writing.

The names of permanent employees who have been laid off due to reduction in force shall be placed on an appropriate layoff reemployment list according to the date of separation and shall be based on: last employee laid off is the first employee on the list, with other employees eligible in sequential order thereafter. Such list shall be used by the appointing officer when a vacancy for that class is to be filled before certification. Said reemployment list shall exist for one year.

Section 19.5. REAPPOINTMENT. The appointing officer shall reinstate the former employee to the highest available position in the layoff reemployment list, if any.

Section 19.6. RE-EMPLOYMENT PROCEDURE. The names of all permanent and nonpermanent employees who have been laid off due to reduction in force shall be placed on an appropriate layoff reemployment list according to the date of separation and shall be eligible for reemployment. Such re-employment list shall be based on: last employee laid off is the first employee on the list and first to be reemployed, with other employees being eligible in sequential order thereafter. Said list shall exist for one year and shall have preference over all other employment lists.

ARTICLE XX

CONDITIONS OF CONTINUED EMPLOYMENT
Section 20.1. EMT-P LICENSE. All Firefighters/Paramedics shall possess and maintain a valid California Paramedic (EMT-P) license and accreditation to practice in Los Angeles County, to include attending all required training and continued education.

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Section 20.2. EMT-1 LICENSE. All covered employees who are not licensed and accredited as a Paramedic shall maintain an Emergency Medical Technician-1 (EMT-1) certificate valid in Los Angeles County, to include attending all required training and continued education.

Section 20.3 DRIVER’S LICENSE. All covered employees shall maintain a valid California Class C Driver’s License with Firefighter endorsement. Engineers shall maintain a valid California Class C Driver’s License with Firefighter endorsement, and complete a City provided medical exam biennially to include eyesight, blood pressure testing, and urinalysis to ensure ongoing driver and public safety. Urinalysis testing shall be for the sole purpose of presence of ketones and/or blood.

ARTICLE XXI

SCOPE OF MEMORANDUM OF UNDERSTANDING
The provisions of this Memorandum of Understanding shall supersede all prior contract and memorandums of contract, or memorandums of understanding, or contrary salary and/or personnel resolutions or Administrative Codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with Federal or State law.

ARTICLE XXII

EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, earthquake, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Memorandum of Understanding will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of provisions in the benefits suspended by virtue of the emergency shall be restored as soon as practicable at the conclusion of the emergency.

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ARTICLE XXIII

REOPENERS DURING THE MOU
During the term of this MOU, the parties agree to reopen the MOU on the following subjects:

1. Revision of current Personnel Rules.

2. Updates to current Classification Specifications.

Any changes to the above subjects shall require either mutual agreement or exhaustion of the impasse process (including fact finding).

ARTICLE XXIV

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ARTICLE XXV

TERM OF MEMORANDUM OF UNDERSTANDING
During the term of this Memorandum of Understanding, the City has the exclusive and sole right to re-open the Memorandum of Understanding on the subject of Personnel Rules.

The City agrees to meet and confer in good faith on the subject of Personnel Rules. The failure of the parties to reach mutual agreement shall not preclude the City from unilateral Implementation of the Personnel Rules. The failure to reach mutual agreement is not subject to the impasse procedure; the Memorandum of Understanding grievance process; unfair labor practice proceedings before the Public Employment Relations Board; and/or proceedings in the Superior Court.

The term of this Memorandum of Understanding shall commence on July 1, 2024 and upon ratification by the San Marino Firefighters Association and adoption by the City Council; and, shall continue in full force and effect until June 30, 2027.

CITY OF SAN MARINO FIREFIGHTERS’ ASSOCIATION
By __________________________ By _________________________

By _________________________ By _________________________

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EXHIBIT “A”

WAGE BENEFIT SCHEDULE
New employees will be eligible for their first step increase after six (6) months of employment. Service or Merit increases will require evaluation, recommendation by the Fire Chief, and approval by the City Manager.

Monthly Rates Effective July 1, 2024
Classification Step A Step B Step C Step D Step E
Fire Captain $10,139 $10,646 $11,178 $11,737 $12,324
Fire Engineer $9,140 $9,597 $10,077 $10,581 $11,110
Firefighter/Paramedic $9,056 $9,508 $9,984 $10,483 $11,007 Firefighter $8,232 $8,643 $9,075 $9,529 $10,006
Monthly Rates Effective July 1, 2025
Classification Step A Step B Step C Step D Step E
Fire Captain $10,545 $11,072 $11,626 $12,207 $12,817
Fire Engineer $9,506 $9,981 $10,480 $11,004 $11,555
Firefighter/Paramedic $9,418 $9,889 $10,383 $10,902 $11,447 Firefighter $8,561 $8,989 $9,438 $9,910 $10,406
Monthly Rates Effective July 1, 2026
Classification Step A Step B Step C Step D Step E
Fire Captain $10,967 $11,515 $12,091 $12,695 $13,330
Fire Engineer $9,886 $10,381 $10,900 $11,445 $12,017
Firefighter/Paramedic $9,795 $10,284 $10,799 $11,338 $11,905 Firefighter $8,903 $9,349 $9,816 $10,307 $10,822
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Notes
Monthly rates are rounded to the nearest dollar.

Merit increases are based on the following table for all employees:

Step A -for first six (6) months of employment.

Step B (*) -eligible after six (6) months of employment.

Step C (**) -eligible after eighteen (18) months of employment.

Step D (**) -eligible after thirty (30) months of employment.

Step E (**) -eligible after forty-two (42) months of employment. (*) Based on initial six (6) months of probation.
(**) Based on merit recommended by Fire Chief and subject to the approval of the City Manager.

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CITY OF SAN MARINO
AND

SAN MARINO FIREFIGHTERS' ASSOCIATION

REPRESENTING
SAN MARINO FIRE FIGHTERS, Local LOCAL 3626

MEMORANDUM OF UNDERSTANDING
JULY 1, 20224 TO JUNE 30, 20247
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TABLE OF CONTENTS

SECTION HEADING PAGE
ARTICLE I RECOGNITION OF THE ORGANIZATION ..........................................................1 Section 1.1. RECOGNITION.................................................................................................... 1 Section 1.2. MAJORITY REPRESENTATION ........................................................................ 1 Section 1.3. FILING OF PETITIONS ....................................................................................... 1 ARTICLE II NON-DISCRIMINATION PLEDGE........................................................................1 Section 2.1. EMPLOYEE RIGHTS........................................................................................... 1 Section 2.2. NO DISCRIMINATION......................................................................................... 1 ARTICLE III CITY RIGHTS ........................................................................................................1 Section 3.1. RESERVED RIGHTS........................................................................................... 2 Section 3.2. IMPACT OF CITY RIGHTS ................................................................................. 4 ARTICLE IV ORGANIZATION RIGHTS.....................................................................................4 Section 4.1. DUES DEDUCTIONS ........................................................................................... 4 Section 4.2. INDEMNIFICATION .............................................................................................. 4 Section 4.3. DEFINITIONS ....................................................................................................... 4 Section 4.4. STEWARDS.......................................................................................................... 5 Section 4.5. REPORTING FORM ............................................................................................. 6 Section 4.6. STEWARD'S PERMISSION TO LEAVE WORK LOCATION.............................. 6 Section 4.7. INCREASED COMMUNICATION BETWEEN THE
ASSOCIATION AND THE CITY .....................................................................6 Section 4.8. ALLOWED TIME FOR STEWARDS .................................................................... 6 ARTICLE V NO STRIKE - NO LOCKOUT PLEDGE ................................................................7 Section 5.1. ASSOCIATION PROHIBITED CONDUCT.......................................................... 7 Section 5.2. LO LOCKOUT ...................................................................................................... 7 Section 5.3. ASSOCIATION RESPONSIBILITY ..................................................................... 7 ARTICLE VI PROBATION ...........................................................................................................7 Section 6.1. PROBATION PERIOD......................................................................................... 7 Section 6.2. PERMANENT STATUS ........................................................................................ 8 Formatted: Font: 11.5 pt
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ARTICLE VII GRIEVANCES........................................................................................................8 Section 7.1. PURPOSE OF GRIEVANCE PROCEDURE ....................................................... 8 Section 7.2. GRIEVANCE ......................................................................................................... 8 Section 7.3. GUIDELINES......................................................................................................... 8 Section 7.4. TIME LIMITS ....................................................................................................... 10 Section 7.5. NO CHANGES .................................................................................................... 10 Section 7.6 ADVISORY ARBITRATION ................................................................................ 10 ARTICLE VIII WAGE AND SALARY POLICY.......................................................................... 11 Section 8.1. BASIC COMPENSATION PLAN ........................................................................ 11 Section 8.2. SALARY AND WAGE SCHEDULES.................................................................. 11 Section 8.3. ADMINISTRATION OF BASIC COMPENSATION PLAN.................................. 11 Section 8.4. BEGINNING RATES........................................................................................... 12 Section 8.5. SERVICE............................................................................................................. 12 Section 8.6. ADVANCEMENT WITHIN SCHEDULE ............................................................. 12 Section 8.7. PROMOTIONAL TESTING.................................................................................. 13 Section 8.8. COMPENSATION INCREASES FOR PROMOTIONS...................................... 13 Section 8.9. PERMANENT STATUS AFTER PROMOTION ................................................. 14 Section 8.10. COMPENSATION ON DEMOTION ................................................................. 14 Section 8.11. EMPLOYMENT AGREEMENTS ...................................................................... 14 Section 8.11. LONGEVITY PAY 14
ARTICLE IX OTHER WAGE AND HOURLY BENEFITS......................................................... 14 Section 9.1. OVERTIME WORKED ........................................................................................ 14 Section 9.2. PAYMENT UPON TERMINATION..................................................................... 15 Section 9.3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED........................ 15 Section 9.4. WORKING OUT OF CLASS............................................................................... 15 Section 9.5. OTHER ACTING POSITIONS............................................................................ 16 Section 9.6. CALL BACK PAY ................................................................................................ 16 Section 9.7. OUTSIDE SERVICES......................................................................................... 16 Section 9.8. SPECIAL COMPENSATION ............................................................................... 16 Section 9.9. SHIFT EXCHANGE ............................................................................................ 17 ARTICLE X PARAMEDICS....................................................................................................... 14 Section 10.1. AUTHORIZATION............................................................................................. 17 Section 10.2. APPOINTMENT ................................................................................................ 17 Section 10.3. COORDINATION .............................................................................................. 17 Section 10.4. PARAMEDIC PAY............................................................................................. 17 ARTICLE XI EDUCATION BENEFIT AND CAREER DEVELOPMENT.................................. 18 Formatted: Right: 0.04", Tab stops: 0.94", Left + 6.63", Right,Leader: … + Not at 6.59"
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Section 11.1. TUITION REIMBURSEMENT PLAN ................................................................ 18 Section 11.2. LIMITATIONS ON TUITION REIMBURSEMENT............................................ 19 Section 11.3. EDUCATION INCENTIVE PLAN...................................................................... 20 ARTICLE XII TRAVEL ALLOWANCE....................................................................................... 18 Section 12.1. AUTOMOBILE ALLOWANCE .......................................................................... 21 ARTICLE XIII VACATION BENEFIT......................................................................................... 21 Section 13.1. ACCRUAL AND USE........................................................................................ 21 Section 13.2. USE OF VACATION ......................................................................................... 24 Section 13.3. VACATION PAYMENT AT TERMINATION ..................................................... 24 Section 13.4. ELIGIBILITY ...................................................................................................... 25 ARTICLE XIV HOLIDAY BENEFIT ........................................................................................... 25 Section 14.1. HOLIDAY DATES ............................................................................................. 25 Section 14.2. HOLIDAYS WORKED....................................................................................... 25 Section 14.3. HOLIDAY ON VACATION DAY........................................................................ 25 Section 14.4. HOLIDAY CASH OUT....................................................................................... 25 Section 14.5. FLOATING HOLIDAY ........................................................................................ 25 ARTICLE XV SICK LEAVE ..................................................................................................... 26 Section 15.1. ACCRUAL USE................................................................................................. 26 Section 15.2. MAXIMUM SICK LEAVE ACCRUAL................................................................ 26 ARTICLE XVI LEAVES OF ABSENCE.................................................................................... 27 Section 16.1. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY................................... 28 Section 16.2. EXTENDED LEAVE OF ABSENCE................................................................. 28 Section 16.3. MILITARY LEAVE OF ABSENCE .................................................................... 28 Section 16.4. BEREAVEMENT LEAVE.................................................................................. 29 Section 16.5. JURY DUTY ....................................................................................................... 29 Section 16.6. FAMILY CARE AND MEDICAL LEAVE............................................................ 29 ARTICLE XVII INSURANCE AND RELATED BENEFITS ....................................................... 30 Section 17.1. FLEXIBLE MEDICAL BENEFITS ..................................................................... 30 Section 17.2. OTHER HEALTH BENEFITS ........................................................................... 31 Section 17.3. EMPLOYEE PARTICIPATION ......................................................................... 31 Section 17.4. CITY CONTRIBUTION ..................................................................................... 32 Section 17.5. FLEXIBLE FLOATING FRINGE BENEFIT POOL ............................................ 32 Section 17.6. FLORES DECISION .......................................................................................... 32 Section 17.7. RETIREMENT HEALTH SAVINGS PLAN ........................................................ 33 Formatted: Tab stops: 1.06", Left
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Section 17.8. RETIREE PARTICIPATION.............................................................................. 33 Section 17.9. RETIREE MEDICAL TRUST ............................................................................. 33 Section 17.910. LONG TERM DISABILITY INSURANCE ..................................................... 34 Section 17.110 LIFE INSURANCE ........................................................................................... 34 ARTICLE XVIII RETIREMENT BENEFIT ................................................................................. 34 Section 18.1. CALalPERS MEMBERSHIP.............................................................................. 34 Section 18.2. RETIREMENT PLAN ......................................................................................... 35 ARTICLE XIX LAYOFF PROCEDURE .................................................................................... 36 Section 19.1. NEED FOR LAYOFF ........................................................................................ 36 Section 19.2. ORDER OF SEPARATION............................................................................... 36 Section 19.3. BUMPING RIGHTS........................................................................................... 36 Section 19.4. WRITTEN NOTICE OF LAYOFF/REEMPLOYMENT RIGHTS........................ 36 Section 19.5. REAPPOINTMENT ........................................................................................... 36 Section 19.6. REEMPLOYMENT PROCEDURE ................................................................... 37 ARTICLE XX CONDITIONS OF CONTINUED EMPLOYMENT ............................................. 37 Section 20.1. EMT-P LICENSE............................................................................................... 37 Section 20.2. EMT-1 LICENSE............................................................................................... 37 Section 20.3. DRIVER'S LICENSE.......................................................................................... 37 ARTICLE XXI SCOPE OF MEMORANDUM OF UNDERSTANTING ..................................... 37 ARTICLE XXII EMERGENCY WAIVER PROVISION.............................................................. 38 ARTICLE XXIII REOPENNERS DURING THE MEMORANDUM OF UNDERSANDING ...... 38 ARTICLE XXIV SEPARABILITY PROVISION.......................................................................... 38 ARTICLE XXV TERM OF MEMORANDUM OF UNDERSTANDING...................................... 39 EXHIBIT "A"
WAGE BENEFIT SCHEDULE .................................................................................................. 41 MERIT INCREASES ....................................................................................................... 41 Formatted: Font: 11.5 pt
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ARTICLE I

