Agenda packet — St. Helena City Council, August 11, 2026 (part 2 of 9)

10 2/22/21 Amend 18730
1 (8.3) Section 8.3. Loan Terms.
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(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her the officer’s election to office through the date he or she the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

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11 2/22/21 Amend 18730
1 2. If the loan has no defined date or dates for repayment, when one year has elapsed from 2 3
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22 the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

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12 2/22/21 Amend 18730
1 No designated employee shall make, participate in making, or in any way attempt to use 2 3
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22 his or her the employee’s official position to influence the making of any governmental decision which he or she the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her the official’s immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her the employee’s participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is

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13 2/22/21 Amend 18730
1 needed to break a tie does not make his or her the employees’ participation legally required for 2 3
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purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her the official’s official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her the official’s immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she the employee should not make a governmental decision because he or she the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her the employee’s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.

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14 2/22/21 Amend 18730
1 (12) Section 12. Violations.
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22 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. ____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual,

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15 2/22/21 Amend 18730
1 spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 2 3
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percent or greater.
5 A designated employee's income includes his or her the employee’s community property interest in the income of his or her the employee’s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

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83578.00000\40716344.1

NOTICE OF INTENTION TO AMEND THE

CONFLICT OF INTEREST CODE OF THE
CITY OF ST. HELENA
NOTICE IS HEREBY GIVEN that the City Council of the City of St. Helena (the "City") intends to amend the City's Conflict of Interest Code (the "Code") pursuant to Government Code Section 87306.

A conflict of interest code designates those employees, members, officers and consultants who make or participate in the making of governmental decisions which may affect their financial interests. The City's proposed amendment includes a new position that must be designated, revises titles of existing positions, revise disclosure categories and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.

The proposed amended Code will be considered by the City Council on August 11, 2026 at 6:00 p.m., Vintage Hall Board Room - Second Floor, 465 Main Street during a City Council meeting. Any interested person may email a public comment to [email protected] or provide public comment at the public meeting.

Any comments or inquiries should be directed to the attention City Clerk, 1088 College Avenue, St. Helena, CA. 94574; (707) 968-2742. Written comments must be submitted no later than August 11, 2026, at 3:00 p.m.

The proposed amended Code may also be reviewed at, and copies obtained from, the office of the City Clerk, by appointment only during regular business hours.

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Conflict of Interest Code
Of the City of St. Helena
(Amended August 12, 2025 August 11, 2026)
The Political Reform Act (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission adopted 2 Cal. Code of Regulations, Section 18730, which contains the terms of a standard conflict of interest code that can be incorporated by reference in an agency's code. After public notice and hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act.

Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of St. Helena ("City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, all other officials and designated positions required to submit a statement of economic interests shall file their statements using St. Helena City eDisclosureDocs system. The City Clerk shall make all statements available for public inspection on the City's website and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training every two years as required pursuant to Government Code section 53235 (AB 1234). The City Clerk, as the City's Filing Officer, shall provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)

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APPENDIX

CONFLICT OF INTEREST CODE
OF THE
CITY OF ST. HELENA
PART “A"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the Administrative Services Director, and all other city officials who manage public investments, as defined by 2 Cal. Code of Regs, section 18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. (Regulation § 18730(b)(3)).

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are "other city officials" who manage public investments.1 These positions listed here for informational purposes only.

Administrative Services Director
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS'

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Assistant Administrative Services Director 4
Assistant City Manager 1, 2
Assistant to the City Manager 4
Asst. City Attorney 1, 2
Chief of Police 5
Police Lieutenant 5
Fire Chief 5
Fire Captain 5
Community Development Director 1, 2
Senior Planner 2, 3, 6
Chief Building Official 2, 3, 6
City Clerk 5
Public Works Director and City Engineer 1, 2
Community Services Director 5
Recreation Manager 5
Deputy Director of Community Services - Library 5
Assistant Public Works Director 5
Management Analyst 5
Public Works Operations Manager 5
Public Works Assistant Operations Manager 5
Senior Civil Engineer 2, 3, 5
Deputy City Manager 1,2
Finance Manager 1,2
Program Manager 5
Human Resources Manager 5
Senior Management Analyst 5
Treatment Plant Manager 4
Project Manager 4
Consultants 2
Note: Electronic Statements of Economic Interest for the following are electronically sent to the Fair Political Practices Commission: City Manager, City Attorney, Administrative Services Director, Mayor and City Council, and Planning Commissioners. 2 Consultants. Contract consultants shall disclose their material financial interests in regard to all of the disclosure categories, subject to the following limitation:

The City Manager may determine in writing on a case-by-case basis that a particular consultant, although a "designated

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position" is hired to perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements described in this Appendix. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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PART "B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property that the designated employee must disclose for each disclosure category to which the designated is assigned 3 . "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property that are located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that provide services, supplies, materials, machinery, vehicles, or equipment of a type purchased or leased by the City.

Category 5: Ali investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that provide services, products, supplies, materials, machinery, vehicles, or equipment of a type purchased or leased by the designated employee's department, unit, or division.

Category 6: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments from business entities subject to the regulatory, permit, or licensing authority of the designated employee's department, unit, or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside the City's jurisdiction if the source does not have some connection with, or bearing upon, the functions or duties of the position. Regulation § 18730.1.

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Conflict of Interest Code
Of the City of St. Helena
(Amended August 11, 2026)
The Political Reform Act (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission adopted 2 Cal. Code of Regulations, Section 18730, which contains the terms of a standard conflict of interest code that can be incorporated by reference in an agency's code. After public notice and hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act.

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APPENDIX

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DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS'

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

The City Manager may determine in writing on a case-by-case basis that a particular consultant, although a "designated

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PART "B"

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works Department
DATE: August 11, 2026
FROM: Joseph Leach, Director of Public Works
SUBJECT: Consideration and Adoption of a Resolution Authorizing Amendment No. 2 to St. Helena Contract FY2025-019 with West Yost & Associates, Inc for the Preparation of a Water
Management Plan, Increasing the Contract Amount by $99,924 for a Total Contract Amount Not-To-Exceed $311,552 and increasing the overall project budget by $12,000 to account for staff time.

RECOMMENDED
ACTION:

Authorize the contract increase, the budget amendment and approve the attached resolution.

PREVIOUS COUNCIL
ACTION:

City Council previously authorized the creation of CIP project W25-03 and the St. Helena Contract FY2025-019 with West Yost & Associates for the preparation of a Water Management Plan on October 8, 2024, Resolution 2024-140.

STATEMENT OF THE
PURPOSE:

To increase the contract amount for contract FY2025-019 to allow for the completion of the Water Management Plan and increase the overall project budget.

FINANCIAL IMPACT: The financial impact is $38,979 using 2024 Water Revenue Bonds, increasing the total project budget from $284,573 to an amount not-to-exceed $323,552.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

Capital Improvement Program (CIP) Project W25-03 was established to develop a comprehensive Water Management Plan that evaluates potential water supply sources and management strategies to meet the City's long-term water demands in the face of anticipated population growth and declining water availability.

On October 8, 2024, the City Council authorized the creation of CIP Project W25-03 and approved a professional services agreement with West Yost & Associates to prepare the Water Management Plan. Amendment No. 1 to St. Helena Contract FY 2025-019 was executed on May 21, 2026, extending the term of the contract to December 31, 2026.

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West Yost & Associates is currently developing the Water Management Plan. Draft chapters are being reviewed and vetted by City staff and the Water and Wastewater Advisory Committee to ensure technical accuracy and alignment with the City's long-term water resource objectives.

DISCUSSION:

The development of the Water Management Plan experienced a "pause in production" between August 2025 and April 2026. This delay was caused by key staff vacancies and delayed staff review of the groundwater analysis. As a result, draft Chapters 1 through 4, which were originally scheduled to be completed in 2025, required updates and additional review in 2026 to incorporate the groundwater analysis findings. This delay shifted a substantial portion of the remaining work into 2026, resulting in higher consultant billing rates than those anticipated when the contract was originally created.

In addition to the increased costs associated with the project delay, the City expanded the scope of work to include an online interactive public comment period of the Water Management Plan. The requested budget amendment also provides funding for additional coordination meetings with staff, Napa County Groundwater Sustainability Agency, the Water & Wastewater Advisory Committee, and City Council that were not previously anticipated/budgeted.

West Yost has provided a revised work plan detailing the remaining tasks, estimated billable hours, and applicable billing rates, which is attached to this report. The requested budget amendment of $99,924 will provide sufficient funding to complete the remaining work.

Assuming there is no interruption in contract funding, West Yost anticipates completing the Water Management Plan by November 2026.

Additionally, in an effort to appropriate and "recover" project costs, staff is increasing the project budget to incorporate the accounting of staff time for project engagement (i.e. CIP Overheads = $12,000).

ENVIRONMENTAL REVIEW:

NA
GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 5: Enhance Quality of Life
Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other ATTACHMENTS:

1. Resolution - West Yost Water Management Plan

2. West Yost WMP Work Plan and Billable Hours & Rates

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CITY OF ST. HELENA
RESOLUTION NO. 2026-__
RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO ST. HELENA
CONTRACT FY2025-019 WITH WEST YOST & ASSOCIATES, INC.

FOR THE PREPARATION OF A WATER MANAGEMENT PLAN,
INCREASING THE CONTRACT AMOUNT BY $99,924 FOR A TOTAL
CONTRACT AMOUNT NOT-TO-EXCEED $311,552 AND
INCREASING W25-03 WATER MANAGEMENT PLAN PROJECT
BUDGET IN THE AMOUNT OF $38,979 FOR A TOTAL PROJECT
BUDGET OF $323,552.

RECITALS
A. On October 8, 2024, City Council approved CIP Project W25-03 and approved St.

Helena Contract FY2025-019 with West Yost & Associates for the preparation of a Water Management Plan; and
B. Amendment No. 1 to St. Helena Contract FY2025-019 was executed on May 21, 2026, extending the term of the contract through December 31, 2026; and C. The Water Management Plan was placed on hiatus for 6 months while waiting on results of the groundwater analysis which delayed the project and has resulted in higher billing rates for work that has been pushed back to 2026; and D. Staff have tasked West Yost with additional scope of work, such as creating an online interactive public comment period for the Water Management Plan, as well as attending additional meetings with GSA, the Water & Wastewater Advisory Committee, and City Council; and
E. The higher billing rates for delayed work performed in 2026, together with the additional scope of work, have increased the total cost of the Water Management Plan beyond the amount originally budgeted; and
F. West Yost has provided a work plan with detailed billable hours and billable rates and requests an additional budget of $99,924 to complete W25-03 Water Management Plan, which will increase the project budget by $38,979 for a total project budget of $323,552.

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RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. Authorizes Amendment No. 2 to St. Helena Contract FY2025-019 with West Yost & Associates, Inc. in the amount of $99,924 for a total contract amount not-to-exceed $311,552.

2. Authorizes the City Manager to execute the contract amendment.

3. Budget Amendments are as follows:

Description Fund GL Account Amount
Increase to Project Budget
W25-03 Water
Management Plan -
Design
763 – Water
Revenue Bonds 763-50-30-31-10 26,979
Increase to Project Budget
W25-03 Water
Management Plan – CIP
Overheads
763 – Water
Revenue Bonds 763-50-30-31-80 12,000
TOTAL AMENDMENT 38,979

4. Total Project Funding is as follows:

Description Fund GL Account Amount
W25-03 Water
Management Plan -
Design
763 – Water
Revenue Bonds 763-50-30-31-10 311,552
W25-03 Water
Management Plan – CIP
Overheads
763 – Water
Revenue Bonds 763-50-30-31-80 12,000
TOTAL PROJECT BUDGET 323,552
Approved at a Regular Meeting of the St. Helena City Council on August 11, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Diaz
Council Member Barak:

Council Member Spadarotto:

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APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

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2020 Research Park Drive
Suite 100
Davis CA 95618
530.756.5905 phone
530.756.5991 fax
westyost.com
June 26, 2026 SENT VIA: EMAIL
Joe Leach
Public Works Director
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
SUBJECT: Request for Budget Amendment to the Water Management Plan Contract Dear Joe:

The purpose of this letter is to provide the City of St. Helena (City) with a request for a budget amendment for the remaining work for preparation of a Water Management Plan.

