MEMORANDUM OF
UNDERSTANDING
between
CITY OF SANTA CLARA
and
UNCLASSIFIED POLICE MANAGEMENT
ASSOCIATION UNIT #9A
JANUARY 1, 2024 – DECEMBER 31, 2025
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING
between
CITY OF SANTA CLARA
and
UNCLASSIFIED POLICE MANAGEMENT EMPLOYEES, UNIT #9A
JANUARY 1, 2024 — DECEMBER 31, 2025
Table of Contents
1. WAGES .................................................................................................................... 4
2. HEALTH INSURANCE PREMIUMS .......................................................................... 5
3. DENTAL INSURANCE ............................................................................................. 8
4. VISION INSURANCE ............................................................................................... 8
5. DEFERRED COMPENSATION ................................................................................ 8
6. HOLIDAY PAY ......................................................................................................... 8
7. VACATION ACCRUAL ............................................................................................. 9
8. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE .................................... 11
9. BEREAVEMENT LEAVE ....................................................................................... 12
10. VOLUNTARY TIME OFF ....................................................................................... 13
11. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) ....................... 13
12. RETIREE MEDICAL REIMBURSEMENT BENEFIT ................................................ 14
13. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE ............ 14
14. UNIFORM ALLOWANCE ....................................................................................... 14
15. PDA/SMART PHONE STIPEND ............................................................................ 15
16. STADIUM DETAIL .................................................................................................. 15
17. MANAGEMENT LEAVE PROGRAM ...................................................................... 15
18. EMERGENCY PAID LEAVE POOL ........................................................................ 16
19. ALTERNATE WORK SCHEDULE (NINE -EIGHTY SCHEDULE) ....................... 17
20. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125 ... 18
21. DOMESTIC PARTNERS ........................................................................................ 18
22. CHEMICAL TESTING ............................................................................................. 18
23. EMPLOYEE ASSISTANCE PROGRAM ................................................................. 20
24. MERIT PAY/SALARY ADJUSTMENT PROGRAM ................................................. 20
25. ASSOCIATION DUES DEDUCTION ...................................................................... 21
26. PAY PERIODS....................................................................................................... 22
27. NEXT MOU NEGOTIATIONS ................................................................................. 22 APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION ................................. 24
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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Alphabetical Table of Contents
ALTERNATE WORK SCHEDULE (NINE-EIGHTY SCHEDULE) .................................. 17 APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION .................................. 23 ASSOCIATION DUES DEDUCTION ............................................................................ 20 BEREAVEMENT LEAVE .............................................................................................. 11 CHEMICAL TESTING .................................................................................................. 17 DENTAL INSURANCE………………………………………………………………………….7
DEFERRED COMPENSATION………………………………………………………………..7
DOMESTIC PARTNERS .............................................................................................. 17 EMERGENCY PAID LEAVE POOL .............................................................................. 15 EMPLOYEE ASSISTANCE PROGRAM ....................................................................... 19 FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125 .............. 17 HEALTH INSURANCE PREMIUMS ............................................................................... 5 HOLIDAY PAY ............................................................................................................... 7 MANAGEMENT LEAVE PROGRAM ............................................................................ 14 MERIT PAY/SALARY ADJUSTMENT PROGRAM ....................................................... 19 NEXT MOU NEGOTIATIONS ....................................................................................... 21 PAY PERIODS ............................................................................................................. 21 PDA/SMART PHONE STIPEND .................................................................................. 14 PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE .................. 13 RETIREE MEDICAL REIMBURSEMENT BENEFIT ..................................................... 13 SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ............................................ 10 STADIUM DETAIL ........................................................................................................ 14 TOTAL COMPENSATION .............................................................................................. 4 UNIFORM ALLOWANCE……………………………………………………………………...13
VACATION ACCRUAL ................................................................................................... 8 VISION INSURANCE…………………………………………………………………………...7
VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) ............................. 12 VOLUNTARY TIMEOFF………………………………………………………………………12
WAGES…………………………………………………………………………………………..4
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING
between
CITY OF SANTA CLARA
and
UNCLASSIFIED POLICE MANAGEMENT EMPLOYEES, UNIT #9A
JANUARY 1, 2024 — DECEMBER 31, 2025
In accordance with the provisions of Section 18 of the City of Santa Clara Resolution #2979, entitled "Employer -Employee Relations," this Memorandum of Understanding (MOU) constitutes the results of discussions between the City Management Staff and certain Unclassified Police Management Employees (Unit 9A) of the City of Santa Clara on all matters within the scope of representation from January 1, 2024 through December 31, 2025.
1. WAGES
A. Wage Increases.
1) Effective December 24, 2023:
a. The minimum salary of the Police Captain (Job Code 138) classification shall be increased by approximately seven percent (7.0%). Any employee whose current salary is less than the minimum salary will have their salary adjusted to the minimum salary for Police Captain (Job Code 138). For example, an employee at the bottom of the Police Captain (Job Code 138) classification as of December 24, 2023 will receive an approximate seven percent (7.0%) general wage increase.
b. The minimum salary of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%).