ARTICLE II

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change in any provision or provisions of this Memorandum of Understanding in compliance with State or Federal antidiscrimination laws.

ARTICLE III

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons; Formatted: Justified
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L. To establish and modify productivity and performance programs and standards for City operations;
M. To discharge, suspend, demote, or otherwise discipline employees for proper cause; N. To determine job classifications and to reclassify employees; O. To hire, transfer, promote, and demote employees for non-disciplinary reasons, in accordance with this Memorandum of Understanding and the City's Rules and Regulations;
P. To determine policies, procedures, and standards;
Q. To establish employee performance standards, including but not limited to quality and quantity standards; and to require compliance therewith; R. To maintain order and efficiency in its facilities and operations; S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Memorandum of Understanding;
T. To take any and all necessary action to carry out the mission of the City in emergencies; U. To determine the mission of its constituent departments, boards and commissions; V. To establish the need and use of personnel information for employees and the means by which that information is to be provided. Employees retain their rights to privacy as provided by law.

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ARTICLE IV

Section 4.3. DEFINITIONS. For the purposes of this Memorandum of Understanding, the following definitions shall be used:

AA. Reasonable number of stewards should be interpreted to mean one (1) person identified on each individual shift for the purpose of conducting Association activities during on-duty hours, plus one steward-at-large. The steward-at-large shall only act as steward in the absence of the usually designated steward, and time spent by the steward-at-large in this capacity shall be at no additional cost to the City.

BB. Reasonable amount of time to promptly and expeditiously investigate and process grievances shall not be specifically defined in this context for it might be viewed as encouraging abuse. "Promptly and expeditiously" obviously relate to the amount of time spent. The word "process" in this context means only to discuss the matter with the griever, record information, advise or recommend action, assist in the completion of documents necessary to formal grievance processing, investigate allegations which may form the basis for the grievance, and, if so requested, appearance with the griever at the first formal level of grievance resolution.
y form the basis for the grievance, and, if so requested, appearance with the griever at the first formal level of grievance resolution.
grievance, and, if so requested, appearance with the griever at the first formal level of grievance resolution.

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C. Grievance. See Section 7.2 for definition of Grievance.

D. Cognizant supervisor means the shift supervisor present at the work location.

Section 4.4. STEWARDS. The Association may select a reasonable number of stewards for this unit, as defined herein. The Association shall give to the City Manager’s OfficeHuman Resources Director and Fire Chief a written list of employees who have been selected as stewards. This list shall be kept current by the Association; and forwarded to the City ManagerHuman Resources Director and Fire Chief each time there is an update.

The Association agrees that a steward shall not log compensatory time or overtime pay for the time spent performing any function of a steward.

Section 4.5. REPORTING FORM. The Association does not object to the use of a form for the purpose of recording the amount of time spent by stewards in their work on grievances.

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Section 4.6. STEWARD'S PERMISSION TO LEAVE WORK LOCATION. As indicated above, both permission and denial of a request to leave a work location by a steward to investigate or process a grievance or potential grievance shall be recorded with a signature by the shift supervisor and the time on the appropriate form. Notations as to the reasons for a possible denial of the request and the time when the time may be expected to be made available should also be recorded on this form.

ARTICLE V

Compliance with the request of other labor organizations to engage in such activities is included in this prohibition.

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ARTICLE VI

Section 6.2. PERMANENT STATUS. The employee shall attain permanent status in the classification upon successful completion of the probationary period.

ARTICLE VII

It is understood that the intent of the grievance procedure is to resolve disputes and to avoid confrontations.

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Section 7.3. GUIDELINES.

AA. The grievant is entitled to representation of his/her choice.

BB. Employees are assured freedom from reprisal for using the grievance procedure.

An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, shall not in any way be coerced, intimidated, or discriminated against.

CC. The grievant and/or the grievant's representative may use a reasonable amount of work time in conferring and presenting the grievance and appeal. However, no employee shall transact such matters and/or shall be absent from the assigned work place without first obtaining approval from the employee's supervisor.

DD. There shall be an earnest effort on the part of both parties to settle the grievance promptly through the steps listed below:

Step 2. If the grievance is not settled in Step 1, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and detailing the specific provisions of this Memorandum of Understanding alleged to have been violated, signed and dated by the employee, and presented to the Fire Chief within ten (10) calendar days after termination of Step 1. A meeting with the employee, employee's representative and Fire Chief will be arranged at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date the grievance is received by the Fire Chief. The Fire Chief may invite other members of management to be present at such meeting. The Fire Chief shall give a written reply by the end of the tenth (10th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2. Should the Fire Chief not give a written reply within ten (10) calendar days from the date the grievance is received by him, the grievance will be deemed denied at the end of the tenth (10th) calendar day following the presentation of the grievance under step 2, and the employee may appeal it to Step 3.

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ate the grievance is received by him, the grievance will be deemed denied at the end of the tenth (10th) calendar day following the presentation of the grievance under step 2, and the employee may appeal it to Step 3.
e grievance is received by him, the grievance will be deemed denied at the end of the tenth (10th) calendar day following the presentation of the grievance under step 2, and the employee may appeal it to Step 3.

Step 3. If the grievance is not settled in Step 2, the employee shall reduce his/her grievance to writing, including the reasons for proceeding to this step, and submit it to the City Manager or his/her designee within ten (10) calendar days after the termination of Step 2. The City Manager or his/her designee shall arrange a meeting to be held at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date the grievance is referred to Step 3. A written decision shall be rendered within ten (10) calendar days from the date of such meeting. If the City Manager or his/her designee does not provide a written decision within ten (10) calendar days following such meeting, the grievance will be deemed denied at the end of the tenth (10th) calendar day following such meeting, and the employee may go to advisory arbitration. ance is referred to Step 3. A written decision shall be rendered within ten (10) calendar days from the date of such meeting. If the City Manager or his/her designee does not provide a written decision within ten (10) calendar days following such meeting, the grievance will be deemed denied at the end of the tenth (10th) calendar day following such meeting, and the employee may go to advisory arbitration. s referred to Step 3. A written decision shall be rendered within ten (10) calendar days from the date of such meeting. If the City Manager or his/her designee does not provide a written decision within ten (10) calendar days following such meeting, the grievance will be deemed denied at the end of the tenth (10th) calendar day following such meeting, and the employee may go to advisory arbitration.

Section 7.4. TIME LIMITS. The limits set forth above may be extended by mutual written contract between the parties, but neither party shall be required to so agree.

Section 7.5. NO CHANGES. It is not intended that the grievance procedure shall be used to effect changes in the established salary and fringe benefits.

AA. As soon as possible and in any event not later than ten (10) calendar days after the City Manager has received written notice from the employee of the desire to arbitrate, the parties shall agree upon an arbitrator. If no contract is reached within said ten (10) calendar days, an arbitrator shall be selected from a list of five (5) arbitrators Formatted: Justified
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submitted by the State Conciliation Service or Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot. rikes the first name from the panel shall be determined by lot.

BB. Either the City or the employee may call any employee as a witness, and the City agrees to release said witness from work if he/she is on duty.

CC. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him/her by the respective parties in the presence of each other.

DD. The decision of the arbitrator within the limits herein prescribed shall be advisory to the City Council.

EE. The arbitrator may hear and determine only one grievance at a time without the expressed contract of the City and the Association.

FF.The cost of the hearing officer and court reporter shall be shared equally between the City and the Association regardless of the outcome.

ARTICLE VIII

Section 8.2. SALARY AND WAGE SCHEDULES.

Effective July 1, 20242, all classifications shall receive a base salary increase of seven four percent (47%). The Salary Schedule is set forth in Exhibit A.

Effective July 1, 20253, all classifications shall receive a base salary increase of four percent (4%). The Salary Schedule is set forth in Exhibit A.

Effective July 1, 2026, all classifications shall receive a base salary increase of four percent (4%). The Salary Schedule is set forth in Exhibit A.

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The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of five (5) Steps or rates of pay in each range.

The respective ranges shall be identified by job title and the Steps by the letters "A" to "E" inclusive.

For all employees covered by this Memorandum of Understanding, the work schedule shall be considered to be ninety-six (96) hours during a twelve-day (12) day period. This is equivalent to an average of 243 hours per month (2920/12).

A shift shall be considered to be equal to twenty-four (24) hours.

Section 8.6. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancement within ranges:

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AA. Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee may be advanced to the next available Step effective the first day (1st) of the next pay period following the date of successful completion of six (6) months of continuous full time employment, pursuant to an evaluation and the Fire Chief’s recommendation and approval by the City Manager.

BB. Merit Advancement. An employee may be considered for advancement from one Step to the next higher Step upon completion of the minimum length of service. The effective date of such merit increase, if granted, shall be the first day of the next pay period following approval by the City. Advancement to any step shall be granted only for continuous, meritorious and efficient service by the employee in the effective performance of his/her position based on the performance evaluation.

A merit advancement requires the Fire Chief to file with the City Manager or his/her designee a statement recommending the award or denial of the merit increase and to support any such recommendation with specific reasons thereof.

CC. Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of duties, the Fire Chief may recommend to the City Manager that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Memorandum of Understanding. The City Manager may, on the basis of the Fire Chief's recommendation, approve or deny such advancement.

DD. Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to a higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subsection (B) herein.

Section 8.7. PROMOTIONAL TESTING. Promotional testing for the positions of Captain and Engineer will be conducted by the City’s Human Resources Division at a minimum of once every two (2) years with Eligibility Lists certified no later than May 31st of the testing year. Tests will alternate annually between Captain and Engineer. It is recognized that events beyond the City’s control may at times prevent a strict adherence to this timetable; however, it is the mutual intent of the City and the Association that this schedule be maintained in order to Formatted: Font: 11.5 pt
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facilitate timely testing and promotions, and eliminate unnecessary vacancies in these ranks due to attrition.

Section 8.8. COMPENSATION INCREASES FOR PROMOTIONS. Any full-time employee promoted to a higher classification shall receive an increase in compensation, which is at least five percent (5%) higher than the employee's last salary and within the salary range for that position. At the discretion of the Fire Chief and the City Manager, an employee may be granted a two (2) or three (3) step salary increase upon promotion. The date of promotion shall then be considered the new anniversary date for purposes of eligibility for further compensation increases, except that no merit increase shall be given considered until after six (6) months in the higher classification, regardless of the requirement for a probationary period, as stated in Section 06.01, Probationary Period.
.

Section 8.9. PERMANENT STATUS AFTER PROMOTION. The employee shall attain permanent status in the position upon successful completion of the probationary period required in Section 6.1. An employee who does not satisfy the standards of the higher classification during the probationary period shall be notified in writing. Such notice shall include the reasons for such action. If the permanent status is not achieved, such employee shall be demoted to the appropriate Step in the employee's former classification.

Section 8.10. COMPENSATION ON DEMOTION. When an employee is demoted, the employee shall retain the same step as the employee held in the previous salary range.

Increases in compensation shall thenceforth be in accordance with the schedule set forth in Section 8.6 of this Article as if the employee was originally employed in the new classification range.