BACKGROUND
West Yost is currently under contract with the City to prepare a Water Management Plan (WMP) to document existing water supply demands and resources in the City and to determine a recommended strategy for supporting General Plan implementation moving forward for the City to implement the General Plan while providing an adequate and reliable water supply to the City’s residents and businesses.

The project kicked off in November 2024 and was originally scheduled to be completed within 12 months (by October 2025).

Because of a significant hiatus in the original WMP preparation schedule, between August 2025 and April 2026, caused by a delay in the receipt of the groundwater analysis, additional time and services are needed to complete the WMP. Also, the City has requested additional services that were not included in the original contract scope of services. These additional services will require additional budget.

AMENDMENT REQUEST BY TASK
West Yost requests additional budget for the following tasks:
• Task 1. Data Collection and Review (Task Completed in 2025. No Additional Work Anticipated for this Task)
• Task 2. Draft Water Management Plan
• Task 3. Final Water Management Plan
• Task 4. Project Management, Meetings, and Quality Assurance/Quality Control A detailed description of the additional scope and corresponding additional budget request is provided in the sections that follow.

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Mr. Joe Leach
June 26, 2026

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N-M-C-City of St Helena-LP-2024 Water Management Plan
Task 2. Draft Water Management Plan
While draft Chapters 1, 2, 3, and 4 were thought to be complete in 2025, due to delays in the overall project schedule, these chapters needed to be updated, reformatted, and re-reviewed in 2026 to support keeping the deliverables current and consistent with the latest available information. These efforts were necessary to maintain the quality, accuracy, and relevance of the final deliverables.

In addition, because portions of the Task 2 subtasks remain unbilled and will now be completed in 2026, West Yost’s current 2026 billing rates are now applicable rather than the 2024 and 2025 rates included in the original budget. As a result, additional budget is needed to complete the remaining authorized work under Task 2.

Task 3. Final Water Management Plan
While the overall scope of work and intended deliverables for Task 3 remain unchanged, the extended project schedule has shifted the timing of Task 3 work into 2026. Because this work will now be completed in a later billing period than originally anticipated, West Yost’s 2026 billing rates are applicable to the remaining effort. As a result, additional budget is needed to complete the originally authorized Task 3 work.

Task 4. Project Management, Meetings, and Quality Assurance/Quality Control New scope items have been added to this task since the original contract was signed, including an online interactive public comment period for the WMP and associated comment log. The extended project schedule has shifted a portion of the remaining Task 4 work to 2026. Because this work will now be completed in a later billing period than originally anticipated, West Yost’s 2026 billing rates are applicable to the remaining effort. Additionally, the extended project schedule has required schedule rework, continued check-in meetings to maintain momentum, response to evolving project needs, and additional coordination, requiring more hours than originally anticipated. Several meetings and presentations requested by the City are outside the original scope of services, including attendance at meetings with County staff, City leadership, Water/Wastewater Committee meetings, GSA staff meetings, GSA meetings, and City Council meetings occurring primarily in 2026.

The requested budget amendment allows for attendance at an additional 15 team check-in meetings, compared to the 12 meetings included in the original proposal. The amendment also provides budget for attendance at up to two meetings with GSA staff and/or the GSA, as well as attendance at up to six Water/Wastewater Committee meetings, and attendance at one City Council meeting.

PROJECT BUDGET
The project schedule has extended beyond the timeframe anticipated in the original estimate. The original budget assumed the work would be completed between 2024 and 2025; however, projected completion has shifted into 2026. During this period, standard billing rate adjustments have occurred, including changes associated with staff promotions and updated labor categories for project team members.

West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1.

West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s 2026 Billing Rate Schedule. The requested budget amendment amount is $99,924, for a revised not-to-exceed total amended budget of $311,552. West Yost’s 2026 Billing Rate

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Mr. Joe Leach
June 26, 2026

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N-M-C-City of St Helena-LP-2024 Water Management Plan
Schedule is provided in Attachment A. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.

Table 1. Estimated Additional Project Hours and Budget
Task
2026 Level of
Effort, hours
2026
Estimated
Budget,
dollars
Notes of Explanation
Task 2. Draft Water Management Plan 96 28,596 Project timeline extension is causing rework.

Task 3. Final Water Management Plan 0 1,342
No additional hours added; the
additional budget accounts for the
increase to 2026 billing rates. 48
hours at blended 2024/2025 rates
was $12,252; 48 hours at 2026
rates is $13,594.

Task 4. Project Management, Meetings,
and Quality Assurance/Quality Control 223 69,986
Due to the project timeline
extension and additional scope
added, an additional 223 hours at
the 2026 billing rate are needed.

Total Additional Project Hours and Budget 319 $99,924
Table 2 shows the contracted original budget by task, and the estimated budget remaining as of June 22, 2026. As of June 22, 2026, there was about $24,648.50 remaining in the contract budget.

Table 2. West Yost Task Budget and Estimated Budget Remaining as of June 22, 2026 Task Task Description
Contracted
Budget,
dollars
Total Estimated(a)
Spent, dollars
Estimated Budget
Remaining,
dollars
1 Data Collection and Review 14,668.00 14,634.75 33.25
2 Draft Water Management Plan 136,830.00 119,844.25 16,985.75 3 Final Water Management Plan 12,252.00 0 12,252.00
4 Project Management, Meetings, and
Quality Assurance/Quality Control 47,878.00 52,500.50 -4,622.50 Total $211,628.00 $186,979.50 $24,648.50
(a) Total invoiced through May 8, 2026, plus estimated costs through June 22, 2026.

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Mr. Joe Leach
June 26, 2026

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N-M-C-City of St Helena-LP-2024 Water Management Plan
Table 3 shows West Yost’s proposed budget amendment by task, along with the proposed revised budget and the budget remaining by task.

Table 3. Proposed West Yost Task Budget Amendments to Support Water Management Plan Completion
Task
Task
Description
Contracted
Budget,
dollars
Budget
Remaining (as
of June 22,
2026), dollars
Proposed
Budget
Amendment,
dollars
Proposed
Revised
Budget, dollars
Proposed
Revised Budget
Remaining,
dollars
1 Data Collection
and Review 14,668.00 33.25 0.00 14,668.00 33.25
2 Draft Water
Management
Plan
136,830.00 16,985.75 28,596.00 165,426.00 45,581.75
3 Final Water
Management
Plan
12,252.00 12,252.00 1,342.00 13,594.00 13,594.00
4 Project
Management,
Meetings, and
Quality
Assurance/Qua
lity Control
47,878.00 -4,622.50 69,986.00 117,864.00 65,363.50
Total $211,628.00 $24,648.50 $99,924.00 $311,552.00 $124,572.50

SCHEDULE
West Yost is currently working on the Water Management Plan under the remaining existing budget on a schedule closely coordinated with City staff. The progress on the completion of the Water Management Plan will continue following the execution of this amendment. In the event that the existing budget is exhausted prior to execution of this amendment, progress on the Water Management Plan and associated meetings will pause until additional budget is made available. Assuming there is no gap in contract funding, the Water Management Plan is on track for completion in November 2026, as shown in Attachment B, “Water Management Plan Completion” schedule.

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Mr. Joe Leach
June 26, 2026

Page 5 ends

N-M-C-City of St Helena-LP-2024 Water Management Plan
Thank you for providing West Yost the opportunity to be of continued service to the City of St. Helena.

We look forward to completing the Water Management Plan with you. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST
Monique Day, PE Elizabeth Drayer, PE
Project Manager Principal-in-Charge
RCE #69793 RCE #46872
Attachment A: West Yost’s 2026 Billing Rate Schedule
Attachment B: Water Management Plan Completion Schedule

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West Yost’s 2026 Billing Rate Schedule
Attachment A

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(Effective January 1, 2026, through December 31, 2026)*

POSITIONS

ENGINEERING
Principal/Vice President $392
Engineer/Scientist/Geologist Manager I / II $370 / $387 Principal Engineer/Scientist/Geologist I / II $333 / $355 Senior Engineer/Scientist/Geologist I / II $297 / $312
Associate Engineer/Scientist/Geologist I / II $246 / $265 Engineer/Scientist/Geologist I / II / III $191 / $221 / $231 Engineering Aide $117
Field Monitoring Services $145
Administrative I / II / III / IV $107 / $133 / $160 / $176

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $384 / $387
Principal Tech Specialist I / II $353 / $365
Senior Tech Specialist I / II $320 / $334
Senior GIS Analyst $292
GIS Analyst $277
Technical Specialist I / II / III / IV $206 / $231 / $261 / $291 Technical Analyst I / II $148 / $176
Technical Analyst Intern $119
Cross-Connection Control Specialist I / II / III / IV $154 / $167 / $188 / $208 CAD Manager $233
CAD Designer I / II $181 / $204

CONSTRUCTION MANAGEMENT
Senior Construction Manager $373
Construction Manager I / II / III / IV $222 / $237 / $251 / $318 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $200 / $222 / $247 / $256 Apprentice Inspector $181
CM Administrative I / II $96 / $130
Field Services $256
2026 Billing Rate Schedule

LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2

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(Effective January 1, 2026, through December 31, 2026)* Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $200 / day
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Skydio 2+ Drone (2 hour minimum) $100 / hour
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $18.75 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2026 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2

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N-M-C-City of St Helena-LP-2024 Water Management Plan
Water Management Plan Completion Schedule
Attachment B

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ID Task
Mode
Task Name Duration Start Finish Predecessors
1 West Yost Contract
Amendment
30 days Wed
6/17/26
Tue 7/28/26
2 West Yost to Submit
Amendment Proposal
10 days Wed
6/17/26
Tue 6/30/26
3 City Staff to Prepare
Staff
Report/Resolution
7 days Wed 7/1/26 Thu 7/9/26 2
4 City Council Approval
of Contract
Amendment
0 days Tue 7/28/26 Tue 7/28/26 3FS+13 days
5 Meetings 108 days Tue 6/16/26 Thu 11/12/26
6 City/WY Team
Check-in Meetings
91 days Tue 6/16/26 Tue
10/20/26
17 Water/Wastewater
Committee Meetings
91 days Thu 7/9/26 Thu
11/12/26
23 Chapters 2 and 4 27 days Wed 6/17/26Thu 7/23/26
24 City Staff Reviews
Chapter
7 days Wed
6/17/26
Thu 6/25/26
25 West Yost Updates
Chapter and Submits
to Committee
5 days Fri 6/26/26 Thu 7/2/26 24
26 West Yost and City
Staff Receive and
Respond to
Committee Comments
15 days Fri 7/3/26 Thu 7/23/26 25
27 Chapter 5 27 days Wed 6/17/26Thu 7/23/26
28 West Yost Submits
Draft to City Staff
0 days Wed
6/17/26
Wed
6/17/26
29 City Staff Reviews
Chapter
7 days Wed
6/17/26
Thu 6/25/26 28
30 West Yost Updates
Chapter and Submits
to Committee
5 days Fri 6/26/26 Thu 7/2/26 29
31 West Yost and City
Staff Receive and
Respond to
Committee Comments
15 days Fri 7/3/26 Thu 7/23/26 30
32 Chapter 6 47 days Wed 6/17/26Thu 8/20/26
33 West Yost Submits
Draft to City Staff
12 days Wed
6/17/26
Thu 7/2/26
34 City Staff Reviews
Chapter
10 days Fri 7/3/26 Thu 7/16/26 33
35 West Yost Updates
Chapter and Submits
to Committee
10 days Fri 7/17/26 Thu 7/30/26 34
36 West Yost and City
Staff Receive and
Respond to
Committee Comments
15 days Fri 7/31/26 Thu 8/20/26 35
7/28
6/17
9 14 19 24 29 4 9 14 19 24 29 3 8 13 18 23 28 2 7 12 17 22 27 2 7 12 17 22 27 1 6 11 16 21 26 1 June 2026 July 2026 August 2026 September 2026 October 2026 November 2026 December 2026 St. Helena Water Management Plan Completion Schedule

