St. Helena City Council
June 24, 2025

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b) An arbitrator shall be selected jointly by the parties within fourteen calendar days ofreceipt by the City Manager ofthe request forsuch arbitration from the employee.
c) In the event the parties are unable to agree on an arbitrator within the fourteen day period, the City shall solicit from the State of California Mediation / Conciliation Service a list ofseven arbitrators.

After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrator's namesfromthe list until one arbitrator remains.
d) If the arbitrator selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated, unless the parties can otherwise mutually agree on an arbitrator.
e) The cost of the impartial arbitrator will be shared, with one‐half being paid by the City and one‐half being paid by the Association or the individual employee.

2. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing shall be a private hearing.

3. The hearing shall be conducted in the manner most conducive to determination of the truth, and the arbitrator shall not be bound by technical rules of evidence.

4. The arbitrator shall determine the relevancy, weight and credibility of testimony and evidence.  The arbitrator shall base his/her finding on the preponderance of evidence.

5. Each side will be permitted an opening statement and closing argument.

The City shall first present their witnesses and evidence to sustain the charges, and the employee will then present his/her witnesses and evidence in defense.

6. A court reporter will be retained by the City to take a transcript of the hearing. No audio or video tape recording will be permitted.   The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and agreement to pay the necessary costs.

Agenda Item #9.10.

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7. Each side will be allowed to examine and cross‐examine witnesses.   The employee filing the appeal may be called and examined as if under cross‐ examination.

8. Both the City and the employee may be represented by legal counsel.

9. The arbitrator shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence.  The arbitrator may consider the records of any relevant prior disciplinary actions against the employee which are final.

10. The arbitrator may, prior to or during a hearing, grant a continuance for any reason he/she believes to be important to him/her reaching a fair and proper decision.

11. The arbitratorshall prepare a recommended decision and forward it to the City Council after the matter of appeal was taken under submission by the arbitrator.  The recommended decision shall set forth which charges the arbitrator sustains or does not sustain and the reasons therefore.

12. After receiving the recommendation of the arbitrator, the City Council may sustain orreject any or all ofthe chargesfiled againstthe employee.  The City Council may sustain, reject or modify disciplinary action invoked against the employee.

ARTICLE 29

LAYOFF PROCEDURE

27.1 In the event of a layoff, those employees in the classification affected with the least City‐wide seniority shall be laid off first.  Seniority shall be defined as continuous City service based upon hire date. The order of layoff shall be:
a) Part‐time and temporary employees in the affected classification shall be separated first.
b) Probationary employees in the affected classification shall be separated next. c) Permanent employees with the least City seniority will be laid off first. Other affected employees will be laid off in sequential order thereafter.

27.2 An employee scheduled to be laid off is entitled to displace, or "bump," into a position in a classification within the same occupational series which is currently being held by an incumbent with less overall City seniority, provided it is a position in which the Agenda Item #9.10.

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employee formerly held permanent status.  The employee must exercise his or her displacement rights in writing within five (5) working days from receipt of layoff notification.

27.3 When the employee with the least City seniority is displaced by the person scheduled for layoff, the displaced employee shall be considered as laid off for the same reason as the person who displaced him or her and shall in the same manner be eligible to displace to a position in the same manner as described above.

27.4   Should there be a vacancy in the classification from which an employee was laid off within twelve (12) months, the employee shall be eligible for reinstatement.

Reinstatement shall be in the reverse order of layoff.

ARTICLE 30

SEPARABILITY
Notwithstanding any provisions of this Agreement to the contrary, in the event that any article, or subsections thereof, of this Agreement shall be declared invalid by any court of competent jurisdiction or by any applicable State or Federal law orregulation, orshall a decision by any court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this Agreement or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles or Subsections thereof affected. All other provisions of this agreement shall continue in full force and effect.

ARTICLE 31
TERM
The term of this agreement shall commence on its ratification by the City and the Association and expire on June 30, 2026.

Agenda Item #9.10.

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APPROVALS
This Memorandum Of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:

ST. HELENA POLICE OFFICERS’ ASSOCIATION
_______________________________
Joe Higby, Labor Negotiator
_______________________________
Iris Solana, President
_______________________________
Randall Stephenson, Vice President
CITY OF ST. HELENA
_______________________________
Anil Comelo, City Manager
Agenda Item #9.10.

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Agenda Item #9.10.

MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA EMPLOYEES ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
JULY 1, 20252 THROUGH JUNE 30, 20265
ATTACHMENT 3
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

TABLE OF CONTENTS
ARTICLE 1: PREAMBLE………………………………………………………………. 6
ARTICLE 2: RECOGNITION…………………………………………………………… 7
ARTICLE 3: ASSOCIATION & CITY RIGHTS………………………………………... 8 A. ASSOCIATION RIGHTS………………………………………………... 8
B. CITY RIGHTS……………………………………………………………. 8
ARTICLE 4: DEFINITIONS……………………………………………………………... 10
ARTICLE 5: HOURS OF WORK & SCHEDULES…………………………………… 13
A. BUSINESS HOURS…………………………………………………….. 13
B. HOURS OF WORK………………………………………………...…. 13
C. FLEX SCHEDULE………………………………………………… ………13

1. Eligibility………………………………………………………... 13

2. Schedule………………………………………………………..... 14
D. MEAL BREAKS………………………………………………………... 15
E. REST BREAKS…………………………………………………………. 15
F. SHEA ATTENDANCE AT BUDGET MEETINGS………………….. 16
ARTICLE 6: PERSONNEL MATTERS………………………………………………... 17
A. PROBATIONARY PERIOD……………………………………………. 17

1. Probationary Period……………………………………………... 17

2. Termination during Probationary Period………………………... 17

3. Extension of Probationary Period……………………………….. 17
B. EMPLOYEE EVALUATIONS…………………………………………. 17
ARTICLE 7: PAY PLAN……………………………………………………………….. 18
A. SALARY SCHEDULE…………………………………………………. 18
20252 Salary Schedule Increase …………………………………. 18

1. 2023 Salary Schedule Increase………………………………….. 18

2. 2024 Salary Schedule Increase………………………………….. 18
B. EQUITY ADJUSTMENTS……………………………………………... 18
C. SALARY UPON APPOINTMENT…………………………………….. 19
D. STEP INCREASES……………………………………………………... 19

1. Steps……………………………………………………………... 19

2. Qualifications for Step Increase…………………………………. 19
E. COST OF LIVING ADJUSTMENT……………………………………. 19
F. HOURLY RATES………………………………………………………. 19
G. OVERTIME…………………………………………………………....... 20

1. General Policy…………………………………………………… 20

2. Overtime Compensation………………………………………… 20
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

3. Compensatory Time Off………………………………………… 20

4. Overtime Meal…………………………………………………... 20
H. HOLIDAY PAY ON HOLIDAYS…...…………………………………. 20
I. STANDBY PAY………………………………………………………… 21
J. MINIMUM CALLOUT TIME………………………………………….. 21
K. LONGEVITY PAY……………………………………………………... 21
L. BILINGUAL PAY…………………………..…………………………... 21
M. OUT-OF-CLASS PAY…………………………………………………. 22
N. REPORTING TIME WORKED………………………………………... 22
O. SHIFT DIFFERENTIAL………………………………………………… 22
ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE……………………………… 22 A. VACATION LEAVE……………………………………………………. 22

1. Rate of Accrual or Award……………………………………….. 22

2. Administration…………………………………………………... 22
B. HOLIDAYS……………………………………………………………... 23

1. Holidays…………………………………………………………. 23

2. Exceptions……………………………………………………….. 24

3. Observance………………………………………………………. 24

4. Holiday Pay……………………………………………………… 24
C. PERSONAL CONVENIENCE HOLIDAY…………………………….. 24
D. SICK LEAVE AND FITNESS FOR
DUTY……………………………………………………………………. 24

1. Accrual and Use………………………………………………..… 24

2. Administration/Fitness for Duty………………………………….. 25

3. Reason for Granting……………………………………………... 25

4. Limitations and Related Provisions……………………….……… 25

5. Sick Leave Abuse……………………………………………….. 26

6. Pay-out of Sick Leave at Termination of Employment………… 26 E. BEREAVEMENT LEAVE……………………………………………… 27
F. JURY OR WITNESS DUTY……………………………………………. 27
G. ADMINISTRATIVE LEAVE WITH PAY……………………………... 27
H. DISCRETIONARY LEAVE WITHOUT PAY…………………………. 27

1. Permissible Reasons for Leave………………………………….. 27

2. Procedure………………………………………………………... 27

3. Regulation Relative to Discretionary Leave Without Pay………. 27 I. PREGNANCY DISABILITY LEAVE…………………………….. 29
J. CFRA AND FMLA LEAVE……………………………………………. 29
ARTICLE 9: CERTIFICATION AND OTHER BENEFITS….……………………….. 30 A. SPECIALIZED SCHOOLS AND TRAINING…………………………. 30

1. Specialized Schools and Training……………………………….. 30

2. Certification Pay………………………………………………… 30
B. UNIFORMS……………………………………………………………... 31
C. TOOLS AND EQUIPMENT……………………………………………. 32
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE……….. 34 A. HEALTH INSURANCE………………………………………………… 34
B. DENTAL INSURANCE………………………………………………… 34
C. VISION INSURANCE………………………………………………….. 34
D. LIFE INSURANCE……………………………………………………... 34
E. SUPPLEMENTAL LIFE INSURANCE...……………………………… 34
F. DISABILITY INSURANCE…………………………………………… 34
ARTICLE 11: RETIREMENT, SOCIAL SECURITY, DEFERRED COMPENSATION A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)…………… 35 B. SOCIAL SECURITY PAYMENT…………………………………….… 38
C. DEFERRED COMPENSATION PLAN ……………………………….. 38
D. CAFETERIA PLAN DEPENDENT CARE ASSITANCE……………… 38
D.E. RETIREMENT HEALTH SAVINGS ACCOUNT (RHS) ……………... 38 ARTICLE 12: BENEFITS ON TERMINATION/RETIREMENT……………………... 39 A. COBRA CONTINUATION…………………………………………….. 39
B. CONTINUATION OF CERTAIN INSURANCE POLICIES………….. 39

1. Conditions……………………………………………………….. 39

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums…………………………………………………… 39
ARTICLE 13: GRIEVANCE PROCEDURE…………………………………………… 40
A. GRIEVANCE DEFINED…..…………………………………………… 40
B. PROCEDURE…………………………………………………………… 40

1. Step 1: Information Discussion………………………………….. 40

2. Step 2: Department Head Determination………………………... 40

3. Step 3: City Manager Review…………………………………… 40

4. Step 4: City Council Review…………………………………….. 41
C. DEADLINES……………………………………………………………. 41
ARTICLE 14: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION… 42 A. RESIGNATION…………………………………………………………. 42
B. EXIT INTERVIEW……………………………………………………... 42
C. DISCIPLINARY AUTHORITY………………………………………... 42
D. PROBATIONARY EMPLOYEES…………………………………………42
E. DISCIPLINARY ACTIONS……………………………………………. 42

1. Reprimand……………………………………………………….. 43

2. Suspension………………………………………………………. 43

3. Reduction in Salary……………………………………………… 43

4. Demotion..………………………………………………………. 43

5. Dismissal………………………………………………………… 44
F. DISCIPLINARY PROCEDURE………………………………………... 44

1. Initial Investigation……………………………………………… 44

2. Notice of Proposed Discipline…………………………………... 44
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

3. Proposed Discipline Deferred…………………………………… 45

4. Pre-Disciplinary (Skelly) Hearing………………………………. 45

5. Notice of Disciplinary Action…………………………………… 45

6. Paid Administrative Leave………………………………………. 45

7. Exclusions……………………………………………………….. 45
G. APPEAL………………………………………………………………… 45

1. Right of Appeal………………………………………………….. 46

2. Procedure………………………………………………………... 46

3. Appointment of Hearing Panel.…………………………………. 46

4. Pre-Hearing Matters……………………………………………... 46

5. Conduct of Hearing……………………………………………… 46

6. Findings of the Panel……………………………………….. 45

7. Decision of the City Manager………………………………. 45
H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION,
SUSPENSION OR DISCHARGE INCLUDE………………………….. 47
ARTICLE 15: LAYOFF PROCEDURE………………………………………………… 50
ARTICLE 16: SEPARABILITY………………………………………………………... 51
ARTICLE 17: TERM & COMPLETION OF
NEGOTIATIONS………………………………………………………… 52
ARTICLE 18: SIGNATURES…………………………………………………………... 53
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 1

PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as “City,” and the St. Helena Employees Association, hereinafter referred to as “Association,” pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. This includes meeting and conferring on matters which have the potential to affect wages, hours, and other terms and conditions of employment. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment.

Employees subject to this MOU are also covered by the City of St. Helena’s Employee Handbook currently in effect (Employee Handbook) and related City policies and procedures. In the event of a conflict between this MOU and the Employee Handbook or other City policies or procedures, the MOU shall control.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 2

RECOGNITION
The City recognizes the Association as the recognized and exclusive representative for the following full-time classifications and the corresponding job descriptions (part-time positions are not included in the bargaining unit represented by the Association):
- Accounting Technician I, II
- Administrative Analyst
- Administrative Assistant
- Administrative Records Assistant
- Assistant Engineer
- Associate Engineer
- Assistant Planner
- Associate Planner
- Buildings & Streets Superintendent
- Chief Plant Operator - Water & Wastewater
- Chief Water Distribution Operator
- Engineering Technician
- Environmental Services Technician I, II
- Executive Assistant
- Fire Inspector
- Human Resources Analyst
- Human Resources Technician
- Junior Engineer
- Lead Maintenance Worker
- Lead Maintenance Worker – Underground Utilities
- Librarian I, II
- Library Associate I, II
- Maintenance Worker I, II
- Maintenance Worker I, II – Underground Utilities
- Office Assistant
- Parks & Trees Superintendent
- Permit Technician I, II, III
- Plant Operator I, II, III - Water & Wastewater
- Plant Operator in Training - Water & Wastewater
- Public Works Financial Analyst
- Recreation Coordinator
- Recreation Supervisor
- Public Works Supervisor
- Senior Accounting Technician
- Senior Librarian
- Senior Library Associate
- Underground Utilities Superintendent
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 3

ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution or regulation directly relating to matters within the scope of this MOU.

2. Reasonable use of one (1) bulletin board at City Hall.

3. The right to payroll deductions made for payment of Association dues and for Cityapproved programs.

4. The right to represent its members before the City Council or the City Council’s designee with regard to wages, hours and other matters within the scope of representation, subject to the provisions of applicable Federal, State or City laws and regulations. Inclusion of topics in this MOU does not deem them “negotiable” as that term is defined by applicable law.

5. The use of City facilities for regular, normal and lawful Association activities, providing the appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

6. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

7. In compliance with AB 119, the City will notify the SHEA Chairperson (or other designated representative) at least 10 days before a new employee orientation meeting, and allow a SHEA representative to meet with the new employees for up to 15 minutes at the end of the initial orientation meeting. If an employee is scheduled to receive orientation in fewer than 10 days from the date of hire, then the City will provide SHEA with as much advance notice as reasonably possible of the scheduled orientation meeting.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

To insure that the City is able to fulfill its constitutional and statutory functions and responsibilities, the City retains its rights, including, but not limited to, the right to direct the work force; to select and determine the number of employees and skills required; to determine job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with requirements of the City; to establish and change Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to determine and change methods of operations; to determine and change work locations and the processes and materials to the employee; to take all necessary actions to perform its functions in emergencies.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 4

DEFINITIONS
The words and terms have the following meanings:

Anniversary. The date upon which service time is computed for purposes of step advancement and accrual of vacation and sick leave benefits. (Usually the date of first employment.) Average Work Day. In any case for which the time period to be considered is twelve calendar months, the average work day is the number of hours worked in the preceding twelve months, divided by two thousand eighty, then multiplied by eight.

Benefits or Benefit Package. City-paid Insurance, paid leaves, holidays, and other non-salary items which are part of the compensation paid to any employee.

City. The City of St. Helena, California.

City Manager. The administrative head of the government of the City. The City Manager is responsible for the efficient administration of the affairs of the city, which affairs are under his or her control. The City Manager is considered a Department Head. The City Manager reports to and serves at the pleasure of the Council.

City Service. All positions in all departments and agencies of the City that are subject to control and regulation by the City Council of the City of St. Helena.

Classification. A particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or Compensation may fairly be made to apply.

Compensation. The salary, wages, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of his or her service in a Position, but not including reimbursement for expenses incurred in the course of employment.

Confidential Employee. An employee having access in the course of his/her duties to confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information to the Association.

Continuous Employment. Period of uninterrupted employment including holidays and authorized leave but not including periods of leave without pay or times on suspension.

Council. The City Council of the City of St. Helena.

Department Head. A member of the managerial staff of the City, consisting of the City Manager, the Assistant City Manager, the Fire Chief, the Police Chief, the City Clerk, the Director of Public Works, Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

the Planning & Building Director, the Library Director, the Parks & Recreation Director, the Administrative Services Director and the City Attorney.

Emergency. Emergency shall include an event that damages or continues to threaten damage to the public health, safety, welfare, or property and shall include but not be limited to the following:

The repair or clearance of streets necessary for continued access to properties, including street sweeping.

The repair of public utility facilities.

The repair of City equipment necessary to maintain public safety services.

Activities associated with natural or man-made catastrophe.

Ongoing investigation, surveillance, or similar police activities and the obtaining and serving of search warrants.

Shortage of personnel necessary to maintain public safety services.

Employee. A person legally occupying a full-time Position or office in the City Service that is listed in Article 2, and receiving compensation for services, other than an independent contractor. Employee and Full-Time Employee have the same meaning as used in this MOU.

Full-Time Employee. An employee who regularly works forty hours per week and is paid a monthly salary.

Job Description. A formal account of an employee’s responsibilities in regards to their classification and position.

Non-Probationary Employee. An employee who has successfully completed the Probationary Period.

Position. The title of an occupation along with a group of duties and responsibilities assigned or delegated by competent authority, which requires the full or part time service of one person.

Probationary Employee. An employee who has not yet completed a prescribed Probationary Period.

Probationary Period. The length of continuous service for which an employee must serve in order to attain the status of Non-Probationary Employee.

Salary or Pay. The monetary portion of compensation paid to an employee.

Standby. A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This will normally include either remaining at his/her home telephone or otherwise arranging for the immediate and convenient notification of an emergency condition, and being prepared to immediately report to the site of the emergency.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

Supervisor. The mid-management staff of the City to include the designated assistant to a Department Head or the head of a sub-department or division of a department.

Title. The name applied to a Classification or to each Position included in the Classification.

Work Day. One calendar day during which an employee is normally scheduled to work. If the employee is engaged in shift work that begins on one calendar day and ends on the following day, only one work day is denoted. The number of hours of work contained in a calendar day for a given employee, in no case more than eight hours for a Full-Time Employee unless specified otherwise.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 5

HOURS OF WORK & SCHEDULES
A. BUSINESS HOURS.

The normal business hours of the City are from 8:00 a.m. to 5:00 p.m. Monday through Friday, except:
 Library hours may vary.
 Parks hours include Saturday and Sunday.
 Streets, Parks, Water, Water Treatment and Waste Water Treatment Department Hours are from 7:00 a.m. to 3:30 p.m.
 Hours of operation differing from these guidelines may be established for any office or Department in order to meet the needs of the City and the citizens of St.

Helena.

Employee work schedules shall be established consistently with the provisions of this Article 5.

The City will provide SHEA and any affected employee with at least 21 days’ notice before making a permanent change to the employee’s work schedule.

B. HOURS OF WORK.

Five (5) days of eight (8) hours per day for forty (40) hours per week constitute the normal work schedule for all employees. The standard workweek for these employees shall begin on Sunday at 12:01 a.m. and end of the following Sunday at 12:00 a.m. To the maximum extent practicable, work schedules for employees not working normal business hours shall be arranged so that the employee will work for five (5) consecutive eight (8) hours days, followed by two (2) days off.

Employees are expected to be at their assigned place of work and prepared to commence work with tools at hand at the assigned time.

C. FLEX SCHEDULE.

1. Eligibility.

A Flex Schedule is available to Association employees in order to allow them time during the workweek to accomplish tasks which do not require public contact (i.e., outside of the 8:00 a.m. to 5:00 p.m. public hours).

The Flex Schedule is voluntary, and subject to agreement by the employee and approval by the Department Head. Except in cases of emergency, the Department Head must provide at least 30 days’ notice to terminate an employee’s Flex Schedule.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

The Flex Schedule will not impact the accrual of vacation, Sick Leave or other benefits. Vacation time or Sick Leave time will be deducted at the number of hours per day for those days which the leave is taken. For example, if an employee is absent on a day he or she was scheduled to work nine (9) hours, nine (9) hours of leave time shall be deducted, and if the employee is absent on a day he or she was scheduled to work eight (8) hours, eight (8) hours of leave time shall be deducted.

2. 9/80 Schedule and Workweek.

Employees on a 9/80 schedule are scheduled to work eight (8) nine hour days, one (1) eight hour day, and will have one (1) day off every two weeks.

The scheduled one (1) day off every two weeks shall be either Monday or Friday as approved by the Department Head, but must be consistent from week to week. Employees cannot change or flex their scheduled one (1) day off, unless the change is intended to be permanent and approved by the City.

For all employees working a 9/80 schedule, their workweek shall begin exactly four (4) hours into their eight (8) hour shift on the day of the week which constitutes their alternating day off.

For example, for an employee scheduled to work from 8:00 a.m. – 6:00 p.m. with every other Friday off, the workweek shall begin at noon on Friday, and end at noon the following Friday. a. Employees Scheduled with Every other Friday Off.

During a two week cycle, an employee working the 9/80 Flex Schedule will work nine hours per day Monday through Thursday and eight hours on Friday the first week. During the second week, the employee will work nine hours per day Monday through Thursday and be off on Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four hours into the employee’s eight hour shift.

In those instances where a holiday falls on the Friday-Off, the preceding work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time off; or (2) working one additional hour on a scheduled work day during the same workweek that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of nine hours per day Monday – Thursday and in excess of eight Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

hours on Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA. b. Employees Scheduled with Every Other Monday Off
During a two week cycle, an employee working the 9/80 Flex Schedule will work eight hours on Monday and nine hours per day Tuesday through Friday the first week.

During the second week, the employee will be off on Monday and work nine hours per day Tuesday through Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four (4) hours into the employee’s eight (8) hour shift.

In those instances where a holiday falls on the Monday-Off, the subsequent work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time-off; or (2) working one additional hour on a scheduled work day during the same work week that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of eight hours on Monday and in excess of nine hours per day Tuesday – Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA.

D. MEAL BREAKS.

Full-Time Employees are scheduled a period of between 30 and 60 minutes, generally in the middle of the workday, during which they are free to eat a meal or do personal errands. Unless directed otherwise, employees are not paid for this time and are free to leave the workplace.