Section 8.11. EMPLOYMENT AGREEMENTS. In order to promote employee retention, teambuilding, employee safety and productivity, Association supports City requirement that new employees shall enter into an employment agreement, the purpose of which is to discourage the new employee from unilaterally terminating employment prematurely.

Years of Service % of Base Salary Per Month
Year 10 2%
Year 15 4%
Year 20 6%
Longevity Pay compensation shall occur the pay period following the completion of the total years of service.

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ARTICLE IX

OTHER WAGE AND HOURLY BENEFITS
Section 9.1. OVERTIME WORKED. Regarding fire suppression employees regularly assigned to a twenty-four (24) -hour shift schedule who work overtime, the City shall compensate the employee with pay at 1.5 times the employee’s hourly rate on any hours worked in excess of ninety-one (91) hours in a twelve (12) day FLSA period or with equal time off (compensatory time off). Any hours worked in excess of ninety-six (96) hours in a twelve (12) day FLSA period shall first be authorized by the Fire Chief or his/her designee. The employees shall indicate their preference for receiving pay for overtime or compensatory time off. The City shall pay all overtime earned no later than the pay period following the pay period in which it is earned. Emergencies may arise in which this is not possible.

Compensatory time for overtime worked in each day will be accumulated in one-half (1/2) hour increments. Where an employee works less than one-half (1/2) hour of overtime, the employee shall not receive compensatory time for overtime of less than one-half (1/2) hour. In order to be entitled to overtime, such overtime must be authorized by the Fire Chief.

Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work.

1. Vacation

2. Holiday Leave

3. Sick Leave

4. Administrative Leave

5. Workers' Compensation Leave

6. 4850 Time

7. Jury duty

8. Bereavement Leave

9. Military Leave
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10. Compensatory Time Off

Section 9.3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.

AA. Accumulated compensatory time off may be taken by an employee upon reasonable written notice and prior approval of the Fire Chief.

BB. The affected shift supervisor may permit an employee requesting to use accumulated compensatory time off to be relieved from the work dayworkday, provided it will not cause the shift to be undermanned.

CC. In any instance involving use of a fraction of an hour of compensatory time off, the minimum charge to the employee's compensatory time off account shall be one (1) hour.

Section 9.4. WORKING OUT OF CLASS.

Employees in the Fire Department temporarily assigned to the classification of Captain, shall receive a five percent (5%) pay differential for all hours worked as a Captain, commencing with the first (1st) full shift worked. There will be no additional pay for temporary hours worked prior to the first full shift of the temporary assignment to Captain.

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Section 9.5. OTHER ACTING POSITIONS. Acting positions may be established when deemed necessary by the Fire Chief.

Section 9.7. OUTSIDE SERVICES. Whenever a covered employee is voluntarily assigned to an outside service, the employee shall be paid as follows:

A. On movies -– One hundred and twenty dollars $120.00 per hour, with an eight (8) hour minimum. Employee shall provide proof of completion of a State Fire Marshal Film Safety Officer course to be eligible for assignment to a movie detail.

B. All other details -– One hundred and twenty dollars $120.00 per hour, with an eight (8) hour minimum.

Section 9.8. SPECIAL COMPENSATION. In addition to the other applicable provisions of this Memorandum of Understanding, members are also eligible to receive:

B. Paramedic Coordinator Pay. Five hundred dollars ($500) per month, up to a maximum of one (1) employee.

C. Arson Investigator Pay. Two hundred dollars ($200) per month, up to a maximum of three (3) employees, preferably one (1) per shift.

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D. Uniform Maintenance. Two hundred dollars ($200) per year for maintenance of uniforms in accordance with the established uniform standards.

E. Bilingual Pay. An employee who demonstrates conversational verbal fluency in Cantonese, Taiwanese, Mandarin, and/or Spanish (or any other language as determined by the City Manager) shall receive compensation in the amount of one hundred dollars $100 per month ($0.58 per hour). In exchange, the employee agrees to use his/her fluency to communicate and translate as needed. Qualification for bilingual pay shall be subject to successful completion of a proficiency exam as determined by the City Manager's OfficeHuman Resources Director. Bilingual pay will start at the beginning of the pay period immediately following the employee's successful completion of a proficiency exam. Biennial requalification will be required for continuation of bilingual pay.

F. Signing/Recruitment/Retention Bonus. A Firefighter/Paramedic shall receive the following amounts as a Signing/Recruitment/Retention Bonus: (a) First Day of Employment – Twenty-five hundred dollars ($2,500); (b) Eighteen (18) Months of Employment - Twenty-five hundred dollars ($2,500); and (c) Forty-Two (42) Months of Employment - Twenty-five hundred dollars ($2,500). Current employees who have/did not receive an earlier bonus may be eligible for the subsequent bonuses if these respective anniversary dates occur during the term of this MOU.

G. occur during the term of this MOU.

Section 9.9. SHIFT EXCHANGE.

No obligation shall accrue to the City as a result of the operation of this Section.

Section 9.10. ARPA (COVID-19) BONUS
All full-time Association members employed by the City on January 3, 2023, shall receive a one-time bonus of $100 for each month employed by the City from March 2020 through June 2022. The total amount received shall not exceed twenty-eight hundred dollars ($2800) in total and will be prorated in general and for partial months.

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ARTICLE X

PARAMEDICS
Section 10.1. AUTHORIZATION. The City Council has authorized that the paramedic function be performed by its Firefighter/Paramedic employees.

Section 10.2. APPOINTMENT. All Firefighter/Paramedics shall be appointed to and retained in that function by the Fire Chief at his/her sole discretion.

Section 10.3. COORDINATION. Coordination of the paramedic function is the responsibility of the Fire Chief or his/her designee with City Manager approval.

ARTICLE XI

EDUCATION WAGE BENEFIT AND CAREER DEVELOPMENT PROGRAM
Section 11.1. TUITION REIMBURSEMENT PLAN. The provisions of this section are subject to funding being authorized through the annual City budget process. For the term of the MOU beginning June 26, 2016July 1, 2024 and extending through June 22, 2019,June 30, 2027, the Tuition Reimbursement Plan will be unfunded unless the City Council authorizes funding during the budget process.

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AA. Courses must relate to the employee's present job or directly relate to the employee's potential development with the City.

BB. Course work taken at recognized accredited institutions shall be considered for reimbursement. Reimbursement for course work taken at a non-accredited institution shall be subject to the sole discretion of the City ManagerFire Chief.

CC. Employees shall not receive tuition reimbursement if they fail to satisfactorily complete the approved course and/or fail to receive a grade of "C" or better.

DD. In the event an employee receives assistance under federal or state government legislation or other student aid programs for education charges for an approved course, only the difference, if any, between such assistance and the education charges an employee actually incurs, shall be eligible for reimbursement under this plan.

EE. Course books for which an employee receives reimbursement shall become the property of the City. Books may be sold by the City back to the educational institution’s bookstore, and monies received returned to the City. Employees who wish to keep course books shall not be reimbursed for same.

FF.If an employee, of his/her own volition, withdraws from a course before completion, he/she will refund to the City all monies paid by the City toward that course. If an employee is forced to withdraw due to job reasons, and with the Fire Chief's approval, no refund will be necessary.

GG. An employee who leaves the employment of the City before completion of the semester, and therefore does not complete the course(s) while working for the City, shall refund all monies paid him/her by the City for the course(s). No prorating will be permitted.

HH. Upon completion of each semester, the employee shall be responsible for reporting grades received to the Fire Chief for recording purposes and for supplying a copy of the grade receipt for the employee's personnel file.

If the City requires the employee to withdraw from the course, the City shall reimburse the employee for the cost of tuition. All payments shall be made as part of the regular City Warrant.

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Tuition reimbursement shall not be allowed for internship courses or independent study courses where course work requirements are considered solely a continuing condition of employment.

All reimbursements shall be approved based on the availability of funds budgeted for that purpose during any given fiscal year. Availability of funds shall be determined by the City Manager.

11. Level #1 -– To be eligible, personnel must have two (2) years of fire service in the City'’s Fire Department and have a Fire Science Certificate or a minimum of twenty-seven (27) units in fire science related fields as determined by the Fire Chief.

2. Level #2 -– To be eligible, personnel must have completed three (3) years of fire service in the City'’s Fire Department and obtained an Associate of Science degree with a major in Fire Science as determined by the Fire Chief.

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3. Level #3 -– To be eligible, personnel must have completed three (3) years of fire service in the City'’s Fire Department, have an Associate of Science degree with a major in Fire Science, and have completed one (1) of the following:
(a) Completion of a junior year towards a Baccalaureate degree in Fire Science, Fire Management or other closely related course work at an accredited college; or
(b) Completion of the State of California Certificated Fire Officer program as recognized by the California State Board of Fire Services.

4. Level #4 -– To be eligible, personnel must have completed four (4) years of service in the City'’s Fire Department and possess a Baccalaureate degree in Fire Science, Fire Management or other closely related course work as determined by the Fire Chief.

B. MONTHLY COMPENSATION:

Increment #1 $ 70.00 per month ($0.29 per hour)
Increment #2 $140.00 per month ($0.58 per hour)
Increment #3 $210.00 per month ($0.86 per hour)
Increment #4 $280.00 per month ($1.15 per hour)

ARTICLE XII

ARTICLE XIII

VACATION BENEFIT
Section 13.1. ACCRUAL AND USE
A. ACCRUAL INCREMENTS. All increments for accrual and use of vacation leave time shall be in hours or portions thereof.

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B. VACATION ACCRUAL.

Each permanent, full-time and probationary employee within the classifications of Firefighter, Firefighter/Paramedic and Engineer shall accrue vacation leave in accordance with the following formula:
(1) 13.0 hours for each month during the first (1st) through fifth (5th) year of employment (156.0 hours annually).
(2) 15.0 hours for each month during the sixth (6th) and seventh (7th) year of employment (180.0 hours annually).
(3) 17.0 hours for each month during the eighth (8th) and ninth (9th) year of employment (204.0 hours annually).
(4) 19.0 hours for each month during the tenth (10th) through the fifteenth (15th) year of employment (240.0 hours annually).
(5) 21 hours for each month during the sixteenth (16th) year through the nineteenth (19th) year of employment (252 hours annually). (6) 23.0 hours for each during the twentieth (20th) year through the twentyfifth (25th) year of employment (276.0 hours annually). (7) 25.0 hours for each month beginning with the twenty-sixth (26th) and subsequent years of employment (300.0 hours annually).

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(5) 22 hours for each month during the sixteenth (16th) year through the nineteenth (19th) year of employment (264.0 hours annually). (6) 24.0 hours for each month during the twentieth (20th) through twenty-fifth (25th) year of employment (288.0 hours annually).
(7) 26.0 hours for each month beginning with the twenty-sixth (26th) and subsequent years of employment (312.0 hours annually).

C. Maximum Vacation Accrual. An employee's available vacation hours shall not exceed the following maximum amounts at any given time regardless of classification:
(1) 336.00 hours in the first (1st) through fifth (5th) year of employment. (2) 384.00 hours in the sixth (6th) and seventh (7th) year of employment. (3) 432.00 hours in the eighth (8th) and ninth (9th) year of employment. (4) 480.00 hours in the tenth (10th) through fifteenth (15th) year of employment.
(5) 528.00 hours in the sixteenth (16th) through nineteenth (19th) year of employment.
(6) 576.00 hours for the twentieth (20th) and subsequent years of employment.
(7) 624.00 hours for the twenty-sixth (26th) and subsequent years of employment.

D. Vacation accruals above maximum.

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(1) Firefighters, Firefighter/Paramedics, and Engineers. Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant. The City Manager may approve a lump sum payment for vacation leave, so long as a balance of seventy-two (72) hours remains available for use as vacation.

Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.

All vacation time shall be taken in minimums of twelve (12) hour increments.

An employee shall not be eligible to utilize accrued vacation during the first twelve (12) months of initial full-time employment. While in a probationary period following a promotion, the probationary period will be extended an equivalent time to the time spent on vacation.

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When termination is caused by the death of the employee, said payment for unused vacation shall be paid to the beneficiary designated by the employee. Such designation shall have been in writing, signed by the employee and filed with the Administrative Services OfficerHuman Resources Department. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

All payments for accrued vacation leave shall be made at the time of the next regular pay period following the final date of employment with the City.

No part-time, provisional, or temporary employees shall be eligible for any vacation accrual.

ARTICLE XIV

HOLIDAY BENEFIT
Section 14.1. HOLIDAY DATES. Fire Department employees shall have the following legal holidays, or one hundred forty-four (144) hours (six [6] shifts) in accordance with this Article:
- New Year's Day
- President's Day
- Memorial Day
- Fourth of July
- Thanksgiving Day
- Christmas Day
Section 14.2. HOLIDAYS WORKED. Employees working on holidays shall receive holiday pay, or time off, plus the employee's regular straight time hourly pay for all hours worked, at the employee's discretion, equivalent to the number of hours worked on the holiday.

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Section 14.3. HOLIDAY ON VACATION DAY. Should one of the holidays listed above fall during an employee's vacation period, or while an employee is lawfully absent with pay, the employee shall be credited for the holiday and no charge shall be made against the employee's accumulated vacation.

Section 14.4. HOLIDAY CASH OUT. Holiday time shall be paid out annually in July of each year at the June 30th rate at which the Holiday time was accrued.