Page 1 ends

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ID Task
Mode
Task Name Duration Start Finish Predecessors
37 Chapter 7 72 days Wed 6/17/26Thu 9/24/26
38 West Yost Submits
Draft to City Staff
40 days Wed
6/17/26
Tue 8/11/26
39 City Staff Reviews
Chapter
10 days Wed
8/12/26
Tue 8/25/26 38
40 West Yost Updates
Chapter and Submits
to Committee
7 days Wed
8/26/26
Thu 9/3/26 39
41 West Yost and City
Staff Receive and
Respond to
Committee Comments
15 days Fri 9/4/26 Thu 9/24/26 40
42 Chapter 8 47 days Wed 7/22/26Thu 9/24/26
43 West Yost Submits
Draft to City Staff
15 days Wed
7/22/26
Tue 8/11/26 38FS-15 days
44 City Staff Reviews
Chapter
10 days Wed
8/12/26
Tue 8/25/26 43
45 West Yost Updates
Chapter and Submits
to Committee
7 days Wed
8/26/26
Thu 9/3/26 44
46 West Yost and City
Staff Receive and
Respond to
Committee Comments
15 days Fri 9/4/26 Thu 9/24/26 45
47 Chapter 9 20 days Fri 9/4/26 Thu 10/1/26
48 West Yost Submits
Draft to City Staff
10 days Fri 9/4/26 Thu 9/17/26 40
49 City Staff Reviews
Chapter
5 days Fri 9/18/26 Thu 9/24/26 48
50 West Yost Updates
Chapter
5 days Fri 9/25/26 Thu 10/1/26 49
51 Draft WMP 45 days Fri 9/4/26 Thu 11/5/26
52 West Yost Submits
Draft WMP
20 days Fri 9/4/26 Thu 10/1/26 50FF
53 Public Review Period 20 days Fri 10/2/26 Thu 10/29/2652 54 West Yost and City
Staff Review
Comments and Submit
Comment Log to
Committee
5 days Fri 10/30/26 Thu 11/5/26 53
55 Final WMP 11 days Fri 11/13/26 Fri 11/27/26
56 West Yost Finalizes
WMP
10 days Fri 11/13/26 Thu
11/26/26
54,22
57 City Posts Final WMP
to Website
1 day Fri 11/27/26 Fri 11/27/26 56
9 14 19 24 29 4 9 14 19 24 29 3 8 13 18 23 28 2 7 12 17 22 27 2 7 12 17 22 27 1 6 11 16 21 26 1 June 2026 July 2026 August 2026 September 2026 October 2026 November 2026 December 2026 St. Helena Water Management Plan Completion Schedule

Page 2 ends

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Admin
DATE: August 11, 2026
FROM: Mandy Kellogg, Director of Administrative Services SUBJECT: Proposed Approval of a Resolution:
(1) Approving the Memorandum of Understanding Between the City of St. Helena and the Police Officers' Association (POA) for a One-year Contract Commencing on July 1, 2026 and expiring on June 30, 2027; and
(2) Approving the Memorandum of Understanding Between the City of St. Helena and the St. Helena Employees Association (SHEA) for a One-year Contract Commencing on July 1, 2026 and expiring on June 30, 2027; and
(3) Approving the Memorandum of Understanding Between the City of St. Helena and the St. Helena Professional Firefighters Association (SHPFA) for a One-year Contract Commencing on July 1, 2026 and expiring on June 30, 2027; and
(4) Adopting and Approving the Publicly Available Pay Schedules in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for members covered under the Police Officers' Association (POA), St. Helena Employees Association (SHEA), and St. Helena Professional Firefighters Association (SHPFA).

RECOMMENDED
ACTION:

Staff recomends approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose is to approve amendments to the Memorandum of Understandings (MOUs) and approve and adopt salary schedules for SHEA, SHPFA, and POA, effective July 1, 2026.

FINANCIAL IMPACT: The total fiscal impact of the salary and benefit adjustments is

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approximately $278,400. The total increase has been included in the Fiscal Year 2026-27 Operating Budget adopted by City Council on June 10, 2025.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

The City of St. Helena has three represented collective bargaining groups — St. Helena Police Officers' Association (POA), St. Helena Professional Firefighters Association (SHPFA), St.

Helena Employees Association (SHEA).

In accordance with the Meyers-Milias-Brown Act (MMBA), the City engages in labor negotiations with each of the represented bargaining units to establish terms and conditions of employment, including wages, benefits, and working conditions.

All current Memorandums of Understanding (MOUs) for the represented groups, expired on June 30, 2026. Labor negotiations for successor agreements began in March 2026 and have recently concluded. The City and its labor unions have reached tentative one-year agreements to amend compensation and benefit structures, effective for the term of July 1, 2026 to June 30, 2027.

These agreements reflect a collaborative effort to address ongoing recruitment and retention challenges, while remaining mindful of the City's continuing fiscal constraints.

Formal adoption of the amended agreements and updated salary schedules will ensure compliance with negotiated term.

DISCUSSION:

Outlined below are the key provisions from the agreements reached with each of the bargaining groups:

Police Officers’ Association (POA)
The POA bargaining unit comprises the following classifications: Police Officer, Police Sergeant, Records Supervisor, Property & Evidence Technician, and Police Officer Trainee, which represents 13 budgeted positions.

In recognition of the ongoing challenges associated with recruiting and retaining qualified sworn police personnel, the proposed MOU includes targeted compensation enhancements for sworn bargaining unit members. These enhancements include additional equity adjustments, as well as increases to shift differential and POST certificate incentive pay, to strengthen the City's competitive position in the regional labor market and support workforce stability within the Police Department.

The attached agreement reflects the agreed-upon changes with the following key components:
• Term – The contract is for a one-year term, effective July 1, 2026 through June 30, 2027.

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• Annual Cost of Living Adjustment (COLA) – 3% COLA effective July 1, 2026. • Equity Adjustments for Sergeant and Police Officer Classifications:
o 1% increase effective July 1, 2026
o 1% increase effective January 1, 2027
• Shift Differential (Graveyard Shift) – Increase from 2.0% to 3.5% effective July 1, 2026. • POST Certificate Pay – Increased as follows:
o Post Intermediate Certificate – Increase from $150 per month to $250 per month o Post Advanced Certificate – Increase from $275 per month to $400 per month • NEW Section – Military Leave: Adds a military leave provision providing paid leave for employees on ordered military duty, in accordance with applicable law, for up to an aggregate of 40 calendar days per fiscal year.
• Catastrophic Leave Program – Amend Administrative Policy P-HR-0701 Catastrophic Leave to include employee’s deployment to military duty. • Floating Holidays – Increase Floating Holiday accrual by one additional day (8-hours) to align with the other bargaining groups.
• One-time Additional Day Off – City shall provide for the duration of this contract only, a one-time additional paid day off on one of December 23, 28 or 30 for only non-sworn members.
• Medical Insurance Opt-Out Stipend – Employees eligible for Employer-sponsored medical insurance and who voluntarily decline such coverage during open enrollment because they are covered under another group medical insurance plan may receive an opt-out stipend of $300 per month.

The agreed-upon updates to the POA MOU are provided as Attachment 1 (redlined version) and Attachment 2 (clean version). Additional amendments have been incorporated throughout the document to clarify existing practices and improve overall language consistency.

St. Helena Employees Association (SHEA)
The SHEA bargaining unit comprises 35 different classifications, which represent 37 budgeted positions.

The attached agreement reflects the agreed-upon changes with the following key components:
• Term – The contract is for a one-year term, effective July 1, 2026 through June 30, 2027.
• Annual Cost of Living Adjustment (COLA) – 3% COLA effective July 1, 2026. • Certificate Pay – Increase Certificate Pay from $100 per month to $200 per month for the following certificates:
o Pesticide
o Backflow Prevention
o Arborist
o Class B Driver’s License
• Medical Insurance Opt-Out Stipend – Employees eligible for Employer-sponsored medical insurance and who voluntarily decline such coverage during open enrollment because they are covered under another group medical insurance plan may receive an

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opt-out stipend of $300 per month.
• For the duration of this contract period only (July 1, 2026 through June 30, 2027) parties agree to the following terms:
o Holiday Swap – Remove Cesar Chavez Day (March 31) as a recognized holiday and add Juneteenth (June 19) as a recognized holiday.
o Personal Convenience Holiday – Add one additional Personal Convenience Holiday to members that have five years of continuous employment with the City prior to January 1, 2027.

The agreed-upon updates to the SHEA MOU are provided as Attachment 3 (redlined version) and Attachment 4 (clean version). Additional amendments have been incorporated throughout the document to clarify existing practices and improve overall language consistency.

St. Helena Professional Firefighters Association (SHPFA) The SHPFA bargaining unit is comprised of the following classifications: Firefighter, Fire Engineer, and Fire Captain, which represents 6 budgeted positions.

The attached agreement reflects the agreed-upon changes with the following key components:
• Term – The contract is for one-year term, effective July 1, 2026 through June 30, 2027. • Move the Fire Inspector Classification from SHEA to SHPFA. • Annual Cost of Living Adjustment (COLA) – 3% COLA effective July 1, 2026. • Deferred Compensation Plan (457) – Increase Employer match from $25 per month to $75 per month to align with the other bargaining groups. • Medical Insurance Opt-Out Stipend – Employees eligible for Employer-sponsored medical insurance and who voluntarily decline such coverage during open enrollment because they are covered under another group medical insurance plan may receive an opt-out stipend of $300 per month.
• Temporary Vacation Accrual Cap Adjustment – For the first 6 months of the new MOU term, there will be a temporary increase in the annual Vacation accrual cap from 360 to 440 hours for Fire Captains only, which will remain in place until the end of the MOU term. This is to address operational impacts that have limited the Fire Captains' ability to take vacations.

The agreed-upon updates to the SHPFA MOU are provided as Attachment 5 (redlined version) and Attachment 6 (clean version). Additional amendments have been incorporated throughout the document to clarify existing practices and improve overall language consistency.

Salary Schedules
The City of St. Helena contracts with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for its employees. As a public employer, the City must abide by the Government Code when establishing and reporting employee compensation. The California Code of Regulations (CCR) Title 2, Section 570.5 provides that

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each pay schedule meets the following requirements:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws.
• Identifies the position title for every employee position. • Shows the pay rate for each classification.
• Indicates the timebase for each pay rate.
• CalPERS uses the City’s pay schedules to determine final compensation and to calculate retirement benefits for the City’s employees. Inaccurate pay schedules could negatively impact an employee’s final retirement calculation or delay receipt of the appropriate retirement compensation.