E. REST BREAKS.

For each four (4) hours of work, conditions permitting, employees are granted a fifteen (15) minute rest break during which they may engage in personal conversations, move about, and otherwise “take a break” from the normal duties of their assignments. This time will be paid by the City as part of the workday.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

F. SHEA ATTENDANCE AT BUDGET MEETINGS.

One Association officer shall be permitted to attend Council budget meetings held during work hours provided their absence does not create a hardship in the employee’s department nor require employee overtime.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 6

PERSONNEL MATTERS
A. PROBATIONARY PERIOD.

1. Probationary Period.

Each new Employee shall be a Probationary Employee until successful completion of 12 months of Continuous Employment. The purpose of the Probationary Period is to give the Probationary Employee the opportunity to demonstrate that he or she is qualified, able, and willing to meet the expectations of the City with regard to the Position.

2. Termination During Probationary Period.

If at any time prior to successful completion of the Probationary Period the City Manager determines that it is in the best interest of the City to terminate the employment of the Probationary Employee, it will be in his or her discretion to do so without further justification. Probationary Employees are not entitled to the Disciplinary and Appeal Procedures set forth in Article 14 of this MOU and may be terminated at will, with or without notice.

3. Extension of Probationary Period.

If it appears that the employee will not successfully complete the prescribed Probationary Period, the City Manager also has the discretion of extending the Probationary Period once for an additional six months, if the City Manager feels it is in the best interest of the City to do so.

B. EMPLOYEE EVALUATIONS.

1. Each employee shall be evaluated no less than annually by his/her Supervisor, according to a system approved by the City Manager. Each employee’s evaluation shall be reviewed with the employee by the Department Head, after which the employee is expected to sign the evaluation.

Signing the evaluation does not indicate agreement with that evaluation, and the employee may submit reasonable comments in explanation or rebuttal to its contents. After review by the City Manager, employee evaluations, including reasonable material submitted by the employee, will be placed in the employee’s personnel file. A satisfactory or above evaluation must be obtained before each promotion, Classification upgrade, or step increase is granted.

2. Upon successful completion of the term during which the employee is being evaluated, the employee shall be immediately upgraded to the appropriate level of pay applicable to each employee's individual classification. Under no circumstances shall the supervisor or the City delay effectuation of the employees pay increase resulting from the employee's successful completion of the term of their evaluation.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

In the event a supervisor cannot complete a timely evaluation and the evaluation is to be satisfactory, the supervisor will approve HR’s submission of a personnel action form to effectuate any eligible pay increase before the satisfactory evaluation is completed.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 7

PAY PLAN
A. SALARY SCHEDULE
Salaries paid and any special compensation shall be in accordance with the most recent applicable salary resolution adopted by the City Council, and any amendments thereto. Such resolutions are hereby incorporated as part of this MOU and are available from the City Clerk. During the term of this MOU, the salary schedules shall be increased as follows:
7/1/252 – COLA increase of 53% to the for all SHEA salary schedulemembers

1. 7/1/23 – San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%

2. 7/1/24 - San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%
B. EQUITY ADJUSTMENT
The City will provide equity adjustments for SHEA represented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both the City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation. Ralph Anderson & Associates provided updated information to the City in May 2022 based off the cities/entities used in the previous study. Attachment A provides a summary of the percent increase in salary to arrive at market median (95%) for each SHEA position as of May 2022.

Equity adjustments will take place every 6 months until each classification is within the range and will be as follows:
 7/1/22 – Equity adjustment of 4.5%
 1/1/23 – 2% equity adjustment
 7/1/23 – 2% equity adjustment
 1/1/24 – 2% equity adjustment
 7/1/24 – 2% equity adjustment
 1/1/25 – 2% equity adjustment
July 1st equity adjustments will be combined with the COLA for salary adjustment calculations.

C. SALARY UPON APPOINTMENT.

Employees appointed to a Position in City Service shall normally be placed in Step “A” of the range. Subject to approval of the City Manager for reasons of an applicant’s outstanding qualifications or for the needs of the City, appointment may be at a higher step. A current City Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

employee being promoted into a range with a higher top step will normally receive at least a five percent (5%) increase.

D. STEP INCREASES.

1. Steps.

Upon completion of the following periods of service, a Full-Time Employee becomes eligible for the next higher step as follows:
 Six (6) months at Step A to become eligible for Step B  Six (6) months at Step B to become eligible for Step C  Six (6) months at Step C to become eligible for Step D  Twelve (12) months at Step D to become eligible for Step E

2. Qualifications for Step Increase.
a. Employees may be granted a step increase after having served for the designated qualifying period and after a performance evaluation finding that the employee’s performance was not less than satisfactory.
b. In unusual cases, upon recommendation of the Department Head, where special ability and aptitude is demonstrated, the City Manager may approve advancement of an employee to a higher step before completion of the normal qualifying period.

E. COST OF LIVING ADJUSTMENT (COLA).

In considering COLAs for subsequent agreements, the parties will consider the San Francisco/Oakland/Hayward CPI-U (April/April).

F. HOURLY RATES.

Where any annual pay rate is to be converted to a salary hourly equivalent, the annual rate of pay shall be divided by 2080 to determine the hourly rate. Daily rates are equivalent to the appropriate hourly rate multiplied by eight (8) hours.

G. OVERTIME.

1. General Policy.

Employees must get pre-approval from their supervisor before working overtime. In cases of emergency or other unusual unforeseen circumstances, if the employee’s supervisor is not available to approve the overtime work in advance, the employee shall contact the employee’s department head, Administrative Services Director, Assistant City Manager, or, City Manager as soon as possible to seek approval of the overtime Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

work, and may begin critical overtime work without specific advance authorization if needed to address emergency situations.

2. Overtime Compensation.

Unless the employee is working a Flex Schedule (see Article 5, section C.2 , above), work in excess of eight (8) hours per day or forty (40) hours in a workweek, shall be paid at the rate of one and one-half (1.5) times the regular rate of pay; work in excess of twelve (12) hours per day shall be paid at the rate of twice the regular rate of pay. If the employee requests, a Department Head may, at his/her discretion, approve the accumulation of compensatory time to be taken off in lieu of overtime pay. An employee may accumulate up to a maximum of eighty (80) hours of compensatory time. When earned, compensatory time is accumulated at the same rate as if it were to be paid (i.e., at the rate of 1.5 times the regular rate for hours above 8 but less than 12 in one day).

3. Compensatory Time Off.

An employee, who has accumulated compensatory time as described in Subsection 7.F.2 above, may request time off, to be charged against the accumulated compensatory time.

The Department Head will permit the requesting employee to use the time within a reasonable period after the request is made unless using the time will unduly disrupt the City’s operations.

4. Overtime Meal.

If an employee is required to work more than twelve (12) hours with no breaks longer than one (1) hour, the City will provide that employee a meal.

H. HOLIDAY PAY ON HOLIDAYS.

When required to work on a holiday, an employee shall be paid twice the rate of pay at which the employee would be paid on a non-holiday. This section is not applicable to Standby Pay since call-out is not a normal designated work day.

I. STANDBY PAY.

On a rotational basis, the Public Works employees shall be assigned to provide standby coverage for an entire week (Friday 3:30 pm until the following Friday at 7:00 am). The employee shall take a city vehicle home when scheduled for this assignment and the compensation for the standby period shall be $525.00 for said week. If a holiday falls on the Friday at the end of the of the standby period the employee shall receive an additional $100.00 for the extension of the standby assignment. The same would apply if the holiday falls on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the following Friday.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

Public Works employees shall be compensated in 15 minute increments for time worked while on standby handling phone calls from dispatch. City management shall develop a process for including such time on employee timesheets.

J. MINIMUM CALLOUT TIME.

The minimum time charged for being called to work for an emergency shall be two (2) hours (home to home). In addition, such call out time shall be paid at the overtime rate.

K. LONGEVITY PAY.

Full-Time Employees shall be eligible to receive longevity pay according to the dates and rates below:

Years of Continuous City Employment Total Longevity Pay 5 years 2.5% of base salary
10 years 5.0% of base salary
15 years 7.5% of base salary
20 years 10% of base salary
L. BILINGUAL PAY.

Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business. For employees who are certified as fluent in both written and verbal Spanish language, such pay will be five percent (5%) of the designated employee’s base salary. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and onehalf percent (2.5%) of the designated employee’s base salary. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.

M. OUT-OF-CLASS PAY.

Pay for Performing Full Duties of Higher Class
When, because of the absence of a Department Head or other Supervisory personnel, an employee performs substantially all of the functions (full-time) of the higher Classification, the employee will receive an increase of ten percent (10%) of his/her base hourly equivalent wage.

The increase will be effective after the third (3rd) week of the assumption of those duties and continue during the period those duties are being performed by the employee on a full-time basis.

Out-Of-Class-Pay must be pre-approved, in writing, by a Department Head or the City Manager.

Pay for Performing Partial Duties of Higher Class
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

When an Employee is temporarily assigned for at least a period of one month to perform substantial functions of a higher classification for at least a period of one month, but does not perform those additional duties on a full-time basis and/or the Employee assigned to the position normally responsible for the duties is not absent, and/or the duties relate to a temporary project that would be assigned to a higher classification position but cannot be so assigned (as determined in the sole discretion of the City Manager) due to competing operational needs and workload, the City Manager has the discretion to provide an increase of up to ten percent (10%) of the Employee’s normal base wage effective on the first day of assumption of the substantial additional duties and continuing until the City Manager determines that the assignment of the additional duties ceases. This additional pay is provided at the City Manager’s sole discretion and must be pre-approved in writing. Under current CalPERS rules and regulations, this pay for performing partial duties of the higher class is not reportable special compensation.

N. REPORTING TIME WORKED.

Employees are responsible for reporting on a prescribed form, all hours worked and leave taken during the pay period. The employee is responsible for securing the signature of his/her immediate Supervisor on the form, indicating approval of the hours submitted. The employee is also responsible for seeing that the required documentation for approved leave or overtime worked is attached to the time report. In the event employees are unable to accurately report all time, due to the need to submit the time report prior to the end of the pay period, they shall be responsible for bringing that fact to the attention of their Department Head(s) as soon as practicable, so the payroll records can be adjusted accordingly.

O. SHIFT DIFFERENTIAL

1. Shift differential for purposes of the article is defined as a shift that occurs on a Saturday or Sunday.

2. Any miscellaneous employee who works an assigned regular time shift as described in “1” above, shall be paid an additional five percent (5%) of their base hourly rate for each hour worked. No shift differential will be paid on sick leave, vacation, CTO or any other time-off or for hours worked as a result of being called in while on standby.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 8

TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE.

1. Rate of Accrual or Award.

Employees shall accrue or be awarded vacation pay based on their years of Continuous Employment at the following rates:
a. Less than five years of Continuous Employment: Full-Time Employees earn vacation at the rate of ten days per year. Vacation accrues on a monthly basis (six hours and forty minutes per month).
b. After five years of Continuous Employment with the City, Full-Time Employees will accrue vacation at the rate of fifteen days per year; after six years, sixteen days; after seven years, seventeen days; eight years, eighteen days; nine years, nineteen days; and ten years, twenty days per year.
c. After twenty-five years of Continuous Employment with the City, Full-Time Employees will earn one additional day of vacation each year and continue to earn one additional day of vacation every five years thereafter.

2. Administration.
a. Approving Authority: Department Heads shall have the authority to schedule Vacation Leave according to the needs of the service and the wishes of the employee, in that order.
b. Leave Requests: An employee's request for approval of Vacation Leave shall be made in writing to the Department Head. Except in the case of an emergency, a request for leave for one to three days should be made at least two days before the commencement of the leave. A leave in excess of three days should be made at least three days prior to the commencement of the leave. c. Holidays: If a holiday recognized by the City occurs during Vacation Leave, absence for that holiday shall be charged as Holiday Leave and not as Vacation Leave.
d. Leave Accumulation: Except with the approval of the Council, accumulated Vacation Leave shall not exceed three hundred and eighty (380) hours and all employees who have accumulated at least eighty (80) hours of vacation shall expend at least eighty (80) Vacation Leave hours per calendar year with at least forty (40) hours being consecutive.

Any employee in a position represented by SHEA, who has more than 320 hours of accrued vacation leave, may have the option to receive a cash payment in lieu of their requested vacation time. This option to receive a cash payment in lieu of vacation time will only be available if (1) the employee has filed a written request for leave at least 30 days prior to the commencement of the leave; and (2) management denies the employee’s request for leave because of department workload and staffing needs. Any payment in lieu of requested vacation time will Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

not be PERSable and will not be credited towards the employee’s single highest year compensation for retirement purposes. This provision shall not apply to leave which is denied for a requested period due to management’s approval of leave for other employees and in which leave would still be available for a period close to the requested vacation period.

Leave Award and Compensation: Vacation Leave shall begin to be earned by an employee upon employment. In the event of a separation of employment, any unused accrued or awarded Vacation Leave shall be compensated with a lump sum payment based on the employee’s current rate of pay and included with the employee’s final paycheck.

Eligibility and Use: An employee may not take Vacation Leave until after the completion of six months of Continuous Employment. Vacation Leave shall be taken in not less than fifteen minute increments.

B. HOLIDAYS.

1. Holidays.

The following holidays shall be recognized for all Association employees:

New Year's Day (January 1st)
Martin Luther King Day (Third Monday in January)
President's Day (Third Monday in February)
Cesar Chavez Day (March 31)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (First Monday in September)
Veteran's Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving
Christmas Eve Day (December 24th)
Christmas Day (December 25th)

2. Exceptions.

When a holiday falls on a Saturday, the preceding Friday shall be deemed holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When Christmas Eve falls on a Friday, the preceding Thursday shall be deemed a holiday. When Christmas day falls on a Monday, the following Tuesday shall be deemed a holiday. When Christmas falls on a Thursday, the following Friday shall be a holiday in lieu of Christmas Eve Day

3. Observance.

Except for emergency services, all City offices shall be closed on recognized holidays established Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

by Council resolution or ordinance.

4. Holiday Pay
Full-Time Employees shall receive full pay provided they are employed and in a paid status on the first working day prior to and following the holiday.

C. PERSONAL CONVENIENCE HOLIDAY.

Each Full-Time Employee shall be eligible for two (2) Personal Convenience Holidays of eight (8) hours each per year. After five years of Continuous Employment, Full-Time Employees shall be eligible for an additional three (3) Personal Convenience Holidays each year. Personal Convenience Holidays are granted on January 1st of each year and must be used prior to the end of the calendar year and will not accrue. They may be taken at the employee's convenience, subject to the Department Head's approval. These Personal Convenience Holidays shall not incur additional expense to the City, e.g., causing another employee to work overtime, etc. Each Personal Convenience Holiday must be taken as a full day off. Employees do not receive Personal Convenience Holidays during the calendar year in which they are hired.

City shall provide for the duration of this contract only, a one-time additional paid day off on Friday, December 26th for all members.

D. SICK LEAVE AND FITNESS FOR DUTY.

1. Accrual and Use.

Employees shall accrue and use sick leave in accordance with City of St. Helena Personnel/Administrative Sick Policy and the provisions of this Article 8(D). The provisions of this Article 8(D) shall supersede any inconsistent provisions of the Sick Leave.

Sick leave with pay shall accrue to all Full-Time Employees at the rate of one work day for each calendar month of service, with no limit to its maximum accumulation.

2. Administration/Fitness for Duty.

When the employee’s need to use sick leave is foreseeable (for example, prescheduled appointments), the employee must provide reasonable advance notice to his/her immediate supervisor or Department manager of the need to use sick leave and its probable duration, if known. In all other situations, an employee who must be absent from work shall personally (if able) notify his or her immediate superior or Department Head as soon as reasonably possible, and at least before or within the first thirty minutes of the absence. An employee may be required to provide a physician's certificate for absence due to illness of more than three working days or at the request of the Department Head. If the City requires an employee to provide a physician’s certificate for an absence pursuant to this paragraph, and the employee had not already seen or Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

planned to see the physician for the illness or injury, the City shall reimburse the employee for the cost of any required co-pay associated with the visit to the physician if the visit was required solely to comply with the requirement to obtain the certificate of illness or injury.

When the City Manager determines that it is job-related and consistent with business necessity, an employee may be required to submit to an examination by a licensed physician designated by the City and at the City’s expense to determine whether the employee is still able to perform the essential functions of his or her job. Any information obtained about the Employee’s health condition shall be treated confidentially as provided by federal and state law.

3. Reasons for Granting.

Sick leave shall be granted to eligible employees for the following reasons:
a. For the diagnosis, care or treatment of an existing health condition, or preventive care for the employee or a family member.
b. Sick leave with pay for illness or injury of a family member, subject to the limitations in Section D.4 of this Article.
c. Enforced quarantine of the employee in accordance with community health regulations.
d. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to obtain relief or attempt to obtain relief to help ensure his or her health, safety, or welfare, or that of his or her child(ren), to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons.
e. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to seek medical attention, to obtain services from a domestic violence program or psychological counseling, or to participate in safety planning, to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons. f. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.
g. Complication or disability resulting from or contributed to any pregnancy, termination of pregnancy, or recovery therefrom.

4. Limitations and Related Provisions.
a. An employee may use Sick Leave, in an amount not to exceed one-half of their annual accrual, or six days, to attend to an illness of a family member. This includes attending to the serious injury or illness of a family member covered under the Family Medical Leave Act and/or California Family Rights Act. b. For the purposes of using sick leave under this Article, “family member” shall mean an employee’s parent, child, spouse, registered domestic partner, parent-inlaw, sibling, grandchild, or grandparent.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

c. In the event of absence from work due to a work-related injury, an employee may receive pay for accrued Sick Leave to the extent necessary to supplement worker's compensation payments to effectively raise the employee's pay received to the level of full-time pay. For a new employee who, at the time of a work-related injury, has not yet earned three days of Sick Leave, up to three days of Sick Leave may be advanced from anticipated future Sick Leave accruals as required to meet this described use.

5. Sick Leave Abuse.
“Sick leave abuse” shall mean: “any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary action as determined necessary to deter future abuse.

6. Pay-out of Sick Leave at Termination of Employment.
a. Effective July 1, 2012, the City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2012.

Upon separation in good standing from City employment, the City will pay the employee for unused Sick Leave in the following amount: The total number of hours of Sick Leave accumulated multiplied by the hourly rate of pay of the employee at the time of separation, divided by two (2). An employee is not “separating in good standing” if proceedings to terminate the employee have been initiated or concluded in accordance with the provisions of Article 14, Resignation, Termination or Disciplinary Action. When an employee uses sick leave, City will first reduce employee sick leave balances from sick leave accrued after July 1, 2012.
b. An employee’s termination of employment for reasons of illness, verified by doctor certifications relative to the nature, gravity, and duration of the illness (including maternity) may be paid a lump sum for all Sick Leave accrued and unused at the time of such termination.
c. An employee who retires or otherwise terminates his or her employment after a finding of industrial disability may not exhaust his or her Sick Leave before the retirement becomes effective.

E. BEREAVEMENT LEAVE.

All Full-Time Employees shall be allowed a leave of absence with full pay, not to exceed three (3) working days, or five (5) working days if the death occurs out of State, when such absence is due to death in the immediate family. Those in immediate family are: mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee, and the spouse, son, domestic partner son-in-law, daughter, daughter-in-law, Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

brother, or sister of the employee, or any relative living in the immediate household of the employee.

F. JURY OR WITNESS DUTY.

1. All employees shall be granted time off to serve, as required by law, on a jury or grand jury if the employee provides reasonable advance notice to the City. Leave with full pay shall be granted to Full-Time Employees for jury duty or when called as a witness for a job related law suit. Any compensation received for jury duty, excluding mileage and similar expense reimbursements, shall be remitted to the City.

2. Leave without pay shall be granted to all employees to appear in court or other judicial proceedings as a witness to comply with a valid subpoena or court order.

G. ADMINISTRATIVE LEAVE WITH PAY.

Administrative Leave with Pay may be assigned to employees by the City Manager if it appears to be in the best interest of the City. In the event such leave is assigned, the City Manager will report to the Council the facts and circumstances of such leave as soon as is practicable.

H. DISCRETIONARY LEAVE WITHOUT PAY.

1. Permissible reasons for leave.

Discretionary Leave Without Pay may be granted by the City Manager as follows:
a. For personal reasons which are approved by the City Manager. b. For reason of illness in the event Sick Leave has been exhausted. c. In conjunction with Pregnancy Disability or FMLA Leave. d. To pursue a course of education which will increase the employee's usefulness as a City employee.

2. Procedure.
a. The employee shall provide at least 30 days advance notice of the need for leave without pay, whenever possible. If 30 days’ notice is not practicable, the employee shall request the leave as soon as practicable. b. An employee’s request for Discretionary Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence. The City Manager has the discretion of approving or rejecting the request.
c. In the case of extended illness the Department Head shall notify the City Manager at such time as the employee has expended all Sick Leave and shall submit a regular status report thereafter pending consideration of termination, disability, retirement, or temporary replacement.

3. Regulations Relative to Discretionary Leave Without Pay are as Follows. a. The City Manager may grant Discretionary Leave Without Pay in his or her discretion and only when, in the opinion of the City Manager, it is in the best interest of the City.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

b. In the case of illness, Discretionary Leave Without Pay shall commence at such time as Sick Leave is expended except that the employee may elect to expend any other leave prior to utilizing Discretionary Leave Without Pay. c. Except in cases of absence due to illness, Discretionary Leave Without Pay shall be deducted from service time for purposes of computing longevity, time in service, seniority, or for any other purpose.
d. Vacation or Sick Leave shall not accrue nor shall Holiday Pay be awarded during periods of leave without pay.
e. Unless the employee notifies the City Manager at the time of the request for Discretionary Leave Without Pay that he or she elects to pay the premiums for continuation of Health, Dental, and Insurance Benefits, those benefits will be terminated beginning with the calendar month following the start of the unpaid leave. If that election is made and the leave is approved, it is the responsibility of the employee to submit payment to the City such that it is received prior to the City processing payment to the insurance carrier. The City will not make a premium payment in anticipation of receipt of the payment from the employee. f. Reinstatement of all benefits shall occur at the first opportunity following the employee's return to duty.
g. Discretionary Leave Without Pay will not normally be approved until Sick Leave (if medically justified), Vacation Leave, and Comp Time have been exhausted. h. Retirement benefits shall be adjusted for leave without pay in accordance with Public Employees' Retirement System's (PERS) regulations. i. An employee shall, upon completion of authorized leave without pay, be reinstated to the Position held at the time of commencement of leave and at the salary range and step previously held.