Section 14.5. FLOATING HOLIDAY. All employees covered by the terms of this MOU shall have two (2) floating holidays per calendar year on a use it or lose it basis. One (1) floating holiday is equivalent to twelventy-four (1224) hours. The date of the floating holiday may be selected by the employee, but shall be subject to prior approval by the Fire Chief or his/her designee, who shall consider the request of the employee and the needs of the City.

ARTICLE XV

SICK LEAVE
Section 15.1. ACCRUAL AND USE.

Paid sick leave may be used for the following reasons:

1. For the employee’s own diagnosis, care or treatment of an existing health condition or preventative care.

2. For the diagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee's family member(s). For purposes of this policy, family member means any of the following:
• Child (including biological, adopted or foster child; stepchild; legal ward; or a child to whom the employee stands in loco parentis regardless of age or dependency status;
• Spouse or registered domestic partner;
• Parent (including biological, adoptive, or foster parent; stepparent; legal guardian of an employee or the employee’s spouse or registered domestic partner; or a person who stood loco parentis when the employee was a minor child);
• Grandparent;
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• Grandchild;
• Sibling; or
• Designated person, which means a person identified by the employee at the time employee requests paid sick leave. Each employee is limited to one designated person per 12-month period for paid sick leave.

Sick leave is to be used solely for illness or medical appointment of an affected employee or his/her immediate family, meaning: spouse, natural or adopted child, step-child, brother, sister, parent, stepparent, stepbrother, or stepsister.

3. To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking as described in CA Labor Code Section 203(c) and 230.1(a).

Each employee shall accrue six (6) hours of sick leave time at the end of each pay period not to exceed twelve (12) hours per month.

Employees leaving employment with the City for any reason other than a retirement separation, who have received an advance for accruals of sick leave time and who have used said sick leave time at a rate greater than twelve (12) hours of sick leave time off for each month of actual employment during the six (6) month period of the advance, shall have the amount of sick leave time off used in excess of twelve (12) hours per month deducted from the employee's final payroll on an hour for hour basis at the employee's hourly salary rate at the time of separation.
ployee's hourly salary rate at the time of separation.
loyee's hourly salary rate at the time of separation.

If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notice to their supervisor by submitting a “Leave Request” form.

If the need for paid sick leave is unforeseeable, the employee shall provide notice to their supervisor of the need for the leave as soon as practicable, either verbally or in writing.

The employee shall than submit a “Leave Request” on the day the employee returns to work.

An employee shall submit a "Leave Request" form to his/her immediate supervisor no less than twenty-four (24) hours prior to taking sick leave for pre-scheduled medical appointments.

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An employee who has been absent from work due to illness shall complete a "Leave Request" form on the day he/she returns to work indicating the date, times and nature of illness.

SECTION 15.2. MAXIMUM SICK LEAVE ACCRUAL.

If an RHS plan is not available for the employee or any IRS tax laws conflict, the employee will be cashed out at $.50 on the dollar.

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No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time for the purpose of medical or sick leave.

Employee shall have no vested rights in the accrued sick leave time upon termination with the City.

ARTICLE XVI

At the expiration of the approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at such leave's expiration, or within a reasonable time after receiving a notice to return to duty shall be cause for discharge. The depositing in the United States Postal Service mail of a first classfirst-class letter, postage paid, addressed to the employee's last known place of residence, shall meet the requirements of reasonable notice.

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All provisions of Section 15.1 of this Article shall apply to extended leaves of absence, unless specifically authorized otherwise by the City Council.

Section 16.3. MILITARY LEAVE OF ABSENCE. Military leave shall be granted in accordance with the provisions of state and federal law. All employees entitled to military leave shall give the department head an opportunity, within the limits of applicable laws, to determine when such leave shall be taken. Whenever possible, the employee involved shall notify his/her department head of such leave at least ten (10) working days in advance of the beginning date of such leave.

A. If the death occurred within a two hundred (200) mile radius of the City of San Marino, the employee shall be granted up to two (2) shifts bereavement leave.

B. If the death occurred outside a two hundred (200) miles radius of the City of San Marino, the employee shall be granted up to three (3) shifts bereavement leave.

Section 16.5. JURY DUTY. Every permanent employee covered under this agreement who is called or required to serve as a trial juror shall be entitled to be absent with full pay from duties not to exceed 40 hours of actual jury service in court within a three yearthree-year period. The employee shall provide evidence of jury duty notification to management within four (4) days of receipt, but no less than one (1) week prior to reporting for jury duty. Additionally, the employee shall provide evidence of actual hours of jury duty service in order to be eligible for compensation. For the purpose of this section, full pay shall be the employee's base salary exclusive of premium pay or overtime. Jury duty hours shall not be counted as hours worked pursuant to FLSA.

Section 16.6. FAMILY CARE AND MEDICAL LEAVE. Under federal and state law, the City is required to provide up to twelve (12) weeks of job-protected leave, paid or unpaid, for medical reasons with continued healthcare benefits under the same terms and conditions as when the employee is working, for the birth or adoption of a child; and for the care of a child, spouse, or parent who has a serious health condition. The following provisions set forth unit members' rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Formatted: Font: 11.5 pt
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Rights Act ("CFRA") (Government Code § 12945.2). Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA.

The City will grant FMLA/CFRA to all employees who request leave under FMLA/CFRA in accordance with the law.

Whenever FMLA is requested by an employee it will run concurrently with CFRA (where applicable).

The twelve (12)- month period for calculating leave entitlement will be a "rolling period" measured backward from the last date leave is taken and continues with each additional leave day taken. Thus, whenever a member requests leave, the City will look back over the previous twelve (12)- month period to determine how much leave has been used in determining how much leave a member is entitled to.

Member must fill out the following applicable forms in connection with leave under this Article:

1. Employee must provide at least thirty (30) day’s written notice, when possible, by filling out a "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave;

2. Medical certification - either for the member's own serious health condition or for the serious health condition of a child, parent or spouse;

3. Authorization for payroll deductions for benefit plan coverage continuation; and

4. Fitness for duty to return from leave form.

ARTICLE XVII

INSURANCE AND RELATED FLEXIBLE BENEFITS
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Section 17.1. FLEXIBLE MEDICAL BENEFITS. Effective February 1, 2009 the City of San Marino shall commence participation in the California Public Employees’ Medical and Hospital Care Act, Government Code Sections 22750 et. Seq. The employer contribution for annuitants shall at all times equal employer contribution paid for active employees. Medical benefits shall be under the CalPERS medical program.

Section 17.2. OTHER HEALTH BENEFITS. The City shall make available to current employees group dental, vision and life insurance and long termlong-term disability insurance programs, for as long as employee participation permits such programs to be provided.

Employees may join or remove themselves or their dependents from participation in any program once annually. The City shall notify employees of the join/remove period by providing a notice with payroll at least three (3) weeks prior to the time period.

The City shall permit a payroll deduction for Myers-Stevens Life Insurance as long as at least ten (10) Fire Department members maintain coverage.

1. Submit adequate written proof of medical coverage;

2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and

3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.

Said cash out, shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571).

For employees who have or continue to exercise the cash-out option the following shall apply:

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• Only employees currently exercising the cash-out option may utilize this option. The current cash-out amount is “capped” at the existing amount; it may not be increased in the future. If reduced in the future, it may not go back up. • Current Employees not utilizing benefit may not utilize the benefit in the future. • Additional flex dollars (7/01/2019, 07/01/2020 and 07/01/2021) may not be cashed out, but may be used towards additional health insurance, life insurance, vision insurance and/or dental insurance.
• New hires are not eligible for any cash out.

Effective January 1, 2023, the City of San Marino shall contribute the following flat rates per month on behalf of each currently active employee to the “FFBP”:

No Coverage Elected for Medical Insurance:

Employee Only Coverage Elected for Medical Insurance:

Employee +1 Dependent Coverage Elected for Medical Insurance:

Employee + 2 or More Dependents Coverage Elected for Medical Insurance:

Effective January 1, 2024, the City will fully fund the same insurances noted above, recalculating the amounts based on insurance premium increases.

In the event that the “FFBP” fails to cover the actual costs of the additional health insurance, required life insurance, vision insurance, required disability insurance, and dental insurance, the individual employee shall pay the difference. Any “FFBP” amount left unspent Formatted: Indent: First line: 0.5"
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on actual insurance costs will be forfeited by the employee, with no option to cash it out, utilize it towards voluntary benefits, etc.

Section 17.7. FLORES DECISION. For employees who are part of the Legacy Cash Out Program (Section 17.6), the following shall apply:

Given that the decision was final in favor of the individual plaintiffs, the City has recalulatedrecalculated FLSA overtime retroactive to June 28, 2015 according to the decision and prospectively began paying FLSA overtime according to the decision.

The City and Association acknowledge that this language completes satisfaction of any liability, both retroactive and prospective, for FLSA overtime under the decision.

Section 17.8. RETIREMENT HEALTH SAVINGS PLAN.

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The City agrees to sponsor a Retirement Health Savings Plan (RHS), pursuant to the employee group agreeing on contributions and meeting the RHS plan criteria, and all legal requirements pertaining to such a plan. Contributions must be confined to areas of compensation already outlined within this Memorandum of Understanding that are otherwise available to the employee.

Monthly Trust Contribution. The City and the Association agree that the City shall withhold a mandatory contribution on a pre-tax basis from the pay of every employee who is a member of the Defined Class and shall transmit such contributions to the Trust pursuant to the requirements below. No employee shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash. The amount of the Monthly Trust Contribution shall be based on completed years of City employment and is set forth in the IAFF Medical Expense Reimbursement Plan Joinder Agreement for IAFF Locals document on file with the City. The City will not be providing any contributions to the employees’ MERP.

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Modification of Monthly Employee Contribution or Leave Transfers. The City and the Association agree that the Association has the right, subject to approval of its members according to the Association’s internal rules, to prospectively modify the amount of the mandatory employee Monthly Trust Contribution, or to include the mandatory transfer of employee leave where an employee is eligible to receive monetary compensation under the terms of this Agreement, so long as the modification is mandatory for all employees in the Defined Class and there is no option for the employee to receive cash in lieu of making contributions to the Trust. The Association must provide the City with at least 45 days' advance written notice of any such changes.

Section 17.109. RETIREE PARTICIPATION. Retirees, who have retired under a CalPERS retirement program after a minimum of five (5) years of full-time employment with the City, shall be eligible to participate in the CalPERS medical program, the dental program and the vision plan provided by the City for current employees as provided in this Article.

Retirees and their dependents shall be eligible to remain in the CalPERS medical program for as long as they shall meet the requirements of said program. Retirees shall be eligible to participate in the other health programs provided for herein until they reach the age of sixty-five (65). Retirees may carry dependent coverage under the health programs (other than CalPERS medical) provided for herein until the dependent reaches the age of sixty-five (65).

Each August 1st thereafter, the City shall increase the contribution available to retirees by the amount required by the CalPERS medical program.

Section 17.110. LONG TERM DISABILITY INSURANCE. The City shall provide a Long TermLong-Term Disability (LTD) insurance program for affected employees. The cost for said life insurance shall be paid by the employee from the monthly City contribution provided in Section 17.04 of this article.

The Long TermLong-Term Disability program shall be with a thirty (30) day elimination period or as otherwise mutually agreed; with sixty sixsixty-six and two-thirds percent (66-2/3) of salary benefits; and with coverage as provided for under the Harry J. Wilson, Insurance Center Inc. Program.

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All affected employees shall be required to participate in the Long TermLong-Term Disability insurance program.

Section 17.121 LIFE INSURANCE. The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution provided in Section 17.04 of this article.

All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.

ARTICLE XVIII

RETIREMENT BENEFIT
Section 18.1. CalPERS MEMBERSHIP. The City is a contract member of the California Public Employees' Retirement System. Such membership shall be maintained and employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the City and the California Public Employees' Retirement System heretofore approved by the City Council. The City shall provide employees covered under this agreement with that certain retirement option program commonly referred to as “1959 Survivor Benefit, Fourth Level” based on the schedule of benefits as set forth in the California Public Employees Retirement System (CalPERS) Section 21382.4 of the California Government Code. Each employee will contribute ninety-three cents ($.93) per pay period. The City will contribute a four dollar ($4.00) premium rate. Any future increase in premium rates will be borne by the employee.

Section 18.2. RETIREMENT PLAN. The City’s retirement plan for Tier I is three percent (3%) at @ 50 formula for employees hired prior to July 1, 2006; and Tier II, three percent (3%) at @ 55 formula for employees hired after July 1, 2006 and before January 1, 2013, based upon the “single highest year.”
For Tiers I and II, the affected employees shall pay that portion of the employees’ share of the required retirement contribution to CalPERS, not to exceed 9% of the employee’s base compensation as defined by the Public Employees Retirement Law, Government Code Section 20000, et. seq.

Beginning January 1, 2013, in accordance with AB 340, all new hires/members retirement formula were part of the (2%) @ 57 formula with the a “three year average” for final compensation provision (Tier III), and all new hires/members covered under Tier III will shall pay the employee’s 50% of the total normal costs of CalPERS contribution rate. With the adoption of this MOU, the City of San Marino commits to executing a contract amendment with CalPERS to establish a new PEPRA tier at the 2.7% @ 57 formula. Once the new tier is Formatted: Font: 11.5 pt
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Commented [PE1]: With the changing of this
date, it reads to me like there is a gap
between 2013 and 2022 and it’s a bit ambiguous
as to what happens to people hired in that
gap.