Based on salary adjustments outlined in the MOUs it is necessary to adopt new salary schedules for Fiscal Year 2026-27 effective July 1, 2026 (Attachments 7 - 10). In addition, staff proposed an increase for the part-time classifications that is equivalent to the recommendations in MOUs to ensure the part-time salaries are in-line with the rest of the organization.

ENVIRONMENTAL REVIEW:

Not a CEQA Project (CEQA Guidelines §15378)
GOAL:

Goal 6: Improve Employee Recruitment, Retention, & Morale ATTACHMENTS:

1. Resolution - SHEA, POA, SHPFA MOU Updates and Salary Schedule Adoption

2. Attachment 1 - POA MOU 07.01.2026 Red-Lined Version

3. Attachment 2 - POA MOU 07.01.2026 Clean Version

4. Attachment 3 - SHEA MOU 07.01.2026 Red-Lined Version

5. Attachment 4 - SHEA MOU 07.01.2026 Clean Version

6. Attachment 5 - SHPFA MOU 07.01.2026 Red-Lined Version

7. Attachment 6 - SHPFA MOU 07.01.2026 Clean Version

8. Attachment 7 - FY27 POA Salary Schedule Effective 7.1.2026

9. Attachment 8 - FY27 POA Salary Schedule Effective 1.1.2027

10. Attachment 9 - FY27 SHEA Salary Schedule Effective 7.1.2026

11. Attachment 10 - FY27 SHPFA Salary Schedule Effective 7.1.2026

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CITY OF ST. HELENA
RESOLUTION NO. 2026-__
Resolution of the City Council of the City of St. Helena Approving:
(1) Memorandum of Understanding Between the City of St. Helena and the Police Officers' Association (POA) for a One-year Contract Commencing on July 1, 2026 and expiring on June 30, 2027; and (2) Memorandum of Understanding Between the City of St. Helena and the St. Helena Employees Association (SHEA) for a One-year Contract Commencing on July 1, 2026 and expiring on June 30, 2027; and
(3) Memorandum of Understanding Between the City of St. Helena and the St. Helena Professional Firefighters Association (SHPFA) for a One-year Contract Commencing on July 1, 2026 and expiring on June 30, 2027; and
(4) Adopting and Approving the Publicly Available Pay Schedules in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for members covered under the Police Officers' Association (POA), St. Helena Employees Association (SHEA), and St. Helena Professional Firefighters Association (SHPFA).

RECITALS
A. The St. Helena Police Officers Association (POA) Memorandum of Understanding (MOU), St. Helena Employees Association (SHEA), and St. Helena Professional Firefighters Association (SHPFA) expired on June 30, 2026; and B. Negotiations between the POA, SHEA, and SHPFA and the City have resulted in a one-year agreement expiring June 30, 2027. The amendments to the agreements are in the attachments as follows: POA – Attachment 1 and Attachment 2, SHEA – Attachment 3 and Attachment 4, SHPFA – Attachment 5 and Attachment 6; and C. The City of St. Helena contracts with the California Public Employee Retirement System (“CalPERS”) to provide retirement benefits for its employees; and D. Pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and

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E. On August 11, 2026, via this resolution City Council is ratifying one-year agreements with the POA, SHEA, and SHPFA, which includes an increase to base salary for its members; and
F. Staff updated the pay scale with an effective date of July 1, 2026.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. The City Council hereby approves and incorporates by reference the attached Memorandum of Understanding between St. Helena Police Officers Association and the City of St. Helena for the period July 1, 2026 - June 30, 2027; and

2. The City Council hereby approves and incorporates by reference the attached Memorandum of Understanding between St. Helena Employees Association and the City of St. Helena for the period July 1, 2026 - June 30, 2027; and

3. The City Council hereby approves and incorporates by reference the attached Memorandum of Understanding between St. Helena Professional Firefighters Association and the City of St. Helena for the period July 1, 2026 - June 30, 2027; and

4. That the City of St. Helena Publicly Available Salary Schedule which includes a revised salary schedule for members included in the POA MOU, SHEA MOU, SHPFA MOU, and contained in Attachment 7, Attachment 8, Attachment 9, and Attachment 10 are hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5; and

5. That the revised City of St. Helena Publicly Available Salary Schedule makes no changes to the salary schedules for other classifications; and

6. That the City of St. Helena Publicly Available Salary Schedule will be posted on the City’s website and will be made available for public inspection for not less than five years.

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Approved at a Regular Meeting of the St. Helena City Council on August 11, 2026, by the following vote:

Mayor Paul Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Diaz:

Council Member Spadarotto:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

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MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA POLICE OFFICERS' ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
July 1, 20265 – June 30, 20276
ATTACHMENT 1

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1 | P a g e
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 Police Officers' Association, hereinafter referred to as "Association," pursuant to California Government Code Section 3500 et seq. The purpose of this Memorandum of Understanding is the establishment of rates of compensation, hours of work and other terms and conditions of employment.

ARTICLE 2

RECOGNITION

2.1 The City of St. Helena recognizes the Association as the recognized and exclusive representative for the following classifications: Police Officer, Police Corporal, Police Sergeant, Dispatcher, Records Supervisor, Property & Evidence Technician, and Police Officer Trainee.

2.2 This recognition is exclusive of (1) management employee, (2) temporary employees and (3) part-time employees.

2.3 (a) The term "Peace Officer" is defined as any member who is full-time sworn personnel per 830.1 PC.
(b) The term "Dispatcher" is defined as any member who is a full-time Dispatcher, Records Supervisor, and/or Property & Evidence Technician. (c) The term “Police Officer Trainee” is defined as any member who is a full-time nonsworn police trainee.

ARTICLE 3

ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:

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

3.2 Reasonable use of one bulletin board at the Police Department.

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

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2 | P a g e

3.4 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.

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

3.6 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 organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the Police department or with established safety or security requirements.

ARTICLE 4

CITY RIGHTS
To insure that the City is able to carry out 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 in accord with past practice; to expand or diminish services; to subcontract any work or operations in accord with its past practice as necessary to maintain public safety; to determine and change methods of operations; to determine and change work locations and the processes and materials to be employed; to take all necessary actions to perform its functions in emergencies.

ARTICLE 5

GRIEVANCE PROCEDURE

5.1 Grievance Defined: A grievance is a formal allegation by a member of the Association who has been adversely affected by an alleged violation of the specific provisions of the 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. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

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5.2 Procedure:

Step 1: Informal Discussion. Within ten (10) calendar days of the occurrence of an 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, she or he may proceed to the next step.

Step 2: Department Head's Determination. Any dispute not resolved at Step 1 may be submitted to the Police Chief or his designee in writing within ten (10) calendar days after the supervisor's response citing the specific provision of this Agreement in dispute. A copy shall be provided to the immediate supervisor. Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee by the Police Chief or his designee who shall attempt to resolve the matter. The Police Chief or his designee 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.

Step 3: City Manager Review. Any dispute not resolved at Step 2 may be submitted in writing, with copies of Step 2 response, within five (5) calendar days after the Police Chiefs or his designee's response, to the City Manager. In the event that a dispute is referred to the City Manager, he or she shall schedule a meeting within five (5) calendar days with the employee to discuss the matter. After consideration of the facts, the City Manager shall give his or her written decision to the employee within five (5) calendar days after the meeting.

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 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, or

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.

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ARTICLE 6

HOURS OF WORK

6.1 Workweek. The workweek for full-time personnel will be defined by the FLSA public safety definition. The City and the POA recognize this to mean employees will work 160 hours in a 28-day period. The current schedule is a 12-hour shift schedule. Other schedules may be implemented should this need occur. The City will explore with the POA alternative schedules to meet the operating needs of the department.

6.2 Shift Change Notification. The Department shall make every effort to maintain the employee's scheduled days off on a consistent basis during the posted four (4) month rotation period. Shift work employees shall be granted five (5) working days of advance notice of changes in scheduled shifts unless such change is due to illness or emergency.

6.3 Mealtimes. Mealtime for shift employees and non-shift employees is thirty (30) minutes.

6.4 Mealtime Call-Out for Shift Employees. Shift personnel receive mealtime as paid time and shall be subject to call-out during the mealtime.

6.5 Rest Periods. Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are not to be construed as meal time.

6.6 Missed Rest Periods and Mealtimes. For shift employees, since mealtime and rest periods are paid time, nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received.

6.7 Definition of Shift Employees. Shift employees are those assigned to positions, the duties of which are performed on a 24-hour a day, 7-day a week basis, and include Police Officer, Police Corporal Police Sergeant, Property & Evidence Technician, Records Supervisor, Dispatcher and Police Officer Trainee.

6.8 Graveyard Shift. Effective the first full pay period in July 20263, shift employees assigned to work the graveyard shift (6:00 p.m. to 6:00 a.m.) will receive shift differential pay in the amount of three and one halfwo (23.5) percent of base pay for assignment to the “graveyard” shift.

6.9 The City shall maintain the “two on-two off’ system during shift rotations to the best of the City’s ability and based on available staffing. This article shall be open to meet and confer.

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ARTICLE 7

OVERTIME

7.1 Hours Paid. Employees will be paid regular pay for working their regular assigned hours. Employees will be paid overtime at the rate of time and one-half for all hours worked in excess of their regular scheduled hours on a given day or for hours worked in excess of FLSA standards for public safety employees. An example of this would include an employee that is regularly assigned to a 12-hour shift would be paid overtime should their workday exceed 12 hours. Employees assigned on a 3/4 time basis or employees assigned to an 8-hour day will be paid overtime should their workday exceed 8 hours.

7.2 Overtime
A. Regular Overtime Rate. Employees shall be paid overtime at the rate of time and one-half their regular rate of pay, including special pay which is part of their regular pay (e.g., longevity, special duty, educational compensation).

B. Minimum Units of Overtime. Overtime is recorded and paid on the basis of fifteen (15) minute increments (rounded up or down) to the nearest fifteen (15) minute increment. As an example, working seven (7) minutes beyond/before a shift would equal no paid overtime, while working eight (8) minutes beyond/before a shift would equal fifteen (15) minutes of overtime paid to that employee.

7.3 Hours Worked. Holidays, vacation, compensatory time off and sick leave shall constitute hours worked for the purposes of computing overtime.

7.4 Compensatory Time Off. Notwithstanding the provisions of this section, police employees may be granted compensatory time off for overtime credit, at the discretion of the Police 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.

7.5 Scheduling Compensatory Time Off. Requests to use compensatory time off shall be granted with due regard for operational necessity, such as staffing levels. Employees requesting CTO will submit a request to the scheduling supervisor. If granting the CTO request creates the need for coverage, a sign-up will be posted, if no employee signs up to work 72 hours prior to the requested leave, the CTO request will be denied.

7.6 Department Meetings. All department meetings called by the Chief attended by police employees on off-duty time shall be paid overtime at the rate of time and one-half.

7.7 Call Back Pay. Employees who are called to duty at a time they are not scheduled to work shall be compensated at the rate of time and one-half (1 +1/2) of the employee's

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regular rate of pay with a minimum compensation of two (2) hours. Call back overtime is unscheduled overtime as opposed to early start or extended day.

7.8 Court Time Pay. Employees who are subpoenaed to appear in court, at a time when they are not working, about events arising out of their employment, shall be compensated at the rate of time and one-half (1 +1/2) of the employee's regular rate of pay. If such court appearance neither begins nor ends contiguous to the employee's scheduled shift, the employee will be compensated for a minimum of three (3) hours for each required appearance. Employees who have been subpoenaed to appear, and are cancelled from such appearance with less than forty-eight (48) hours notice, shall receive two (2) hours pay at their overtime rate.