I. PREGNANCY DISABILITY LEAVE
To the extent required by law, the City shall grant a leave of absence without pay to any probationary or permanent employee who becomes disabled as a result of pregnancy, which disability prevents her from performing the duties of her position. Such leave shall not exceed four months whether or not it is combined with sick leave, vacation, compensatory time off and/or leave without pay. Employee benefits will continue to be paid by the City during approved short-term leave. This paragraph shall be implemented consistently with the requirements of California’s Pregnancy Disability Leave law and the federal Family Medical Leave Act. (See also the City’s Employee Handbook.)
J. CFRA AND FMLA LEAVE
The Employee Handbook addresses leave rights under the federal Family and Medical Leave Act and the California Family Rights Act (also referred to as the California Medical Leave Act).

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 9

CERTIFICATION AND OTHER BENEFITS
A. SPECIALIZED SCHOOLS AND TRAINING, AND CERTIFICATION PAY.

1. Specialized Schools and Training.

Individual Full-Time employees will be reimbursed for up to $500.00 per year in educational expenses for job-related courses. The total amount reimbursed to all employees in the unit represented by the Association through this program will not exceed $6,000.00 per year. Employees will be reimbursed on a first-come, first-served basis, subject to the City Manager’s determination that a course or training is job-related. This provision does not include payment of fees or tuition for course work taken in pursuit of an academic degree.

2. Tuition Reimbursement.
a. The City of St. Helena encourages professional growth which is beneficial to both the City and the employee. The City will provide reimbursements for employees up to $13,500 per fiscal year for the cost of books and tuition incurred for which the employee earns college credits for classes taken in pursuit of an academic 4-year degree or 2-year Master’s Degree from an accredited college or university, which would promote professional development within City of St. Helena employment. The program is voluntary.
b. Courses require pre-approval prior to the date of enrollment in the course to ensure the expense is eligivleeligible under the MOU.
a.c.The combined amount of reimbursement for this section and section 1 above cannot exceed $13,500 per year per employee.

2.3. Certification Pay.
a. In recognition of the fact that certain functions cannot be performed without special governmental certification or licensing, the City will pay one hundred FifSeventy Dollars ($57100.00) per month for:
 “Operator cross-certification” (Class I or above) for employees assigned to the Water Treatment Plant or Waste Water Treatment Plant, enabling those employees to perform duties at the other plant;
 A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the City; Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

 Certification for back-flow prevention devices for Public Works employees.
 Playground Inspection Certification for employees working in the Parks Division.
 Arborist Certificate for employees working in the Parks Division.
 Wastewater Collection Certificate
b. FiftyOne Hundred Dollars ($5100.00) per month and any required physical examinations, the cost to renew the Class B license, and the appropriate time necessary during normal work hours to test for a Class B driver’s license, if the Director of Public Works, on a person-by-person basis, certifies the necessity to the City for such license and the City Manager authorizes.

B. UNIFORMS.

1. As a condition of employment, the City requires appropriate apparel or uniforms to be worn during work hours.

2. The City will provide uniforms to employees in the following Public Works positions:

Public Works Supervisor, Maintenance Worker I, Maintenance Worker II, Maintenance Worker III, Maintenance Lead Worker, Chief Water Distribution Operator, Plant Operator in Training, Plant Operator I, Plant Operator II, Plant Operator III, Chief Plant Operator.
a. Employees Assigned to Water Distribution and Public Works For employees assigned to Water Distribution and Public Works, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year. The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $35.49 per pay period. b. Employees Assigned to Parks-Trees-Buildings
For employees assigned to Parks-Trees-Buildings, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $33.06 per pay period. c. Employees Assigned to the Wastewater Treatment Plant Chief Plant Operator and Plant Operator II - For employees assigned to the Wastewater Treatment Plant, except for employees in the Plant Operator III Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

classification, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.. The value of these uniforms is $9.29 per pay period. The City does not provide uniform cleaning for these Employees assigned to the Wastewater Treatment Plant.

Plant Operator III - For employees assigned to the Wastewater Treatment Plant in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts per year. The value of these uniforms is $5.79 per pay period.

The City does not provide uniform cleaning for the City Polo Shirts. Additionally, the City shall provide coveralls which are solely for personal health and safety purposes of the employee. The City will provide and pay for regular uniform cleaning service for the coveralls.
d. Employees Assigned to the Water Treatment Plant
For employees assigned to the Water Treatment Plant, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

The value of these uniforms is $11.49 per pay period for each employee. The City does not provide uniform cleaning for Employees assigned to the Water Treatment Plant.
e. Safety Reflective Coat and Safety Boots
In addition, the City will provide all employees in the classifications listed above in paragraph B.2 with one (1) safety coat on initial hire with a replacement coat provided on an as needed basis; one pair of OSHA approved steel toed boots or shoes to be replaced when warranted which can include orthotic insoles for safety boots or shoes as needed upon employee advance request.

In addition, the City will provide all employees in the classifications listed above in paragraph B.2. with one (1) safety reflective coat on initial hire with a replacement coat every 5 years, and one pair of OSHA approved safety steel toed boots or shoes to be replaced when warranted. The safety reflective coat and the safety boots are solely for personal health and safety purposes of the employee.

Any additional uniforms needed that are not covered by this MOU or law shall be supplied at the employee’s expense.

3. The parties acknowledge that the uniforms provided are not suitable for everyday wear, and that employees shall wear the provided uniforms only while on duty and traveling to and from work.

4. To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the required uniforms and cleaning service provided by numbers 2 and 4 above for classic members (as defined by CalPERS). For classic members, the City and employees will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. For example, classic members will be Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

required to make the required employee contribution on this amount. Pursuant to CalPERS regulations, the value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not count as special compensation.

C. TOOLS AND EQUIPMENT.

1. For employees, except the City Mechanic, all items of essential equipment and tools will be provided by the City, except that an employee may elect to provide all or any part of his/her own equipment and tools.

2. City-owned equipment and tools shall be used solely in the exercise of official City business.

3. The City Mechanic will personally furnish all hand tools necessary for normal general maintenance to vehicles and equipment. The city will reimburse the Mechanic for onehalf (1/2) the Mechanic’s cost of hand tools, up to One Hundred Fifty Dollars ($150.00) per year.

4. Care of Tools and Equipment.

Each employee having care or custody of City-owned property (including money) or equipment has a responsibility to take appropriate care of the property or equipment, including safeguarding it against theft or damage. Any employee becoming aware of the theft of, or malicious damage to City-owned property or equipment shall immediately report it to the Police Department.

5. For employees who are required to use a cell phone during normal course of their duties and/or are required to be on-call for the day, the City will provide a City issued cell phone.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 10

HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE
A. HEALTH INSURANCE.

The City will pay provide medical insurance for each Full-Time Employee and his or her eligible dependents. City is currently a member of Redwood Empire Municipal Insurance Fund (REMIF) and subject to their decisions regarding type and number of plans offered. Should REMIF propose material changes to the insurance plans, City will meet and confer on medical insurance options.

B. DENTAL INSURANCE.

The City will pay the full premium for dental insurance benefits for each Full-Time Employee and all dependent family members.

C. VISION INSURANCE.

Subject to REMIF approval, the City will obtain and pay the full premium for a REMIF Vision Plan for all Full-Time Employees.

D. LIFE INSURANCE.

The City will pay the full premium for a $25,000.00 life insurance plan to cover each Full-Time Employee. At the employee’s expense, an employee has the option to increase the amount of life insurance coverage up to an additional $20,000.00.

E. SUPPLEMENTAL LIFE INSURANCE.

The City does not provide, however Full-Time Employees may purchase additional supplemental life insurance.

F. DISABILITY INSURANCE.

The City will pay the full premium for the California State Disability Insurance program primary disability insurance plan covering each Full-Time Employee.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 11

RETIREMENT, SOCIAL SECURITY, DEFERRED

COMPENSATION AND DEPENDENT CARE ASSISTANCE
A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS).

Employees covered by this MOU are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as described in this Article 11, Section A.

1. Tier One: 2% at 55 Retirement Program – Employees Hired Before July 1, 2012 (Tier 1 Classic Members)
This Section 1 (including subsections) shall apply to employees hired before July 1, 2012:
a. 2% at 55 Pension Formula
The “2% @ 55” retirement program will be available to employees covered by this Section.
b. Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 1 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 20042. c. Required Employee Contributions
i. Member Contribution
Employees covered by this Section 1 shall continue to pay, through payroll deduction, the full 7.0% member contribution.
ii. Pension Cost Sharing
Effective January 9, 2016, employees covered by this Section 1 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

2. Tier Two: 2% at 60 Retirement Program for Employees Hired On or After July 1, 2012, and Before January 1, 2013, and Employees Qualified for Reciprocity (Tier Two Classic Members)
This Section 2 (including subsections) shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, this Section 2 (including subsections) shall apply to employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:
a. 2% at 60 Pension Formula
The “2% @ 60” retirement program will be available to employees covered by this Section 2.
b. Final Compensation Based On 36-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 2 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
c. Required Employee Contributions
i. Employees covered by this Section 2 shall continue to pay, through payroll deduction, the 7.0% member contribution.
ii. Pension Cost Sharing
Effective the first full pay period in January 2016, employees covered by this Section 2 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

3. Tier Three: 2% at 62 PEPRA Retirement Tier Required For Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member) This Section 3 (including subsections) shall apply to employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c). a. 2% at 62 Pension Formula
The “2% @ 62” retirement program will be available to employees covered by this Section 3.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

b. Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for employees covered by this Section 3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32. c. Required Employee Contributions
i. Required 50% of Normal Costs
As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by this Section 3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.
ii. Pension Cost Sharing
Effective the first day of the first full pay period in January 2016, in addition to paying 50% of normal costs as described above, employees covered by this Section 3 shall pay, through payroll deduction, an additional 1.0% of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Government Code Section 20516.

4. Cost Sharing Implementation – All Tiers
The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee contributions will be made pursuant to Government Code Section 20516, Unit Member Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii), the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f) and shall extend beyond the expiration of this MOU and establish the status quo for purposes of future negotiations. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii).

5. Converting Sick Leave Balance
An employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965. Any accrued unused sick leave credit Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

that is paid out at termination pursuant to Article 8(D)(6) will not be available for conversion to service credit.

6. Other Options Included In CalPERS Contract
Employees shall be eligible for other options included in the City’s contract with CalPERS as stated in that contract, and allowed by law.

7. Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

8. All Provisions Subject to Requirements of Law
The parties recognize and agree that the City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this MOU and related practices, the City will comply with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or MOU terms.

B. SOCIAL SECURITY PAYMENT.

Employee contributions for Social Security are the responsibility of the employee and will not be reimbursed by the City.

C. DEFERRED
The City offers a deferred compensation plan under which employees may designate portions of their salaries to be deferred for tax purposes. The City will equally match an employee's deferred compensation contribution, not-to-exceed FiftySeventy-five Dollars ($750.00) per month. Employees may elect to make traditional (pre-tax) and/or ROTH (post-tax) contributions to the plan, up to the maximum allowed, under IRS rules.

D. CAFETERIA PLAN.

The City allows employees to deposit up to $5,000.00 of their before-tax earnings into an account and pay themselves back for certain enumerated personal and dependent care expenses with tax-free dollars pursuant to Internal Revenue Code Section 125.

E. RETIREMENT HEALTH SAVINGS ACCOUNT (RHS).

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

The City agrees to establish an RHS account through MissionSquare. The plan will be voluntary and contributions will be made by members as allowed under IRS rules.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 12

BENEFITS ON TERMINATION/RETIREMENT
Upon termination/retirement of employment, all benefits provided by the City to an employee shall be terminated with the following exceptions:

A. COBRA CONTINUATION.

A terminated employee may be entitled to certain insurance coverage opportunities under the federally mandated COBRA Program.

B. CONTINUATION OF CERTAIN INSURANCE POLICIES.

Upon retirement, an employee enrolled in an insurance program (other than life insurance) maintained or sponsored by the City, may continue to be enrolled in such program subject to the conditions set forth below.

1. Conditions.
a. That continued enrollment has the approval of the insurance company concerned. b. Enrollment will cease at such time as the City terminates or converts an insurance program.
c. The retired employee shall either regularly reimburse the City for the full premium payment or make payments directly to the insurance company. d. Unused Sick Leave, Vacation Leave and/or Comp Time may be credited toward health insurance premium in the manner set forth below.

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums.

Retiring employees have the option of applying 100% of their unused sick leave accrued prior to July 1, 2012, Vacation Leave and/or Comp Time toward the payment of continuation insurance premiums, to the extent allowed by law. The total number of hours of leave shall be multiplied by the hourly rate of the employee at the time of retirement. The City will first apply Sick Leave, then Vacation Leave and finally Comp Time to the payment of the premiums. If the employee dies before the Sick Leave, Vacation Leave and/or Comp Time is depleted, the City will make a lump sum payment, less applicable withholdings, to the employee’s estate, at the following rates: the remaining Sick Leave multiplied by the employee’s hourly rate at retirement multiplied by .50; the remaining Vacation Leave and/or Comp Time multiplied by the employee’s hourly rate at retirement.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 13

GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINED.

A grievance is a formal allegation by a member of the Association or by the Association on behalf of a member, regarding an alleged violation of a specific provision of this MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline, including the content of performance evaluations, layoff, demotion, reprimand, transfer, denial of reinstatement or denial of step increase. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

B. PROCEDURE.

1. Step 1: Informal Discussion.

Within ten (10) calendar days of the occurrence of an act in dispute or within ten (10) calendar days of when a member should reasonably have become aware of the occurrence of the act in dispute, an employee shall discuss it with his or her immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, he or she may proceed to Step 2.

2. Step 2: Department Head Determination.

Any dispute not resolved at Step 1 may be submitted to the Department Manager in writing within ten (10) calendar days after the Supervisor’s response in Step 1. The written statement should cite the specific provision of this MOU in dispute. A copy of the written statement shall be provided to the affected employee’s immediate Supervisor.

Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee and the Department Head who shall attempt to resolve the matter. The Department Head shall give the employee a written reply within five (5) calendar days after such meeting.

If the employee is not satisfied with the response, he or she may proceed to the next step.

3. Step 3: City Manager Review.

Any dispute not resolved at Step 2 may be submitted in writing to the City Manager, with copies of the Step 2 response, within five (5) calendar days after the Department Manager’s response. The City Manager shall provide written confirmation of receipt of the dispute to the employee, and shall schedule a meeting within five (5) calendar days, to discuss the matter with the employee. After consideration of the facts, the City Manager shall give his or her written decision to the employee within ten (10) calendar days after the meeting.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

4. Step 4: City Council Review.

If the employee is not satisfied with the decision, the employee may request a hearing before the City Council. Such request for hearing must be submitted in writing within fifteen (15) days of receipt of the City Manager’s decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council Agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options: (1) refuse to hear the appeal; (2) make a decision on the documentation submitted; or (3) hold a hearing after which they shall make a decision.

The decision of the City Council shall be final.

C. DEADLINES.

The parties may mutually agree to extend any of the above deadlines in writing. Either party may extend the deadlines for reasons of prolonged illness, canceled meetings, or in response to other unavoidable circumstances.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 14

RESIGNATION, TERMINATION AND DISCIPLINARY ACTION
A. RESIGNATION.

An employee wishing to leave his or her service to the City in good standing shall file with the Department Head, at least two (2) weeks prior to leaving City service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Office with a Personnel Action Form. Failure to give two (2) weeks’ notice shall be entered upon the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give the required notice shall be reported immediately to the Human Resources Manager by the Department Head.

B. EXIT INTERVIEW.

Any person leaving City employment shall have the opportunity to meet with the City Manager.

The purpose of the meeting shall be to allow the City Manager to receive, and the employee the opportunity to provide, the employee’s candid observation of City employment in order to help improve personnel management and departmental functioning. Such interviews normally shall be conducted no earlier than fifteen (15) days prior to nor more than fifteen (15) days later than the employee’s effective date of retirement or termination of employment.

C. DISCIPLINARY AUTHORITY.

A Full-Time Employee may be disciplined or discharged by his or her Department Head, but shall have the right to appeal the discipline or discharge for final determination by the City Manager as set forth below.

D. PROBATIONARY EMPLOYEES.

In accordance with the City’s policy on Probationary Employees, Probationary Employees are not entitled to the Disciplinary Procedures or Appeal rights set forth in this Article 14.

Probationary Employees are at-will employees and may be disciplined or terminated at-will, without notice and without cause. The City has no obligation to limit its reasons for discipline or termination to those set forth in Subparagraph H. The City’s willingness to discipline or terminate an employee in accordance with this Article 14 does not alter the at-will status of the Probationary Employee’s employment.

E. DISCIPLINARY ACTIONS.

For employees who have passed the probationary period the City generally will apply principles of progressive discipline in response to actions constituting cause for discipline that reasonably are subject to remediation. However, the City may discipline employees without progression, up to and including termination, in instances where the City reasonably determines that the action at issue is sufficiently serious and/or remediation is not appropriate.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

The following are appropriate disciplinary actions that may be taken as corrective measures.

1. Reprimand.

An employee may be reprimanded by his or her Supervisor, Department Head, or the City Manager. A reprimand may be either verbal or written. A note may be made of a verbal reprimand and placed in the employee’s personnel file, and a written reprimand will be placed in the employee’s personnel file. Grounds for reprimand include, but are not limited to those listed in Subparagraph H below. Reprimands are not subject to Discipline Procedures and the right to Appeal. However, the employee has the right to meet with the Supervisor/Department Head who issued the reprimand before the reprimand is placed in the employee’s personnel file. The employee may also rebut the reprimand by providing a written statement which will be included in the employee’s personnel file along with the written reprimand.

2. Suspension.

An employee may be suspended by his or her Department Head. Suspension may be imposed for disciplinary purposes or may be imposed pending investigation and possible discharge. While the matter is being investigated, employee shall continue to receive salary and benefits.

Suspension shall be for a fixed period of time. Grounds for suspension include, but are not limited to those listed in Subparagraph H below. Suspension of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

3. Reduction in Salary.

A Department Head may reduce the salary of an employee for disciplinary reasons, provided that such reduction shall be to a step or percentage within the salary range of the Classification held by the employee. A new Anniversary date (for purpose of salary increases only) shall be established as of the effective date of the reduction in salary, unless the reduction is for a specified period of time, in which case the Anniversary date would not change, or unless otherwise recommended by the Department Head. Reductions in salary of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

4. Demotion.

A Department Head may demote an employee for disciplinary reasons to any Classification with a lower salary, provided the employee meets the minimum qualifications for the lower-level class. The employee shall not be eligible for promotion for a period of six (6) months unless otherwise recommended by the Department Head. Disciplinary demotions of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

5. Dismissal.

A Department Head may dismiss an employee for Cause, as set forth in Subparagraph H, below.

Dismissal of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

F. DISCIPLINARY PROCEDURE.

1. Initial Investigation.

An alleged violation of policy, procedure, rules, regulations, directives, orders, or laws shall be investigated by the employee’s Supervisor or other designated investigator before the employee may be subject to discipline for the violation. The investigator shall complete a written report of the investigation, including the employee’s statement, the specific violations, all available facts related to the alleged violation(s), and statements of witnesses, if any. The investigator may recommend appropriate discipline. Based on the information received in the investigation, the Supervisor shall determine appropriate disciplinary action.

2. Notice of Proposed Discipline.

The Supervisor shall provide written notice of the proposed disciplinary action to the affected employee. The notice of proposed discipline shall contain the following information:
 A statement which clearly defines the intent to take action and the specific action to be taken;
 The date the action is intended to take effect;
 A statement of the rule(s) or regulation(s) that has/have allegedly been violated;  A statement of the specific action, charge(s), and facts on which the proposed action is based;
 Copies of the written materials, reports, and documents considered by the Department Head in his/her decision to impose the proposed action.  Notice of the employee’s right to respond to the charges, verbally or in writing, to the Department Head within seven (7) calendar days of receipt of the Notice of Proposed Discipline. A statement that the failure to respond within the prescribed time period following receipt of the Notice of Proposed Discipline shall constitute a waiver of the right to respond and the proposed discipline will be imposed.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

3. Proposed Discipline Deferred.

If the employee or designated representative requests the right to respond, either orally or in writing, the imposition of proposed discipline shall be deferred until after a pre-disciplinary (Skelly) hearing.

4. Pre-Disciplinary (Skelly) Hearing.

Where a written or oral response has been elected, the Department Head shall schedule, coordinate, and conduct a Pre-Disciplinary Hearing within ten (10) calendar days of the employee’s request. The purpose of the hearing is for the employee to provide additional information and facts relevant to the alleged violation in order for the Department Head to have all the facts prior to making a final decision regarding the proposed disciplinary action. The employee may elect to have representation at the hearing. If the employee fails to appear at or provide a written statement for the Pre-Disciplinary Hearing, his or her right to appeal the proposed discipline is forfeited.

5. Notice of Disciplinary Action.

Within seven (7) working days of the Pre-Disciplinary Hearing, the Department Head will notify the affected employee with a written Notice of Disciplinary Action. The Disciplinary Action will have been made following a factual finding and review of all the information provided. If the Department Head determines not to impose any disciplinary action, he or she will notify the employee of this as well. The Notice of Disciplinary Action shall state the disciplinary action, the date it will take effect, and the employee’s right to appeal, if any. Disciplinary actions may be imposed prior to hearing the employee’s post Skelly Appeal hearing or other disciplinary hearing.

6. Paid Administrative Leave.

The Department Head shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action.

7. Exclusions.

The provisions of this Article 14 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions, employee reclassifications, reprimand, transfers without loss of pay, performance evaluations, or economic layoffs. Nor do the provisions of this Article 14 apply to Probationary Employees.

G. APPEAL.

1. Right of Appeal.

An employee who has received a Notice of Disciplinary Action that provides for the right to appeal may, within fourteen (14) calendar days of its receipt, appeal the decision pursuant to the Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

procedures set forth below. An employee, who fails to appeal the disciplinary action within the fourteen (14) day time period, forfeits his or her appeal and the disciplinary action shall be final and binding.

2. Procedure.

In order to Appeal the Disciplinary Action, the employee shall file with the City Manager a written answer to the charges contained in the Notice of Proposed Disciplinary Action and/or the Notice of Disciplinary Action and request the right to appeal the City’s disciplinary action (collectively, the “Request to Arbitrate”). Upon receipt of the Request to Arbitrate, the City Manager shall initiate the Appeal process.

3. Appointment of Hearing Panel.
a. The Hearing Panel shall consist of one person selected by the City, one person selected by the Association, and a neutral chairperson selected jointly by the City and the Association.
b. The neutral panel chairperson shall be selected jointly by the parties within fourteen (14) calendar days of receipt by the City Manager of the employee’s Request to Appeal.
c. If the parties are unable to mutually agree on a neutral panel chairperson within the fourteen-day period, the City shall solicit a list of seven (7) neutrals from the State of California Mediation/Conciliation Service. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrators’ names from the list until one remains. The parties shall make every effort to complete the striking process within ten (10) calendar days of receipt of the list from the State. d. If the neutral selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated within the same time period, unless the parties can otherwise mutually agree on the selection of a neutral chairperson.
e. The cost of the neutral shall be shared equally, with fifty percent (50%) of the fee paid by the City and fifty percent (50%) of the fee paid by the Employee.