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effective, all current Fire PEPRA employees will be transferred from the 2% @ 57 formula to the 2.7% @ 57 formula and all new Fire PEPRA employees will be enrolled in the new tier.

The City amended its contract with CalPERS on December 14, 2022 to provide Section 7522.25(d) (2.7% @57 Full formula) for all current PEPRA local fire members prospectively and for those new local fire member hired on or after December 14, 2022.

For Tiers I and II, the affected employees shall pay that portion of the employees’ share of the required retirement contribution to CalPERS, not to exceed 9% of the employee’s base compensation as defined by the Public Employees Retirement Law, Government Code Section 20000, et. seq.

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ARTICLE XIX

Section 19.3. BUMPING RIGHTS. The employee laid off shall be entitled to be displaced to a position in a classification in which he/she formerly held a permanent appointment, and in which there is an employee with less seniority in service; and if physically and mentally able to perform duties of the former classification. Any employee so displaced shall be considered as laid off for the same reason as the person who displaced him/her; and shall in the same manner be eligible to displace to a position and classification in which he/she formerly held a permanent position and accrued seniority status. In cases of equal seniority, the aforementioned criteria shall prevail.
e/she formerly held a permanent position and accrued seniority status. In cases of equal seniority, the aforementioned criteria shall prevail.
/she formerly held a permanent position and accrued seniority status. In cases of equal seniority, the aforementioned criteria shall prevail.

Section 19.5. REAPPOINTMENT. The appointing officer shall reinstate the former employee to the highest available position in the layoff reemployment list, if any.

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Section 19.6. RE-EMPLOYMENT PROCEDURE. The names of all permanent and nonpermanent employees who have been laid off due to reduction in force shall be placed on an appropriate layoff reemployment list according to the date of separation and shall be eligible for reemployment. Such reemployment list shall be based on: last employee laid off is the first employee on the list and first to be reemployed, with other employees being eligible in sequential order thereafter. Said list shall exist for one year and shall have preference over all other employment lists.

ARTICLE XX

Section 20.2. EMT-1 LICENSE. All covered employees who are not licensed and accredited as a Paramedic shall maintain an Emergency Medical Technician-1 (EMT-1) certificate valid in Los Angeles County, to include attending all required training and continued education.

ARTICLE XXI

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ARTICLE XXII

EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, earthquake, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Memorandum of Understanding will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of provisions in the benefits suspended by virtue of the emergency shall be restored as soon as practicable at the conclusion of the emergency.

ARTICLE XXIII

REOPENERS DURING THE MOU
During the term of this MOU, the parties agree to reopen the MOU on the following subjects:

1. Revision of current Personnel Rules.

2.Revision of current Performance Evaluation Form(s) and Process.

3. Updates to current Classification Specifications.

Any changes to the above subjects shall require either mutual agreement or exhaustion of the impasse process (including fact finding).

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ARTICLE XXIV

ARTICLE XXV

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The term of this Memorandum of Understanding shall commence on July 1, 2024 and upon ratification by the San Marino Firefighters Association ratification and adoption by the City Council; shall be applied retroactively to July 1, 2019; and, shall continue in full force and effect until June 30, 20272.

CITY OF SAN MARINO FIREFIGHTERS’ ASSOCIATION
By __________________________ By _________________________

By _________________________ By _________________________

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MEMORANDUM OF UNDERSTANDING 20242-20274
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EXHIBIT “A”

Monthly Rates Effective: 7/1/20242
Step
A
Step
B Step C Step D Step E
Firefigh
ter
$7,61
18,23
2 $7,9
918,
643 $8,391 $8,811 $9,251
Firefigh
ter/Para
medic
$8,37
3 9,056
$8,7
919,
508 $9,231 $9,693 $10,177
Engine
er
$8,45
19,14
0 $8,8
739,
597 $9,317 $9,783 $10,272
Captain
$9,37
310,1
39 $9,8
4210
,646 $10,334 $10,851 $11,393
Monthly Rates Effective: 7/1/20253
Step
A Step B
S
t
e
p
C
S
t
e
p
D
S
t
e
p
E
Firefigh
ter
$7,91
5 $8,311
$
8 $9,163
$9
,6
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,
7 2
7 21
Firefigh
ter/Para
medic
$8,70
8 $9,143
$
9 ,
6 0
0 $10,080
$1
0,
58 1
Engine
er
$8,78
9 $9,228
$
9 ,
6 9
0 $10,174
$1
0,
68 3
Captain
$9,74
8 $10,236
$
1 0
,
7 4
7 $11,285
$1
1,
84 9
Monthly Rates Effective July 1, 2024
Classification Step A Step B Step C Step D Step E
Fire Captain $10,139 $10,646 $11,178 $11,737 $12,324
Fire Engineer $9,140 $9,597 $10,077 $10,581 $11,110
Firefighter/Paramedic $9,056 $9,508 $9,984 $10,483 $11,007 Firefighter $8,232 $8,643 $9,075 $9,529 $10,006
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Monthly Rates Effective July 1, 2025
Classification Step A Step B Step C Step D Step E
Fire Captain $10,545 $11,072 $11,626 $12,207 $12,817
Fire Engineer $9,506 $9,981 $10,480 $11,004 $11,555
Firefighter/Paramedic $9,418 $9,889 $10,383 $10,902 $11,447 Firefighter $8,561 $8,989 $9,438 $9,910 $10,406
Monthly Rates Effective July 1, 2026
Classification Step A Step B Step C Step D Step E
Fire Captain $10,967 $11,515 $12,091 $12,695 $13,330
Fire Engineer $9,886 $10,381 $10,900 $11,445 $12,017
Firefighter/Paramedic $9,795 $10,284 $10,799 $11,338 $11,905 Firefighter $8,903 $9,349 $9,816 $10,307 $10,822
Notes
Monthly rates are rounded to the nearest dollar.

Merit increases are based on the following table for all employees:

Step A - for first six (6) months of employment.

Step B (*) - eligible after six (6) months of employment.

Step C (**) - eligible after eighteen (18) months of
employment.

Step D (**) - eligible after thirty (30) months of employment.

Step E (**) - eligible after forty-two (42) months of
employment.
(*) Based on initial six (6) months of probation.
(**) Based on merit recommended by Fire Chief and subject to the approval of the City Manager.

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PAGE 207 of 885

CITY OF SAN MARINO
AND

SAN MARINO POLICE OFFICERS'

ASSOCIATION

MEMORANDUM OF UNDERSTANDING
JULY 1, 2024 THROUGH JUNE 30, 2027
PAGE 208 of 885
PAGE 209 of 885
i

TABLE OF CONTENTS

SECTION HEADING PAGE
ARTICLE 01 RECOGNITION OF THE ORGANIZATION...................................................................... 1 Section 01.01 RECOGNITION................................................................................................................ 1 Section 01.01 MAJORITY REPRESENTATION ..................................................................................... 1 ARTICLE 02 NON-DISCRIMINATION .................................................................................................. 1 Section 02.01 EMPLOYEE RIGHTS....................................................................................................... 1 Section 02.02 NO DISCRIMINATION ..................................................................................................... 1 ARTICLE 03 CITY RIGHTS .................................................................................................................. 1 Section 03.01 RESERVED RIGHTS....................................................................................................... 1 Section 03.02 IMPACT OF CITY RIGHTS.............................................................................................. 3 ARTICLE 04 ORGANIZATION RIGHTS ............................................................................................... 3 Section 04.01 DUES DEDUCTIONS....................................................................................................... 3 Section 04.02 INDEMNIFICATION ......................................................................................................... 3 ARTICLE 05 NO STRIKE- NO LOCKOUT PLEDGE............................................................................. 4 Section 05.01 ASSOCIATION PROHIBITED CONDUCT ....................................................................... 4 Section 05.02 NO LOCKOUT ................................................................................................................. 4 Section 05.03 ASSOCIATION RESPONSIBILITY................................................................................... 4 ARTICLE 06 PROBATION.................................................................................................................... 4 Section 06.01 PROBATION PERIOD ..................................................................................................... 4 Section 06.02 PERMANENT STATUS.................................................................................................... 5 ARTICLE 07 GRIEVANCES ................................................................................................................. 5 Section 07.01 PURPOSE OF GRIEVANCE PROCEDURE .................................................................... 5 Section 07.02 DEFINITION..................................................................................................................... 5 Section 07.03 GUIDELINES ................................................................................................................... 5 Section 07.04 TIME LIMITS.................................................................................................................... 6 Section 07.05 NO CHANGES................................................................................................................. 6 Section 07.06 ARBITRATION (ADVISORY) ........................................................................................... 6 PAGE 210 of 885
ii
ARTICLE 08 WAGE AND SALARY POLICY......................................................................................... 7 Section 08.01 BASIC COMPENSATION PLAN ...................................................................................... 7 Section 08.02 SALARY AND WAGE SCHEDULES................................................................................ 7 Section 08.03 ADMINISTRATION OF BASIC COMPENSATION PLAN ................................................. 7 Section 08.04 BEGINNING RATES........................................................................................................ 8 Section 08.05 SIGNING/RECRUITING/RETENTION BONUS................................................................ 8 Section 08.06 SERVICE ......................................................................................................................... 8 Section 08.07 ADVANCEMENT WITHIN SCHEDULE............................................................................ 8 Section 08.07(A) SERVICE ADVANCEMENT......................................................................................... 8 Section 08.07(B) MERIT ADVANCEMENT ............................................................................................. 9 Section 08.07(C) SPECIAL MERIT ADVANCEMENT ............................................................................. 9 Section 08.07(D) LENGTH OF SERVICE REQUIRED WHEN ADVANCEMENT IS DENIED.................. 9 Section 08.08 REDUCTION IN SALARY STEPS.................................................................................... 9 Section 08.09 COMPENSATION INCREASES FOR PROMOTIONS ..................................................... 9 Section 08.10 COMPENSATION ON DEMOTION................................................................................ 10 ARTICLE 09 OTHER WAGE AND HOURLY BENEFITS .................................................................... 10 Section 09.01 OUT OF CLASS............................................................................................................. 10 Section 09.02 PATROL WORK SCHEDULES...................................................................................... 10 Section 09.03 OVERTIME (COMPENSATORY TIME) ......................................................................... 10 Section 09.03(A) WORK PERIOD......................................................................................................... 10 Section 09.03(B) OVERTIME CALCULATION ...................................................................................... 10 Section 09.03(C) OVERTIME AUTHORIZATION .................................................................................. 11 Section 09.03(D) COMPENSATORY TIME........................................................................................... 11 Section 09.04 USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED..................................... 12 Section 09.05 SHIFT TRADES ............................................................................................................. 12 Section 09.06 SHIFT ROTATIONS....................................................................................................... 13 Section 09.07 CALL BACK COMPENSATION...................................................................................... 13 Section 09.08 COURT TIME................................................................................................................. 13 Section 09.08(A) ATTENDING COURT ON A WORKDAY.................................................................... 13 Section 09.08(B) ATTENDING COURT ON A DAY OFF...................................................................... 13 Section 09.08(C) OTHER COURT TIME............................................................................................... 14 Section 09.09 SPECIALY ASSIGNMENTS AND SPECIALTY PAY...................................................... 14 Section 09.09(A) FIELD TRAINING OFFICER...................................................................................... 14 Section 09.09(B) DETECTIVE .............................................................................................................. 14 Section 09.09(C) MOTOR OFFICER..................................................................................................... 15 Section 09.09(D) FIREARMS INSTRUCTOR........................................................................................ 15 Section 09.09(E) DEFENSIVE TACTICS INSTRUCTOR ...................................................................... 15 Section 09.09(F) ADMINISTRATIVE SERGEANT ................................................................................ 15 Section 09.10 BILINGUAL PAY ............................................................................................................ 15 Section 09.11 OTHER ASSIGNMENTS AND SPECIALTY PAY PRACTICE........................................ 16 Section 09.11(A) OUTSIDE ASSIGNEMENTS...................................................................................... 16 Section 09.11(B) RANGE QUALIFICATION.......................................................................................... 16 Section 09.11(C) STAFF MEETINGS.................................................................................................... 16 Section 09.11(D) COMPUTING OVERTIME ......................................................................................... 16 PAGE 211 of 885
iii
ARTICLE 10 EDUCATION WAGE BENEFIT AND CAREER DEVELOPMENT PROGRAM ............... 16 Section 10.01 EDUCATIONAL INCENTIVE.......................................................................................... 16 Section 10.02 LEGACY EDUCATION INCENTIVE PROGRAM............................................................ 17 Section 10.03 P.O.S.T. CERTIFICATE PAY......................................................................................... 18 Section 10.04 LONGEVITY PAY .......................................................................................................... 18 Section 10.05 TUITION REIMBURSEMENT PLAN .............................................................................. 19 Section 10.06 LIMITATIONS ON TUITION REIMBURSEMENT ........................................................... 20 Section 10.07 ALLOCATION OF FUNDS ............................................................................................. 20 ARTICLE 11 TRAVEL ALLOWANCE.................................................................................................. 21 Section 11.01 AUTOMOBILE ALLOWANCE ........................................................................................ 21 Section 11.02 REIMBURESEMENT PROCEDURE.............................................................................. 22 ARTICLE 12 UNIFORM ALLOWANCE............................................................................................... 22 Section 12.01 UNIFORM MAINTENANCE............................................................................................ 22 Section 12.02 BALLISTIC BODY ARMOR............................................................................................ 22 ARTICLE 13 VACATION BENEFIT..................................................................................................... 23 Section 13.01 INCREMENTS OF ACCRUAL AND USE....................................................................... 23 Section 13.01(A) ACCRUAL INCREMENTS ......................................................................................... 23 Section 13.01(B) VACATION ACCRUAL .............................................................................................. 23 Section 13.01(C) MAXIMUM VACATION ACCRUAL ............................................................................ 24 Section 13.02 USE OF VACATION ...................................................................................................... 24 Section 13.03 VACATION PAYMENT AT TERMINATION.................................................................... 25 Section 13.04 ELIGIBILITY................................................................................................................... 25 ARTICLE 14 HOLIDAY BENEFIT ....................................................................................................... 26 Section 14.01 HOLIDAY DATES .......................................................................................................... 26 Section 14.02 HOLIDAYS WORKED.................................................................................................... 26 Section 14.03 ELIGIBILITY................................................................................................................... 26 Section 14.04 HOLIDAYS ON VACATION DAY ................................................................................... 26 Section 14.05 FLOATING HOLIDAY..................................................................................................... 26 ARTICLE 15 LEAVES OF ABSENCE ................................................................................................. 27 Section 15.01 AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY .................................................. 27 Section 15.02 EXTENDED LEAVE OF ABSENCE ............................................................................... 27 Section 15.03 MILITARY LEAVE OF ABSENCE .................................................................................. 27 Section 15.04 SICK LEAVE.................................................................................................................. 28 Section 15.05 BEREAVEMENT LEAVE................................................................................................ 29 Section 15.06 JURY DUTY................................................................................................................... 29 ARTICLE 16 INSURANCE AND RELATED BENEFITS...................................................................... 30 Section 16.01 FLEXIBLE MEDICAL BENIFITS..................................................................................... 30 PAGE 212 of 885
iv
Section 16.02 OTHER HEALTH BENEFITS ......................................................................................... 30 Section 16.03 EMPLOYEE PARTICIPATION ....................................................................................... 30 Section 16.04 CITY CONTRIBUTION................................................................................................... 30 Section 16.05 LEGACY CASH-OUT PROGRAM.................................................................................. 31 Section 16.06 FLORES DECISION ...................................................................................................... 31 Section 16.07 RETIREE PARTICIPATION ........................................................................................... 32 Section 16.08 LONG-TERM DISABILITY INSURANCE........................................................................ 32 Section 16.09 FLEXIBLE REIMBURSEMENT ...................................................................................... 33 Section 16.10 LIFE INSURANCE ......................................................................................................... 33 ARTICLE 17 RETIREMENT PROMOTIONS....................................................................................... 33 Section 17.01 PROMOTION ON RETIREMENT................................................................................... 33 ARTICLE 18 RETIREMENT BENEFIT................................................................................................ 33 Section 18.01 P.E.R.S MEMBERSHIP ................................................................................................. 33 Section 18.02 RETIREMENT PLAN ..................................................................................................... 34 Section 18.03 DEFERRED COMPENSATION (457) – PEPRA MEMBERS.......................................... 34 ARTICLE 19 LAYOFF PROCEDURE ................................................................................................. 34 Section 19.01 NEED FOR LAYOFF...................................................................................................... 34 Section 19.02 ORDER OF SEPERATION ............................................................................................ 35 Section 19.03 BUMPING RIGHTS........................................................................................................ 35 Section 19.04 WRITTEN NOTICE OF LAYOFF REEMPLOYMENT RIGHTS....................................... 35 Section 19.05 REAPPOINTMENT ........................................................................................................ 35 Section 19.06 REEMPLOYMENT PROCEDURE.................................................................................. 35 ARTICLE 20 SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING...................................... 35 ARTICLE 21 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT.................... 36 ARTICLE 22 EMERGENCY WAIVER PROVISION ............................................................................ 36 ARTICLE 23 AMERICANS WITH DISABILITIES ACT ........................................................................ 36 ARTICLE 24 REOPENERS DURING THE MOU ................................................................................ 37 ARTICLE 25 SEPARABILITY PROVISION......................................................................................... 37 ARTICLE 26 TERM OF MEMORANDUM OF UNDERSTANDING...................................................... 38 ARTICLE 27 RATIFICATION AND EXECUTION ................................................................................ 38 EXHIBIT “A’ WAGE SCHEDULE........................................................................................................ 39 PAGE 213 of 885
1 ARTICLE 01