The salary of employees in the Assistant Police Chief (Job Code 027) classification as of December 24, 2023, shall remain status quo.
2) Effective the first pay period of calendar year 2025:
a. The salary range of the Police Captain (Job Code 138) classification shall be increased by approximately four percent (4.0%). This will result in employees in the Police Captain (Job Code 138) classification as of the first pay period of calendar year 2025, receiving an approximate four percent (4.0%) general wage increase.
b. The salary range of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%).
However, employees in the Assistant Police Chief (Job Code 027) classification as of the first pay period of calendar year 2025, shall receive an approximate two percent (2.0%) general wage increase
3) In recognition of, and to help secure the employees' speedy ratification of this MOU, the City Council has exercised its discretion to provide a one- time discretionary cash payment as described below for regular employees (pro - rated for part-time employees) in the bargaining unit at the time of disbursement MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non -pensionable and will not be reported to CalPERS.
a. $5,000 to employees in the Police Captain (Job Code 138) classification.
b. $2,500 to employees in the Assistant Police Chief (Job Code 027) classification.
This one-time discretionary cash payment shall only be paid to employees who meet the following criteria:
Employees who were employed in a classification assigned to the bargaining unit at the time of the disbursement, which is estimated to occur after the first pay period after Council approval of MOU. The one- time discretionary cash payment shall be paid on a day after the first full pay period after Council approval of this MOU.
B. It is recognized by both parties to this agreement that it is their mutual responsibility to independently verify, to the extent possible, the accuracy of the information upon which total compensation adjustments are made. Should it be discovered by either party that adjustments) to salary and fringe benefits are based on erroneous information or has been erroneously computed, the necessary corrective action will be taken as soon as practical after the discovery and notice of the error has been given. It is the mu tual responsibility of both parties to report any suspected error immediately upon discovery to the other party. However, the period for which there will be a right to recover any monies which are either overpaid by the City or underpaid to the employee shall be limited to an adjustment period of up to 90 calendar days from the date the error was first reported to the other party. The corrective action will be taken even in circumstances where the error may bridge successive MOUs, but the recovery will stil l be limited to amounts owed or owing during the prior 90 calendar days. The 90 calendar day period will begin upon the date of written notification by personal service upon the other party.
Right of recovery by the City of overpayment shall be limited to recovery over the same time period as the overpayment was made. Said repayment will begin with the next paycheck following final determination of the amount to be repaid.
Underpayment to the employee shall be made by the City in a lump sum of the amount owed on the next regular paycheck following final determination of the amount to be paid.
2. HEALTH INSURANCE PREMIUMS
A. The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.” MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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The City’s em ployer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.
Because CalPERS may change carriers and plans, the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this Section so long as the City contracts for benefits with CalPERS for medical insurance benefits.
Pursuant to the PEMHCA, the City will provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to the PEMHCA minimum contribution provided to an active employee under this Section.
B. Definitions. For purposes of this section:
1) “Full-time employee” refers to an employee whose regular schedule is at least 30 hours per week.
2) “Full-time position” refers to a position in a classification, whether vacant or not vacant, whose regular schedule is at least 30 hours per week.
C. Health Insurance Contributions
1) Effective January 1, 2024, the City shall make a monthly contribution to the City’s flexible benefit plan which, taken toget her with the mandatory PEMHCA contribution, equals one hundred percent (100%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee and employee plus one levels; and ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee plus two or more level. If the employee enrolls in a plan whose premium exceeds the City contribution, the employee shall pay the difference between the total cost of the selected plan and the City’s contribution via salary deduction. In no event shall the City’s contributions pursuant to the provisions of this Section, and any statutorily required minimum contribution under the PEMHCA as determined by CalPERS in each calendar year, exceed one hundred percent (100%) of the premium cost of the lowest price Kaiser (Region 1) plan at the employee and employee plus one level, or ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan at the employee plus two or more level, in which the employee is enrolled.
There shall be no option to receive all or any portion of the City’s Contribution as cash or any other taxable benefit.
2) Cash in Lieu
a. Effective January 1, 2024, a full -time employee hired on or before December 31, 2023, into a full -time position with the City, and who chooses not to enroll in a City health plan and meets the requirements MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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set forth below in in this subsection shall receive a Cash in Lieu amount equal to $835.66/month paid out on the first pay period of the month.
b. A full-time employee hired or rehired on or after January 1, 2024, and who chooses not to enroll in a City health plan and meets the requirements set forth below shall receive a Cash in Lieu amount equal to $250/month paid out on the first pay period of the month.
c. Requirements: In order to receive Cash in Lieu of health coverage, an employee must sign and submit a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
(1) Tax Family means all individuals for whom the employ ee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies.
(2) Alternative Required Coverage required means minimum essential coverage through another source (other than
coverage in the individual market, whether or not obtained through Covered California).
(3) Opt Out Period means the plan year to which the opt out arrangement applies.
(4) An employee must provide the attestation and proof of Alternative Required Coverage every plan year at open
enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive Cash in Lieu.