4. Pre-Hearing Matters.

The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the panel members and the availability of counsel and witnesses. The arbitration hearing shall be private. The panel may, prior to or during the hearing, grant a continuance for any reason the panel believes to be important in order to reach a fair and proper decision. Neither party shall have ex parte communications with the neutral panel chairperson.

5. Conduct of the Hearing.
a. The hearing shall be conducted in the manner most conducive to the determination of the truth. Both the City and the employee may be represented by legal counsel Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

or may elect to proceed without counsel. The employee may choose to be represented by an Association representative.
b. The panel shall determine the relevancy, weight, and credibility of the testimony and evidence. The panel shall not be bound by the technical rules of evidence. The panel shall base its finding on the preponderance of the evidence. The City shall have the burden of proof.
c. Each side will be permitted an opening statement and closing argument. The City shall first present its witnesses and evidence to sustain the charges and the employee will then present his/her witness(es) and evidence to rebut the charges. d. A court reporter will be retained by the City to make a transcript of the hearing. No audio or video tape recording will be permitted. The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and at his/her own cost.
e. Each side will be allowed to examine and cross-examine witnesses. The employee filing the appeal may be called and examined as if under cross-examination. f. The panel shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence. The panel may consider the records of any relevant prior disciplinary actions against the employee, as long as those actions are final.

6. Findings of the Panel.

After the conclusion of the hearing, the hearing panel shall prepare a recommended decision based on its findings of fact and application of law, and forward it to the City, the employee, and the Association. The recommended decision shall set forth which charges the panel sustains or does not sustain and the reason(s) for the panel’s decision. The panel’s findings and recommended decision must be supported by a majority of the panel members (i.e., at least two panel members must agree on each finding or recommendation).

7. Decision of the City Manager.

After receiving and considering the recommendation of the hearing panel, the City Manager may sustain or reject any or all of the charges filed against the employee. The City Manager may sustain, reject or modify the disciplinary action invoked against the employee. However, the City Manager may not increase the severity of the discipline originally invoked by the City.

H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE:

The following are deemed sufficient cause to warrant disciplinary action. However, cause to discipline an employee is not limited to these reasons alone:
 Absence without prior approval or excessive tardiness.  Use of, or being under the influence of illegal drugs or alcohol while on City business, or during work hours, or while representing the City.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

 Violation of the City’s anti-discrimination, anti-harassment policies and/or workplace violence policies.
 Failure to maintain any employment qualification, including but not limited to driver’s license or other certifications.
 Theft, pilferage, or misuse of City property.
 Falsification of public records.
 Dishonesty.
 Disorderly or immoral conduct.
 Incompetence.
 Failure to meet expected performance standards.
 Neglecting to perform expected job duties.
 Inability to perform the essential duties of the job (with reasonable accommodation, if required by law).
 Insubordination or willful or disobedience.
 Negligence or willful damage to public property or the personal property of another employee.
 Fraud in securing employment.
 Discourteous treatment of the public or other employees.  Conviction of a felony (including pleas of guilty and nolo contendere), or a conviction of a misdemeanor (including pleas of guilty) where the misdemeanor conviction is related to the position held.
 Violation of any reasonable regulation, policy, rule, SOP, or order.  Failure to maintain satisfactory working relationships with supervisors, employees, contractors, or the public.
 Interference with the work performance of others.
 Acceptance of bribes or extortion.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

 Acceptance of any gift, reward, or other form of compensation in addition to regular compensation for performance of official duties other than as provided for by written City policy.
 Illegal gambling on City property or during working hours.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 15

LAYOFF PROCEDURE
The procedures set forth in the City of St. Helena Layoffs and Furloughs Policy shall apply during the term of this MOU.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 16

SEPARABILITY
Notwithstanding any provisions of this MOU to the contrary, in the event that any Article or Subsections thereof of this MOU shall be declared invalid by any Court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any Court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this MOU or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles and Subsections thereof affected. All other provisions of this MOU shall continue in full force and effect.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 17

TERM & COMPLETION OF NEGOTIATIONS
Following approval by the City and the Association and ratification by the City Council, the term of this MOU shall commence on July 1, 20252 and shall expire on June 30, 20265.

The City and the Association shall have one reopener for each party during the term of the agreement.

During the term of this Agreement, the Association and the City agree that neither party shall be obligated to meet and confer with respect to any subject or matter covered by this Agreement, except as follows:
 The parties agree to meet and confer on any mandatory subjects of bargaining which have the potential to affect wages, hours, and other terms and conditions of employment (as defined by the MMBA), any City-proposed changes to the SHEA job descriptions, Employee Handbook and/or related policies and procedures;
 The parties may mutually agree to meet and confer on any topic.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 20252 –June 30, 20265

ARTICLE 18

SIGNATURES
This Memorandum of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:

ST. HELENA EMPLOYEES ASSOCIATION

REPRESENTATIVE
__________________________________________

REPRESENTATIVE
CITY OF ST. HELENA
Approved by the City Council by Resolution Number 20252-____XX

CITY MANAGER
Agenda Item #9.10.

MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA EMPLOYEES ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
JULY 1, 2025 THROUGH JUNE 30, 2026
ATTACHMENT 4
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

TABLE OF CONTENTS
ARTICLE 1: PREAMBLE………………………………………………………………. 6
ARTICLE 2: RECOGNITION…………………………………………………………… 7
ARTICLE 3: ASSOCIATION & CITY RIGHTS………………………………………... 8 A. ASSOCIATION RIGHTS………………………………………………... 8
B. CITY RIGHTS……………………………………………………………. 8
ARTICLE 4: DEFINITIONS……………………………………………………………... 10
ARTICLE 5: HOURS OF WORK & SCHEDULES…………………………………… 13
A. BUSINESS HOURS…………………………………………………….. 13
B. HOURS OF WORK………………………………………………...…. 13
C. FLEX SCHEDULE………………………………………………… ………13

1. Eligibility………………………………………………………... 13

2. Schedule………………………………………………………..... 14
D. MEAL BREAKS………………………………………………………... 15
E. REST BREAKS…………………………………………………………. 15
F. SHEA ATTENDANCE AT BUDGET MEETINGS………………….. 15
ARTICLE 6: PERSONNEL MATTERS………………………………………………... 16
A. PROBATIONARY PERIOD……………………………………………. 16

1. Probationary Period……………………………………………... 16

2. Termination during Probationary Period………………………... 16

3. Extension of Probationary Period……………………………….. 16
B. EMPLOYEE EVALUATIONS…………………………………………. 16
ARTICLE 7: PAY PLAN……………………………………………………………….. 17
A. SALARY SCHEDULE…………………………………………………. 17
2026 Salary Schedule Increase …………………………………. 17
B. SALARY UPON APPOINTMENT…………………………………….. 17
C. STEP INCREASES……………………………………………………... 17

1. Steps……………………………………………………………... 17

2. Qualifications for Step Increase…………………………………. 17
D. COST OF LIVING ADJUSTMENT……………………………………. 18
E. HOURLY RATES………………………………………………………. 18
F. OVERTIME…………………………………………………………....... 18

1. General Policy…………………………………………………… 18

2. Overtime Compensation………………………………………… 18

3. Compensatory Time Off………………………………………… 18

4. Overtime Meal…………………………………………………... 19
G. HOLIDAY PAY ON HOLIDAYS…...…………………………………. 19
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

H. STANDBY PAY………………………………………………………… 19
I. MINIMUM CALLOUT TIME………………………………………….. 19
J. LONGEVITY PAY……………………………………………………... 19
K. BILINGUAL PAY…………………………..…………………………... 20
L. OUT-OF-CLASS PAY…………………………………………………. 20
M. REPORTING TIME WORKED………………………………………... 20
N. SHIFT DIFFERENTIAL………………………………………………… 21
ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE……………………………… 22 A. VACATION LEAVE……………………………………………………. 21

1. Rate of Accrual or Award……………………………………….. 21

2. Administration…………………………………………………... 21
B. HOLIDAYS……………………………………………………………... 22

1. Holidays…………………………………………………………. 22

2. Exceptions……………………………………………………….. 23

3. Observance………………………………………………………. 23

4. Holiday Pay……………………………………………………… 23
C. PERSONAL CONVENIENCE HOLIDAY…………………………….. 23
D. SICK LEAVE AND FITNESS FOR
DUTY……………………………………………………………………. 23

1. Accrual and Use………………………………………………..… 23

2. Administration/Fitness for Duty………………………………….. 24

3. Reason for Granting……………………………………………... 24

4. Limitations and Related Provisions……………………….……… 24

5. Sick Leave Abuse……………………………………………….. 25

6. Pay-out of Sick Leave at Termination of Employment………… 25 E. BEREAVEMENT LEAVE……………………………………………… 26
F. JURY OR WITNESS DUTY……………………………………………. 26
G. ADMINISTRATIVE LEAVE WITH PAY……………………………... 26
H. DISCRETIONARY LEAVE WITHOUT PAY…………………………. 26

1. Permissible Reasons for Leave………………………………….. 26

2. Procedure………………………………………………………... 26

3. Regulation Relative to Discretionary Leave Without Pay………. 26 I. PREGNANCY DISABILITY LEAVE…………………………….. …… 28
J. CFRA AND FMLA LEAVE……………………………………………. 28
ARTICLE 9: CERTIFICATION AND OTHER BENEFITS….……………………….. 29 A. SPECIALIZED SCHOOLS AND TRAINING…………………………. 29

1. Specialized Schools and Training……………………………….. 29

2. Certification Pay………………………………………………… 29
B. UNIFORMS……………………………………………………………... 30
C. TOOLS AND EQUIPMENT……………………………………………. 31
ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE……….. 33 Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

A. HEALTH INSURANCE………………………………………………… 33
B. DENTAL INSURANCE………………………………………………… 33
C. VISION INSURANCE………………………………………………….. 33
D. LIFE INSURANCE……………………………………………………... 33
E. SUPPLEMENTAL LIFE INSURANCE...……………………………… 33
F. DISABILITY INSURANCE…………………………………………… 33
ARTICLE 11: RETIREMENT, SOCIAL SECURITY, DEFERRED COMPENSATION A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)…………… 34 B. SOCIAL SECURITY PAYMENT…………………………………….… 37
C. DEFERRED COMPENSATION PLAN ……………………………….. 37
D. CAFETERIA PLAN DEPENDENT CARE ASSITANCE……………… 37
E. RETIREMENT HEALTH SAVINGS ACCOUNT (RHS) ……………... 37

ARTICLE 12: BENEFITS ON TERMINATION/RETIREMENT……………………... 38 A. COBRA CONTINUATION…………………………………………….. 38
B. CONTINUATION OF CERTAIN INSURANCE POLICIES………….. 38

1. Conditions……………………………………………………….. 38

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums…………………………………………………… 38
ARTICLE 13: GRIEVANCE PROCEDURE…………………………………………… 39
A. GRIEVANCE DEFINED…..…………………………………………… 39
B. PROCEDURE…………………………………………………………… 39

1. Step 1: Information Discussion………………………………….. 39

2. Step 2: Department Head Determination………………………... 39

3. Step 3: City Manager Review…………………………………… 39

4. Step 4: City Council Review…………………………………….. 40
C. DEADLINES……………………………………………………………. 40
ARTICLE 14: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION… 41 A. RESIGNATION…………………………………………………………. 41
B. EXIT INTERVIEW……………………………………………………... 41
C. DISCIPLINARY AUTHORITY………………………………………... 41
D. PROBATIONARY EMPLOYEES…………………………………………41
E. DISCIPLINARY ACTIONS……………………………………………. 41

1. Reprimand……………………………………………………….. 42

2. Suspension………………………………………………………. 42

3. Reduction in Salary……………………………………………… 42

4. Demotion..………………………………………………………. 42

5. Dismissal………………………………………………………… 43
F. DISCIPLINARY PROCEDURE………………………………………... 43

1. Initial Investigation……………………………………………… 43

2. Notice of Proposed Discipline…………………………………... 43
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

3. Proposed Discipline Deferred…………………………………… 44

4. Pre-Disciplinary (Skelly) Hearing………………………………. 44

5. Notice of Disciplinary Action…………………………………… 44

6. Paid Administrative Leave………………………………………. 44

7. Exclusions……………………………………………………….. 44
G. APPEAL………………………………………………………………… 44

1. Right of Appeal………………………………………………….. 44

2. Procedure………………………………………………………... 45

3. Appointment of Hearing Panel.…………………………………. 45

4. Pre-Hearing Matters……………………………………………... 45

5. Conduct of Hearing……………………………………………… 45

6. Findings of the Panel……………………………………….. 46

7. Decision of the City Manager………………………………. 46
H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION,
SUSPENSION OR DISCHARGE INCLUDE………………………….. 46
ARTICLE 15: LAYOFF PROCEDURE………………………………………………… 49
ARTICLE 16: SEPARABILITY………………………………………………………... 50
ARTICLE 17: TERM & COMPLETION OF NEGOTIATIONS……………….……… 51 ARTICLE 18: SIGNATURES…………………………………………………………... 52
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 1

PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as “City,” and the St. Helena Employees Association, hereinafter referred to as “Association,” pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. This includes meeting and conferring on matters which have the potential to affect wages, hours, and other terms and conditions of employment. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment.

Employees subject to this MOU are also covered by the City of St. Helena’s Employee Handbook currently in effect (Employee Handbook) and related City policies and procedures. In the event of a conflict between this MOU and the Employee Handbook or other City policies or procedures, the MOU shall control.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 2

RECOGNITION
The City recognizes the Association as the recognized and exclusive representative for the following full-time classifications and the corresponding job descriptions (part-time positions are not included in the bargaining unit represented by the Association):
- Accounting Technician I, II
- Administrative Analyst
- Administrative Assistant
- Administrative Records Assistant
- Assistant Engineer
- Associate Engineer
- Assistant Planner
- Associate Planner
- Buildings & Streets Superintendent
- Chief Plant Operator - Water & Wastewater
- Chief Water Distribution Operator
- Engineering Technician
- Environmental Services Technician I, II
- Executive Assistant
- Fire Inspector
- Human Resources Analyst
- Human Resources Technician
- Junior Engineer
- Lead Maintenance Worker
- Lead Maintenance Worker – Underground Utilities
- Librarian I, II
- Library Associate I, II
- Maintenance Worker I, II
- Maintenance Worker I, II – Underground Utilities
- Office Assistant
- Parks & Trees Superintendent
- Permit Technician I, II, III
- Plant Operator I, II, III - Water & Wastewater
- Plant Operator in Training - Water & Wastewater
- Public Works Financial Analyst
- Recreation Coordinator
- Recreation Supervisor
- Public Works Supervisor
- Senior Accounting Technician
- Senior Librarian
- Senior Library Associate
- Underground Utilities Superintendent
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 3

ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution or regulation directly relating to matters within the scope of this MOU.

2. Reasonable use of one (1) bulletin board at City Hall.

3. The right to payroll deductions made for payment of Association dues and for Cityapproved programs.

4. The right to represent its members before the City Council or the City Council’s designee with regard to wages, hours and other matters within the scope of representation, subject to the provisions of applicable Federal, State or City laws and regulations. Inclusion of topics in this MOU does not deem them “negotiable” as that term is defined by applicable law.

5. The use of City facilities for regular, normal and lawful Association activities, providing the appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

6. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

7. In compliance with AB 119, the City will notify the SHEA Chairperson (or other designated representative) at least 10 days before a new employee orientation meeting, and allow a SHEA representative to meet with the new employees for up to 15 minutes at the end of the initial orientation meeting. If an employee is scheduled to receive orientation in fewer than 10 days from the date of hire, then the City will provide SHEA with as much advance notice as reasonably possible of the scheduled orientation meeting.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

To insure that the City is able to fulfill its constitutional and statutory functions and responsibilities, the City retains its rights, including, but not limited to, the right to direct the work force; to select and determine the number of employees and skills required; to determine job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with requirements of the City; to establish and change work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to determine and change methods of operations; to determine and change work locations Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

and the processes and materials to the employee; to take all necessary actions to perform its functions in emergencies.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 4

DEFINITIONS
The words and terms have the following meanings:

Anniversary. The date upon which service time is computed for purposes of step advancement and accrual of vacation and sick leave benefits. (Usually the date of first employment.) Average Work Day. In any case for which the time period to be considered is twelve calendar months, the average work day is the number of hours worked in the preceding twelve months, divided by two thousand eighty, then multiplied by eight.

Benefits or Benefit Package. City-paid Insurance, paid leaves, holidays, and other non-salary items which are part of the compensation paid to any employee.

City. The City of St. Helena, California.

City Manager. The administrative head of the government of the City. The City Manager is responsible for the efficient administration of the affairs of the city, which affairs are under his or her control. The City Manager is considered a Department Head. The City Manager reports to and serves at the pleasure of the Council.

City Service. All positions in all departments and agencies of the City that are subject to control and regulation by the City Council of the City of St. Helena.

Classification. A particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or Compensation may fairly be made to apply.

Compensation. The salary, wages, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of his or her service in a Position, but not including reimbursement for expenses incurred in the course of employment.

Confidential Employee. An employee having access in the course of his/her duties to confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information to the Association.

Continuous Employment. Period of uninterrupted employment including holidays and authorized leave but not including periods of leave without pay or times on suspension.

Council. The City Council of the City of St. Helena.

Department Head. A member of the managerial staff of the City, consisting of the City Manager, the Assistant City Manager, the Fire Chief, the Police Chief, the City Clerk, the Director of Public Works, Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

the Planning & Building Director, the Library Director, the Parks & Recreation Director, the Administrative Services Director and the City Attorney.

Emergency. Emergency shall include an event that damages or continues to threaten damage to the public health, safety, welfare, or property and shall include but not be limited to the following:

The repair or clearance of streets necessary for continued access to properties, including street sweeping.

The repair of public utility facilities.

The repair of City equipment necessary to maintain public safety services.

Activities associated with natural or man-made catastrophe.

Ongoing investigation, surveillance, or similar police activities and the obtaining and serving of search warrants.

Shortage of personnel necessary to maintain public safety services.

Employee. A person legally occupying a full-time Position or office in the City Service that is listed in Article 2, and receiving compensation for services, other than an independent contractor. Employee and Full-Time Employee have the same meaning as used in this MOU.

Full-Time Employee. An employee who regularly works forty hours per week and is paid a monthly salary.

Job Description. A formal account of an employee’s responsibilities in regards to their classification and position.

Non-Probationary Employee. An employee who has successfully completed the Probationary Period.

Position. The title of an occupation along with a group of duties and responsibilities assigned or delegated by competent authority, which requires the full or part time service of one person.

Probationary Employee. An employee who has not yet completed a prescribed Probationary Period.

Probationary Period. The length of continuous service for which an employee must serve in order to attain the status of Non-Probationary Employee.

Salary or Pay. The monetary portion of compensation paid to an employee.

Standby. A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This will normally include either remaining at his/her home telephone or otherwise arranging for the immediate and convenient notification of an emergency condition, and being prepared to immediately report to the site of the emergency.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

Supervisor. The mid-management staff of the City to include the designated assistant to a Department Head or the head of a sub-department or division of a department.

Title. The name applied to a Classification or to each Position included in the Classification.

Work Day. One calendar day during which an employee is normally scheduled to work. If the employee is engaged in shift work that begins on one calendar day and ends on the following day, only one work day is denoted. The number of hours of work contained in a calendar day for a given employee, in no case more than eight hours for a Full-Time Employee unless specified otherwise.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 5

HOURS OF WORK & SCHEDULES
A. BUSINESS HOURS.

The normal business hours of the City are from 8:00 a.m. to 5:00 p.m. Monday through Friday, except:
 Library hours may vary.
 Parks hours include Saturday and Sunday.
 Streets, Parks, Water, Water Treatment and Waste Water Treatment Department Hours are from 7:00 a.m. to 3:30 p.m.
 Hours of operation differing from these guidelines may be established for any office or Department in order to meet the needs of the City and the citizens of St.

Helena.

Employee work schedules shall be established consistently with the provisions of this Article 5.

The City will provide SHEA and any affected employee with at least 21 days’ notice before making a permanent change to the employee’s work schedule.

B. HOURS OF WORK.

Five (5) days of eight (8) hours per day for forty (40) hours per week constitute the normal work schedule for all employees. The standard workweek for these employees shall begin on Sunday at 12:01 a.m. and end of the following Sunday at 12:00 a.m. To the maximum extent practicable, work schedules for employees not working normal business hours shall be arranged so that the employee will work for five (5) consecutive eight (8) hours days, followed by two (2) days off.

Employees are expected to be at their assigned place of work and prepared to commence work with tools at hand at the assigned time.

C. FLEX SCHEDULE.

1. Eligibility.

A Flex Schedule is available to Association employees in order to allow them time during the workweek to accomplish tasks which do not require public contact (i.e., outside of the 8:00 a.m. to 5:00 p.m. public hours).

The Flex Schedule is voluntary, and subject to agreement by the employee and approval by the Department Head. Except in cases of emergency, the Department Head must provide at least 30 days’ notice to terminate an employee’s Flex Schedule.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

The Flex Schedule will not impact the accrual of vacation, Sick Leave or other benefits. Vacation time or Sick Leave time will be deducted at the number of hours per day for those days which the leave is taken. For example, if an employee is absent on a day he or she was scheduled to work nine (9) hours, nine (9) hours of leave time shall be deducted, and if the employee is absent on a day he or she was scheduled to work eight (8) hours, eight (8) hours of leave time shall be deducted.

2. 9/80 Schedule and Workweek.

Employees on a 9/80 schedule are scheduled to work eight (8) nine hour days, one (1) eight hour day, and will have one (1) day off every two weeks.

The scheduled one (1) day off every two weeks shall be either Monday or Friday as approved by the Department Head, but must be consistent from week to week. Employees cannot change or flex their scheduled one (1) day off, unless the change is intended to be permanent and approved by the City.

For all employees working a 9/80 schedule, their workweek shall begin exactly four (4) hours into their eight (8) hour shift on the day of the week which constitutes their alternating day off.

For example, for an employee scheduled to work from 8:00 a.m. – 6:00 p.m. with every other Friday off, the workweek shall begin at noon on Friday, and end at noon the following Friday. a. Employees Scheduled with Every other Friday Off.

During a two week cycle, an employee working the 9/80 Flex Schedule will work nine hours per day Monday through Thursday and eight hours on Friday the first week. During the second week, the employee will work nine hours per day Monday through Thursday and be off on Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four hours into the employee’s eight hour shift.