RECOGNITION OF THE ORGANIZATION
Section 01.01. RECOGNITION. The City of San Marino (hereinafter called the "City") has recognized the San Marino Police Officers' Association (hereinafter called the "Association") as the majority representative of employees in the classifications of Police Officer, Police Corporal, and Police Sergeant (affected employees).

Section 01.02. MAJORITY REPRESENTATION. The City shall recognize the Association as the majority representative of all employees in these classifications for the purpose of meeting its obligations under this Agreement, the Meyers-Milias-Brown Act, Government Code 3500 et seq., when the City rules, regulations, or laws affecting wages, hours, and other terms and conditions of employment are appropriately amended or changed.

ARTICLE 02

Section 02.02. NO DISCRIMINATION. The City and the Association agree that they shall not discriminate against any employee because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), age, national origin, disability, political or religious opinions or affiliations, marital status, or genetic information. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti-discrimination laws.

ARTICLE 03

CITY RIGHTS
Section 03.01. RESERVED RIGHTS. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such PAGE 214 of 885
2 rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights:
(A) To manage the City generally and to determine the issues of policy; (B) To determine the existence or nonexistence of facts which are the basis of the Management decision;
(C) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
(D) To determine the nature, manner, means, technology and extent of services to be provided to the public;
(E) To establish methods of financing;
(F) To establish types of equipment or technology to be used; (G) To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted; (H) To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right to contract or subcontract for any work or operation of the City;
(I) To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;
(J) To relieve employees from duties for lack of work or similar non-disciplinary reasons;
(K) To establish and modify productivity and performance programs and standards for City operations;
(L) To discharge, suspend, demote, or otherwise discipline employees for proper cause; (M) To determine job classifications and to reclassify employees; (N) To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and the City's rules and regulations;
(O) To determine policies, procedures, and standards for selection, training, and promotion of employees;
PAGE 215 of 885
3 (P) To establish employee performance standards, including but not limited to quality and quantity standards; and to require compliance therewith; (Q) To maintain order and efficiency in its facilities and operations; (R) To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement; (S) To take any and all necessary action to carry out the mission of the City in emergencies;
(T) To determine the mission of its constituent departments, boards, and commissions;
(U) To establish the need and use of personnel information for employees and the means by which that information is to be provided. Employees retain their rights to privacy as provided by law.

Section 03.02. IMPACT OF CITY RIGHTS. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management’s rights shall impact upon employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding.

ARTICLE 04

ORGANIZATION RIGHTS
Section 04.01. DUES DEDUCTIONS. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose, which is mutually agreed to by the Association and the City. The City shall remit such funds to the Association within five (5) working days of the date of the payroll.

Section 04.02. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the dues deductions or transmittal of such funds to the Association, except the intentional or negligent failure of the City to transmit to the Association, monies deducted from employees pursuant to this Article.

PAGE 216 of 885
4 ARTICLE 05

NO STRIKE - NO LOCKOUT PLEDGE
Section 05.01. ASSOCIATION PROHIBITED CONDUCT. The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, or any other concerted job action, by withholding or refusing to perform services. Compliance with the request of other labor organizations to engage in such activities is included in this prohibition.

Section 05.02. NO LOCKOUT. The City agrees that it shall not lockout its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this Agreement or applicable ordinance or law.

Section 05.03. ASSOCIATION RESPONSIBILITY. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section

05.01 above, the Association shall immediately instruct any persons engaging in such conduct thattheir conduct is in violation of this Memorandum of Understanding, and request that all such persons immediately cease engaging in conduct prohibited in Section 05.01 above, and return to work.

ARTICLE 06

PROBATION
Section 06.01. PROBATION PERIOD. An employee initially appointed to a class shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. For all Association members, the initial probationary period shall be eighteen (18) months beginning the effective date of the class of employment for which the employee has been hired. An employee who has been promoted to a higher classification within the Association shall be on probation for six (6) months. Under certain conditions, if necessary to adequately evaluate such employee, with the approval of the City Manager and the Police Chief, the probationary period may be shortened or extended.

Lateral transfer officers hired by the department will be subject to a 12-month probationary period under the following circumstances:
(a) The hired officer must possess a Basic POST certificate or higher. (b) The hired officer must have at least three (3) years police experience acting as a fulltime paid police officer with an agency in the State of California as defined by California Penal Code Section 830.1.
(c) The hired officer must demonstrate suitability for the job.

PAGE 217 of 885
5 (d) The hired officer must have recent service with a State, County, or Municipal agency within three (3) years or less at the time of appointment. (e) The Chief of Police and/or City Manager shall have the discretion to shorten or extend the probationary period if deemed appropriate.

Section 06.02. PERMANENT STATUS. The employee shall attain permanent status in the class upon successful completion of the probationary period.

ARTICLE 07

GRIEVANCES
Section 07.01. PURPOSE OF GRIEVANCE PROCEDURE. This grievance procedure establishes a means by which an employee grievance may be considered, discussed, and resolved in a timely manner and at the closest possible level to the point of origin.

Section 07.02. DEFINITION. A “grievance” shall be defined as a controversy between the City and the Association or an employee or employees covered by this Agreement. Such controversy must pertain to the following:
(A) Any matter involving the interpretation of any provision of this Agreement, City Rules and Regulations, Salary Resolution or other written documents covering wages, hours, and other terms and conditions of employment;
(B) Any matter involving the violations of any provisions or intent of this Agreement, City Rules and Regulations, Salary Resolutions or other written documents covering wages, hours, and other terms and conditions of employment.

Section 07.03. GUIDELINES.
(A) The grievant is entitled to representation of his/her choice. (B) Employees are assured freedom from reprisal for using the grievance procedure. An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, shall not in any way be coerced, intimidated, or discriminated against.
(C) The grieving employee and/or his/her representative may use a reasonable amount of work time in conferring and presenting the grievance and appeal. However, no employee shall be absent from the assigned work place without first obtaining approval from his/her supervisor.
(D) There shall be an earnest effort on the part of both parties to settle the grievance promptly through the steps listed below:

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6 Step 1. An employee's grievance must be submitted to his/her first line supervisor or management representative immediately in charge of the aggrieved employee within fifteen (15) calendar days after the event giving rise to the grievance or reasonable knowledge of the event giving rise to the grievance.

The supervisor or management representative shall give his/her answer to the employee by the end of the fifth (5th) calendar day following the presentation of the grievance, and the giving of such answer will terminate Step 1.

Such meeting will take place within ten (10) calendar days from the date the grievance is received by the Police Chief. The Police Chief may invite other members of management to be present at such meeting. The Police Chief shall give a written reply by the end of the tenth (10th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2.

Step 3. If the grievance is not settled in Step 2, the employee shall reduce his/her grievance to writing and submit it to the City Manager within ten (10) calendar days after the termination of Step 2. The City Manager shall arrange a meeting to be held at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date the grievance is referred to Step 3. A written decision shall be rendered within ten (10) days from the date of such meeting.

Section 07.04. TIME LIMITS. The limits set forth above may be extended by mutual agreement between the parties, but neither party shall be required to so agree.

Section 07.05. NO CHANGES. It is not intended that the grievance procedure shall be used to effect changes in the established salary and fringe benefits.

Section 07.06. ARBITRATION (ADVISORY). Grievances which are not settled pursuant to the grievance procedure above and which the employee desires to contest further, shall be submitted to arbitration as provided below:
(A) As soon as possible and in any event not later than ten (10) calendar days after the City Manager has received written notice from the employee of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said ten (10) calendar days, an arbitrator shall be selected from a list of five (5) arbitrators submitted by the State Conciliation Service or Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot.

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7 (B) Either the City or the employee may call any employee as a witness, and the employer agrees to release said witness from work if he/she is on duty. (C) The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to the arbitrator by the respective parties in the presence of each other.
(D) The decision of the arbitrator within the limits herein prescribed shall be advisory to the City Council.
(E) The arbitrator may hear and determine only one grievance at a time without the expressed agreement of the City and theAssociation.
(F) The cost of the arbitration shall be shared equally between the City and the Association.
(G) If the City Council fails to act after two (2) regular meetings, the arbitration will be final and binding.

ARTICLE 08

WAGE AND SALARY POLICY
Section 08.01. BASIC COMPENSATION PLAN. There is hereby established a basic compensation plan for all members of the Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this Agreement.

Section 08.02. SALARY AND WAGE SCHEDULES. Salaries for employees subject to this Agreement are those listed in Exhibit A, which represents the City’s Salary Schedule for Association members.

The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of five (5) steps or rates of pay.

The respective steps shall be identified by the letters "A" to "E" inclusive.