(5) The Cash in Lieu payment cannot be made and the city will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
(6) An employee who opts out of City-offered health benefits, but cannot provide the attestation, will not receive the cash in Lieu contribution described in this subsection.
d. For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, the Cash in Lieu amount shall be prorated as described in Section E below
D. FLEXIBLE SPENDING ACCOUNT (IRS SECTION 125 PLAN)
The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and un reimbursed medical expenses. This Plan MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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will follow the re gulations outlined by the Internal Revenue Service. Detailed information will be available in the Summary Plan Document. This plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.
E. Proration of Benefits
For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, benefits shall be prorated based on the employee’s full- time equivalent (FTE) level.
3. DENTAL INSURANCE
The City will pay toward dental insurance premiums an amount equal to the lowest cost employee only premium amount among the dental plans offered by the City. All employees are required to enroll in a dental plan.
4. VISION INSURANCE
For persons enrolled in the City's VSP vision plan, the City wi ll pay toward vision insurance premiums an amount equal to the lowest cost employee only vision premium. Participation is voluntary. Employees that do not choose to enroll in a vision plan are not entitled to the benefit of City contributions to vision premiums described in this paragraph.
5. DEFERRED COMPENSATION
The City shall contribute $150 per month to a deferred compensation plan on behalf of each represented employee.
6. HOLIDAY PAY
A. The City will observe the following thirteen (13) dates (or days) as City holidays and City offices will be closed in observance of those holidays. Represented employees will be entitled to eight (8) hours of paid time off in observation for each of the holidays listed:
• New Year's Day (January 1),
• Martin Luther King, Jr. Day (3rd Monday in January),
• President's Day (3 1d Monday in February),
• Spring Holiday (observed on Good Friday),
• Memorial Day (last Monday in May),
• Independence Day (July 4),
• Labor Day (1st Monday in September),
• Admission Day (September 9),
• Columbus Day (2 Monday in October),
• Veteran's Day (November 11),
• Thanksgiving Day (4 th Thursday in November),
• Friday after Thanksgiving, and
• Christmas Day (December 25).
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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Holidays which fall on a specific date and which fall on Saturday are observed the preceding Friday. Holidays which fall on a specific date and which fall on Sunday are observed the following Monday.
The City and Unit 9A previously agreed to represented employees giving up 104 hours of holiday pay in exchange for a corresponding and equi valent 5% salary increase. The salary ranges for represented employees were adjusted so that they were placed back at the same percent of control point they were at prior to the trans ition of holiday pay to salary.
7. VACATION ACCRUAL
A. Represented employees will accrue vacation, calculated to four decimal points for accuracy, as follows:
COMPLETED YEARS OF SERVICE ACCRUAL RATE
1 through 9 years 120 hours
10 through 15 years 160 hours
16 through 20 years 176 hours
21 or more years 192 hours
B. On or before the last business day before December 25th each calendar year, an employee may make in writing on an “Irrevocable Vacation Cash-Out Election Form” to be provided by the City an irrevocable vacation cash -out election for up to two cash-outs of vacation the following calendar year. To be effective, the employee’s written notice must be received by the Director of Human Resources or designee no later than the last business day before December 25 th of the calendar year before the calendar year in which the employee wishes to cash-out vacation. The amount of vacation requested to be cashed out in the following calendar year may not exceed a total of eighty (80) hours, which number of vacation hours must have been earned in the following calendar year before it may be cashed out, and requires a sufficient balance of available accrued vacation. It is understood that an employee using vacation shall always use vacation earned in prior years first before using vacation earned in the current year. The date options available on the Election form provided by the City for the up to two cash -outs shall be the first full pay period in April, July, October or December.
This provision shall have no effect on an employee’s right to cash out all his or her accrued vacation at the time of the employee’s separation/retirement from City employment.
C. Maximum Vacation Accrual Limit –Effective December 27, 2020 (the first pay period of calendar year 2021), the Maximum Vaca tion Accrual Limit shall be 480 hours.
Employees shall not be allowed to accrue vacation above the Maximum Vacation Accrual Limit.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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D. In lieu of receiving a vacation- leave cash payout at retirement, the Association may vote to roll accrued vacation leave ho urs (except for any hours in the Temporary Supplemental Vacation Accrual balance) into the employee's Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.
E. Temporary Supplemental Vacation Accrual – Effective December 25, 2022 (the first pay period of calendar year 2023), employees holding positions in classifications assigned to Unit 9A shall be eligible for the Temporar y Supplemental Vacation Accrual. The Temporary Supplemental Vacation Accrual is a separate vacation balance subject to the following:
1) Effective December 25, 2022, the temporary suspension of the Maximum Vacation Accrual Limit ended and all unused accrued vacation hours above 400 hours as of December 24, 2022 (the last pay period of calendar year 2022) were placed in the Temporary Supplemental Vacation Accrual balance.
(a) The following is only an example of the Temporary Supplemental Vacation Accrual described above, and any figures are for illustration purposes only and assumes the employee does not use vacation.