In those instances where a holiday falls on the Friday-Off, the preceding work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time off; or (2) working one additional hour on a scheduled work day during the same workweek that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of nine hours per day Monday – Thursday and in excess of eight Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

hours on Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA. b. Employees Scheduled with Every Other Monday Off
During a two week cycle, an employee working the 9/80 Flex Schedule will work eight hours on Monday and nine hours per day Tuesday through Friday the first week.

During the second week, the employee will be off on Monday and work nine hours per day Tuesday through Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four (4) hours into the employee’s eight (8) hour shift.

In those instances where a holiday falls on the Monday-Off, the subsequent work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time-off; or (2) working one additional hour on a scheduled work day during the same work week that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of eight hours on Monday and in excess of nine hours per day Tuesday – Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA.

D. MEAL BREAKS.

Full-Time Employees are scheduled a period of between 30 and 60 minutes, generally in the middle of the workday, during which they are free to eat a meal or do personal errands. Unless directed otherwise, employees are not paid for this time and are free to leave the workplace.

E. REST BREAKS.

For each four (4) hours of work, conditions permitting, employees are granted a fifteen (15) minute rest break during which they may engage in personal conversations, move about, and otherwise “take a break” from the normal duties of their assignments. This time will be paid by the City as part of the workday.

F. SHEA ATTENDANCE AT BUDGET MEETINGS.

One Association officer shall be permitted to attend Council budget meetings held during work hours provided their absence does not create a hardship in the employee’s department nor require employee overtime.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 6

PERSONNEL MATTERS
A. PROBATIONARY PERIOD.

1. Probationary Period.

Each new Employee shall be a Probationary Employee until successful completion of 12 months of Continuous Employment. The purpose of the Probationary Period is to give the Probationary Employee the opportunity to demonstrate that he or she is qualified, able, and willing to meet the expectations of the City with regard to the Position.

2. Termination During Probationary Period.

If at any time prior to successful completion of the Probationary Period the City Manager determines that it is in the best interest of the City to terminate the employment of the Probationary Employee, it will be in his or her discretion to do so without further justification. Probationary Employees are not entitled to the Disciplinary and Appeal Procedures set forth in Article 14 of this MOU and may be terminated at will, with or without notice.

3. Extension of Probationary Period.

If it appears that the employee will not successfully complete the prescribed Probationary Period, the City Manager also has the discretion of extending the Probationary Period once for an additional six months, if the City Manager feels it is in the best interest of the City to do so.

B. EMPLOYEE EVALUATIONS.

1. Each employee shall be evaluated no less than annually by his/her Supervisor, according to a system approved by the City Manager. Each employee’s evaluation shall be reviewed with the employee by the Department Head, after which the employee is expected to sign the evaluation.

Signing the evaluation does not indicate agreement with that evaluation, and the employee may submit reasonable comments in explanation or rebuttal to its contents. After review by the City Manager, employee evaluations, including reasonable material submitted by the employee, will be placed in the employee’s personnel file. A satisfactory or above evaluation must be obtained before each promotion, Classification upgrade, or step increase is granted.

2. Upon successful completion of the term during which the employee is being evaluated, the employee shall be immediately upgraded to the appropriate level of pay applicable to each employee's individual classification. Under no circumstances shall the supervisor or the City delay effectuation of the employees pay increase resulting from the employee's successful completion of the term of their evaluation.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 7

PAY PLAN
A. SALARY SCHEDULE
Salaries paid and any special compensation shall be in accordance with the most recent applicable salary resolution adopted by the City Council, and any amendments thereto. Such resolutions are hereby incorporated as part of this MOU and are available from the City Clerk. During the term of this MOU, the salary schedules shall be increased as follows:
7/1/25 – COLA increase of 3% to the SHEA salary schedule B. SALARY UPON APPOINTMENT.

Employees appointed to a Position in City Service shall normally be placed in Step “A” of the range. Subject to approval of the City Manager for reasons of an applicant’s outstanding qualifications or for the needs of the City, appointment may be at a higher step. A current City employee being promoted into a range with a higher top step will normally receive at least a five percent (5%) increase.

C. STEP INCREASES.

1. Steps.

Upon completion of the following periods of service, a Full-Time Employee becomes eligible for the next higher step as follows:
 Six (6) months at Step A to become eligible for Step B  Six (6) months at Step B to become eligible for Step C  Six (6) months at Step C to become eligible for Step D  Twelve (12) months at Step D to become eligible for Step E

2. Qualifications for Step Increase.
a. Employees may be granted a step increase after having served for the designated qualifying period and after a performance evaluation finding that the employee’s performance was not less than satisfactory.
b. In unusual cases, upon recommendation of the Department Head, where special ability and aptitude is demonstrated, the City Manager may approve advancement of an employee to a higher step before completion of the normal qualifying period.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

D. COST OF LIVING ADJUSTMENT (COLA).

In considering COLAs for subsequent agreements, the parties will consider the San Francisco/Oakland/Hayward CPI-U (April/April).

E. HOURLY RATES.

Where any annual pay rate is to be converted to a salary hourly equivalent, the annual rate of pay shall be divided by 2080 to determine the hourly rate. Daily rates are equivalent to the appropriate hourly rate multiplied by eight (8) hours.

F. OVERTIME.

1. General Policy.

Employees must get pre-approval from their supervisor before working overtime. In cases of emergency or other unusual unforeseen circumstances, if the employee’s supervisor is not available to approve the overtime work in advance, the employee shall contact the employee’s department head, Administrative Services Director, Assistant City Manager, or, City Manager as soon as possible to seek approval of the overtime work, and may begin critical overtime work without specific advance authorization if needed to address emergency situations.

2. Overtime Compensation.

Unless the employee is working a Flex Schedule (see Article 5, section C.2 , above), work in excess of eight (8) hours per day or forty (40) hours in a workweek, shall be paid at the rate of one and one-half (1.5) times the regular rate of pay; work in excess of twelve (12) hours per day shall be paid at the rate of twice the regular rate of pay. If the employee requests, a Department Head may, at his/her discretion, approve the accumulation of compensatory time to be taken off in lieu of overtime pay. An employee may accumulate up to a maximum of eighty (80) hours of compensatory time. When earned, compensatory time is accumulated at the same rate as if it were to be paid (i.e., at the rate of 1.5 times the regular rate for hours above 8 but less than 12 in one day).

3. Compensatory Time Off.

An employee, who has accumulated compensatory time as described in Subsection 7.F.2 above, may request time off, to be charged against the accumulated compensatory time.

The Department Head will permit the requesting employee to use the time within a reasonable period after the request is made unless using the time will unduly disrupt the City’s operations.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

4. Overtime Meal.

If an employee is required to work more than twelve (12) hours with no breaks longer than one (1) hour, the City will provide that employee a meal.

G. HOLIDAY PAY ON HOLIDAYS.

When required to work on a holiday, an employee shall be paid twice the rate of pay at which the employee would be paid on a non-holiday. This section is not applicable to Standby Pay since call-out is not a normal designated work day.

H. STANDBY PAY.

On a rotational basis, the Public Works employees shall be assigned to provide standby coverage for an entire week (Friday 3:30 pm until the following Friday at 7:00 am). The employee shall take a city vehicle home when scheduled for this assignment and the compensation for the standby period shall be $525.00 for said week. If a holiday falls on the Friday at the end of the of the standby period the employee shall receive an additional $100.00 for the extension of the standby assignment. The same would apply if the holiday falls on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the following Friday.

Public Works employees shall be compensated in 15 minute increments for time worked while on standby handling phone calls from dispatch. City management shall develop a process for including such time on employee timesheets.

I. MINIMUM CALLOUT TIME.

The minimum time charged for being called to work for an emergency shall be two (2) hours (home to home). In addition, such call out time shall be paid at the overtime rate.

J. LONGEVITY PAY.

Full-Time Employees shall be eligible to receive longevity pay according to the dates and rates below:

Years of Continuous City Employment Total Longevity Pay 5 years 2.5% of base salary
10 years 5.0% of base salary
15 years 7.5% of base salary
20 years 10% of base salary
Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

K. BILINGUAL PAY.

Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business. For employees who are certified as fluent in both written and verbal Spanish language, such pay will be five percent (5%) of the designated employee’s base salary. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and onehalf percent (2.5%) of the designated employee’s base salary. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.

L. OUT-OF-CLASS PAY.

Pay for Performing Full Duties of Higher Class
When, because of the absence of a Department Head or other Supervisory personnel, an employee performs substantially all of the functions (full-time) of the higher Classification, the employee will receive an increase of ten percent (10%) of his/her base hourly equivalent wage.

The increase will be effective after the third (3rd) week of the assumption of those duties and continue during the period those duties are being performed by the employee on a full-time basis.

Out-Of-Class-Pay must be pre-approved, in writing, by a Department Head or the City Manager.

Pay for Performing Partial Duties of Higher Class
When an Employee is temporarily assigned for at least a period of one month to perform substantial functions of a higher classification for at least a period of one month, but does not perform those additional duties on a full-time basis and/or the Employee assigned to the position normally responsible for the duties is not absent, and/or the duties relate to a temporary project that would be assigned to a higher classification position but cannot be so assigned (as determined in the sole discretion of the City Manager) due to competing operational needs and workload, the City Manager has the discretion to provide an increase of up to ten percent (10%) of the Employee’s normal base wage effective on the first day of assumption of the substantial additional duties and continuing until the City Manager determines that the assignment of the additional duties ceases. This additional pay is provided at the City Manager’s sole discretion and must be pre-approved in writing. Under current CalPERS rules and regulations, this pay for performing partial duties of the higher class is not reportable special compensation.

M. REPORTING TIME WORKED.

Employees are responsible for reporting on a prescribed form, all hours worked and leave taken during the pay period. The employee is responsible for securing the signature of his/her immediate Supervisor on the form, indicating approval of the hours submitted. The employee is also responsible for seeing that the required documentation for approved leave or overtime worked is attached to the time report. In the event employees are unable to accurately report all time, due to the need to submit the time report prior to the end of the pay period, they shall be responsible for bringing that fact to the attention of their Department Head(s) as soon as practicable, so the payroll records can be adjusted accordingly.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

N. SHIFT DIFFERENTIAL

1. Shift differential for purposes of the article is defined as a shift that occurs on a Saturday or Sunday.

2. Any miscellaneous employee who works an assigned regular time shift as described in “1” above, shall be paid an additional five percent (5%) of their base hourly rate for each hour worked. No shift differential will be paid on sick leave, vacation, CTO or any other time-off or for hours worked as a result of being called in while on standby.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 8

TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE.

1. Rate of Accrual or Award.

Employees shall accrue or be awarded vacation pay based on their years of Continuous Employment at the following rates:
a. Less than five years of Continuous Employment: Full-Time Employees earn vacation at the rate of ten days per year. Vacation accrues on a monthly basis (six hours and forty minutes per month).
b. After five years of Continuous Employment with the City, Full-Time Employees will accrue vacation at the rate of fifteen days per year; after six years, sixteen days; after seven years, seventeen days; eight years, eighteen days; nine years, nineteen days; and ten years, twenty days per year.
c. After twenty-five years of Continuous Employment with the City, Full-Time Employees will earn one additional day of vacation each year and continue to earn one additional day of vacation every five years thereafter.

2. Administration.
a. Approving Authority: Department Heads shall have the authority to schedule Vacation Leave according to the needs of the service and the wishes of the employee, in that order.
b. Leave Requests: An employee's request for approval of Vacation Leave shall be made in writing to the Department Head. Except in the case of an emergency, a request for leave for one to three days should be made at least two days before the commencement of the leave. A leave in excess of three days should be made at least three days prior to the commencement of the leave. c. Holidays: If a holiday recognized by the City occurs during Vacation Leave, absence for that holiday shall be charged as Holiday Leave and not as Vacation Leave.
d. Leave Accumulation: Except with the approval of the Council, accumulated Vacation Leave shall not exceed three hundred and eighty (380) hours and all employees who have accumulated at least eighty (80) hours of vacation shall expend at least eighty (80) Vacation Leave hours per calendar year with at least forty (40) hours being consecutive.

Any employee in a position represented by SHEA, who has more than 320 hours of accrued vacation leave, may have the option to receive a cash payment in lieu of their requested vacation time. This option to receive a cash payment in lieu of vacation time will only be available if (1) the employee has filed a written request for leave at least 30 days prior to the commencement of the leave; and (2) management denies the employee’s request for leave because of department workload and staffing needs. Any payment in lieu of requested vacation time will Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

not be PERSable and will not be credited towards the employee’s single highest year compensation for retirement purposes. This provision shall not apply to leave which is denied for a requested period due to management’s approval of leave for other employees and in which leave would still be available for a period close to the requested vacation period.

Leave Award and Compensation: Vacation Leave shall begin to be earned by an employee upon employment. In the event of a separation of employment, any unused accrued or awarded Vacation Leave shall be compensated with a lump sum payment based on the employee’s current rate of pay and included with the employee’s final paycheck.

Eligibility and Use: An employee may not take Vacation Leave until after the completion of six months of Continuous Employment. Vacation Leave shall be taken in not less than fifteen minute increments.

B. HOLIDAYS.

1. Holidays.

The following holidays shall be recognized for all Association employees:

New Year's Day (January 1st)
Martin Luther King Day (Third Monday in January)
President's Day (Third Monday in February)
Cesar Chavez Day (March 31)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (First Monday in September)
Veteran's Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving
Christmas Eve Day (December 24th)
Christmas Day (December 25th)

2. Exceptions.

When a holiday falls on a Saturday, the preceding Friday shall be deemed holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When Christmas Eve falls on a Friday, the preceding Thursday shall be deemed a holiday. When Christmas day falls on a Monday, the following Tuesday shall be deemed a holiday. When Christmas falls on a Thursday, the following Friday shall be a holiday in lieu of Christmas Eve Day

3. Observance.

Except for emergency services, all City offices shall be closed on recognized holidays established Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

by Council resolution or ordinance.

4. Holiday Pay
Full-Time Employees shall receive full pay provided they are employed and in a paid status on the first working day prior to and following the holiday.

C. PERSONAL CONVENIENCE HOLIDAY.

Each Full-Time Employee shall be eligible for two (2) Personal Convenience Holidays of eight (8) hours each per year. After five years of Continuous Employment, Full-Time Employees shall be eligible for an additional three (3) Personal Convenience Holidays each year. Personal Convenience Holidays are granted on January 1st of each year and must be used prior to the end of the calendar year and will not accrue. They may be taken at the employee's convenience, subject to the Department Head's approval. These Personal Convenience Holidays shall not incur additional expense to the City, e.g., causing another employee to work overtime, etc. Each Personal Convenience Holiday must be taken as a full day off. Employees do not receive Personal Convenience Holidays during the calendar year in which they are hired.

City shall provide for the duration of this contract only, a one-time additional paid day off on Friday, December 26th for all members.

D. SICK LEAVE AND FITNESS FOR DUTY.

1. Accrual and Use.

Employees shall accrue and use sick leave in accordance with City of St. Helena Personnel/Administrative Sick Policy and the provisions of this Article 8(D). The provisions of this Article 8(D) shall supersede any inconsistent provisions of the Sick Leave.

Sick leave with pay shall accrue to all Full-Time Employees at the rate of one work day for each calendar month of service, with no limit to its maximum accumulation.

2. Administration/Fitness for Duty.

When the employee’s need to use sick leave is foreseeable (for example, prescheduled appointments), the employee must provide reasonable advance notice to his/her immediate supervisor or Department manager of the need to use sick leave and its probable duration, if known. In all other situations, an employee who must be absent from work shall personally (if able) notify his or her immediate superior or Department Head as soon as reasonably possible, and at least before or within the first thirty minutes of the absence. An employee may be required to provide a physician's certificate for absence due to illness of more than three working days or at the request of the Department Head. If the City requires an employee to provide a physician’s certificate for an absence pursuant to this paragraph, and the employee had not already seen or Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

planned to see the physician for the illness or injury, the City shall reimburse the employee for the cost of any required co-pay associated with the visit to the physician if the visit was required solely to comply with the requirement to obtain the certificate of illness or injury.

When the City Manager determines that it is job-related and consistent with business necessity, an employee may be required to submit to an examination by a licensed physician designated by the City and at the City’s expense to determine whether the employee is still able to perform the essential functions of his or her job. Any information obtained about the Employee’s health condition shall be treated confidentially as provided by federal and state law.

3. Reasons for Granting.

Sick leave shall be granted to eligible employees for the following reasons:
a. For the diagnosis, care or treatment of an existing health condition, or preventive care for the employee or a family member.
b. Sick leave with pay for illness or injury of a family member, subject to the limitations in Section D.4 of this Article.
c. Enforced quarantine of the employee in accordance with community health regulations.
d. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to obtain relief or attempt to obtain relief to help ensure his or her health, safety, or welfare, or that of his or her child(ren), to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons.
e. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to seek medical attention, to obtain services from a domestic violence program or psychological counseling, or to participate in safety planning, to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons. f. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.
g. Complication or disability resulting from or contributed to any pregnancy, termination of pregnancy, or recovery therefrom.

4. Limitations and Related Provisions.
a. An employee may use Sick Leave, in an amount not to exceed one-half of their annual accrual, or six days, to attend to an illness of a family member. This includes attending to the serious injury or illness of a family member covered under the Family Medical Leave Act and/or California Family Rights Act. b. For the purposes of using sick leave under this Article, “family member” shall mean an employee’s parent, child, spouse, registered domestic partner, parent-inlaw, sibling, grandchild, or grandparent.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

c. In the event of absence from work due to a work-related injury, an employee may receive pay for accrued Sick Leave to the extent necessary to supplement worker's compensation payments to effectively raise the employee's pay received to the level of full-time pay. For a new employee who, at the time of a work-related injury, has not yet earned three days of Sick Leave, up to three days of Sick Leave may be advanced from anticipated future Sick Leave accruals as required to meet this described use.

5. Sick Leave Abuse.
“Sick leave abuse” shall mean: “any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary action as determined necessary to deter future abuse.

6. Pay-out of Sick Leave at Termination of Employment.
a. Effective July 1, 2012, the City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2012.

Upon separation in good standing from City employment, the City will pay the employee for unused Sick Leave in the following amount: The total number of hours of Sick Leave accumulated multiplied by the hourly rate of pay of the employee at the time of separation, divided by two (2). An employee is not “separating in good standing” if proceedings to terminate the employee have been initiated or concluded in accordance with the provisions of Article 14, Resignation, Termination or Disciplinary Action. When an employee uses sick leave, City will first reduce employee sick leave balances from sick leave accrued after July 1, 2012.
b. An employee’s termination of employment for reasons of illness, verified by doctor certifications relative to the nature, gravity, and duration of the illness (including maternity) may be paid a lump sum for all Sick Leave accrued and unused at the time of such termination.
c. An employee who retires or otherwise terminates his or her employment after a finding of industrial disability may not exhaust his or her Sick Leave before the retirement becomes effective.

E. BEREAVEMENT LEAVE.

All Full-Time Employees shall be allowed a leave of absence with full pay, not to exceed three (3) working days, or five (5) working days if the death occurs out of State, when such absence is due to death in the immediate family. Those in immediate family are: mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee, and the spouse, son, domestic partner son-in-law, daughter, daughter-in-law, Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

brother, or sister of the employee, or any relative living in the immediate household of the employee.

F. JURY OR WITNESS DUTY.

1. All employees shall be granted time off to serve, as required by law, on a jury or grand jury if the employee provides reasonable advance notice to the City. Leave with full pay shall be granted to Full-Time Employees for jury duty or when called as a witness for a job related law suit. Any compensation received for jury duty, excluding mileage and similar expense reimbursements, shall be remitted to the City.

2. Leave without pay shall be granted to all employees to appear in court or other judicial proceedings as a witness to comply with a valid subpoena or court order.

G. ADMINISTRATIVE LEAVE WITH PAY.

Administrative Leave with Pay may be assigned to employees by the City Manager if it appears to be in the best interest of the City. In the event such leave is assigned, the City Manager will report to the Council the facts and circumstances of such leave as soon as is practicable.

H. DISCRETIONARY LEAVE WITHOUT PAY.

1. Permissible reasons for leave.

Discretionary Leave Without Pay may be granted by the City Manager as follows:
a. For personal reasons which are approved by the City Manager. b. For reason of illness in the event Sick Leave has been exhausted. c. In conjunction with Pregnancy Disability or FMLA Leave. d. To pursue a course of education which will increase the employee's usefulness as a City employee.

2. Procedure.
a. The employee shall provide at least 30 days advance notice of the need for leave without pay, whenever possible. If 30 days’ notice is not practicable, the employee shall request the leave as soon as practicable. b. An employee’s request for Discretionary Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence. The City Manager has the discretion of approving or rejecting the request.
c. In the case of extended illness the Department Head shall notify the City Manager at such time as the employee has expended all Sick Leave and shall submit a regular status report thereafter pending consideration of termination, disability, retirement, or temporary replacement.

3. Regulations Relative to Discretionary Leave Without Pay are as Follows. a. The City Manager may grant Discretionary Leave Without Pay in his or her discretion and only when, in the opinion of the City Manager, it is in the best interest of the City.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

b. In the case of illness, Discretionary Leave Without Pay shall commence at such time as Sick Leave is expended except that the employee may elect to expend any other leave prior to utilizing Discretionary Leave Without Pay. c. Except in cases of absence due to illness, Discretionary Leave Without Pay shall be deducted from service time for purposes of computing longevity, time in service, seniority, or for any other purpose.
d. Vacation or Sick Leave shall not accrue nor shall Holiday Pay be awarded during periods of leave without pay.
e. Unless the employee notifies the City Manager at the time of the request for Discretionary Leave Without Pay that he or she elects to pay the premiums for continuation of Health, Dental, and Insurance Benefits, those benefits will be terminated beginning with the calendar month following the start of the unpaid leave. If that election is made and the leave is approved, it is the responsibility of the employee to submit payment to the City such that it is received prior to the City processing payment to the insurance carrier. The City will not make a premium payment in anticipation of receipt of the payment from the employee. f. Reinstatement of all benefits shall occur at the first opportunity following the employee's return to duty.
g. Discretionary Leave Without Pay will not normally be approved until Sick Leave (if medically justified), Vacation Leave, and Comp Time have been exhausted. h. Retirement benefits shall be adjusted for leave without pay in accordance with Public Employees' Retirement System's (PERS) regulations. i. An employee shall, upon completion of authorized leave without pay, be reinstated to the Position held at the time of commencement of leave and at the salary range and step previously held.