7.9 Vacation Call Back. An employee called in to work during their regularly scheduled vacation period shall be compensated at a rate of one and one-half (1+ ½) times their regular rate of pay for all time worked.

7.10 Double-back Pay. When an employee is required to work two scheduled shifts within any twenty-four hour period, the first two hours of the second shift period worked will be at the overtime rate, provided that this provision shall not apply in any situation when the scheduling was done for the convenience of the employee or as a result of a "shift swap."

7.11 Training Travel.

A. Employees assigned to training will have their normal work hours adjusted to reflect work hours of 8:00 a.m. to 5:00 p.m. with one hour off for lunch. The first and last day of class will reflect a ten-hour workday (1/2 hour travel each direction and one hour for lunch are not compensated.) If the first or last day of training is less than ten hours, the employee shall have the option of completing the workday at SHPD, or taking compensatory time off. Travel time is considered portal to portal.

B. If travel to a training site occurs during non-normal working hours, or on a scheduled day off, the employee shall be compensated at time and one half (1 + ½).

C. Employees will not be compensated for travel to pick-up or drop off a City vehicle.

D. Subsistence reimbursement will be according to P.O.S.T. guidelines, however the reimbursement for approved meals during offsite training will be governed by the City’s Administrative Policy “Training & Travel” (P-FI-0023) and in no circumstances be less than $15 for breakfast, $25 for lunch and $35 for dinner.

No receipts are required. If a motel room is unavailable at the P.O.S.T. rate, the difference will be reimbursed based upon receipts, single occupancy, government rates. Lodging will not be reimbursed for the night prior to start of

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training, if training is within a 30-mile radius of point of departure. (refer map, Appendix D)
ARTICLE 8
SALARY

8.1 Effective July 1, 20265, all bargaining unit members shall receive a Cost of Living (COLA) increase of three (3) percent.

8.2 Effective July 1, 2026, Police Officer and Police Sergeant classifications only shall receive a market equity adjustment of one (1) percent which shall be calculated independently and shall not be compounded with the increase of 8.1 above.

8.3 Effective January 1, 2027, Police Officer and Police Sergeant classifications only shall receive a market equity adjustment of one (1) percent.

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ARTICLE 9

INCENTIVE PAY

9.1 Additional monthly salary compensation shall be received by an employee attaining POST Certificates, as follows:

POST Intermediate Certificate $10250.00
POST Advanced Certificate $2400.00
POST Records Supervisor Certificate $150.00
Effective the first full per period in July 2024, additional monthly salary received by an employee attaining POST Certificates shall be as follows:

POST Intermediate Certificate $150.00
POST Advanced Certificate $275.00
POST Records Supervisor Certificate $150.00

9.2 Employees who are fluent in both English and Spanish, both verbal and written, will receive incentive pay in the amount of five (5) percent of their base salary. Fluency is determined through an interview and written examples that demonstrate this skill. Testing is scheduled in June and December. Incentive pay is awarded to begin the following month.

This incentive pay is subject to supervisor review should a performance issue occur.

9.3 Employees determined to be able to communicate in Spanish at a level adequate for law enforcement purposes will receive incentive pay of additional $150.00 per month.

Competency at this level is determined through a demonstration of this skill to a community panel as selected by the Chief of Police. Testing is scheduled in June and December. Incentive pay is awarded to begin the following month. This incentive pay is subject to supervisor review should a performance issue occur.

ARTICLE 10

LONGEVITY
Longevity pay shall be granted to any permanent employee on their fifth anniversary of continuous employment at the rate of two and one-half (2 ½) percent of present salary. At their tenth anniversary, the percentage increment shall be five (5) percent; at the fifteenth-year anniversary, the percentage increment shall be seven and one-half (7 ½) percent; at the twentieth year anniversary and thereafter, the increment shall be ten (10) percent.

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ARTICLE 11

SPECIAL ASSIGNMENT

11.1 An officer, while assigned to the position of Motorcycle Officer, Range Master or Reserve Coordinator with at least six (6) regularly working reserve officers under supervision, shall receive additional compensation of $200.00 per month. This shall be part of the regular pay.

11.2 Officers or Dispatchers assigned as a Field Training Officer or Communication Training Officer shall receive an additional seven (7) percent of their daily salary, per day, while assigned to the trainee.

11.4 Officers working special duty for film making or similar work, which work is paid for by a film production company or similar enterprise, shall be paid for a minimum of four hours at the regular overtime rate.

11.5 Officers, while assigned to the Investigator position, School Resource Officer, or K-9 Handler shall receive an additional compensation of three (3) percent of base salary when acting as an Investigator, School Resource Officer, or K-9 Handler.

11.6 Police service dog handler is paid for through the Citizens' Option for Public Safety (COPS). This program continues as long as funds from this program is available.

1. A Police service Dog handler ("Handler") who is regularly assigned the responsibility for the care, shelter and feeding of a police Dog shall be indemnified by the CITY for all such costs. Expenses related to the care, shelter and feeding of a police Dog include the following: medical costs, veterinarian costs, food, construction and maintenance of a shelter, and kennel costs during the Handler's vacation.

2. Handler shall be compensated in accordance with the POA Memorandum of Understanding for attendance at monthly training sessions related to their assigned police Dog.

3. All expenses provided for by the CITY under Section 1 shall be pre-approved by the Chief of Police or his designate before such reimbursement will be granted to the Handler, and the Handler shall furnish proof to the satisfaction of the CITY for such expenditure.

4. Handlers shall be of the Police Officer rank. The assignment shall be voluntary.

Once accepted for the assignment, the Handler shall remain subject to all Police Department regulations, except as provided herein.

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5. The police Dog is the property of the City of St. Helena. The Handler may voluntarily keep the police Dog at their place of residence, subject to recall by the CITY.

6. The Handler is responsible for the care and feeding of the police Dog. If at any time the Handler is unable to use the police Dog because of its poor health, which is due to the Handler's negligence, the Handler may be disciplined, removed from the canine program, and the police Dog removed from the Handler's custody. If at any time the police Dog is forced to be retired from police service because of its poor health, which is due to the Handler’s negligence, the CITY may seek damages from the Handler for the lost value of the remaining years, or fraction thereof, of expected service of the police Dog. The damages to which the CITY will be entitled to is the sum of $10,344.00. Multiplied by a fraction, the numerator of which is the remaining years or fraction thereof, of expected service of the police Dog and the denominator four (4) years; that is expected years of service of a police Dog.

7. Upon termination of employment with the CITY or participation in the canine program, the Handler may, subject to the CITY'S sole and exclusive discretion, purchase the police Dog from the CITY. The purchase price shall be the sum of $10,344.00, multiplied by a fraction, the numerator of which is the remaining years, or fraction thereof, of expected service of the police Dog and the denominator four (4) years; that is, the expected years of service of the police Dog. When the police Dog is retired from service due to age, health or injury, the Handler may, subject to the CITY'S sole and exclusive discretion, purchase the police Dog from the CITY for $1.00. Upon purchase of a police Dog by the Handler, the CITY thereby relinquishes all control over the care, feeding and maintenance of the police Dog and any responsibility to pay for such services, including the payment of compensation to the Handler under this Agreement, as well as any liability for the actions of the police Dog. Any and all such control, responsibility, and liability for the police Dog will be assumed by the Handler on the day of the purchase.

8. For purposes of this section, the date upon which the police Dog is first put into active duty with its Hander shall be the date from which the expected years of service of the police Dog shall commence.

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b) Handler must have his valid driver license and department ID in his possession when operating the vehicle. (The Police Department uniform will be considered department ID.)
c) Only law enforcement personnel will operate the vehicle. d) When handler is on vacation or other leave, or is on a trip away from home, the City vehicle must be left at the Police Department. e) When commuting, the handler will not engage in law enforcement activity when outside the St. Helena City limits, unless requested to assist another agency. It is appropriate for the handler to use the police radio to advise another jurisdiction of observed criminal violations.
1) This subsection does not apply should the handler witness a felony or serious incident where a person's safety is at risk. As soon as practical, the handler shall notify the agency of jurisdiction.

10. CITY will compensate EMPLOYEE for feeding, grooming, and general care of the Dog. It is estimated that the time spent on non-police work care of the Dog averages approximately sixty (60) minutes per day. Further, it has been determined that said time is substantially similar to the care given to a household pet or other dog. The hours are compensated at the California prevailing minimum wage at the overtime rate of time and a half. As of January 1, 2025, the minimum wage is $16.50 per hour which equals $24.75 per hour at time and a half. At this rate, the EMPLOYEE will be paid $24.75 per hour times 365 (days in the year) divided by the number of paychecks in the year (24), excluding the 3rd paycheck of the month which occurs twice annually. This rate calculates to $376.41 per paycheck.

As the prevailing minimum wage is adjusted, the same calculations shown above will be used to determine the new pay per paycheck.

ARTICLE 12

EDUCATIONAL REIMBURSEMENT
Each employee is eligible for reimbursement for up to a maximum of $300.00 during any fiscal year for tuition and fees for Spanish language classes at Napa Valley College (or approved equivalent institution) that will aid the employee in the performance of his or her duties.

Reimbursement will be paid upon obtaining a passing grade or a certificate of completion. These classes are scheduled on the employees own time and are not considered on-duty hours.

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

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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.

Courses require pre-approval, prior to the date of enrollment in the course, to ensure the expense is eligible under the MOU.

ARTICLE 13

SICK LEAVE

13.1 Accrual. Sick leave with pay shall accrue to employees in the classified service at the rate of one work day for every calendar month of service, with no limit to accumulated time.

13.2 Administration. An employee who must absent himself/herself from work shall notify his/her immediate superior or department head at least two hours prior to the beginning of his/her shift, unless circumstances of the illness prevents such advance notice, but in no case later than the start of the his/her tour of duty and may be required to provide a physician's certificate for absence due to illnesses of more than three working days or at the request of the department head. Any 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 the state of the employee's health.

13.3 Reasons for Granting. Sick leave shall be granted to eligible employees in the following cases:

A. Personal illness or incapacity resulting from causes beyond the employee's control;
B. Illness of a member of an employee's immediate family (defined as father, mother, sister, brother, spouse, or child) and of sufficient nature to require his or her personal care and attention and only until other adequate arrangements can be made.

C. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.

13.4 Sick Leave Abuse. When it is determined by investigation that sufficient evidence exists to demonstrate an employee has or is abusing the sick leave privilege, the Department Head, upon approval by the City Manager, may suspend that employee's use of the sick leave benefit for such period of time as is determined necessary to deter future abuse, which may be in addition to any other disciplinary action that may be appropriate.

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13.5 All eligibility for sick leave with pay shall be canceled upon separation of the employee from the City service, provided that if such separation is by layoff, this accumulated eligibility shall be restored to him/her in whole by the City Manager upon reemployment.

13.6 Employees who are on authorized vacation or holiday leave and become ill, or are otherwise disabled through accident not a result of vicious habits or intemperance, may charge such sickness or disablement to credited sick leave, provided satisfactory evidence is presented to the City Manager indicating the total number of days to be so charged.

13.7 Sick Leave Accrual Incentive.

A. Upon separation in good standing from employment with ten years of service to the City, the City will pay an 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.

B. Retiring employees have the option that the number of hours of accumulated sick leave times the hourly rate of the employee at the time of retirement may be applied towards health insurance premiums until such amount is depleted.

Insurance premiums paid under this provision may apply towards any health or dental insurance policy normally available to employees, subject to any limitations imposed by the insurance company. Such policies may include coverage of dependents of the employee.