Section 08.03. ADMINISTRATION OF BASIC COMPENSATION PLAN.

Effective July 1, 2024, all classifications shall receive a base salary increase of four percent (4%).

The above equity increases do not compound with the base salary increases.

Effective July 1, 2025 and July 1, 2026, all classifications shall receive a base salary PAGE 220 of 885
8 increase of four percent (4%).

For all full-time employees who have a regular weekly work schedule, the hourly rate of pay shall be the monthly rate multiplied by twelve (12) and divided by 2080.

In determining the hourly rate as herein provided, compensation shall be made to the nearest cent.

Section 08.04. BEGINNING RATES. A new employee of the City of San Marino shall be paid the rate shown in Step "A", allocated to the class of employment for which the employee has been hired, except that on the request of the Police Chief and the authorization of the City Manager, or City Council as required by City Code, such employee may be placed in Step "B", "C", "D", or "E", depending upon the employee's qualifications.

Section 08.05. SIGNING/RECRUITING/RETENTION BONUS. A Police Officer shall receive the following amounts as a Signing/Recruiting/Retention Bonus:
- First Day of Employment: Twenty-five hundred dollars ($2,500.00) - Eighteen (18) Months of Employment: Twenty-five hundred dollars ($2,500.00) - Forty-Two (42) Months of Employment: Twenty-five hundred dollars ($2,500.00) Current employees who have/did not receive the First Day of Employment bonus, may be eligible for the Eighteen (18) Months of Employment and/or Forty-Two (42) Months of Employment bonus if these respective anniversary dates occur during the term of this MOU.

Section 08.06. SERVICE. The word "service," as used in this Memorandum of Understanding shall be defined to mean continuous, full-time service in the employee's present classification, service in a higher classification, or service in a classification allocated to the same salary and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employees for the purpose of this Agreement unless waived by the Police Chief and approved by the City Manager. Such employees reentering the service of the City shall be considered as a new employee, except that the employee may be reemployed within one (1) year and placed in the same salary step in the appropriate compensation rate as the employee was at the time of the termination of employment, at the discretion of the Police Chief and approved by the City Manager.

Section 08.07. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancement:
(A) Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "A" to Step "B" effective the first day of the next pay period following the date of successful completion of six (6) months of continuous full-time employment.

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9 (B) Merit Advancement. An employee may be considered for advancement from one step to the next highest step upon completion of one year. The effective date of such merit increase, if granted, shall be the first day of the next pay period following approval by the City Manager or his/her designee. Advancement to any step shall be granted only for continuous, meritorious, and efficient service by the employee in the effective performance of his/her position. To be effective, a merit advancement requires that the Police Chief shall file with the City Manager or his/her designee a statement recommending the grant or denial of the merit increase and supporting such recommendation with specific reasons therefor.

The personnel evaluation may be used in providing said reasons. (C) Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of the employee's duties, the Police Chief may recommend to the City Manager that said employee be advanced to a higher step without regard to the minimum length of service provisions contained in this Memorandum of Understanding. The City Manager may, on the basis of the Police Chiefs recommendation, approve or deny such an advancement.
(D) Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to the higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in the above paragraph of this Section.

Section 08.08. REDUCTION OF SALARY STEPS. For disciplinary reasons, any employee who is being paid on a salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the Police Chief with the approval of the City Manager or his/her designee. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 08.06, and such employee may be considered for re-advancement under the provisions as contained in subsection (C) of Section 08.06.

Section 08.09. COMPENSATION INCREASES FOR PROMOTIONS. Any full-time employee promoted to a higher classification shall receive an increase in compensation, which is at least five percent (5%) higher than the employee's last salary. The date of- promotion shall then be considered the new anniversary date for purposes of eligibility for further compensation increases, except that no merit increase shall be given until after six (6) months in the higher classification regardless of the requirement for a probationary period.

Any part-time employee promoted to a full-time position within the classified service shall receive compensation at the minimum step for the classification. The schedule for eligibility for increases as stated in Section 08.06 of this Article shall apply for such employees.

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10 Section 08.10. COMPENSATION ON DEMOTION. When an employee is demoted, the employee shall retain the same step as he/she held in the previous salary. Increases in compensation shall thenceforth be in accordance with the schedule set forth in Section 08.06 of this Article as if the employee was originally employed in the new classification.

ARTICLE 09

OTHER WAGE AND HOURLY BENEFITS
Section 09.01. OUT OF CLASS. When an affected employee, other than a Watch Commander, is required to work as a Watch Commander to fill a temporary vacancy, such employee shall be compensated for such period, including his/her educational incentive, hour for hour, at 10% above police officer, Step "E".

Whenever the needs of the City requires a Corporal to temporarily perform the duties of a higher classification of which the employee currently holds, the employee shall be compensated for the acting role after serving two (2) consecutive weeks in the higher classification. An employee is not entitled to compensation for the first two (2) weeks. The additional compensation for acting pay is equivalent to Step “C” of the Salary Schedule of the Police Sergeant classification.

Section 09.02. PATROL WORK SCHEDULE. Officers assigned to patrol work three (3)

12.33 hour (12 hours, 20 minute) shifts each week and every fourth week they work an additional twelve (12) hour shift. As a result, they work alternating two (2) week pay periods of seventy-four (74) and eight-six (86) hours. This shift schedule is commonly referred to as a “3/12.” Police management and the Association representatives shall meet as needed to review and make adjustments to ensure efficient and effective patrol operations. Final approval of all adjustments to the 3-12 work schedule rests with the Chief of Police. Officers with specialty positions shall be assigned work schedules as directed by the Chief of Police or his/her designee.

Section 09.03. OVERTIME
(A) Work Period
The City has exercised its ability to take a statutory “7K” exemption for sworn police personnel. The work period for such employees shall be fourteen (14) days in length. (B) Overtime Calculation
All employees required to perform work in excess of one hundred seventy-one hours (171) hours in a twenty-eight (28) day cycle shall receive compensation at the rate of time and one-half his/her Fair Labor Standards Act (“FLSA”) regular rate of pay for work through July 13, 2024.

Effective the first full pay period after July 1, 2024, all employees required to perform work in excess of eighty-six (86) hours in a fourteen (14) day cycle shall receive compensation at the rate of time and one-half his/her Fair Labor Standards Act (“FLSA”) regular rate of pay.

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11 In determining an employee’s eligibility for overtime compensation in a work period, paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked. Paid leave of absences include, but are not limited to, the following:
(1) Vacation
(2) Holiday Leave
(3) Sick Leave
(4) Administrative Leave
(5) Workers’ Compensation Leave
(6) 4850 Time
(7) Jury Duty
(8) Bereavement Leave
(9) Military Leave
(10) Compensatory Time Off
(11) Floating Holiday
(C) Overtime Authorization
All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable.

Dispatched calls beyond the end of duty time are considered as authorized.

An employee’s failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, may result in disciplinary action. (D) Compensatory Time
In lieu of receiving cash payment for hours worked in excess of eighty-six (86) hours during the fourteen (14) day work period, an employee may elect the option of taking compensatory time off. Compensatory time shall be earned at the time and one-half rate for each hour worked.

No employee shall accrue more than three hundred (300) hours of such compensatory time. Should any employee exceed three hundred (300) hours of accrued compensatory time, he/she shall receive compensation at the rate of time and one-half his/her Fair Labor Standards Act (“FLSA”) regular rate of pay.

Compensatory time earned after July 1, 2024 shall be paid out quarterly in January, April, July, and October of each year at the rate in effect the last full pay period prior to the quarter that is scheduled to be paid out in which the compensatory time was accrued. Upon request, an employee may carry-over up to forty (40) hours compensatory time from one quarter to the next. In order to exercise this option, employees must notify the Finance Department in writing of the number of hours he/she wishes to carry-over by March 15th, June 15th, September 15th, and December 15th of each year.

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12 Compensatory time earned prior to July 1, 2024 shall be paid out at the rate of time and one-half his/her Fair Labor Standards Act (“FLSA”) regular rate of pay in effect the last full pay period out of the Fiscal Year ending June 30, 2024 and will be paid out in July 2024.

Upon termination of employment, an employee shall be paid for unused compensatory time earned, at a rate of compensation not less than— (1) The average Fair Labor Standards Act (“FLSA”) regular rate of pay received by such employee, whichever is higher,.received by such employee during the last 3 years of the employee's employment; or
(2) The final Fair Labor Standards Act (“FLSA”) regular rate of pay received by such employee, whichever is higher.

Section 09.04. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.

Accumulated compensatory time off may be taken by an employee upon five (5) days written notice and prior approval of the Police Chief or his/her designee.

The affected Watch Commander may permit an employee to use accumulated compensatory time off to be relieved from the workday, provided it will not cause the shift to be understaffed.

Accumulated compensatory time off shall be taken off by an employee when directed by the Police Chief; provided, however, that the Police Chief shall give five (5) days’ prior notice to the date accumulated compensatory time off is to be taken. Compensatory time off upon direction of the Police Chief shall not be less than eight (8) hours.

In directing an employee totake accumulated compensatory time off, the Police Chief will, as much as practicable, attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the Police Department.

Section 09.05. SHIFT TRADES The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade.

Any premium pay or other extra compensation will be waived for both individuals during the period they work for the other. Any hours worked beyond the normal workday will be credited to the individual actually doing the work.
“Paybacks” of shift trades are the obligation of the two employees involved in the trade and must be approved by the Operations Bureau Commander. Paybacks are to be completed within six (6) months of the date of the initial shift trade. Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.

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13 A record of all initial shift trades and “paybacks” shall be maintained by the involved employees on forms provided by the department (“Shift Trade Log”).

If one individual fails to appear for the other (regardless of the reason), the person who was originally scheduled will be listed as absent without leave and may be subject to disciplinary action.

Section 09.06. SHIFT ROTATION Employees are assigned to a set shift for a period of no less than four (4) months. After two (2) rotations on the same shift, days vs. nights, employees are required to move to the opposite shift. Shift selection will be based on seniority. An employee can swap their newly-assigned shift with another employee as long as each employee agrees with the swap in writing. An employee assigned to a night shift shall receive compensation in the amount of one hundred dollars ($100.00) per month or fifty-eight cents ($0.58) per hour in addition to his/her base salary while serving in this specialty assignment.

Section 09.07. CALL BACK COMPENSATION. Affected employees called back for work shall be paid a minimum of four (4) hours compensation at time and one-half. An affected employee shall be deemed to have been called back if the employee has been released by the Watch Commander as having completed the employee’s assigned duties at the end of his/her shift end and is called back to authorized duty.

Section 09.08. COURT TIME. Whenever an affected employee is called upon to attend court regarding a matter arising from his/her employment relationship with the City, such employee shall be paid as follows:
(A) ATTENDING COURT ON AWORKDAY
(1) A minimum of three (3) hours compensation at time and one-half for all court appearances scheduled at 8:30 am which fall on a regularly scheduled workday but do not occur during the officer's regular work hours. (2) A minimum of four (4) hours compensation at time and one-half for all court appearances scheduled at 10:00 am which fall on a regularly scheduled workday but do not occur during the officer's regular work hours. (3) A minimum of four (4) hours at time and one-half, for all court appearances scheduled at 1:30 pm which fall on a regularly scheduled workday but do not occur during the officer's regular work hours.
(4) No additional compensation shall be paid for court appearances which occur during the officer's regular work hours.
(B) ATTENDING COURT ON A DAY OFF
(1) A minimum of four (4) hours compensation at time and one-half for all court appearances, regardless of the time listed on the subpoena, which fall on the officer's normally scheduled day off.

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14 (C) OTHER COURT TIME
(1) An officer served with an "on call" subpoena or ordered "on call" by the court shall be paid at the officer's standard rate, hour for hour. The employee will call the designated representative of the Police Department before the time indicated on the "on call" subpoena or department "on call" order. For morning court subpoenas, if the officer does not receive a notification, he/she is off call at noon.
(2) If an officer receives two (2) separate subpoenas to court for a morning and an afternoon appearance on the same day, the officer shall receive four (4) hours of compensation at time and a one-half for the morning court appearance and four (4) hours of compensation at time and one-half for the afternoon appearance. (3) An officer served with a"telephonic" subpoena (ex. DMV hearings) shall be paid at time and one-half a minimum of one (1) hour compensation for all hours worked (on the phone) which fall on the officer's normally scheduled day off. A minimum of two (2) hours shall be paid at time and one-half for all hours worked (on the phone) which fall on the officer's regularly scheduled workday but do not occur during the officer's regular work hours.
(4) When an Officer working the graveyard shift is required to report to court after working his/her shift, the Officer shall notify the on-duty Watch Commander who, under the direction of the Patrol Lieutenant or Commander, will work with the individual to develop an appropriate schedule (reporting time for back to work following court).

Section 09.09. SPECIALTY ASSIGNMENTS AND SPECIAL PAY. The specialty assignments represented within this section are at-will assignments and are initiated and concluded at the sole discretion of the Police Chief. To satisfy the provisions of the Public Safety Officer's Procedural Bill of Rights Section 3301 (b), an employee who is removed and/or reassigned from a specialty assignment may appeal this decision in writing and/or verbally to the City Manager within ten (10) days of notice of removal and/or reassignment.