I. PREGNANCY DISABILITY LEAVE
To the extent required by law, the City shall grant a leave of absence without pay to any probationary or permanent employee who becomes disabled as a result of pregnancy, which disability prevents her from performing the duties of her position. Such leave shall not exceed four months whether or not it is combined with sick leave, vacation, compensatory time off and/or leave without pay. Employee benefits will continue to be paid by the City during approved short-term leave. This paragraph shall be implemented consistently with the requirements of California’s Pregnancy Disability Leave law and the federal Family Medical Leave Act. (See also the City’s Employee Handbook.)
J. CFRA AND FMLA LEAVE
The Employee Handbook addresses leave rights under the federal Family and Medical Leave Act and the California Family Rights Act (also referred to as the California Medical Leave Act).

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 9

CERTIFICATION AND OTHER BENEFITS
A. SPECIALIZED SCHOOLS AND TRAINING, AND CERTIFICATION PAY.

1. Specialized Schools and Training.

Individual Full-Time employees will be reimbursed for up to $500.00 per year in educational expenses for job-related courses. The total amount reimbursed to all employees in the unit represented by the Association through this program will not exceed $6,000.00 per year. Employees will be reimbursed on a first-come, first-served basis, subject to the City Manager’s determination that a course or training is job-related. This provision does not include payment of fees or tuition for course work taken in pursuit of an academic degree.

2. Tuition Reimbursement.
a. The City of St. Helena encourages professional growth which is beneficial to both the City and the employee. The City will provide reimbursements for employees up to $3,500 per fiscal year for the cost of books and tuition incurred for which the employee earns college credits for classes taken in pursuit of an academic 4-year degree or 2-year Master’s Degree from an accredited college or university, which would promote professional development within City of St. Helena employment. The program is voluntary.
b. Courses require pre-approval prior to the date of enrollment in the course to ensure the expense is eligible under the MOU.
c. The combined amount of reimbursement for this section and section 1 above cannot exceed $3,500 per year per employee.

3. Certification Pay.
a. In recognition of the fact that certain functions cannot be performed without special governmental certification or licensing, the City will pay one hundred Dollars ($100.00) per month for:
 “Operator cross-certification” (Class I or above) for employees assigned to the Water Treatment Plant or Waste Water Treatment Plant, enabling those employees to perform duties at the other plant;
 A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the City; Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

 Certification for back-flow prevention devices for Public Works employees.
 Playground Inspection Certification for employees working in the Parks Division.
 Arborist Certificate for employees working in the Parks Division.
 Wastewater Collection Certificate
b. One Hundred Dollars ($100.00) per month and any required physical examinations, the cost to renew the Class B license, and the appropriate time necessary during normal work hours to test for a Class B driver’s license, if the Director of Public Works, on a person-by-person basis, certifies the necessity to the City for such license and the City Manager authorizes.

B. UNIFORMS.

1. As a condition of employment, the City requires appropriate apparel or uniforms to be worn during work hours.

2. The City will provide uniforms to employees in the following Public Works positions:

Public Works Supervisor, Maintenance Worker I, Maintenance Worker II, Maintenance Worker III, Maintenance Lead Worker, Chief Water Distribution Operator, Plant Operator in Training, Plant Operator I, Plant Operator II, Plant Operator III, Chief Plant Operator.
a. Employees Assigned to Water Distribution and Public Works For employees assigned to Water Distribution and Public Works, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year. The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $35.49 per pay period. b. Employees Assigned to Parks-Trees-Buildings
For employees assigned to Parks-Trees-Buildings, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $33.06 per pay period. c. Employees Assigned to the Wastewater Treatment Plant Chief Plant Operator and Plant Operator II - For employees assigned to the Wastewater Treatment Plant, except for employees in the Plant Operator III Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

classification, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.. The value of these uniforms is $9.29 per pay period. The City does not provide uniform cleaning for these Employees assigned to the Wastewater Treatment Plant.

Plant Operator III - For employees assigned to the Wastewater Treatment Plant in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts per year. The value of these uniforms is $5.79 per pay period.

The City does not provide uniform cleaning for the City Polo Shirts. Additionally, the City shall provide coveralls which are solely for personal health and safety purposes of the employee. The City will provide and pay for regular uniform cleaning service for the coveralls.
d. Employees Assigned to the Water Treatment Plant
For employees assigned to the Water Treatment Plant, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

The value of these uniforms is $11.49 per pay period for each employee. The City does not provide uniform cleaning for Employees assigned to the Water Treatment Plant.
e. Safety Reflective Coat and Safety Boots
In addition, the City will provide all employees in the classifications listed above in paragraph B.2 with one (1) safety coat on initial hire with a replacement coat provided on an as needed basis; one pair of OSHA approved steel toed boots or shoes to be replaced when warranted which can include orthotic insoles for safety boots or shoes as needed upon employee advance request.

The safety reflective coat and the safety boots are solely for personal health and safety purposes of the employee. Any additional uniforms needed that are not covered by this MOU or law shall be supplied at the employee’s expense.

3. The parties acknowledge that the uniforms provided are not suitable for everyday wear, and that employees shall wear the provided uniforms only while on duty and traveling to and from work.

4. To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the required uniforms and cleaning service provided by numbers 2 and 4 above for classic members (as defined by CalPERS). For classic members, the City and employees will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. For example, classic members will be required to make the required employee contribution on this amount. Pursuant to CalPERS regulations, the value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not count as special compensation.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

C. TOOLS AND EQUIPMENT.

1. For employees, except the City Mechanic, all items of essential equipment and tools will be provided by the City, except that an employee may elect to provide all or any part of his/her own equipment and tools.

2. City-owned equipment and tools shall be used solely in the exercise of official City business.

3. The City Mechanic will personally furnish all hand tools necessary for normal general maintenance to vehicles and equipment. The city will reimburse the Mechanic for onehalf (1/2) the Mechanic’s cost of hand tools, up to One Hundred Fifty Dollars ($150.00) per year.

4. Care of Tools and Equipment.

Each employee having care or custody of City-owned property (including money) or equipment has a responsibility to take appropriate care of the property or equipment, including safeguarding it against theft or damage. Any employee becoming aware of the theft of, or malicious damage to City-owned property or equipment shall immediately report it to the Police Department.

5. For employees who are required to use a cell phone during normal course of their duties and/or are required to be on-call for the day, the City will provide a City issued cell phone.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 10

HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE
A. HEALTH INSURANCE.

The City will pay provide medical insurance for each Full-Time Employee and his or her eligible dependents. City is currently a member of Redwood Empire Municipal Insurance Fund (REMIF) and subject to their decisions regarding type and number of plans offered. Should REMIF propose material changes to the insurance plans, City will meet and confer on medical insurance options.

B. DENTAL INSURANCE.

The City will pay the full premium for dental insurance benefits for each Full-Time Employee and all dependent family members.

C. VISION INSURANCE.

Subject to REMIF approval, the City will obtain and pay the full premium for a REMIF Vision Plan for all Full-Time Employees.

D. LIFE INSURANCE.

The City will pay the full premium for a $25,000.00 life insurance plan to cover each Full-Time Employee. At the employee’s expense, an employee has the option to increase the amount of life insurance coverage up to an additional $30,000.00.

E. SUPPLEMENTAL LIFE INSURANCE.

The City does not provide, however Full-Time Employees may purchase additional supplemental life insurance.

F. DISABILITY INSURANCE.

The City will pay the full premium for the California State Disability Insurance program primary disability insurance plan covering each Full-Time Employee.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 11

RETIREMENT, SOCIAL SECURITY, DEFERRED

COMPENSATION AND DEPENDENT CARE ASSISTANCE
A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS).

Employees covered by this MOU are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as described in this Article 11, Section A.

1. Tier One: 2% at 55 Retirement Program – Employees Hired Before July 1, 2012 (Tier 1 Classic Members)
This Section 1 (including subsections) shall apply to employees hired before July 1, 2012:
a. 2% at 55 Pension Formula
The “2% @ 55” retirement program will be available to employees covered by this Section.
b. Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 1 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 20042. c. Required Employee Contributions
i. Member Contribution
Employees covered by this Section 1 shall continue to pay, through payroll deduction, the full 7.0% member contribution.
ii. Pension Cost Sharing

2. Effective January 9, 2016, employees covered by this Section 1 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

3. Tier Two: 2% at 60 Retirement Program for Employees Hired On or After July 1, 2012, and Before January 1, 2013, and Employees Qualified for Reciprocity (Tier Two Classic Members)
This Section 2 (including subsections) shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, this Section 2 (including subsections) Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

shall apply to employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:
a. 2% at 60 Pension Formula
The “2% @ 60” retirement program will be available to employees covered by this Section 2.
b. Final Compensation Based On 36-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 2 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
c. Required Employee Contributions
i. Employees covered by this Section 2 shall continue to pay, through payroll deduction, the 7.0% member contribution.
ii. Pension Cost Sharing
Effective the first full pay period in January 2016, employees covered by this Section 2 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

4. Tier Three: 2% at 62 PEPRA Retirement Tier Required For Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member) This Section 3 (including subsections) shall apply to employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c). a. 2% at 62 Pension Formula
The “2% @ 62” retirement program will be available to employees covered by this Section 3.
b. Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for employees covered by this Section 3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

c. Required Employee Contributions
i. Required 50% of Normal Costs
As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by this Section 3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.
ii. Pension Cost Sharing
Effective the first day of the first full pay period in January 2016, in addition to paying 50% of normal costs as described above, employees covered by this Section 3 shall pay, through payroll deduction, an additional 1.0% of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Government Code Section 20516.

5. Cost Sharing Implementation – All Tiers
The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee contributions will be made pursuant to Government Code Section 20516, Unit Member Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii), the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f) and shall extend beyond the expiration of this MOU and establish the status quo for purposes of future negotiations. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii).

6. Converting Sick Leave Balance
An employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965. Any accrued unused sick leave credit that is paid out at termination pursuant to Article 8(D)(6) will not be available for conversion to service credit.

7. Other Options Included In CalPERS Contract
Employees shall be eligible for other options included in the City’s contract with CalPERS as stated in that contract, and allowed by law.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

8. Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

9. All Provisions Subject to Requirements of Law
The parties recognize and agree that the City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this MOU and related practices, the City will comply with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or MOU terms.

B. SOCIAL SECURITY PAYMENT.

Employee contributions for Social Security are the responsibility of the employee and will not be reimbursed by the City.

C. DEFERRED COMPENSATION PLAN.

The City offers a deferred compensation plan under which employees may designate portions of their salaries to be deferred for tax purposes. The City will equally match an employee's deferred compensation contribution, not-to-exceed Seventy-five Dollars ($75.00) per month. Employees may elect to make traditional (pre-tax) and/or ROTH (post-tax) contributions to the plan, up to the maximum allowed, under IRS rules.

D. CAFETERIA PLAN.

The City allows employees to deposit up to $5,000.00 of their before-tax earnings into an account and pay themselves back for certain enumerated personal and dependent care expenses with tax-free dollars pursuant to Internal Revenue Code Section 125.

E. RETIREMENT HEALTH SAVINGS ACCOUNT (RHS).

The City agrees to establish an RHS account through MissionSquare. The plan will be voluntary and contributions will be made by members as allowed under IRS rules.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 12

BENEFITS ON TERMINATION/RETIREMENT
Upon termination/retirement of employment, all benefits provided by the City to an employee shall be terminated with the following exceptions:

A. COBRA CONTINUATION.

A terminated employee may be entitled to certain insurance coverage opportunities under the federally mandated COBRA Program.

B. CONTINUATION OF CERTAIN INSURANCE POLICIES.

Upon retirement, an employee enrolled in an insurance program (other than life insurance) maintained or sponsored by the City, may continue to be enrolled in such program subject to the conditions set forth below.

1. Conditions.
a. That continued enrollment has the approval of the insurance company concerned. b. Enrollment will cease at such time as the City terminates or converts an insurance program.
c. The retired employee shall either regularly reimburse the City for the full premium payment or make payments directly to the insurance company. d. Unused Sick Leave, Vacation Leave and/or Comp Time may be credited toward health insurance premium in the manner set forth below.

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums.

Retiring employees have the option of applying 100% of their unused sick leave accrued prior to July 1, 2012, Vacation Leave and/or Comp Time toward the payment of continuation insurance premiums, to the extent allowed by law. The total number of hours of leave shall be multiplied by the hourly rate of the employee at the time of retirement. The City will first apply Sick Leave, then Vacation Leave and finally Comp Time to the payment of the premiums. If the employee dies before the Sick Leave, Vacation Leave and/or Comp Time is depleted, the City will make a lump sum payment, less applicable withholdings, to the employee’s estate, at the following rates: the remaining Sick Leave multiplied by the employee’s hourly rate at retirement multiplied by .50; the remaining Vacation Leave and/or Comp Time multiplied by the employee’s hourly rate at retirement.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 13

GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINED.

A grievance is a formal allegation by a member of the Association or by the Association on behalf of a member, regarding an alleged violation of a specific provision of this MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline, including the content of performance evaluations, layoff, demotion, reprimand, transfer, denial of reinstatement or denial of step increase. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

B. PROCEDURE.

1. Step 1: Informal Discussion.

Within ten (10) calendar days of the occurrence of an act in dispute or within ten (10) calendar days of when a member should reasonably have become aware of the occurrence of the act in dispute, an employee shall discuss it with his or her immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, he or she may proceed to Step 2.

2. Step 2: Department Head Determination.

Any dispute not resolved at Step 1 may be submitted to the Department Manager in writing within ten (10) calendar days after the Supervisor’s response in Step 1. The written statement should cite the specific provision of this MOU in dispute. A copy of the written statement shall be provided to the affected employee’s immediate Supervisor.

Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee and the Department Head who shall attempt to resolve the matter. The Department Head shall give the employee a written reply within five (5) calendar days after such meeting.

If the employee is not satisfied with the response, he or she may proceed to the next step.

3. Step 3: City Manager Review.

Any dispute not resolved at Step 2 may be submitted in writing to the City Manager, with copies of the Step 2 response, within five (5) calendar days after the Department Manager’s response. The City Manager shall provide written confirmation of receipt of the dispute to the employee, and shall schedule a meeting within five (5) calendar days, to discuss the matter with the employee. After consideration of the facts, the City Manager shall give his or her written decision to the employee within ten (10) calendar days after the meeting.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

4. Step 4: City Council Review.

If the employee is not satisfied with the decision, the employee may request a hearing before the City Council. Such request for hearing must be submitted in writing within fifteen (15) days of receipt of the City Manager’s decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council Agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options: (1) refuse to hear the appeal; (2) make a decision on the documentation submitted; or (3) hold a hearing after which they shall make a decision.

The decision of the City Council shall be final.

C. DEADLINES.

The parties may mutually agree to extend any of the above deadlines in writing. Either party may extend the deadlines for reasons of prolonged illness, canceled meetings, or in response to other unavoidable circumstances.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 14

RESIGNATION, TERMINATION AND DISCIPLINARY ACTION
A. RESIGNATION.

An employee wishing to leave his or her service to the City in good standing shall file with the Department Head, at least two (2) weeks prior to leaving City service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Office with a Personnel Action Form. Failure to give two (2) weeks’ notice shall be entered upon the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give the required notice shall be reported immediately to the Human Resources Manager by the Department Head.

B. EXIT INTERVIEW.

Any person leaving City employment shall have the opportunity to meet with the City Manager.

The purpose of the meeting shall be to allow the City Manager to receive, and the employee the opportunity to provide, the employee’s candid observation of City employment in order to help improve personnel management and departmental functioning. Such interviews normally shall be conducted no earlier than fifteen (15) days prior to nor more than fifteen (15) days later than the employee’s effective date of retirement or termination of employment.

C. DISCIPLINARY AUTHORITY.

A Full-Time Employee may be disciplined or discharged by his or her Department Head, but shall have the right to appeal the discipline or discharge for final determination by the City Manager as set forth below.

D. PROBATIONARY EMPLOYEES.

In accordance with the City’s policy on Probationary Employees, Probationary Employees are not entitled to the Disciplinary Procedures or Appeal rights set forth in this Article 14.

Probationary Employees are at-will employees and may be disciplined or terminated at-will, without notice and without cause. The City has no obligation to limit its reasons for discipline or termination to those set forth in Subparagraph H. The City’s willingness to discipline or terminate an employee in accordance with this Article 14 does not alter the at-will status of the Probationary Employee’s employment.

E. DISCIPLINARY ACTIONS.

For employees who have passed the probationary period the City generally will apply principles of progressive discipline in response to actions constituting cause for discipline that reasonably are subject to remediation. However, the City may discipline employees without progression, up to and including termination, in instances where the City reasonably determines that the action at issue is sufficiently serious and/or remediation is not appropriate.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

The following are appropriate disciplinary actions that may be taken as corrective measures.

1. Reprimand.

An employee may be reprimanded by his or her Supervisor, Department Head, or the City Manager. A reprimand may be either verbal or written. A note may be made of a verbal reprimand and placed in the employee’s personnel file, and a written reprimand will be placed in the employee’s personnel file. Grounds for reprimand include, but are not limited to those listed in Subparagraph H below. Reprimands are not subject to Discipline Procedures and the right to Appeal. However, the employee has the right to meet with the Supervisor/Department Head who issued the reprimand before the reprimand is placed in the employee’s personnel file. The employee may also rebut the reprimand by providing a written statement which will be included in the employee’s personnel file along with the written reprimand.

2. Suspension.

An employee may be suspended by his or her Department Head. Suspension may be imposed for disciplinary purposes or may be imposed pending investigation and possible discharge. While the matter is being investigated, employee shall continue to receive salary and benefits.

Suspension shall be for a fixed period of time. Grounds for suspension include, but are not limited to those listed in Subparagraph H below. Suspension of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

3. Reduction in Salary.

A Department Head may reduce the salary of an employee for disciplinary reasons, provided that such reduction shall be to a step or percentage within the salary range of the Classification held by the employee. A new Anniversary date (for purpose of salary increases only) shall be established as of the effective date of the reduction in salary, unless the reduction is for a specified period of time, in which case the Anniversary date would not change, or unless otherwise recommended by the Department Head. Reductions in salary of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

4. Demotion.

A Department Head may demote an employee for disciplinary reasons to any Classification with a lower salary, provided the employee meets the minimum qualifications for the lower-level class. The employee shall not be eligible for promotion for a period of six (6) months unless otherwise recommended by the Department Head. Disciplinary demotions of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

5. Dismissal.

A Department Head may dismiss an employee for Cause, as set forth in Subparagraph H, below.

Dismissal of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

F. DISCIPLINARY PROCEDURE.

1. Initial Investigation.

An alleged violation of policy, procedure, rules, regulations, directives, orders, or laws shall be investigated by the employee’s Supervisor or other designated investigator before the employee may be subject to discipline for the violation. The investigator shall complete a written report of the investigation, including the employee’s statement, the specific violations, all available facts related to the alleged violation(s), and statements of witnesses, if any. The investigator may recommend appropriate discipline. Based on the information received in the investigation, the Supervisor shall determine appropriate disciplinary action.

2. Notice of Proposed Discipline.

The Supervisor shall provide written notice of the proposed disciplinary action to the affected employee. The notice of proposed discipline shall contain the following information:
 A statement which clearly defines the intent to take action and the specific action to be taken;
 The date the action is intended to take effect;
 A statement of the rule(s) or regulation(s) that has/have allegedly been violated;  A statement of the specific action, charge(s), and facts on which the proposed action is based;
 Copies of the written materials, reports, and documents considered by the Department Head in his/her decision to impose the proposed action.  Notice of the employee’s right to respond to the charges, verbally or in writing, to the Department Head within seven (7) calendar days of receipt of the Notice of Proposed Discipline. A statement that the failure to respond within the prescribed time period following receipt of the Notice of Proposed Discipline shall constitute a waiver of the right to respond and the proposed discipline will be imposed.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

3. Proposed Discipline Deferred.

If the employee or designated representative requests the right to respond, either orally or in writing, the imposition of proposed discipline shall be deferred until after a pre-disciplinary (Skelly) hearing.

4. Pre-Disciplinary (Skelly) Hearing.

Where a written or oral response has been elected, the Department Head shall schedule, coordinate, and conduct a Pre-Disciplinary Hearing within ten (10) calendar days of the employee’s request. The purpose of the hearing is for the employee to provide additional information and facts relevant to the alleged violation in order for the Department Head to have all the facts prior to making a final decision regarding the proposed disciplinary action. The employee may elect to have representation at the hearing. If the employee fails to appear at or provide a written statement for the Pre-Disciplinary Hearing, his or her right to appeal the proposed discipline is forfeited.

5. Notice of Disciplinary Action.

Within seven (7) working days of the Pre-Disciplinary Hearing, the Department Head will notify the affected employee with a written Notice of Disciplinary Action. The Disciplinary Action will have been made following a factual finding and review of all the information provided. If the Department Head determines not to impose any disciplinary action, he or she will notify the employee of this as well. The Notice of Disciplinary Action shall state the disciplinary action, the date it will take effect, and the employee’s right to appeal, if any. Disciplinary actions may be imposed prior to hearing the employee’s post Skelly Appeal hearing or other disciplinary hearing.

6. Paid Administrative Leave.

The Department Head shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action.

7. Exclusions.

The provisions of this Article 14 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions, employee reclassifications, reprimand, transfers without loss of pay, performance evaluations, or economic layoffs. Nor do the provisions of this Article 14 apply to Probationary Employees.

G. APPEAL.

1. Right of Appeal.

An employee who has received a Notice of Disciplinary Action that provides for the right to appeal may, within fourteen (14) calendar days of its receipt, appeal the decision pursuant to the Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

procedures set forth below. An employee, who fails to appeal the disciplinary action within the fourteen (14) day time period, forfeits his or her appeal and the disciplinary action shall be final and binding.

2. Procedure.

In order to Appeal the Disciplinary Action, the employee shall file with the City Manager a written answer to the charges contained in the Notice of Proposed Disciplinary Action and/or the Notice of Disciplinary Action and request the right to appeal the City’s disciplinary action (collectively, the “Request to Arbitrate”). Upon receipt of the Request to Arbitrate, the City Manager shall initiate the Appeal process.

3. Appointment of Hearing Panel.
a. The Hearing Panel shall consist of one person selected by the City, one person selected by the Association, and a neutral chairperson selected jointly by the City and the Association.
b. The neutral panel chairperson shall be selected jointly by the parties within fourteen (14) calendar days of receipt by the City Manager of the employee’s Request to Appeal.
c. If the parties are unable to mutually agree on a neutral panel chairperson within the fourteen-day period, the City shall solicit a list of seven (7) neutrals from the State of California Mediation/Conciliation Service. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrators’ names from the list until one remains. The parties shall make every effort to complete the striking process within ten (10) calendar days of receipt of the list from the State. d. If the neutral selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated within the same time period, unless the parties can otherwise mutually agree on the selection of a neutral chairperson.
e. The cost of the neutral shall be shared equally, with fifty percent (50%) of the fee paid by the City and fifty percent (50%) of the fee paid by the Employee.