C. Effective July 1, 2020, 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, 2020. No new sick leave hours will be eligible for the conversation or payout benefits described in Section 13.7 of the MOU beginning July 1, 2020. Those employees who have accrued hours eligible for this benefit on or before June 30, 2020 will have such eligible hours placed in a separate bank and will be permitted to convert them in accordance with the provisions of Section 13.7.

ARTICLE 14

VACATION LEAVE

14.1 Eligibility. Employees shall be entitled to annual full or prorated vacation leave with pay except employees who have served less than six months in the service of the City.

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14.2 Earning and Accrual Rates. Vacation shall be earned and accrued by regular employees at the following rates:

A. Full time Sworn Officers shall earn and accrue vacation at the rate of no less than fifteen days per year; non-sworn full time Police Officer Trainee, Dispatchers, Records Supervisor, and Property & Evidence Technician shall earn and accrue vacation at the rate of no less than ten days per year.

B. After six years of continuous employment, Sworn Officers, Dispatchers, Records Supervisor, and Property & Evidence Technician will earn and accrue vacation at the rate of sixteen days per year, and the rate of earning and accrual shall increase after each additional full year of employment to a maximum accrual rate of twenty days per year.

14.3 Vacation may be taken the first day following the completion of six months service but not in units of less than two hours.

14.4 If operating necessities are such that an employee cannot take all of her or his accrued vacation within an accrual year, the balance may be carried forward to the next year, however, the maximum accumulation of vacation leave shall be 45 days. For purposes of this paragraph, accrual year shall commence on the entrance-on-duty anniversary date.

14.5 Employees separated from City service shall be paid a lump sum for all vacation accrued prior to separation.

14.6 Effective July 1, 2017, every permanent employee shall be allowed to cash out up to 40 hours of accrued vacation leave per calendar year provided the employee maintains a minimum of 80 hours in his/her vacation leave bank. Eligible employees may cash out vacation leave pursuant to this subsection once per year by submitting a request to the Human Resources Department no later than December 15.

ARTICLE 15

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Sunday, Memorial Day, 4th of July, Labor Day, Veteran’s Day, Thanksgiving, Christmas Eve, Christmas Day) will only be approved if the vacancy does not require another employee to involuntarily cover the shift and will be treated like requests for Compensatory Time Off detailed in section 7.5. The above identified holidays collectively do not coincide with City-paid and designated holidays and are not associated with the holiday compensation set forth in Article 16 below.

ARTICLE 16

HOLIDAYS

16.1 In lieu of holiday time off, employees normally required to work holidays shall receive additional holiday compensation on a prorated basis on each paycheck, for a total of twenty-six (26) paychecks annually, for the hours of twelve (12) recognized city holidays. Member's compensation for holidays shall be computed in the same fashion as is the rate of pay for vacation.

16.2 Holiday accrual: Full time employees 3.69 hours per pay period.

Part time (3/4 time) employees 2.77 hours per pay period.

TwoOne Floating Holidays - Unspecified Personal Convenience Holiday (The first year of the additional floating holiday will be effective upon Council approval of this agreement and must be used prior to December 31, 2026)
Three Additional Floating Holidays - Employees continuously employed by the City for at least five years shall be granted three additional Unspecified Personal Convenience Holidays. Personal Convenience Holidays must be used prior to the end of the calendar year and will not accrue.

City shall provide for the duration of this agreement only, a one-time, additional paid day off on one of December 23, 28, or 30 for all non-sworn classifications only.

16.3 Non-shift employees who are not normally required to work holidays, shall normally take a holiday off on the day it falls, except that when a holiday falls on a Saturday the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. City-paid and designated holidays to be taken off are enumerated in the City’s Employee Handbook under Rule 9, Section 9.1 “Holidays.” ARTICLE 17

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father, grandmother, grandfather or grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee.

ARTICLE 18

MATERNITY LEAVE
The City Manager may 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.

Such request shall be accompanied by a recommendation and explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence. Employee benefits will continue to be paid by the City during approved short-term leave.

ARTICLE 19

JURY LEAVE

19.1 Employees called as trial jurors shall be entitled to absent themselves from duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between the employee's full salary and any payment received for jury service, except travel pay.

19.2 Employees assigned to swing and graveyard shifts may be temporarily assigned to day shift. If such employee is released from jury duty after serving less than their shift hours, inclusive of meal and driving time, such employee may be required to report to the Police Department to serve the remainder of their shift. Employees may also use vacation or CTO to complete the remainder of the shift. Such shift assignment may be made by the Chief of Police in due consideration of operational need and circumstances.

ARTICLE 20

MILITARY LEAVE

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applicable law, temporary military leave includes military duty for purposes of active military training, inactive duty training, unit training assemblies, encampment, naval cruises, special exercises, or like activities. An employee entitled to military leave shall give the Administrative Services Director an opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of their military orders to the Human Resources Department. In addition, leave for military exigency or military caregiver shall be granted in accordance with the Family and Medical Leave Act (FMLA).

20.2 During such military leave, if such employee shall have been continuously employed by the City as a Sworn peace officer for at least one (1) year prior to the date such absence begins, they shall be entitled to receive paid military leave as follows:

1. Paid military leave which may be granted during a fiscal year is limited to an aggregate of 40 calendar days during ordered military leave, including weekend days and travel time.

2. During the period specified in subsection above, the employee shall be entitled to receive pay only for those days or fractions of days which the employee would have been scheduled to work and would have worked but for the military leave.

3. The rate of pay shall be the same rate the employee would have received for shifts he/she would have been scheduled to work or scheduled for paid holiday leave, had he/she not been on military leave.

4. In no event shall an employee be paid for time he/she would not have been scheduled to work during said military leave.

5. Paid military leave shall be compensated at the employee’s base rate of pay for regularly scheduled straight-time hours only. Paid military leave shall not include overtime, holiday premium pay, shift differentials, special assignment pay, standby pay, callback pay, allowances, or other premium compensation unless expressly required by law.

6. If a holiday falls during paid military leave, the employee shall receive only the holiday benefit otherwise provided by the MOU and shall not receive duplicate compensation, premium pay, or additional paid leave because the holiday occurred during military leave.

20.3 In determining employee eligibility for classifications requiring a minimum length of service or determining longevity pay or seniority, time spent on paid or unpaid military leave shall be eligible for inclusion in the length of service calculation.

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20.4 Employees with less than one year of employment with the City prior to the date of absence due to military leave or those that have exhausted the paid leave provisions of this section and state and federal law, will be eligible to utilize the City’s Catastrophic Leave Donation program, in accordance with its terms and conditions, to maintain compensation and benefits while on leave.

ARTICLE 210

ADMINISTRATIVE LEAVE
An employee who is determined to be disabled and unable to perform his or her normal duties may, at the discretion of the City Manager, be assigned to be on Administrative Leave. During such Administrative Leave, the employee may be assigned to have "normal" work hours of 9:00 a.m. to 5:00 p.m. and days off of Saturday and Sunday. If any fixed holidays occur during the time of disability, the employee will be assumed to be "off on holiday" and will not receive additional pay for the holiday. During the period of assignment to Administrative Leave, the employee may be required to testify in court or perform other functions the employee is capable of performing.

ARTICLE 221

HEALTH AND WELFARE INSURANCE AND BENEFITS
221.1 Health Insurance:

A. The City will pay for health insurance coverage for the employee and all dependents. Employees hired prior to July 1, 1990 who have no dependents will receive a salary supplement of $65 per month in lieu of the dependent coverage.

It is the City's intent that during the term of this MOU, medical benefits shall remain at the current level.

B. Effective July 1, 2005, deductible rates for employees were changed to lower the increases in health costs.

C. In the event City's health insurance premiums increase more than five percent (5%) on July 1 of any given year, the city can amend the health plan to the next higher deductible tier to offset costs. In the event the health insurance premiums increase more than fifteen percent (15%) after deductibles have been amended, the members agree to split the cost increase 75%/25%, with the employee paying 25%.

D. In order to bring employees in this bargaining unit to parity with other City employees in terms of the applicable deductibles in health plans offered, effective July 1, 2017, the City will change the Anthem health insurance plan provided to employees from the $500 deductible plan to the $250 deductible

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plan. The City may make future changes in deductibles to this and other plans as specified in Section 21.1(C).
221.2 Dental Insurance: The City will pay for each employee the full premium for Dental Insurance Benefits covering the employee and all dependent family members.

22.3 Medical Waiver: Employees who are eligible for Employer-sponsored medical insurance and who voluntarily decline such coverage during open enrollment because they are covered under another group medical insurance plan may elect to receive an opt-out stipend of three hundred dollars ($300) per month. a. Employee must provide satisfactory proof of coverage under another plan (spouse, significant other, domestic partner, parent, etc.), with the exception of employees covered under any governmental/state medical care program like Medi-Cal, who are not eligible to receive the stipend. b. Employee may elect to “opt-out” of dental and vision at any time without proof of alternate coverage (stipend does not apply to dental and vision). c. The monthly stipend will not increase if electing to “opt-out” of additional plans.
d. It is the employee’s responsibility to inform Human Resources immediately if and when they will no longer be eligible or covered under an alternate medical plan.
e. In the event a qualifying event triggers an employee to lose alternate coverage, employee will be re-enrolled under St. Helena’s medical plan. f. If an employee loses alternate coverage and is re-enrolled in the City’s plan, their monthly stipend will end immediately.

Stipends will be paid the month following election (if elected January 1, stipend will be included in first payroll check of February) and are taxable as income (regular payroll taxes apply).
221.43 Life Insurance: The City will pay for each employee the full premium for term life insurance in the amount of $25,000. The employee will have the option to purchase additional insurance up to an additional $30,000 or more if allowed by the insurance vendor.
221.54 Disability Insurance: The City will pay for each employee the full premium for a disability insurance plan covering the employee.

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212.65 Effective July 1, 2017 subject to REMIF approval, the City will obtain and pay the full premium for a REMIF vision plan for all full-time employees and their dependent family members.
221.76 Physical Fitness: During shifts when staffing is available and at the discretion of the Chief of Police or on-duty supervisor, officers, Supervisors and Non-sworn Staff shall be allowed to spend up to one hour during each shift exercising. Changing clothes, showering and otherwise preparing to resume regular duties shall be accomplished during the one hour and is only during lunch breaks
ARTICLE 232

UNIFORM ALLOWANCE
232.1 Employees shall receive an annual uniform allowance as follows:

Sworn Personnel $1,250.00
Police Officer Trainee, Dispatcher, Records Supervisor, Property & Evidence Technician $1,000.00
232.2 The Uniform Allowance will be paid out proportionately with each of the twenty-six (26) paychecks.
232.3 Officers assigned to motorcycle duties shall be issued:
1) 1 pair of Police motorcycle boots
2) 2 pairs of Police motorcycle pants
3) 1 Police motorcycle leather jacket
4) 2 sets of riding gloves (1 cold weather and 1 warm set) 5) Protective eyeglasses (not to exceed $150.00)
232.4 Officers assigned by the Chief of Police to bicycle patrol shall be issued appropriate safety equipment to include:
1) Gloves
2) Helmet
3) Padded shorts

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4) Padded Pants
5) Protective Eyeglasses
6) Pedal retention devices
7) Inclement weather clothing.

Officers assigned to bicycle patrol must agree to a regular assignment of bicycle duty prior to appointment to this position.

ARTICLE 243

LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant a permanent or probationary employee leave of absence without pay or seniority for a period not to exceed three months. No such leave shall be granted except upon written request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Department heads may grant a permanent or probationary employee leave of absence without pay for time not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer.