. Issue Hours
Vacation Balance as of the last pay period of
calendar year 2022 500
Hours placed in Temporary Supplemental
Vacation Accrual 100
Vacation Balance as of the first pay period of
calendar year 2023
400
Hours that can be accrued in calendar year 2023 80
Hours that can be accrued above the Maximum
Vacation Accrual Limit of 480 hours
0 2) The Temporary Supplemental Vacation Accrual balance may not be increased. 3) Subject to supervisory approval, any Temporary Supplemental Vacation Accrual shall be available for use to the employee until the Temporary Supplemental Vacation Accrual balance has been exhausted.
4) If an employee leaves or retires from City service, any unused Temporary Supplemental Vacation Accrual hours shall not be subject to the terms of Section
7.D above. Any accrued but unused Temporary Supplemental Vacation Accrual hours will be cashed out upon the employee’s retirement or other separation from City service, subject to Section 7.E.5 below . If permitted by the City’s deferred compensation plan and applicable law, the separating employee may elect to contribute all or a portion of their accrued but unused Temporary Supplemental Vacation Accrual hours to their deferred compensation account by submitting a written request no later than 30 days prior to their separation from City service.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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5) An employee must first use their Temporary Supplemental Vacation Accrual for any vacation leave taken until the Temporary Supplemental Vacation Accrual balance has been exhausted, subject to supervisory approval.
However, employees in the classification of Assistant Police Chief (Job Code 027) as of October 30, 2023 may elect to freeze the value of their Temporary Supplemental Vacation Accrual Hours at the employee’s rate of pay as of October 30, 2023. Employees who have opted to file such an election (including a release of claims) may use either Temporary Supplemental Vacation Accrual Hours or accrued vacation for time off. Upon the employee’s retirement or other separation from City service, all Temporary Supplemental Vacation Accrual Hours will be cashed out at the employee’s rate of pay as of October 30, 2023.
6) An employee (except employees who are in the Assistant Police Chief (Job Code 027) classification who have filed an election under Section 7.E.5 as of October 30, 2023) must use their Temporary Supplemental Vacation Accrual for any leave of absence until the Temporary Supplemental Vacation Accrual balance has been exhausted subject to any requirement that sick leave be utilized first. 7) An employee may not be on unpaid status until the Temporary Supplemental Vacation Accrual balance has been exhausted and must use their Temporary Supplemental Vacation Accrual until the Temporary Supplemental Vacation Accrual balance has been exhausted, with the exception of any formal disciplinary action pursuant to the City’s Civil Service Rules.
8. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. SICK LEAVE
1) Employees shall accrue ninety-six (96) hours of sick leave per year of regular City employment. Sick leave shall accrue in equal amounts each pay period.
Employees shall not accrue sick leave while they are on unpaid status.
2) Use of sick leave will be under the same terms and conditions as are now in place. Vacation and Management Leave may be used to supplement sick leave as available and with Department Head approval.
3) In lieu of receiving a sick-leave cash payout at retirement, the Association may vote to roll the sick leave cash payout into the employee's Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of sick leave to their VEBA accounts.
B. FAMILY SICK LEAVE
1) Not more than f ifty-six (56) hours of sick leav e within one calendar year shall be granted to any employee for the care or attendance upon members of his/her immediate family, unless the use of additional leave is approved by the City Manager or designee. "Immediate family" is defined as spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, parent by marriage, step- parent, step -child, grandparent by MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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marriage, son- in-law, daughter -in-law, sibling by marriage, foster parent, domestic partner, anyone residing wi th employee, or anyone dependent on the employee for care.
C. PERSONAL LEAVE
1) Each calendar year, an employee is entitled to use thirty -two (32) hours of accrued sick leave as Personal Leave, provided he/she has sufficient sick leave balance available.
2) Personal Leave is intended to provide the employee with paid time off to attend to legitimate personal business that may arise from time to time during the year. Personal Leave may be used to supplement sick leave as required.
3) The employee has an obligation to provide as much notice as possible so as to allow for proper scheduling by the department.
4) Providing that the minimal requirements of proper notification have been met, the use of Personal Leave should not be denied.
5) The adoption of this program does not modify the existing ability of the employee to exchange up to 96 hours of accrued sick leave for up to 48 hours of vacation, based upon two (2) hours of sick leave for one (1) hour of vacation as provided and defined in the Personnel and Salary Resolution.
9. BEREAVEMENT LEAVE
A. The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of an employee's immediate family, as defined in this Section 8(A). Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of the death of a parent (including step, adoptive and in- law), child (including step, adoptive and in- law), sibling (including step, adoptive and in- law), spouse or domestic partner; up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent (including step, adoptive and in- law), grandchild (including step, adoptive and in- law), aunt (including step, adoptive and in-law) or uncle (including step, adoptive and in -law); and up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of their own or a step, adoptive, or in-law great-grandparent, great -aunt, great-uncle, great-grandchild, niece, nephew, or first cousin.
B. The bereavement leave benefit is based on each death occurrence and is not charged through the total compensation model.
C. Up to five (5) work days of additional bereavement leave may be charged to an employee's sick leave balance with City Manager approval.