The appeal to the City Manager is not an evidentiary hearing; it is an opportunity for the employee to present reasons why he/she should not be re-assigned. The City Manager's determination will be final. Removal and/or reassignment from a specialty assignment is not grounds for a grievance pursuant to Article 7 of this MOU and/or appeal of discipline pursuant to City Personnel Rules Chapter I-14: Disciplinary Action and Effect, and Chapter I-15: Appeal and Hearing Procedure.
(A) Field Training Officer. An employee assigned as a Field Training Officer shall receive compensation in the amount of three hundred seventy-five dollars ($375.00) per month or two dollars and sixteen cents ($2.16) per hour in addition to his/her base salary during the time periods he/she is actively assigned to provide training. At no point can there be more than six (6) officers assigned to Field Training at one time. (B) Detective. An employee assigned as a Detective shall receive compensation in the PAGE 227 of 885
15 amount of three hundred seventy-five dollars ($375.00) per month or two dollars and sixteen cents ($2.16) per hour in addition to his/her base salary while serving in this specialty assignment. At no point can there be more than three (3) Officers and one (1) Sergeant serving in this specialty assignment of Detective. (C) Motor Officer. An employee assigned as a Motor Officer shall receive compensation in the amount of three hundred seventy-five dollars ($375.00) per month or two dollars and sixteen cents ($2.16) per hour in addition to his/her base salary while serving in this specialty assignment. This additional compensation is intended to compensate the Motor Officer for performance of the specialized duties of the assignment as well as off-duty Motor Officer activities including off-duty hours spent cleaning and maintaining the motorcycle. At no point can there be more than two (2) officers serving in this specialty assignment of Motor Officer.
(D) Firearms Instructor. An employee assigned as a Firearms Instructor shall receive compensation in the amount of one hundred fifty dollars ($150.00) per month eightseven cents ($0.87) per hour in addition to his/her base salary while serving in this specialty assignment. Employees can only earn Firearms Instructor or Defensive Tactics Instructor specialty pay, not both. At no point can there be more than four (4) officers serving in this specialty assignment of Firearms Instructor. (E) Defensive Tactics Instructor. An employee assigned as a Defensive Tactics Instructor shall receive compensation in the amount of one hundred fifty dollars ($150.00) per month or eight-seven cents ($0.87) per hour in addition to his/her base salary while serving in this specialty assignment. Employees can only earn Firearms Instructor or Defensive Tactics Instructor specialty pay, not both. At no point can there be more than five (5) officers serving in this specialty assignment of Defensive Tactics Instructor.
(F) Administrative Sergeant. An employee assigned as an Administrative Sergeant shall receive compensation in the amount of four hundred dollars ($400.00) per month or two dollars and thirty-one cents ($2.31) per hour in addition to his/her base salary while serving in this specialty assignment. At no point can there be more than one (1) officer serving in this specialty assignment.

Section 09.10. BILINGUAL PAY. An employee who demonstrates only conversational fluency in Cantonese, Taiwanese, Mandarin, and/or Spanish (or any other language as determined by the City Manager) shall receive compensation in the amount of one hundred dollars ($100.00) per month or fifty-eight cents ($0.58) per hour. In exchange, the employee agrees to use his/her fluency to communicate and translate as needed. Qualification for bilingual pay shall be subject to successful completion of a proficiency exam as determined by the Human Resources Director. Bilingual pay will start at the beginning of the pay period immediately following the employee’s successful completion of a conversational proficiency exam. Bilingual Pay increase is prospective. Biennial requalification will be required for continuation of bilingual pay.

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16 Section 09.11. OTHER ASSIGNMENTS AND SPECIAL PAY PRACTICE. (A) Outside Assignments. Whenever an affected employee is assigned to serve as security for movie companies, weddings, carnivals, fairs, or any similar occurrence, the employee shall receive a minimum of four (4) hour's pay at their current (FLSA) wage.
(B) Range Qualification. An affected employee shall be compensated in compensatory time off or pay, for a minimum of one and one-half (1.5) hours, whenever the employee engages in mandatory firearm qualification on the shooting range when not on scheduled duty.
(C) Staff Meetings. A minimum compensation of four (4) hours at time and a half shall be provided to employees who attend a regularly scheduled staff meeting, range meeting, or field training officer meeting during what would otherwise be off-duty time.
(D) Computing Overtime. Range qualification, staff meetings, and actual hours worked during an outside assignment shall be included as "hours worked" for the purpose of computing overtime.

ARTICLE 10

EDUCATION WAGE BENEFIT AND CAREER

DEVELOPMENT PROGRAM
Section 10.01. EDUCATIONAL INCENTIVE PAY. Assembly Bill 89, also called the Peace Officers Education and Age Conditions for Employment (PEACE) Act, was signed into law by the Governor of California on September 30, 2021. AB 89 raises the minimum age of employment for most types of state and local peace officers from 18 to 21 and requires all new peace officers to have at least either a bachelor’s degree or the newly developed modern policing degree.

In response to this legislation, effective July 1, 2024, the City will only provide an educational incentive for degrees that are not required as a condition of employment.

Effective July 1, 2024, the City shall pay an employee upon request and proof from the employee who has successfully completed his/her probationary period the following increase over and above the employee's base salary, for the corresponding level of education. At no time shall an employee be eligible to receive both the “Legacy Education Incentive Pay” and the new Educational Incentive Pay at the same time.

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17 Education Level Obtained Fixed Dollar Amount Per Month Associate Degree or Equivalent None
Bachelor’s Degree None
Master’s Degree $200
Section 10.02. LEGACY EDUCATION INCENTIVE PROGRAM. Effective July 1, 2024, the City of San Marino discontinued the practice of permitting employees from receiving Educational Incentive Pay based on their levels of education, experience, and police experience. If an employee is currently receiving an Education Incentive based on the “Legacy Education Incentive Program,” and qualifies and requests for additional Educational Incentive Pay for degrees or P.O.S.T. Certificates or Longevity Pay as of July 1, 2024, the employee will no longer be eligible to receive the “Legacy Education Incentive Pay” and will transition to the new Education Incentive Pay Structure per Section 10.01, Section 10.03, and Section 10.04 of this MOU.

Incentive
Pay Group Education and Experience
I (1) P.O.S.T. Intermediate Certificate, or
(2) Associate of Arts Degree and 3 years' police experience.

II (1) P.O.S.T. Intermediate Certificate and
(a) Associate of Arts Degree, or
(b) Junior standing in college; or
(2) P.O.S.T. Advanced Certificate and 3 years' police
experience.

III (1) P.O.S.T. Advanced Certificate and (a) Associates of Arts Degree, or (b) junior standing in college; or
(2) Baccalaureate Degree,P.O.S.T.Intermediate Certificate, and 3 years' police experience.

IV (1) Baccalaureate Degree, P.O.S.T. Advanced Certificate, and 6 years’ police experience.

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18 Legacy Police Education Incentive
Officer/ Corporal + Sergeant + Base
Base Monthly Hourly Monthly Hourly
I. $126.53 $144.61
II. $209.44 $245.59
III. $292.33 $346.56
IV. $375.23 $447.53
Section 10.03. P.O.S.T. CERTIFICATE PAY. The P.O.S.T. Basic Certificate is awarded to full-time Peace Officers of a P.O.S.T.-participating agency who have satisfactorily completed the prerequisite Basic Course requirement and the employing agency’s probationary period per Commission Regulation 1202. Since this certificate is a pre-requisite of a Peace Officer, effective July 1, 2024, the City will not be providing an incentive for a P.O.S.T. Basic Certificate.

The City shall pay an employee upon request and proof from the employee who has successfully completed his/her probationary period the following increase over and above the employee's base salary, for the corresponding P.O.S.T. Certificate. P.O.S.T. Certificate Pay is not subject to overtime calculation. The City will only compensate the highest level of P.O.S.T.

Certificate obtained. (For example, if you have an Advanced P.O.S.T. Certificate, you will only receive $200 per month)
At no time shall an employee be eligible to receive both the “Legacy Education Incentive Pay” and the new P.O.S.T. Certificate Pay at the same time.

Certificate Obtained Fixed Dollar Amounts Per Month
Basic None
Intermediate $100
Advanced $200
Section 10.04. LONGEVITY PAY. Effective July 1, 2024, an employee shall be eligible to receive additional monthly compensation of base salary at the completion of the designated full-time years of service with the City of San Marino as set forth in the table below:

Years of Service % of Base Salary Per Month
Year 10 2%
Year 15 4%
Year 20 6%
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19 At no time shall an employee be eligible to receive both the “Legacy Education Incentive Pay” and the Longevity Pay at the same time. Longevity Pay compensation shall occur the pay period following the completion of the total years of service.

Section 10.05. TUITION REIMBURSEMENT PLAN. During each fiscal year of this MOU, the City and the Association shall each contribute Five Thousand dollars ($5,000.00) to fund this plan. If there are unused funds at the end of the fiscal year, the parties contributions for the following fiscal year shall be shared equally to bring the total funds available for the that fiscal year to ten thousand dollars ($10,000.00). Use of these funds shall be governed by Section 10.04, Allocation of Funds.

Permanent employees receiving prior approval from their department head and from the City Manager shall be eligible to receive tuition reimbursement pursuant to this Memorandum of Understanding for course work leading to or as a prerequisite for a degree or certification that is not required which is directly related to the employee's position and duties with the City.

Courses must relate to the employee's present job or directly relate to the employee's potential development with the City.
(A) Course work taken at accredited institutions as recognized by the Western Association of Schools and Colleges shall be considered for reimbursement. Reimbursement for course work taken at a non-accredited institution shall be subject to the sole discretion of the City Manager.
(B) Employees shall not receive tuition reimbursement if they fail to satisfactorily complete the approved course and/or fail to receive a grade of "C" or better. (C) In the event an employee receives assistance under federal or state government legislation or other student aid programs for education charges for an approved course, only the difference, if any, between such assistance and the education charges an employee actually incurs, shall be eligible for reimbursement under this plan. (D) Course books for which an employee receives reimbursement shall become the property of the City. Books may be sold by the City back to the educational institution book- store and monies received returned to the City. Employees who wish to keep course books shall not be reimbursed for same.
(E) If an employee, of his/her own volition, withdraws from a course before completion, he/she will refund to the City all monies paid by the City toward that course. If an employee is forced to withdraw due to job reasons, and with the City Manager's approval, no refund will be necessary.
(F) An employee who leaves the employment of the City before completion of the semester, and therefore does not complete the course(s) while working for the City, shall refund all monies paid him by the City for the course(s). No prorating will be permitted.

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20 (G) Upon completion of each semester, the employee shall be responsible for reporting grades received to the City Manager or his/her designee for recording purposes and for supplying a copy of the grade receipt for the employee's personnel file.

Reimbursement for books and registration fees shall be paid upon receipt of proof of payment by theemployee. Tuition costs shall be reimbursed following completion ofthecourse and submittal of proof for the successful completion of the course as required by this Section. If the City requires the employee to withdraw from the course, the City shall reimburse the employee for the cost of tuition.

All payments shall be made as part of the regular City warrant.

Tuition reimbursement shall not be allowed for internship courses or independent study courses where course work requirements are considered solely a continuing condition of employment.

Section 10.06. LIMITATIONS ON TUITION REIMBURSEMENT. No employee shall be reimbursed for an individual course in an amount greater than the cost for the same level of course (i.e., undergraduate, graduate) as charged by a school in the California State Universitysystem.

An employee may request reimbursement for general tuition for a degree program in lieu of reimbursement for an individual course. In such case the amount of tuition reimbursement shall not exceed the cost of general tuition for a California State resident in a school in the California State University under the same semester periods as the degree program requested.

Section 10.07. ALLOCATION OF FUNDS. The maximum annual reimbursement is two thousand five hundred dollars ($2,500.00) per member. The actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants.

The amount of funds to be dispersed will be established at the end of the fiscal year and will be based on the number of applicants and the total amount requested.

If the total amount requested exceeds ten thousand dollars ($10,000.00), then the following will apply:

The two thousand five hundred dollars ($2,500.00) maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of ten thousand dollars ($10,000.00).

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21 (A) Example 1: 10 members apply. One for two thousand five hundred dollars ($2,500.00) and the others for one thousand dollars ($1,000.00) each. The maximum benefit would be reduced to one thousand dollars ($1,000.00) for each applicant. (B) Example 2: 5 members apply. Four for two thousand five hundred dollars ($2,500.00) and one for one thousand dollars ($1,000.00). The maximum benefit would be reduced to two thousand two hundred fifty dollars ($2,250.00) for each applicant.

ARTICLE 11

TRAVEL ALLOWANCE
Section 11.01. AUTOMOBILE ALLOWANCE. Expense claims for the use of private automobiles must be submitted to the City Manager via the Finance Department for payment on the next available warrant register. Such use, if approved, will be reimbursed at the rate established by the Internal Revenue Service, making unnecessary the IRS form 1099 reporting on mileage.
(A) Officers will not be reimbursed for private automobile usage when subpoenaed to appear in court.
(B) Officers who use their private automobile as transportation to and from off-site training courses/classes will secure the approval of the Patrol Commander prior to submitting any mileage reimbursement form. For all off-site training mandated by the Department, Officers will either be reimbursed for use of their private automobile or will be provided a vehicle by the Department.

San Marino City CouncilMay 31, 2024

San Marino City Council
May 31, 2024