ARTICLE 254

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
254.1 Sworn Personnel
254.1.1 The City shall enroll all eligible sworn employees in a retirement plan provided by the Public Employees' Retirement System that conforms to the State Required PEPRA laws. Employees hired into a PERS retirement system before January 1, 2013 will be considered "Classic" employees. Employees hired into a PERS retirement system, for the first time, or after a six-month separation, on January 1, 2013 or after will be considered "New" employees. 254.1.2 "Classic" employees' retirement benefits will be computed at three percent of salary for each year of service, for retirement at age fifty, supplemental to Social Security, and based on the single highest year's salary. a. Member Contributions – Employees covered by section 24.1.2 shall continue to pay, through payroll deduction, the full 9.0% member contribution rate.

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254.1.3 "New" employees' retirement benefits will be computed at 2.7 percent of salary for each year of service, for retirement at age fifty-seven, supplemental to Social Security, and based on a three-year average (of the three highest years of salary).
a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.1.3 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs. 254.2 Non-Sworn Personnel
254.2.1 The City will enroll non-sworn employees in a retirement plan provided by the Public Employees' Retirement System with the same benefits provided to miscellaneous employees of the City.
254.2.2 "Classic" Tier One employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age fifty-five, supplemental to Social Security, and based on the highest twelve (12) consecutive month period as specified by Government Code Section 20042. a. Member Contributions – Employees covered by section 24.2.2 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate. 245.2.3 "Classic" Tier Two employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty, supplemental to Social Security, and based on the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
a. Section 24.2.3 shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, Section 24.2.3 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.
b. Member Contributions – Employees covered by section 24.2.3 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate. 254.2.4 "New" employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty-two, supplemental to Social Security, and based on the highest annual average pensionable

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compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.
a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.2.4 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs.

ARTICLE 265
DEFERRED COMPENSATION (457) & RETIREMENT HEALTH SAVINGS (RHS) PLANS 265.1 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. 265.2 The City agrees to establish a Retirement Health Savings Plan through MissionSquare.

The plan will be voluntary and contributions will be made by members as allowed under IRS rules.

ARTICLE 276

RETIREE SERVICE WEAPON PURCHASE OPTION
It is the intent of the City to allow retiring sworn employees of the City who qualify for the issuance of a retiree identification card endorsed for concealed carry per Department Policy 220 to purchase their City-issued service weapon (handgun) at the determined fair market value at time of retirement. The transfer of the firearm shall take place through a licensed firearms dealer and all costs related to the transfer of the firearm will be the responsibility of the retiree. A Department Policy will be required to effectuate this provision and the Association and City agree to meet and confer over the specific language for implementation.

ARTICLE 287

SHIFT SWAPS
The practice of shift swaps and absence without relief will be permitted, subject in each instance to the approval of the Police Chief or his designated representative. Shift swaps shall be rank for rank, exceptions permitted only by the Police Chief, and absence without relief shall be without pay.

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ARTICLE 298

DISCIPLINARY ACTION
296.1 Disciplinary Authority
A. The Chief of Police shall have the right, for reasonable cause, to reprimand or suspend without pay for up to and including three (3) calendar days any regular employee.

B. The City Manager shall have the right, for reasonable cause and for any regular employee to:

1. demote,

2. dismiss,

3. reduce in pay, or

4. suspend without pay for up to thirty (30) calendar days. 296.2 Discipline Procedure
C. An authorized departmental manager or supervisor proposing that action be taken shall provide the employee with written notice of the proposed action. The written notice shall contain the date it is intended to be effective, the charge(s) and facts on which the proposed action is based and notification that the employee is entitled to respond to the charges in writing to the Chief of Police or his designee within seven (7) calendar days of receipt of notification. Failure of the employee to make a written response or request will constitute waiver of the right to respond. Further, the employee shall be provided with the relevant written materials, written reports and documents considered by the responsible authority in reaching his/her decision to propose the action.

D. The City Manager will hear employee's responses on all contemplated disciplinary actions which propose a penalty more severe than a three-day suspension without pay. The Chief of Police will hear those responses where less severe discipline is proposed.

E. If the employee elects to respond in person, a meeting shall be scheduled with the City Manager or Chief of Police, whichever is applicable, at which time the employee shall be given the opportunity to respond to the proposed action.

The employee shall be entitled to be represented by counsel or other person of his/her choosing at the meeting.

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F. If after the above procedure discipline is implemented, a written notice of discipline shall be served upon the employee. Said notice shall inform the employee of his/her appeal rights, if any.

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

H. The provisions of the Article shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions. 296.3 Appeal
I. Right of Appeal: When formal disciplinary action has been taken by the City Manager or Chief of Police and the employee has received written notification of the action, the employee shall have the right to appeal as provided below.

Failure to appeal by the employee or his/her representative will make the disciplinary action final and conclusive.

J. Appeal Procedure: A regular employee who has been demoted, dismissed, reduced in pay or significantly suspended without pay (excess of one day), may appeal to the City Council within fourteen (14) calendar days after having been furnished a copy of the notice of discipline by filing a written answer to charges and requesting a hearing with an impartial arbitrator thereon. Upon receipt by the City Council of the request for a hearing with an arbitrator, the City Council will initiate the hearing procedure.

K. Hearing Procedure:

1. Appointment of Arbitrator
a) The parties to the selection of the arbitrator shall be the City and the employee, who may be represented by the Association, by independent counsel or by him or herself.
b) An arbitrator shall be selected jointly by the parties within fourteen calendar days of receipt by the City Manager of the request for such 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 of seven arbitrators.

After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrator's names from the list until one arbitrator remains.

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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.

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 crossexamination.

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.

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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 arbitrator shall 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 or reject any or all of the charges filed against the employee. The City Council may sustain, reject or modify disciplinary action invoked against the employee.

ARTICLE 3029

LAYOFF PROCEDURE
3027.1 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. 3027.2 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 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.
3027.3 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.

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3027.4 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 310

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 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 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 321
TERM
The term of this agreement shall commence on its ratification by the City and the Association and expire on June 30, 20276.

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

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Angellex Maldonado, Secretary
CITY OF ST. HELENA
_______________________________
Aaron Slater, Labor Negotiator
________________________________________
Mandy Kellogg, Administrative Services Director

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MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA POLICE OFFICERS' ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
July 1, 2026 – June 30, 2027

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ARTICLE 1

ARTICLE 2

RECOGNITION

2.2 This recognition is exclusive of (1) management employee, (2) temporary employees and (3) part-time employees.

ARTICLE 3

ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:

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

3.2 Reasonable use of one bulletin board at the Police Department.

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

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ARTICLE 4

ARTICLE 5

GRIEVANCE PROCEDURE

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5.2 Procedure:

1. Refuse to hear the appeal, or

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.

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ARTICLE 6

HOURS OF WORK

6.3 Mealtimes. Mealtime for shift employees and non-shift employees is thirty (30) minutes.

6.4 Mealtime Call-Out for Shift Employees. Shift personnel receive mealtime as paid time and shall be subject to call-out during the mealtime.

6.5 Rest Periods. Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are not to be construed as meal time.

6.8 Graveyard Shift. Effective the first full pay period in July 2026, shift employees assigned to work the graveyard shift (6:00 p.m. to 6:00 a.m.) will receive shift differential pay in the amount of three and one half (3.5) percent of base pay for assignment to the “graveyard” shift.

6.9 The City shall maintain the “two on-two off’ system during shift rotations to the best of the City’s ability and based on available staffing. This article shall be open to meet and confer.

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ARTICLE 7

OVERTIME

7.3 Hours Worked. Holidays, vacation, compensatory time off and sick leave shall constitute hours worked for the purposes of computing overtime.

7.6 Department Meetings. All department meetings called by the Chief attended by police employees on off-duty time shall be paid overtime at the rate of time and one-half.

7.7 Call Back Pay. Employees who are called to duty at a time they are not scheduled to work shall be compensated at the rate of time and one-half (1 +1/2) of the employee's

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regular rate of pay with a minimum compensation of two (2) hours. Call back overtime is unscheduled overtime as opposed to early start or extended day.

7.11 Training Travel.

B. If travel to a training site occurs during non-normal working hours, or on a scheduled day off, the employee shall be compensated at time and one half (1 + ½).

C. Employees will not be compensated for travel to pick-up or drop off a City vehicle.

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training, if training is within a 30-mile radius of point of departure. (refer map, Appendix D)
ARTICLE 8
SALARY

8.1 Effective July 1, 2026, all bargaining unit members shall receive a Cost of Living (COLA) increase of three (3) percent.

8.3 Effective January 1, 2027, Police Officer and Police Sergeant classifications only shall receive a market equity adjustment of one (1) percent.

ARTICLE 9

INCENTIVE PAY

9.1 Additional monthly salary compensation shall be received by an employee attaining POST Certificates, as follows:

POST Intermediate Certificate $250.00
POST Advanced Certificate $400.00
POST Records Supervisor Certificate $150.00

This incentive pay is subject to supervisor review should a performance issue occur.

9.3 Employees determined to be able to communicate in Spanish at a level adequate for law enforcement purposes will receive incentive pay of additional $150.00 per month.

Competency at this level is determined through a demonstration of this skill to a community panel as selected by the Chief of Police. Testing is scheduled in June and

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December. Incentive pay is awarded to begin the following month. This incentive pay is subject to supervisor review should a performance issue occur.

ARTICLE 10

ARTICLE 11

SPECIAL ASSIGNMENT

11.6 Police service dog handler is paid for through the Citizens' Option for Public Safety (COPS). This program continues as long as funds from this program is available.

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2. Handler shall be compensated in accordance with the POA Memorandum of Understanding for attendance at monthly training sessions related to their assigned police Dog.

4. Handlers shall be of the Police Officer rank. The assignment shall be voluntary.

Once accepted for the assignment, the Handler shall remain subject to all Police Department regulations, except as provided herein.

5. The police Dog is the property of the City of St. Helena. The Handler may voluntarily keep the police Dog at their place of residence, subject to recall by the CITY.

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9. The handler is authorized to drive a marked police car, equipped with a canine cage, between home and work. In addition to other City or Department policies regarding use of vehicles, the following provisions apply:
a) Vehicle shall be used for official City business only. When commuting, the handler shall not deviate from a direct path between home and work or stop enroute for personal business.
b) Handler must have his valid driver license and department ID in his possession when operating the vehicle. (The Police Department uniform will be considered department ID.)
c) Only law enforcement personnel will operate the vehicle. d) When handler is on vacation or other leave, or is on a trip away from home, the City vehicle must be left at the Police Department. e) When commuting, the handler will not engage in law enforcement activity when outside the St. Helena City limits, unless requested to assist another agency. It is appropriate for the handler to use the police radio to advise another jurisdiction of observed criminal violations.
1) This subsection does not apply should the handler witness a felony or serious incident where a person's safety is at risk. As soon as practical, the handler shall notify the agency of jurisdiction.

As the prevailing minimum wage is adjusted, the same calculations shown above will be used to determine the new pay per paycheck.

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ARTICLE 12

Reimbursement will be paid upon obtaining a passing grade or a certificate of completion. These classes are scheduled on the employees own time and are not considered on-duty hours.

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 degree from an accredited college or university, which would promote professional development within City of St. Helena employment. The program is voluntary.

Courses require pre-approval, prior to the date of enrollment in the course, to ensure the expense is eligible under the MOU.

ARTICLE 13

SICK LEAVE

13.1 Accrual. Sick leave with pay shall accrue to employees in the classified service at the rate of one work day for every calendar month of service, with no limit to accumulated time.

13.3 Reasons for Granting. Sick leave shall be granted to eligible employees in the following cases:

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personal care and attention and only until other adequate arrangements can be made.

C. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.