D. At the request of the City, the employee will provide verification.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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10. VOLUNTARY TIME OFF
Employees may request voluntary unpaid time off under the following conditions:
A. Approval of a work schedule t hat does not adversely impact the operations of the department or other employees in the work unit with the approval of the Department Head and the City Manager.
B. No impact on either sick leave or vacation accrual if sufficient hours are worked in a pay period to entitle the employee to his/her regular accrual rate for either benefit.
C. No reduction of insurance premium payment or refund as long as sufficient hours are worked to allow for full payment of the premium for an employee working a full time work schedule. If the number of hours worked is less than the number required for full payment of premiums or refunds, the premium or refund payments will be reduced in proportion to the hours required to gain full credit.
D. Voluntary time off may be taken without the employee first using all of his/her accrued leave.
E. Employee may cancel his/her participation in the program with a notice time agreed upon at the time of the granting of the request, which will be sufficient to allow the department head to accommodate the request.
F. Cancellation of the employee's participation in the program will be at the discretion of the Department Head with the approval of the City Manager.
11. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
The City has established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a City-wide defined contribution post retirement medical benefit for employees hired prior to December 21, 2003. Specific information regarding the Plan is referenced in the Plan Document.
The City has established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a City-wide defined contribution post retirement medical benefit for employees hired prior to December 21, 2003. Specific information regarding the Plan is referenced in the Plan Document.
VEBA is a tax -exempt trust account formed under Internal Revenue Code Sect ion 501(c)(9) designed to accumulate assets to fund the future payment of qualified medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for medical insurance premiums and will not be taxed under current state and federal law. Withdrawals cannot be made for non- medical purposes.
Effective beginning December 16, 2007, the City began contributing $50 per month to employees’ VEBA trust accounts. Effective December 23, 2019, the City began contributing $100 per month to the employees’ VEBA trust accounts. Per the city’s MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts.
12. RETIREE MEDICAL REIMBURSEMENT BENEFIT
The Retiree Medical Benefit shall provide each employee who retires from the City with a CalPERS retirement with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium, beginning with the first full month after retirement from City service and ending with the last full month before the retiree's sixty-fifth (65th) birthday. Starting with the month in which the retiree turns age sixty -five (65), the reimbursement will be for unreimbursed Medicare single retiree supplemental insurance premium or unreimbursed single retiree insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in calendar year 201 8, the City will reimburse an amount up to $352 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $211 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental insurance premium or single retiree health insurance premium. The amount of the City reimbursement will be adjusted once each year by the percentage change from October to October in the San Francisco- Oakland-San Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%. Beginning in 2004, the City will fund this benefit with an amount to be determined by an actuary.
Each retiree will be required to submit proof of medical coverage to the City each year.
The City will pay the reimbursement in a lump sum payment quarterly.
13. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE A. Employees are eligible for up to a maximum of 7.5% of base pay as follows:
1) Supervisory POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), employees that have achieved the Supervisory POST certification shall receive 3.75% of base pay for this certification. 2) Management POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), employees that have achieved the Management POST certification shall receive an additional 3.75% of base pay for this certification.
B. To be eligible, and receive payment, e mployees must either provide proof from POST of the Supervisory or Management POST certificate or get written confirmation and approval from the Police Chief (or designee) that the requirements for certification have been successfully completed.
14. UNIFORM ALLOWANCE
The City will provide a uniform allowance of $600 per year. Effective December 27, 2020 (the first pay period of the calendar year) the uniform allowance will be paid on the first two (2) pay periods of every month.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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15. PDA/SMART PHONE STIPEND
The City will agree to provide an $80 per month PDA/smart phone stipend to those employees who wish to receive it instead of receiving and using a City issued PDA/phone.
Effective December 27, 2020 (the first pay period of calendar year 2021), the PDA/smart phone stipend shall be paid on the first two (2) pay periods of every month. Employees choosing to participate in this program will be responsible for securing their own PDA/Smart Phone, and providing the applicable telephone number to the Police Department, and to Human Resources. (See Appendix A.)
16. STADIUM DETAIL
Police Management employees will be paid at 1.5 times the Step 5 Lieutenant salary rate for hours performing Stadium Detail special event work outside an employee's regular schedule, and which amounts shall be reimbursed to the City by the Stadium Authority. Such pay and detail shall be limited to those events where the Chief of Police concludes that the presence and work of Police Management personnel is required.
Effective the first full pay p eriod following City Council approval of this MOU, the pay amount will increase to 1.5 times the Step 7 Lieutenant salary rate.
17. MANAGEMENT LEAVE PROGRAM
The Management Leave Program is as follows:
A. Effective January 1 of each year, represented employees wil l be credited with 120 hours of Management Leave.
B. New hires or employees promoted into Unit 9A between January 1 and June 30 will be credited with 120 hours of Management Leave. New hires or employees promoted into Unit 9A between July 1 and December 31 wi ll be credited with 60 hours of Management Leave.
C. Use of Management Leave is subject to approval by the City Manager or his/her designee. Such use shall be approved unless staffing or other conflicts prohibit such approval.