4. Pre-Hearing Matters.

The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the panel members and the availability of counsel and witnesses. The arbitration hearing shall be private. The panel may, prior to or during the hearing, grant a continuance for any reason the panel believes to be important in order to reach a fair and proper decision. Neither party shall have ex parte communications with the neutral panel chairperson.

5. Conduct of the Hearing.
a. The hearing shall be conducted in the manner most conducive to the determination of the truth. Both the City and the employee may be represented by legal counsel Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

or may elect to proceed without counsel. The employee may choose to be represented by an Association representative.
b. The panel shall determine the relevancy, weight, and credibility of the testimony and evidence. The panel shall not be bound by the technical rules of evidence. The panel shall base its finding on the preponderance of the evidence. The City shall have the burden of proof.
c. Each side will be permitted an opening statement and closing argument. The City shall first present its witnesses and evidence to sustain the charges and the employee will then present his/her witness(es) and evidence to rebut the charges. d. A court reporter will be retained by the City to make a transcript of the hearing. No audio or video tape recording will be permitted. The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and at his/her own cost.
e. Each side will be allowed to examine and cross-examine witnesses. The employee filing the appeal may be called and examined as if under cross-examination. f. The panel shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence. The panel may consider the records of any relevant prior disciplinary actions against the employee, as long as those actions are final.

6. Findings of the Panel.

After the conclusion of the hearing, the hearing panel shall prepare a recommended decision based on its findings of fact and application of law, and forward it to the City, the employee, and the Association. The recommended decision shall set forth which charges the panel sustains or does not sustain and the reason(s) for the panel’s decision. The panel’s findings and recommended decision must be supported by a majority of the panel members (i.e., at least two panel members must agree on each finding or recommendation).

7. Decision of the City Manager.

After receiving and considering the recommendation of the hearing panel, the City Manager may sustain or reject any or all of the charges filed against the employee. The City Manager may sustain, reject or modify the disciplinary action invoked against the employee. However, the City Manager may not increase the severity of the discipline originally invoked by the City.

H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE:

The following are deemed sufficient cause to warrant disciplinary action. However, cause to discipline an employee is not limited to these reasons alone:
 Absence without prior approval or excessive tardiness.  Use of, or being under the influence of illegal drugs or alcohol while on City business, or during work hours, or while representing the City.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

 Violation of the City’s anti-discrimination, anti-harassment policies and/or workplace violence policies.
 Failure to maintain any employment qualification, including but not limited to driver’s license or other certifications.
 Theft, pilferage, or misuse of City property.
 Falsification of public records.
 Dishonesty.
 Disorderly or immoral conduct.
 Incompetence.
 Failure to meet expected performance standards.
 Neglecting to perform expected job duties.
 Inability to perform the essential duties of the job (with reasonable accommodation, if required by law).
 Insubordination or willful or disobedience.
 Negligence or willful damage to public property or the personal property of another employee.
 Fraud in securing employment.
 Discourteous treatment of the public or other employees.  Conviction of a felony (including pleas of guilty and nolo contendere), or a conviction of a misdemeanor (including pleas of guilty) where the misdemeanor conviction is related to the position held.
 Violation of any reasonable regulation, policy, rule, SOP, or order.  Failure to maintain satisfactory working relationships with supervisors, employees, contractors, or the public.
 Interference with the work performance of others.
 Acceptance of bribes or extortion.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

 Acceptance of any gift, reward, or other form of compensation in addition to regular compensation for performance of official duties other than as provided for by written City policy.
 Illegal gambling on City property or during working hours.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 15

LAYOFF PROCEDURE
The procedures set forth in the City of St. Helena Layoffs and Furloughs Policy shall apply during the term of this MOU.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 16

SEPARABILITY
Notwithstanding any provisions of this MOU to the contrary, in the event that any Article or Subsections thereof of this MOU shall be declared invalid by any Court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any Court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this MOU or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles and Subsections thereof affected. All other provisions of this MOU shall continue in full force and effect.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 17

TERM & COMPLETION OF NEGOTIATIONS
Following approval by the City and the Association and ratification by the City Council, the term of this MOU shall commence on July 1, 2025 and shall expire on June 30, 2026.

During the term of this Agreement, the Association and the City agree that neither party shall be obligated to meet and confer with respect to any subject or matter covered by this Agreement, except as follows:
 The parties agree to meet and confer on any mandatory subjects of bargaining which have the potential to affect wages, hours, and other terms and conditions of employment (as defined by the MMBA), any City-proposed changes to the SHEA job descriptions, Employee Handbook and/or related policies and procedures;
 The parties may mutually agree to meet and confer on any topic.

Agenda Item #9.10.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2025 –June 30, 2026

ARTICLE 18

SIGNATURES
This Memorandum of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:

ST. HELENA EMPLOYEES ASSOCIATION

REPRESENTATIVE
__________________________________________

REPRESENTATIVE
CITY OF ST. HELENA
Approved by the City Council by Resolution Number 2025-____

CITY MANAGER
Agenda Item #9.10.

CITY OF ST. HELENA
ST. HELENA PROFESSIONAL FIRE FIGHTER ASSOCIATION

MEMORANDUM OF UNDERSTANDING

BETWEEN
CITY OF ST. HELENA
AND
ST. HELENA PROFESSIONAL FIRE FIGHTER ASSOCIATION

FOR THE PERIOD
JULY 1, 20252 THROUGH JUNE 30, 20265
ATTACHMENT 5 Agenda Item #9.10.

CITY OF ST. HELENA
ST. HELENA PROFESSIONAL FIRE FIGHTER ASSOCIATION
Table of Contents
ARTICLE 1: PREAMBLE ................................................................................................................ 1 ARTICLE 2: RECOGNITION ........................................................................................................... 1 ARTICLE 3: ASSOCIATION & CITY RIGHTS ................................................................................... 1 A. ASSOCIATION RIGHTS. .............................................................................................. 1 B. CITY RIGHTS. .............................................................................................................. 2 ARTICLE 4: DEFINITIONS.................................................................................................................. 3 ARTICLE 5: WORK HOURS/WORK SCHEDULE ................................................................................. 6 A. WORK HOURS. .......................................................................................................... 7 B. WORK SCHEDULE. ..................................................................................................... 7 ARTICLE 6: PERSONNEL MATTERS .............................................................................................. 7 A. PROBATIONARY PERIOD AND APPLICABILITY OF FIREFIGHTERS BILL OF RIGHTS ACT. 8
B. EMPLOYEE EVALUATIONS. ........................................................................................ 8 ARTICLE 7: EMPLOYEE COMPENSATION .................................................................................... 8 A. WAGES. ..................................................................................................................... 9 B. BILINGUAL PAY. ......................................................................................................... 9 C. OUT-OF-CLASS PAY. .................................................................................................. 9 D. LONGEVITY PAY. ........................................................................................................ 9 E. OVERTIME PAY. ......................................................................................................... 9 F. WORK PERIOD. .......................................................................................................... 9 G. FLSA OVERTIME. ...................................................................................................... 10 H. OVERNIGHT STANDBY PAY. .................................................................................... 10 I. COST OF LIVING ADJUSTMENT (COLA). .................................................................. 10 J. EQUITY ADJUSTMENT. ............................................................................................ 10 K. HOLIDAY PAY ON HOLIDAYS. .................................................................................. 11 ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE ...................................................................... 11 A. VACATION LEAVE. ................................................................................................... 11 B. VACATION ACCRUAL. .............................................................................................. 11 Agenda Item #9.10.

C. VACATION USAGE. .................................................................................................. 12 D. PERSONAL CONVENIENCE HOLIDAYS. .................................................................... 12 E. SICK LEAVE. ............................................................................................................. 12 F. FAMILY CARE. .......................................................................................................... 12 G. BEREAVEMENT LEAVE. ............................................................................................ 12 H. JURY OR WITNESS DUTY. ........................................................................................ 13 I. PREGNANCY DISABILITY LEAVE. .............................................................................. 13 J. CFRA AND FMLA LEAVE. .......................................................................................... 13 K. INDUSTRIAL ACCIDENT LEAVE. ............................................................................... 14 L. LEAVE OF ABSENCE WITHOUT PAY. ........................................................................ 14 M. MILITARY LEAVE. ..................................................................................................... 14 N. COMPENSATORY TIME OFF. ................................................................................... 14 ARTICLE 9: OTHER BENEFITS ......................................................................................................... 14 A. UNIFORMS. ............................................................................................................. 14 ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE ................................................ 14 A. GENERAL PROVISIONS: ........................................................................................... 14 B. LIFE INSURANCE. ..................................................................................................... 15 C. SHORT-TERM DISABILITY INSURANCE. ................................................................... 15 D. VISION CARE. ........................................................................................................... 15 ARTICLE 11: RETIREMENT BENEFITS ........................................................................................... 15 A. CALPERS. ................................................................................................................. 15 B. SOCIAL SECURITY PAYMENT. .............................................................................. 1817 ARTICLE 12: TRAINING AND PROFESSIONAL GROWTH ............................................................ 1817 ARTICLE 13: BENEFITS ON SEPARATION .................................................................................... 1817 A. COBRA CONTINUATION. ..................................................................................... 1917 B. CONTINUATION OF CERTAIN INSURANCE POLICIES. ........................................... 1917 ARTICLE 14: GRIEVANCE PROCEDURE ....................................................................................... 1918 A. GRIEVANCE DEFINED. .......................................................................................... 1918 B. PROCEDURE. ....................................................................................................... 1918 C. DEADLINES. ......................................................................................................... 2119 ARTICLE 15: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION .................................. 2119 A. RESIGNATION. ..................................................................................................... 2119 Agenda Item #9.10.

B. EXIT INTERVIEW. ................................................................................................. 2120 C. DISCIPLINARY AUTHORITY. .................................................................................. 2120 D. PROBATIONARY EMPLOYEES. .............................................................................. 2120 E. DISCIPLINARY ACTIONS. ...................................................................................... 2220 F. DISCIPLINARY PROCEDURE. ................................................................................. 2321 G. APPEAL. ............................................................................................................... 2524 H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE. 2726
ARTICLE 16: LAYOFF PROCEDURE .............................................................................................. 2827 ARTICLE 17: SEPARABILITY ........................................................................................................ 2928 ARTICLE 18: TERM AND COMPLETION OF NEGOTIATIONS ...................................................... 3028 ARTICLE 19: SIGNATURES .......................................................................................................... 3028 Agenda Item #9.10.

1 ARTICLE 1: PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as “City,” and the St. Helena Professional Fire Fighters Association, hereinafter referred to as “Association,” pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. This includes meeting and conferring on matters which have the potential to affect wages, hours, and other terms and conditions of employment. The purpose of this MOU is the establishment of rates of compensation, hours of work, and other terms and conditions of employment. Employees subject to this MOU are also covered by the City of St. Helena’s Employee Handbook currently in effect (Employee Handbook) and related City policies and procedures. In the event of a conflict between this MOU and the Employee Handbook or other City policies or procedures, the MOU shall control.

ARTICLE 2: RECOGNITION
The City recognizes the Association as the recognized and exclusive representative for the following regular full-time fire suppression employees (part-time positions are not included in the bargaining unit represented by the Association):
 Firefighter
 Fire Engineer
 Fire Captain
ARTICLE 3: ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution, or regulation directly relating to matters within the scope of this MOU.

2. The right to payroll deductions made for payment of Association dues and for Cityapproved programs.

3. The right to represent its members before the City Council or the City Council’s designee with regard to wages, hours, and other matters within the scope of representation, subject to the provisions of applicable Federal, State, or City laws and regulations. Inclusion of topics in this MOU does not deem them “negotiable” as that term is defined by applicable law.

4. The use of City facilities for regular, normal, and lawful Association activities, providing the appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

Agenda Item #9.10.

2 5. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

6. The City will notify the Association President (or other designated representative) at least 10 days before a new employee orientation meeting and allow an Association representative to meet with the new employees for up to 15 minutes at the end of the initial orientation meeting. If an employee is scheduled to receive orientation in fewer than 10 days from the date of hire, then the City will provide Association with as much advance notice as reasonably possible of the scheduled orientation meeting.

7. If the City has not conducted an in-person new employee orientation within thirty days of a newly hired employee’s start date, and the new employee is working in person, the Association has a right to schedule an in-person meeting at the worksite during working hours. During that meeting, the exclusive representative shall be permitted to communicate directly with newly hired employees in the applicable bargaining unit for up to 30 minutes. The newly hired employees must be allowed paid time off, and relieved of other duties, for attending the meeting.

Upon receiving a request from the Association, the City will provide an appropriate on-site meeting space within seven calendar days. This provision expires June 30, 2025.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

After discussion and due consideration, it is recognized that, except as expressly stated herein, the parties agree that the City shall retain whatever rights and authority as are necessary for it to operate and direct the affairs of the City in all of its various aspects, including, but not limited to:

The exclusive right to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of Cityissued wearing apparel, equipment, or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure, and size and Agenda Item #9.10.

3 composition of the work force and allocate and assign work by which the City operations are to be conducted; 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 operations of the City; 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 upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality, and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City Council on its own behalf and on behalf of the City, hereby retains and reserves unto itself all rights, power, authority, duty, responsibility, and obligations confirmed on and vested in it by the laws and Constitution of the State of California and the United States of America.

Neither party is waiving their right to bargain or meet or confer over the impacts of the City’s exercise of such rights enumerated above, to the extent required by the MMBA and all governing and relevant laws.

ARTICLE 4: DEFINITIONS
Anniversary Date.

The date upon which a person is appointed to a position or as modified according to City Employee Handbook. The date determines eligibility for a salary step increase except as modified according to City Employee Handbook.

Benefits or Benefit Package.

City-paid Insurance, paid leaves, holidays, and other non-salary items which are part of the compensation paid to any employee.

City.

The City of St. Helena, California.

City Manager.

The City Manager of the City of St. Helena, California, or their designee.

City Service.

All positions in all departments and agencies of the City that are subject to control and regulation by the City Council of the City of St. Helena.

Classification.

Agenda Item #9.10.

4 The action of assigning a position to a class, that is, a particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or compensation may fairly be made to apply.

Compensation.

The salary, wages, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of their service in a Position, but not including reimbursement for expenses incurred in the course of employment. See Employee Handbook Rule 3.

Continuous Service.

Length of uninterrupted employment (including holidays and authorized paid or unpaid leave, but not including other periods of leave without pay or times on suspension, in a regular position) that is measured from the effective date of appointment until separation.

City Council.

The City Council of the City of St. Helena.

Department Head.

The individuals designated as the administrative head of a City department. A member of the managerial staff of the City, consisting of the City Manager, the Assistant City Manager, the Fire Chief, the Police Chief, the Administrative Services Director, the Director of Public Works, the Community Development Director, the City Clerk, the Library Director, and the Parks & Recreation Director.

Emergency.

Emergency shall include an event that damages or continues to threaten damage to the public health, safety, welfare, or property and shall include but not be limited to the following:
 The repair or clearance of streets necessary for continued access to properties, including street sweeping.
 The repair of public utility facilities.
 The repair of City equipment necessary to maintain public safety services.  Activities associated with natural or man-made catastrophe.  Ongoing investigation, surveillance, or similar police activities and the obtaining and serving of search warrants.

Agenda Item #9.10.

5  Shortage of personnel necessary to maintain public safety services.

Employee.

A person legally occupying a full-time Position or office in the City Service that is listed in Article 2, and receiving compensation for services, other than an independent contractor. Employee and Full-Time Employee have the same meaning as used in this MOU.

Fitness for Duty.

See Employee Handbook Rule 9, Section 9.15.

Full-Time Employee.

An employee who regularly works a full-time 40-hour or 56-hour schedule per week.

Holidays.

See Employee Handbook Rule 9, Section 9.1.

Job Description.

A formal account of an employee’s responsibilities in regards to their classification and position.

Layoff Procedure.

See Employee Handbook Rule 11, Section 11.2.

Non-Probationary Employee.

An employee who has successfully completed the Probationary Period.

Position.

A specific office or employment provided by the budget, whether occupied or vacant, of limited term or regular term, and requiring the performance of certain duties and responsibilities assigned or delegated by the Appointing Authority.

Probationary Employee.

An employee who has not yet completed a prescribed Probationary Period.

Probationary Period.

A period to be considered an integral part of the examination, recruiting, testing, and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position, and during which an employee may be rejected from the position without cause and without right of appeal.

Salary Range.

Agenda Item #9.10.

6 The range of salary rates for a class; the classifications may be paid on an hourly or salaried basis, as applicable, and the term “salary” is utilized as a general term for cash compensation paid either an hourly or salaried basis.

Salary Rate.

The dollar amount of each step in a salary range, or the flat dollar amount for a class not having a salary range.

Salary Step.

The minimum through maximum salary increments of a salary range.

Salary Upon Appointment.

See Employee Handbook Rule 3, Section 3.1.

Standby.

A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This will normally include either remaining available by telephone or otherwise arranging for the immediate and convenient notification of an emergency condition and being prepared to immediately report to the site of the emergency.

Step Increases.

See Employee Handbook Rule 3, Section 3.3.

Supervisor.

The mid-management staff of the City to include the designated assistant to a Department Head or the head of a sub-department or division of a department.

Title.

The name applied to a Classification or to each Position included in the Classification.

Work Day.

One calendar day during which an employee is normally scheduled to work. If the employee is engaged in shift work that begins on one calendar day and ends on the following day, only one work day is denoted.

The City Employee Handbook has additional definitions. Where differences exist between the Employee Handbook and this MOU, the MOU language shall prevail.

ARTICLE 5: WORK HOURS/WORK SCHEDULE
Agenda Item #9.10.

7 A. WORK HOURS.

1. The current scheduled work week is 56 average scheduled duty hours per week, which approximates 2,912 hours per year.

2. Pursuant to Article 3(B) the City may change the work hours at any time, with 30 days’ notice. In the event of a change, the City agrees meet or confer over the impacts of the City’s exercise of such rights, to the extent required by the MMBA and all governing and relevant laws.

B. WORK SCHEDULE.

The current duty schedule for the classifications of Firefighter, Engineer, and Fire Captain classifications is a “48-96” work schedule consisting of two (2) consecutive, uninterrupted, 24-hour shifts, followed by four (4) consecutive 24-hour days off with three (3) platoons known as A, B, and C shifts. Employees working the “48-96” work schedule shall report for duty at 0700 hours and go off duty at 0700, forty-eight (48) hours later. “Shift” means twenty-four (24) hours and “tour” means forty-eight (48) hours. An example of the “48-96” work schedule is as follows:

Example Duty Schedule (regular shift personnel):
"X" denotes tour of duty.
"O" denotes off duty.

XXOOOOXXOOOOXXOOOOXXOOOO

1. The current “48-96” schedule has an FLSA pay period cycle of 14-days. Overtime refers to hours worked that exceed 106 hours in a designated 14 day work period.

Overtime hours are paid at a premium rate of time and one half the regular rate of pay as required by the FLSA.

2. The work schedule may be changed in the event of an emergency.

3. Pursuant to Article 3(B) the City may make a permanent change to the work schedule at any time, with 30 days’ notice. In the event of a change, the City agrees meet or confer over the impacts of the City’s exercise of such rights, to the extent required by the MMBA and all governing and relevant laws.

ARTICLE 6: PERSONNEL MATTERS
Agenda Item #9.10.

8 A. PROBATIONARY PERIOD AND APPLICABILITY OF FIREFIGHTERS BILL OF RIGHTS ACT.

1. Probationary Period.

Employees covered by this Program shall serve a probationary period of eighteen (18) months. Probationary employees may be terminated without cause. As required by the Firefighters Bill of Rights Act, employees who have passed the probationary period shall be covered by the provisions of the Act, and the applicable disciplinary procedures for such employees is covered in established City policies.

2. Termination During Probationary Period.

If at any time prior to successful completion of the Probationary Period the City Manager determines that it is in the best interest of the City to terminate the employment of the Probationary Employee, it will be their discretion to do so without further justification. Probationary Employees are not entitled to the Disciplinary and Appeal Procedures set forth in Article 14 of this MOU and may be terminated at will, with or without notice.

3. Extension of Probationary Period.

If it appears that the employee will not successfully complete the prescribed Probationary Period, the City Manager also has the discretion of extending the Probationary Period once for an additional six months, if the City Manager feels it is in the best interest of the City to do so.

4. Promotional Probationary Period:

The length of probationary period for employees promoted to a position in a higher class shall be twelve (12) months beginning with the date of appointment to the new class. If employee is rejected during promotional probationary period, they have a conditional right of return to prior position pursuant to Section 6.4 of Employee Handbook.

B. EMPLOYEE EVALUATIONS.

Each employee shall be evaluated no less than annually by their Supervisor, according to a system approved by the City Manager. Each employee’s evaluation shall be reviewed with the employee by the Department Head, after which the employee is expected to sign the evaluation. Signing the evaluation does not indicate agreement with that evaluation, and the employee may submit reasonable comments in explanation or rebuttal to its contents. After review by the City Manager, employee evaluations, including reasonable material submitted by the employee, will be placed in the employee’s personnel file. A satisfactory or above evaluation must be obtained before each promotion, Classification upgrade, or step increase is granted.

ARTICLE 7: EMPLOYEE COMPENSATION
Agenda Item #9.10.

9 A. WAGES.

The wages for Employees covered by this agreement are set forth in Exhibit A, attached to this MOU.

B. BILINGUAL PAY.

Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business by communicating in Spanish. For employees who are certified as fluent in both written and verbal Spanish language, bilingual pay will be five percent (5%) of the designated employee’s base rate of pay. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and one-half percent (2.5%) of the designated employee’s base rate of pay. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.

C. OUT-OF-CLASS PAY.

It may be necessary for Fire Captains, Fire Engineers, and Firefighters to work out-of-class as assigned by the Fire Chief separate from their assigned positions during emergency calls or complex incidents as determined by the Fire Chief or when the Fire Chief is not available to manage the incident or in the case when the Fire Chief is on vacation or in the case of staffing availability. In the case when any of these situations arise, the employee acting in the out-of-class assignment shall receive out-of-class pay of five percent (5%) of the employee's base wage rate for any assignment longer than two hours.

This time shall be recorded on the employee's time sheet and designated as out-of-class on the submitted time sheet. This designation and hours worked in this capacity shall be verified by the Fire Chief or his designee.

D. LONGEVITY PAY.

Longevity pay shall be provided to each permanent employee on the employee’s fifth anniversary of continuous employment at the rate of two and one-half percent (2.5%) of rate of pay. At the employee’s tenth anniversary, the longevity increment shall be increased to a total of five percent (5%) of rate of pay, at the fifteenth anniversary a total of seven and one-half percent (7.5%) of rate of pay, and at the twentieth anniversary, a total of ten percent (10%) of rate of pay.

E. OVERTIME PAY.

Employees shall be entitled to overtime pay in accordance with the requirements of applicable law for hours worked.