D. Management Leave may not be converted to cash or other paid time off.
E. Unused Management Leave may be carried over from one calendar year to the next; however, an employee may never have more than a balance of 180 hours of management leave, subject to Section 17.E.1-3 below. (Thus, and for example, an employee that already has 180 hours of management leave on January 1 would not receive any further management leave. An employee that already has 100 hours of management leave on January 1 would “only” receive an additional 80 hours. An employee with 60 or fewer hours of banked management leave on January 1 would receive 120 hours.
1) For calendar year 2021, an employee may have up to a balance of 240 hours of management leave.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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2) For calendar year 2022, an employee may have up to a balance of 240 hours of management leave.
3) For calendar year, 2023, an employee may have up to a balance of 240 hours of management leave.
4) Effective the first pay period of calendar year 2024, the terms of Section 17.F above shall apply, and an employee may have no more than a balance of 180 hours of management leave.
18. EMERGENCY PAID LEAVE POOL
A. ADMINISTRATION
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board) consisting of two (2) members of the Unit 9A Board and the City Director of Human Resources (or designee). Determination of eligibility to use the vacation established in this Emergency Paid Leave pool will be by majority vote of this board. An adverse decision of this board may be appealed to the Association Board of Directors and their determination shall be final.
B. METHOD OF DONATION
1) Contribution of vacation or CTO will be computed at the member's base hourly rate of pay (excluding premium or specialty pay).
2) Contribution may be made from earned vacation, CTO or cash only. Conversion of Sick Leave to Vacation for purposes of donation to this pool will be immediately credited to the pool without the ninety (90) day waiting period.
3) In a case where it has become known that an em ployee has been seriously injured or has a life- threatening illness and is in need of assistance from the Emergency Paid Leave Pool, contributions from accrued Sick Leave, bypassing vacation conversion, computed at the contributing employee's base hourly rate of pay (excluding premium or specialty pay) may be made for the benefit of that specific employee who has the need.
4) Employee may authorize the City to automatically convert vacation that should be accrued to the employee to the pool when the employee' s vacation accrual has reached the maximum allowed.
5) Funds contributed to the Emergency Paid Leave Pool will be placed in an interest bearing Trust Fund. The Trust Fund will be accumulated in total dollars. No record of number of hours contributed to the Pool will be maintained. An employee making a donation to the Pool will not have a vested right to the amount donated.
The Finance Department will report the status of the fund on a calendar quarter basis to the Association.
6) Employees may contribute earned vacation, CTO or cash to the Emergency Paid Leave Pools of other City bargaining groups.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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C. USE OF POOL
Employee must have a verified emergency need for time off to request Emergency Paid Leave from the pool. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency.
Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. An employee's initial request to use leave for a medical emergency shall be made to the City's Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee's request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the individual making the request, the date of the request and whether or not the individual's request qualified as a verified medical emergency need under this section.
1) Employee must have exhausted appropriate paid leave (sick leave including eligible conversion to vacation, vacation or CTO) prior to becoming eligible to request Emergency Paid Leave benefits from the pool. Employee will be notified by the Personnel Depart ment when they first become eligible to request emergency leave benefits from the pool.
2) The maximum time available from the pool (subject to the assets of the pool) will be 160 hours (two [2] pay periods) for Emergency Paid Leave benefits due to the illness or injury of the employee or the maximum allowable accrual of vacation for emergency needs of the family of the employee.
3) An additional 160 hours (two pay periods) will be made available in extreme circumstances if an employee has a medical emergency. The decision to grant or deny a request for an additional 160 hours will be made by a majority vote of the Employees' Association Board Members.
4) Emergency Paid Leave will be deducted from the pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay).
5) Emergency Paid Leave hours will be made available for use in the pay period following approval by the Board.
6) Use of Emergency Paid Leave from the pool will be treated in the same manner as use of regular vacation. The employ ee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation.
7) Emergency Paid Leave that has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the pool.
Vacation, sick leave and other benefits that have accrued to the employee will remain in the employee's account.
19. ALTERNATE WORK SCHEDULE (NINE -EIGHTY SCHEDULE)
Unit 9A employees shall be eligible to work a 9/80 alternate work schedule according to the conditions, criteria, and requirements set forth in City Manager's Directive 71.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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Requests to work a 9/80 schedul e shall be made through or by the Chief of Police to the City Manager. The City Manager must approve the schedule and the City Manager or Chief of Police may terminate the schedule at any time.
20. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125 The City will make available a Flexible Spending Plan under the Internal Revenue Code Section 125 for employees. Employees may contribute pre -tax (federal, state, FICA, Medicare) dollars for dependent care and qualified un- reimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Code.
Detailed information will be available in the Summary Plan Document.
The City will pay the administrative expenses for the plan. This Plan is voluntary and participating employees will pay the monthly participation cost. The monthly participation cost will be considered pre-tax, as defined above, under Internal Revenue Code Section 106. Participating employees will be provided with an Employee Plan Summary and regular statements regarding the status of their flexible spending accounts.
21. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents and domestic partners, subject to the requirements of each benefit provider.
22. CHEMICAL TESTING
It is the policy of the City of Santa Clara, the Santa Clara Police Department and the Association to provide and maintain a drug and alcohol free work environment for all employees. The above parties recognize and agree that the duties, responsibilities and actions of a police officer may expose the City, the Department and its employees to possible civil or criminal liabilities in the area of drug and alcohol use. In order to address the above concerns, all parties agree as follows:
It will be the responsibility of any represented employee to comply with the Santa Clara Police Department policy on drug and alcohol use, and pursuant thereto, to submit to a blood test as appropriate and chosen by the involved employee, when ordered by the Chief of Police or his/her designee. A breath test may be chosen only if alcohol use is suspected. All chemical testing shall be administered in a medically approved manner and as soon as practical after being ordered, but no later than six (6) hours after the incident, in the case of A, B, C, or D listed below, whether the employee is on- duty or off-duty at the time of the occurrence whenever any of the following occur:
A. Any incident in which a firearm is discharged by an employee, acting under color of authority, and death or serious injury is likely to occur. Furthermore, unless the death or serious injury of another occurs, this section will not apply to incidents in which a firearm is discharged accidentally, as a warning shot, or at a dangerous or suffering animal. For the purpose of this section, the use of an extended range impact weapon is not defined as a firearm discharge unless used as deadly force.
B. Any intentional use of any other deadly or dangerous weapon by an Officer, or an intentional act on the part of an Officer, which proximately causes the death or, or injury likely to produce death to another.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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C. Any traffic accident involving an employee operating a City -owned vehicle which results in death of another or any traffic accident involving an employee operating a City-owned vehicle which results in an injury likely to produce death to another and the employee appears to be the proximate cause of the accident.
D. Any incident where the Chief of Police or his/her designee has a reasonable belief based upon objective symptoms that an employee is in violation of the departmental policy on drug or alcohol use. The verbal order to submit to a chemical test(s) shall set forth the reasons for the test(s) and shall be followed at the time the test is administered by a written statement of the order.
E. Any reasonable incident where the Chief of Police or his/her designee develops reasonable suspicion that an employee has used illegal drugs. Reasonable suspicion will be defined as that quantity of proof or evidence that is more than a hunch, but less that probable cause and must be based on objective and articulable facts sufficient to lead a reasonable, prudent supervisor to suspect that an employee has used illegal drugs.
The following examples, alone or in combination, may constitute reasonable suspicion:
1) A pattern of documented abnormal or erratic behavior that indicates potential drug use;
2) Direct observation of drug or alcohol use by a reliable and credible source;
3) Corroborated information provided by a reliable and credible source that an employee has engaged in illegal drug use, the identity of which source shall be available to the employee and the association.
F. Employees being assigned to, or being rotated out of specific assignments shall be subject to drug testing at the beginning and at the end of such assignments. These assignments include the Specialized Crimes Action Team (SCAT), Santa Clara County Special Enforcement Team (SCCSET), the Administrative Narcotics Investigator, and the Drug Enforcement Agency (DEA) task force.
Demands for drug or alcohol analysis by supervisors which are determined to be malicious will not be tolerated and may subject the directing individual to disciplinary action.
"Designee" is defined as any sworn Santa Clara Police Officer with the rank of Assistant Chief, Captain, Lieutenant or Sergeant.
In the event any portion of the Chemical Testing policy herein described in this MOU is in conflict with any non-negotiated policy, procedure, manual or directive, including the Police Operations Manual, the provisions of this MOU shall prevail.
Nothing is this section shall prevent any represented employee from voluntarily requesting or providing a chemical sample if deemed appropriate by the employee.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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23. EMPLOYEE ASSISTANCE PROGRAM
The City agrees to provide a confidential Employee Assistance Program to be funded outside of Total Compensation.
24. MERIT PAY/SALARY ADJUSTMENT PROGRAM
Merit pay adjustments as provided for in the Personnel and Salary Resolution are, and will continue to be available during the term of this MOU when and if approved by the applicable Department Head and the City Manager, subject to Section 24.F below. The Merit Pay Adjustment system shall include the following elements:
A. Each Unit 9A employee shall receive an annual evaluation.
B. Annual consideration of merit pay adjustments, subject to Section 24.F below, with an affirmative decision by the applicable Department Head shall be required each year following the annual evaluation.
C. Merit pay adjustments shall range from 0 to 5%, subject to Section 24.F below.
D. Subject to Section 24.F below, the City shall not suspend or freeze consideration of merit pay adjustments for Unit 9A employees unless step increases are suspended or frozen for all bargaining units that utilize a step system.
E. The City and Unit 9A may, by mutually agreement, meet to discuss potential changes to the merit pay system and/or movement toward a step pay system more like other bargaining units.
F. Effective January 1, 2021, employees holding positions in classifications assigned to Unit 9A shall be ineligible for a merit increase for the next two ( 2) consecutive rating periods. This means that an employee in Unit 9A shall not be eligible for a merit increase until the third rating period after January 1, 2021, and after the employee had skipped two (2) consecutive rating periods where they did not receive a merit increase.