F. WORK PERIOD.

In accordance with Section 7(k) of the Fair Labor Standards Act (FSLA), the work period established by the City is a 14-day 106-hour work period.

Agenda Item #9.10.

10 G. FLSA OVERTIME.

Pursuant to Section 7(k) of FSLA, the City agrees to compensate all firefighters for hours worked above the fifty-three hours per week at the normal overtime rate of pay (time and one-half) regardless of whether employees are on any type of paid leave.

Pursuant to Article 3(B) the City may change the Work Period at any time, with 30 days’ notice. In the event of a change, the City agrees meet or confer over the impacts of the City’s exercise of such rights, to the extent required by the MMBA and all governing and relevant laws.

H. OVERNIGHT STANDBY PAY.

In the discretion of the Fire Chief when standby coverage is required, Employees may sign up for overnight standby coverage. Employees signing up for overnight standby coverage will receive a stipend based on their rank within the department. Firefighters will receive $50 per overnight standby assignment. Engineers and officers will receive $75 per overnight standby assignment. The Stipend is paid in addition to hours worked during standby assignment.

I. COST OF LIVING ADJUSTMENT (COLA).

Wages paid and any special compensation shall be in accordance with the most recent applicable resolution adopted by the City Council, and any amendments thereto. Such resolutions are hereby incorporated as part of this MOU and are available from the City Clerk. During the term of this MOU, the wage schedules shall be increased as follows:
a. July 1, 2022 – COLA increase of 5% for all unit members b. July 1, 2023 – San Francisco/Oakland/Hayward CPI-U (April/April) min 3% with a max of 5%.
c.a.July 1, 2024 - San Francisco/Oakland/Hayward CPI-U (April/April) min 3% with a max of 5%.In consideration of the City contributions to a newly established 401(a), there is no increase to wages.

J. EQUITY ADJUSTMENT.

During term of the agreement, the City will provide equity adjustments for unit represented positions until each classification is within 5% of market median (95%).

Equity adjustments will take place every 6 months until each classification is within the range and will be as follows:
 July 1, 2022 – Equity adjustment of 2.5%
 January 1, 2023 – 2% equity adjustment
 July 1, 2023 – 2% equity adjustment
 January 1, 2024 – 2% equity adjustment
 July 1, 2024 – 2% equity adjustment
 January 1, 2025 – 2% equity adjustment
Commented [A1]: Deleted line that is irrelevant
Agenda Item #9.10.

11 K.J. HOLIDAY PAY ON HOLIDAYS.

In lieu of holiday time off, employees shall receive additional holiday compensation on a prorated basis on each paycheck, for a total of twenty-six (26) paychecks annually, for ninety-six (96) hours equivalent to twelve (12) recognized City holidays at eight (8)11.2 hours per day. Member’s compensation for the holidays shall be computed in the same fashion as is the rate of pay for vacation.

The following provisions will take effect July 1, 2024:
a. No changes to existing recognized holidays;
b.a. Holiday hours shall be earned as follows:
 11.2 hours per each holiday times twelve (12) recognized City holidays for a total of 134.4 hours of holiday compensation to be averaged over twenty-six (26) paychecks annually.

ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE.

Employees shall accumulate vacation in accordance with the following vacation entitle schedule:

Years of Continuous Service Vacation Hours Earned/Year
1-5 years 80
6th year 120
7th year 128
This pattern continues until 160 hours per year is reached. On the employee’s 25th anniversary and every five years thereafter, an additional 8 hours will be awarded on that year.

Effective July 1, 2024, Employees shall accumulate vacation in accordance with the vacation schedule below. The existing provisions will remain in effect until July 1, 2024.

Years of Continuous Service Vacation Hours Earned/Year
1-5 years 112
6th year 168
7th year 179
This pattern continues until 224 hours per year is reached. On the employee’s 25th anniversary and every five years thereafter, an additional 11.2 hours will be awarded on that year.

B. VACATION ACCRUAL.

Employees shall begin earning vacation upon the first day of employment. Vacation leave time shall be accrued as it is earned; odd fractions rounded to the nearest tenth. Vacation Formatted: Indent: Left: 0"
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Agenda Item #9.10.

12 time shall not be taken until earned and shall be subject to other provisions of this agreement. When an employee is on a leave without pay status, the employee shall not be entitled to earn vacation.

For purposes of calculating vacation earned upon termination, the employee’s final accrual will be prorated, based on the days worked in the employee’s last month of employment. Upon termination of an employee’s service with the City, the employee shall be paid a lump sum for all earned vacation not taken, at the employee’s hourly rate then in effect.

Employees will not earn additional vacation leave once their accrued vacation balance has reached 28360 hours.

Effective July 1, 2024 employees will not earn additional vacation leave once their accrued vacation balance has reached 360 hours.

C. VACATION USAGE.

An employee may not use vacation until the employee has completed six months of City service in the position. An employee may take vacation at a time approved by the Fire Chief. It is the policy of the City that employees take their normal provided vacation leave each year. Vacation shall be taken in minimum increments of two hours.

D. PERSONAL CONVENIENCE HOLIDAYS.

Except for the calendar year they are hired, on January 1st of each year, employees earn 1622.4 hours of Personal Convenience Holidays for use during that calendar year, taken in at least 8-hour increments. The hours must be used by the end of the calendar year and does not accrue. After five years of service, employees earn 5640 hours of Personal Convenience Holidays.

Effective July 1, 2024 employees shall earn 22.4 hours of Personal Convenience Holiday Leave; after five years, employees shall earn 56 hours of Personal Convenience Holiday Leave.

E. SICK LEAVE.

Employees shall accrue sick leave and use sick leave in accordance with City of St. Helena Personnel/Administrative Sick Policy as outlined in the Employee Handbook.

Effective July 1, 2024, sick leave accrual shall be increased to at 11.2 hours per month.

F. FAMILY CARE.

To the extent required by law, sick leave may be used to care for ill family members.

G. BEREAVEMENT LEAVE.

The City shall allow regular full-time employees to take up to five (5) days of bereavement Agenda Item #9.10.

13 leave, upon the death of a family member (spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law).

Days of bereavement leave do not need to be consecutive; Bereavement leave must be completed within three (3) months of the date of the death; Employee shall be entitled to no less than five (5) days of leave; The employee may elect to use any accrued and unused paid leave that is otherwise available to them for bereavement leave (e.g., paid vacation, personal leave, accrued and available sick leave, or compensatory time off, etc.).

The City may request that the employee provide documentation of the death if requested within thirty (30) days of the first day of leave. Documentation includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.

The City shall maintain the confidence of any employee requesting bereavement leave.

H. JURY OR WITNESS DUTY.

Employees shall be granted a leave of absence with full pay for jury duty; subpoena of the employee as a witness; or attendance in court resulting from the employee’s official duties as assigned by the City Manager. Any compensation received by the employee for the above, except for travel reimbursement, shall be promptly remitted to the City by the employee.

I. PREGNANCY DISABILITY LEAVE.

Leave for Pregnancy, Childbirth and Related Medical Conditions (California Government Code Section 12945):

In addition to leave authorized by Article 8, eligible employees may take leave based on pregnancy, childbirth, or related medical conditions pursuant to California Government Code Section 12945. Generally, this leave should not exceed six (6) weeks for a normal pregnancy, childbirth, or related conditions, but may be taken for a period of up to a total of four (4) months if the employee is disabled due to pregnancy, childbirth, or other medical conditions. The need for leave beyond six (6) weeks due to disability shall be verified in writing by the employee’s physician. The employee may use accrued leave balances during leave taken pursuant to this Section. If the period of leave exceeds the employee’s accrued leave balances, the balance of the leave shall be taken as unpaid leave.

J. CFRA AND FMLA LEAVE.

The Employee Handbook addresses leave rights under the federal Family and Medical Leave Act and the California Family Rights Act (also referred to as the California Medical Leave Act).

Agenda Item #9.10.

14 K. INDUSTRIAL ACCIDENT LEAVE.

The City shall provide paid leave and benefits consistent with the State’s Worker’s Compensation laws and California Labor Code Section 4850.

L.K. LEAVE OF ABSENCE WITHOUT PAY.

Upon the written request of any employee, the City Manager may approve in writing a leave of absence without pay for a period up to thirty (30) calendar days. Except in the cases of illness or maternity, an employees' request for Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the manager as to how an adequate level of service can be maintained during their absence. Such leave may be extended up to one calendar year by action of the City Council.

M.L. MILITARY LEAVE.

An employee called to active duty in any reserve component of the Armed Forces of the United States or the National Guard shall be granted a leave of absence for the duration of said active duty. Any full-time employee on a military leave of absence shall be compensated as outlined in the City’s Employee Handbook if the employee provides proper documentation from the Commanding Officer concerning their active duty; or, if the employee is a Commanding Officer, with a copy of the order to report to active duty and any applicable extension orders.

N.M. COMPENSATORY TIME OFF.

Notwithstanding the provisions of this section, fire employees may be granted compensatory time off for overtime credit, at the discretion of the Fire Chief and with due regard to the wishes of the employee. Compensatory time off may be accumulated up to a maximum of one hundred twenty (120) hours.

ARTICLE 9: OTHER BENEFITS
A. UNIFORMS.

Employees shall receive an annual uniform allowance of $1,200. The uniform allowance will be paid out proportionately with each of the twenty-six (26) paychecks.

ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE A. GENERAL PROVISIONS:

The City will pay the full cost of the employee’s enrollment in City offered health insurance plan to cover both the employee and the employee’s dependents. The City will pay the full cost of enrollment in City offered plans for dental coverage for the employee Agenda Item #9.10.

15 and their dependents. When an employee commences work with the City, the effective date of coverage of their benefits distribution selection shall be established by the individual carrier. In most cases, coverage begins the first of the month following date of hire.

Employees will choose from available insurance programs and/or health and welfare plans at the time of hire or as carriers allow during Open Enrollment periods. Dependent coverage may be added or deleted between Open Enrollment periods subject to conditions imposed by the selected carriers.

B. LIFE INSURANCE.

The City will provide term life insurance for each employee in the amount of $50,000.

Employees may elect to increase the value of their life insurance policy by $20,000 at their own expense. Employees opting for the additional coverage will have the cost of that coverage deducted from their pay.

C. SHORT-TERM DISABILITY INSURANCE.

The City will pay for the employee’s cost to participate in the State Disability Insurance (SDI) program.

D. VISION CARE.

The City will pay for vision care benefits, for the employee and all dependents through the City’s vision insurance plan.

ARTICLE 11: RETIREMENT BENEFITS
A. CALPERS.

Employees are provided retirement benefits under the California Public Employee Retirement System (CalPERS).

1. Tier One. Employees Hired Before July 1, 2012 (Tier One Classic Members) This section 3.1 (including subsections) shall apply to employees hired by the City of St. Helena in full-time safety positions with CalPERS membership before July 1, 2012.  1/2 at 55 Pension Formulas: The “1/2 @ 55” retirement program will be available to members covered by this Section.
 Final Compensation Based On 36-Months: For the purposes of determining a retirement benefit, final compensation for members covered by this Section 3.1 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 20037.
 Required Member Contributions:

Agenda Item #9.10.

16 Members covered shall pay, through payroll deduction, the full 10.1% member contribution for the Safety Group.

2. PEPRA. 2% at 57 For Members Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member):
 This Section (including subsections) shall apply to members who were hired as fulltime employees eligible for CalPERS membership on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c).
 2% at 57 Pension Formulas: The “2% @ 57” retirement program will be available to members covered by this Section 3.3.
 Final Compensation Based On 36-Months: For the purposes of determining a retirement benefit, final compensation for members covered by this Section 3.3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.
 Required Member Contributions:

Required 50% of Normal Costs: As required by Government Code Section 7522.04(g), effective January 1, 2013, members covered by this Section 4.3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.

3. Converting Sick Leave Balance.

An employee who retires may convert their unused sick leave balance to service credit as provided by Government Code Section 20965. Any accrued unused sick leave credit that is paid out at termination will not be available for conversion to service credit.

4. Other Options Included In CalPERS Contract.

Employees shall be eligible for other options included in the City’s contract with CalPERS applicable to safety employees as stated in that contract, and allowed by law.

5. Implementation of Internal Revenue Code Section 414(h)(2).

As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

6. All Provisions Subject to Requirements of Law.

The City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this MOU and related practices, the City will comply Agenda Item #9.10.

17 with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or prior resolutions.

B. 401(A) MONEY PURCHASE PLAN – CITY CONTRIBUTION TO FULL-TIME PEPRA AND FULL-TIME CLASSIC SHPFFA MEMBER.

In lieu of an increase to salary this contract, and in consideraƟon of the City’s limit on its CalPERS reƟrement formula for SHPFFA members, both PEPRA (2%@57), and Classic (½@55), the City shall establish a 401(a) Money Purchase Plan Account for each full-Ɵme member and shall contribute the following:

1. EffecƟve July 1, 2025, the City shall make a two percent (2%) pre-tax base salary contribuƟon to the 401(a) Money Purchase Plan account of each full-Ɵme PEPRA and fullƟme Classic member each pay period, up to the annual limit under IRC §415(c).

2. EffecƟve January 1, 2026, the City shall make an addiƟonal two percent (2%) contribuƟon of pre-tax base salary contribuƟon to the 401(a) Money Purchase Plan account of each full-Ɵme PEPRA and full-Ɵme Classic member each pay period, up to the annual limit under IRC §415(c).

3. These contribuƟon limits are inclusive of the contribuƟons of the City, which also includes any contribuƟons of the City or employee to any other 401(a) accounts the full-Ɵme PEPRA and Classic safety employees hold with the City or other enƟƟes related to the City that meet IRS requirements.

4. Because the City contribuƟon is derived from base salary, the City’s dollar contribuƟon to each full-Ɵme PEPRA member’s and full-Ɵme Classic member’s 401(a) Money Purchase Plan account shall increase with any increase to the full-Ɵme PEPRA and fullƟme Classic base salary, subject to the contribuƟon limits set forth above.

5. In no event will the City’s contribuƟon exceed four percent (4%) of the full-Ɵme members’ pre-tax base salary.

6. No employee contribuƟon will be permiƩed to the employee’s 401(a) Money Purchase Plan account.

7. This provision shall be in addiƟon to the current reƟrement formula through CalPERS, 2%@57 (PEPRA) and ½@55 (Classic).

C. DEFERRED COMPENSATION PLAN (457).

The City offers a Deferred Compensation Plan under which employees may designate portions of their salaries to be deferred for tax purposes. The City will equally match an employee’s deferred compensation contribution, not-to-exceed twenty-five dollars ($25.00) per month. Employees may elect to make traditional (pre-tax) and/or ROTH (post-tax) contributions to the plan, up to the maximum allowed, under IRS rules.

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Agenda Item #9.10.

18 D. RETIREMENT HEALTH SAVINGS (RHS) PLAN.

The City agrees to establish an RHS Plan through MissionSquare. The plan will be voluntary and contributions will be made by members as allowed under IRS rules.

B.E. SOCIAL SECURITY PAYMENT.

Employee contributions for Social Security are the responsibility of the employee and will not be reimbursed by the City.

ARTICLE 12: TRAINING AND PROFESSIONAL GROWTH
A. To promote continued development of skills, knowledge, and abilities among the Employee, the Fire Chief may grant time off to employee(s) for educational leave. Such leave may be received in order to attend professional, technical, or managerial workshops, courses, conferences, conventions, seminars, or related activities. The cost of attendance at these activities, including travel, per diem, registration, tuition, materials or other reasonable costs, are legitimate City expenditures as provided for in the annual City Budget.TUITION REIMBURSEMENT.

The City of St. Helena encourages professional growth which is beneficial to both the City and the employees. The City will provide reimbursements for employees up to $3,500 per fiscal year for the cost of books and tuition incurred for which the employee earns college credits for classes taken in pursuit of an academic degree from an accredited college or university, which would promote professional development within City of St. Helena employment. The program is voluntary.

B. SPECIALIZED SCHOOLS AND TRAINING.

Individual Full-Time employees will be reimbursed for up to $750.00 per year in educational expenses for job-related courses. The total amount reimbursed to all employees in the unit represented by the Association through this program will not exceed $4,500.00 per year, subject to the City Manager’s determination that courses and training are job-related. This provision does not include payment of fees or tuition for course work taken in pursuit of an academic degree. The program is voluntary.

1. Courses in A and B above require pre-approval prior to the date of enrollment in the course of study to ensure the expense is eligible under the MOU.

2. The combined amount of reimbursement for sections A and B shall not exceed $3,500 per year per employee.

ARTICLE 13: BENEFITS ON SEPARATION
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Agenda Item #9.10.

19 Upon separation from employment, all benefits provided by the City to an employee shall be terminated with the following exceptions:

A. COBRA CONTINUATION.

An employee leaving City employment may be entitled to certain insurance coverage opportunities, at employee’s expense, under the federally mandated COBRA Program and California counterpart. Employee will receive notice of COBRA options and must timely elect benefit continuation.

B. CONTINUATION OF CERTAIN INSURANCE POLICIES.

Upon retirement from City service, an employee enrolled immediately preceding retirement in an insurance program (other than life insurance) maintained or sponsored by the City, may continue to be enrolled in such program subject to the conditions of the applicable insurance plan and set forth below.

1. Conditions.
a. That continued enrollment has the approval of the insurance company concerned. b. Enrollment will cease at such time as the City terminates or converts an insurance program.
c. The retired employee shall be responsible for the entire premium and shall either regularly reimburse the City for the full premium payment or make payments directly to the insurance company.

ARTICLE 14: GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINED.

A grievance is a formal allegation by a member of the Association or by the Association on behalf of a member, regarding an alleged violation of a specific provision of this MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline, performance evaluations, layoff, demotion, reprimand, transfer, denial of reinstatement or denial of step increase. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

B. PROCEDURE.

1. Step 1: Informal Discussion.

Agenda Item #9.10.

20 Within ten (10) calendar days of the occurrence or when they become aware of an act in dispute an employee shall discuss it with their immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) calendar days after the discussion.

If the employee is not satisfied with the response, they may proceed to Step 2.

2. Step 2: Department Head Determination.

Any dispute not resolved at Step 1 may be submitted to the Department Manager in writing within ten (10) calendar days after the Supervisor’s response in Step 1. The written statement should cite the specific provision of this MOU in dispute. A copy of the written statement shall be provided to the affected employee’s immediate Supervisor. Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee and the Department Head who shall attempt to resolve the matter. The Department Head shall give the employee a written reply within five (5) calendar days after such meeting. If the employee is not satisfied with the response, they may proceed to the next step.

3. Step 3: City Manager Review.

Any dispute not resolved at Step 2 may be submitted in writing to the City Manager, with copies of the Step 2 response, within five (5) calendar days after the Department Manager’s response. The City Manager shall provide written confirmation of receipt of the dispute to the employee, and shall schedule a meeting within five (5) calendar days, to discuss the matter with the employee.

After consideration of the facts, the City Manager shall give a written decision to the employee within ten (10) calendar days after the meeting.

4. Step 4: City Council Review.

The decision of the City Manager may be appealed to the City Council for review if the grievance remedy sought has a value exceeding $25,000. In such event the employee may request a hearing before the City Council. Such request for hearing must be submitted in writing within fifteen (15) days of receipt of the City Manager’s decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council Agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall Agenda Item #9.10.

21 have the following options: (1) refuse to hear the appeal; (2) make a decision on the documentation submitted; or (3) hold a hearing after which they shall make a decision.

The decision of the City Council shall be final.

C. DEADLINES.

Failure to timely initiate a grievance or timely advance it properly to the next level shall constitute a waiver of the grievance, However, the parties may mutually agree to extend any of the above deadlines in writing, for example in the event of an involved party’s prolonged illness or in response to other unavoidable circumstances.

ARTICLE 15: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION A. RESIGNATION.

An employee wishing to separate from service to the City in good standing shall file with the Department Head, at least two (2) weeks prior to leaving City service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Office with a Personnel Action Form. Failure to give two (2) weeks’ notice shall be entered upon the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give the required notice shall be reported immediately to the Human Resources Division by the Department Head.

B. EXIT INTERVIEW.

Any person leaving City employment shall have the opportunity for an exit interview. The purpose of the interview shall be to allow the City to receive, and the employee the opportunity to provide, the employee’s candid observation of City employment in order to help improve personnel management and departmental functioning. Such interviews normally shall be conducted no earlier than fifteen (15) days prior to nor more than fifteen (15) days later than the employee’s effective date of retirement or termination of employment.

C. DISCIPLINARY AUTHORITY.

A Full-Time Employee may be disciplined or discharged by their Department Head but shall have the right to appeal the discipline or discharge for final determination by the City Manager as set forth below.

D. PROBATIONARY EMPLOYEES.

In accordance with the City’s policy on Probationary Employees, Probationary Employees are not entitled to the Disciplinary Procedures or Appeal rights set forth in this Article 14.

Probationary Employees are at-will employees and may be disciplined or terminated at-will, without notice and without cause. The City has no obligation to limit its reasons for discipline or termination to those set forth in Subparagraph H. The City’s willingness to discipline or Agenda Item #9.10.

22 terminate an employee in accordance with this Article 14 does not alter the at-will status of the Probationary Employee’s employment.

E. DISCIPLINARY ACTIONS.

For employees who have passed the probationary period the City generally will apply principles of progressive discipline in response to actions constituting cause for discipline that reasonably are subject to remediation. However, the City may discipline employees without progression, up to and including termination, in instances where the City reasonably determines that the action at issue is sufficiently serious and/or remediation is not appropriate.

The following are appropriate disciplinary actions that may be taken as corrective measures.

1. Reprimand.

An employee may be reprimanded by their Supervisor, Department Head, or the City Manager. A reprimand may be either verbal or written. A note may be made of a verbal reprimand and placed in the employee’s personnel file, and a written reprimand will be placed in the employee’s personnel file. Grounds for reprimand include, but are not limited to, those listed in Subparagraph H below. Reprimands are not subject to Discipline Procedures and the right to Appeal. However, the employee has the right to meet with the Supervisor/Department Head who issued the reprimand before the reprimand is placed in the employee’s personnel file. The employee may also rebut the reprimand by providing a written statement which will be included in the employee’s personnel file along with the written reprimand.

2. Suspension.

An employee may be suspended by their Department Head. Suspension may be imposed for disciplinary purposes or may be imposed pending investigation and possible discharge. While the matter is being investigated, employee shall continue to receive salary and benefits. Suspension shall be for a fixed period of time. Grounds for suspension include, but are not limited to, those listed in Subparagraph H below.

Suspension of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

3. Reduction in Salary.

A Department Head may reduce the salary of an employee for disciplinary reasons, provided that such reduction shall be to a step or percentage within the salary range of the Classification held by the employee. A new Anniversary date (for purpose of salary increases only) shall be established as of the effective date of the reduction in salary, unless the reduction is for a specified period of time, in which case the Agenda Item #9.10.