1) Employees hired or rehired or promoted on or after January 1, 2021, and until on or before December 31, 2022, into positions in classifications assigned to Unit 9A shall be ineligible for a merit increase for the first two (2) c onsecutive rating periods. This means that an employee hired or rehired or promoted between January 1, 2021, and December 31, 2022, will not be eligible for a merit increase until the employee’s third rating period with the city after the employee was hir ed or rehired or promoted into positions in classifications assigned to Unit 9A.
(a) A current active City employee promoted from another bargaining unit into a position in a classification assigned to Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase until the employee’s third rating period form the effective date of the promotion.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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(b) A current active City employee holding a position in a classification assigned to Unit 9A as of the effective date of thi s agreement who is promoted into or accepts another position in Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase unless the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase since January 1, 2021.
2) Employees in the Assistant Police Chief (Job Code 027) classification as of January 1, 2024, shall be ineligible for a merit increase in calendar year 2024.
Employees in the Assistant Police Chief (Job Code 027) classification shall not be eligible for a merit increase until the employee’s rating period ending in calendar year 2025.
25. ASSOCIATION DUES DEDUCTION
All employees within the bargaining unit may voluntarily join the Police Management Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter "payroll deductions") as determined by the Police Management Association. It shall be the responsibility of the Police Management Association to maintain a record of employees who have given their written consent to join and pay dues to the Police Management Association. The Police Management Association shall certify to the City the identity of such members and the amount of such payroll deductions to be deducted.
The City agrees to deduct the periodic payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Police Management Association, or pursuant to an authorization form tendered to the City by either the Police Management Association or the employee. All sums deducted by the City shall be remitted to the Police Management Association in an expedient manner and at the intervals requested by the Police Management Association (i.e., no more than seven (7) calendar days after the deduction), together with a list of names of each employee for whom a deduction was made.
If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Police Management Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Pol ice Management Association directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.
Notification will be provided to the City's Payroll Division. Any change, cancellation or deduction request received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.
The Police Management Association shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any claims, demands, lawsuits, or any other action arising from the operation of this Section.
The City shall promptly provide the Police Management Association with notice of any MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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such claim, demand, lawsuit, or any other similar action arising from the operation of this Section.
26. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per month or year but are paid for administrative purposes in incremental amounts each pay period, shall be the same total amount per year in years in which there are 27 instead of 26 pay periods. This clarification is not intended to and would not modify anyone's salary/pay rate.
27. LIGHT BODY ARMOR
All currently issued light body armor and vest carriers shall be replaced at City expense five (5) years from the date of issue.
New or replacement body armor shall be a minimum of a Threat Level #3A classification and shall be replaced by the City upon the expiration of the manufacturer's warranty for that unmodified dealer issued unit. Any represented employee may purchase a vest of his/her choic e provided that it meets or exceeds the City's warranty and protection requirement; however, the employee must bear the difference in cost between the allocation provided and determined by the City and the actual cost of the vest of his/her choice. All body armor issued to represented employees shall be new and custom fitted to the individual officer. The City will also provide and replace vest carriers consistent with Departmental standards. Unit members may purchase vest carriers of their own choice so long as they meet the Department’s minimum standards; however, the employee must pay the difference in cost between the actual cost of the vest carrier and Departmental allocation for vest carriers.
Body armor and vest carriers damaged in the course and scope of employment shall be replaced immediately if determined to be unserviceable, or otherwise requiring replacement in the opinion of the Department. Body armor and vest carriers damaged by misuse or gross negligence shall be replaced subject to a pro rata formula based upon the manufacturer's warranty (e.g., if a vest is damaged by misuse after 3 years, the Department will pay 60% (3/5) of the Departmental allocation towards a replacement vest and the employee will be responsible for the remainder of the replacement cost).
All body armor and vest carriers, regardless of the purchaser, shall remain the property of the City.
The employee is required to wear this equipment whenever he/she is performing general law enforcement duties outside the Police Administration Building and in uniform.
28. NEXT MOU NEGOTIATIONS
Unit #9A will submit its proposals for a new MOU for the term commencing at the expiration of this MOU no later than November 1, 2025.
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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FOR THE CITY OF SANTA CLARA FOR THE CITY OF SANTA CLARA
UNCLASSIFIED POLICE
MANAGMENT
_________________________________ ___________________________________ Aracely Azevedo Wahid Kazem
Director of Human Resources Assistant Chief of Police Date: ______________ Date: ______________
_________________________________ ___________________________________ Charles Sakai Saskia Lagergren
Labor Consultant Police Captain
Date: ______________ Date: ______________
_________________________________
Marco Mercado
Assistant Director of Human Resources
Date: ______________
APPROVED: APPROVED AS TO FORM:
_________________________________ _________________________________ Jōvan D. Grogan Glen Googins
City Manager City Attorney
Date: ______________ Date: ______________
APPROVED BY THE CITY COUNCIL ON:
ATTEST:
City Clerk Date
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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