13.7 Sick Leave Accrual Incentive.

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employees who have accrued hours eligible for this benefit on or before June 30, 2020 will have such eligible hours placed in a separate bank and will be permitted to convert them in accordance with the provisions of Section 13.7.

ARTICLE 14

VACATION LEAVE

14.1 Eligibility. Employees shall be entitled to annual full or prorated vacation leave with pay except employees who have served less than six months in the service of the City.

14.2 Earning and Accrual Rates. Vacation shall be earned and accrued by regular employees at the following rates:

14.3 Vacation may be taken the first day following the completion of six months service but not in units of less than two hours.

14.5 Employees separated from City service shall be paid a lump sum for all vacation accrued prior to separation.

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ARTICLE 15

SCHEDULING PAID LEAVE
Vacation and holiday time off shall be scheduled by seniority choice. A "time off request sheet" (includes holiday and vacation credit) shall be posted in December of each year to solicit "requests for time off." Said schedule, when approved by the Police Chief or his designee, shall be effective January 1 for the subsequent calendar year. Requests shall be granted based upon legitimate operating needs and not unreasonably denied. Changes to the schedule during the year shall be subject to the approval of the Police Chief or his designee. "Bumping" is not permitted without the consent of the affected employee. Requests for vacation or other time off on the actual day of the following holidays (New Year’s Eve, New Year’s Day, MLK Day, President’s Day, Easter Sunday, Memorial Day, 4th of July, Labor Day, Veteran’s Day, Thanksgiving, Christmas Eve, Christmas Day) will only be approved if the vacancy does not require another employee to involuntarily cover the shift and will be treated like requests for Compensatory Time Off detailed in section 7.5. The above identified holidays collectively do not coincide with City-paid and designated holidays and are not associated with the holiday compensation set forth in Article 16 below.

ARTICLE 16

HOLIDAYS

16.2 Holiday accrual: Full time employees 3.69 hours per pay period.

Part time (3/4 time) employees 2.77 hours per pay period.

Two Floating Holidays - Unspecified Personal Convenience Holiday (The first year of the additional floating holiday will be effective upon Council approval of this agreement and must be used prior to December 31, 2026)
Three Additional Floating Holidays - Employees continuously employed by the City for at least five years shall be granted three additional Unspecified Personal Convenience Holidays. Personal Convenience Holidays must be used prior to the end of the calendar year and will not accrue.

City shall provide for the duration of this agreement only, a one-time, additional paid day off on one of December 23, 28, or 30 for all non-sworn classifications only.

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BEREAVEMENT LEAVE
Employees shall be allowed a leave of absence on full pay, for up to seven calendar days when the absence is due to a death in the immediate family. Those in the immediate family are: mother, father, grandmother, grandfather or grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee.

ARTICLE 18

ARTICLE 19

JURY LEAVE

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made by the Chief of Police in due consideration of operational need and circumstances.

ARTICLE 20

MILITARY LEAVE

20.1 Military leave shall be granted in accordance with state and federal law (i.e. the California Military and Veteran’s Code and the Federal Uniformed Services Employment and Reemployment Rights Act - USERRA) In addition to any rights and benefits provided under USERRA, the California Military and Veterans Code, or other applicable law, temporary military leave includes military duty for purposes of active military training, inactive duty training, unit training assemblies, encampment, naval cruises, special exercises, or like activities. An employee entitled to military leave shall give the Administrative Services Director an opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of their military orders to the Human Resources Department. In addition, leave for military exigency or military caregiver shall be granted in accordance with the Family and Medical Leave Act (FMLA).

1. Paid military leave which may be granted during a fiscal year is limited to an aggregate of 40 calendar days during ordered military leave, including weekend days and travel time.

4. In no event shall an employee be paid for time he/she would not have been scheduled to work during said military leave.

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pay, callback pay, allowances, or other premium compensation unless expressly required by law.

ARTICLE 21

ARTICLE 22

HEALTH AND WELFARE INSURANCE AND BENEFITS

22.1 Health Insurance:

It is the City's intent that during the term of this MOU, medical benefits shall remain at the current level.

B. Effective July 1, 2005, deductible rates for employees were changed to lower the increases in health costs.

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C. In the event City's health insurance premiums increase more than five percent (5%) on July 1 of any given year, the city can amend the health plan to the next higher deductible tier to offset costs. In the event the health insurance premiums increase more than fifteen percent (15%) after deductibles have been amended, the members agree to split the cost increase 75%/25%, with the employee paying 25%.

22.2 Dental Insurance: The City will pay for each employee the full premium for Dental Insurance Benefits covering the employee and all dependent family members.

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Stipends will be paid the month following election (if elected January 1, stipend will be included in first payroll check of February) and are taxable as income (regular payroll taxes apply).

22.4 Life Insurance: The City will pay for each employee the full premium for term life insurance in the amount of $25,000. The employee will have the option to purchase additional insurance up to an additional $30,000 or more if allowed by the insurance vendor.

22.5 Disability Insurance: The City will pay for each employee the full premium for a disability insurance plan covering the employee.

22.6 Effective July 1, 2017 subject to REMIF approval, the City will obtain and pay the full premium for a REMIF vision plan for all full-time employees and their dependent family members.

22.7 Physical Fitness: During shifts when staffing is available and at the discretion of the Chief of Police or on-duty supervisor, officers, Supervisors and Non-sworn Staff shall be allowed to spend up to one hour during each shift exercising. Changing clothes, showering and otherwise preparing to resume regular duties shall be accomplished during the one hour and is only during lunch breaks
ARTICLE 23

UNIFORM ALLOWANCE

23.1 Employees shall receive an annual uniform allowance as follows:

Sworn Personnel $1,250.00
Police Officer Trainee, Dispatcher, Records Supervisor, Property & Evidence Technician $1,000.00

23.2 The Uniform Allowance will be paid out proportionately with each of the twenty-six (26) paychecks.

23.3 Officers assigned to motorcycle duties shall be issued:
1) 1 pair of Police motorcycle boots
2) 2 pairs of Police motorcycle pants
3) 1 Police motorcycle leather jacket

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4) 2 sets of riding gloves (1 cold weather and 1 warm set) 5) Protective eyeglasses (not to exceed $150.00)

23.4 Officers assigned by the Chief of Police to bicycle patrol shall be issued appropriate safety equipment to include:
1) Gloves
2) Helmet
3) Padded shorts
4) Padded Pants
5) Protective Eyeglasses
6) Pedal retention devices
7) Inclement weather clothing.

Officers assigned to bicycle patrol must agree to a regular assignment of bicycle duty prior to appointment to this position.

ARTICLE 24

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ARTICLE 25

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

25.1 Sworn Personnel

25.1.1 The City shall enroll all eligible sworn employees in a retirement plan provided by the Public Employees' Retirement System that conforms to the State Required PEPRA laws. Employees hired into a PERS retirement system before January 1, 2013 will be considered "Classic" employees. Employees hired into a PERS retirement system, for the first time, or after a six-month separation, on January 1, 2013 or after will be considered "New" employees.

25.1.2 "Classic" employees' retirement benefits will be computed at three percent of salary for each year of service, for retirement at age fifty, supplemental to Social Security, and based on the single highest year's salary. a. Member Contributions – Employees covered by section 24.1.2 shall continue to pay, through payroll deduction, the full 9.0% member contribution rate.

25.1.3 "New" employees' retirement benefits will be computed at 2.7 percent of salary for each year of service, for retirement at age fifty-seven, supplemental to Social Security, and based on a three-year average (of the three highest years of salary).
a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.1.3 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs.

25.2 Non-Sworn Personnel

25.2.1 The City will enroll non-sworn employees in a retirement plan provided by the Public Employees' Retirement System with the same benefits provided to miscellaneous employees of the City.

25.2.2 "Classic" Tier One employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age fifty-five, supplemental to Social Security, and based on the highest twelve (12) consecutive month period as specified by Government Code Section 20042. a. Member Contributions – Employees covered by section 24.2.2 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate.

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25.2.3 "Classic" Tier Two employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty, supplemental to Social Security, and based on the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
a. Section 24.2.3 shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, Section 24.2.3 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.
b. Member Contributions – Employees covered by section 24.2.3 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate.

25.2.4 "New" employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty-two, supplemental to Social Security, and based on the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.
a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.2.4 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs.

ARTICLE 26
DEFERRED COMPENSATION (457) & RETIREMENT HEALTH SAVINGS (RHS) PLANS

26.1 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.

26.2 The City agrees to establish a Retirement Health Savings Plan through MissionSquare.

The plan will be voluntary and contributions will be made by members as allowed under IRS rules.

ARTICLE 27

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value at time of retirement. The transfer of the firearm shall take place through a licensed firearms dealer and all costs related to the transfer of the firearm will be the responsibility of the retiree. A Department Policy will be required to effectuate this provision and the Association and City agree to meet and confer over the specific language for implementation.

ARTICLE 28

ARTICLE 29

DISCIPLINARY ACTION

29.1 Disciplinary Authority
A. The Chief of Police shall have the right, for reasonable cause, to reprimand or suspend without pay for up to and including three (3) calendar days any regular employee.

B. The City Manager shall have the right, for reasonable cause and for any regular employee to:

1. demote,

2. dismiss,

3. reduce in pay, or

4. suspend without pay for up to thirty (30) calendar days.

29.2 Discipline Procedure
C. An authorized departmental manager or supervisor proposing that action be taken shall provide the employee with written notice of the proposed action. The written notice shall contain the date it is intended to be effective, the charge(s) and facts on which the proposed action is based and notification that the employee is entitled to respond to the charges in writing to the Chief of Police or his designee within seven (7) calendar days of receipt of notification. Failure of the employee to make a written response or request will constitute waiver of the right to

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respond. Further, the employee shall be provided with the relevant written materials, written reports and documents considered by the responsible authority in reaching his/her decision to propose the action.

The employee shall be entitled to be represented by counsel or other person of his/her choosing at the meeting.

F. If after the above procedure discipline is implemented, a written notice of discipline shall be served upon the employee. Said notice shall inform the employee of his/her appeal rights, if any.

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

H. The provisions of the Article shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions.

29.3 Appeal
I. Right of Appeal: When formal disciplinary action has been taken by the City Manager or Chief of Police and the employee has received written notification of the action, the employee shall have the right to appeal as provided below.

Failure to appeal by the employee or his/her representative will make the disciplinary action final and conclusive.

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K. Hearing Procedure:

After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrator's names from the 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.

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

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charges, and the employee will then present his/her witnesses and evidence in defense.

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 crossexamination.

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

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.

ARTICLE 30

LAYOFF PROCEDURE

30.1 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.

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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.

30.2 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 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.

30.3 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.

30.4 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 31

ARTICLE 32
TERM
The term of this agreement shall commence on its ratification by the City and the Association and expire on June 30, 2027.

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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
_______________________________
Filippo Bianco, Vice President
_______________________________
Angel Maldonado, Secretary
CITY OF ST. HELENA
_______________________________
Aaron Slater, Labor Negotiator
________________________________________
Mandy Kellogg, Administrative Services Director

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MEMORANDUM OF UNDERSTANDING

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

FOR THE PERIOD
JULY 1, 20265 THROUGH JUNE 30, 20276
ATTACHMENT 3

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St. Helena Employees’ Association and the City of St. Helena July 1, 20265 –June 30, 20276

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TABLE OF CONTENTS
ARTICLE 1: PREAMBLE………………………………………………………………. 6
ARTICLE 2: RECOGNITION…………………………………………………………… 7
ARTICLE 3: ASSOCIATION & CITY RIGHTS………………………………………... 8 A. ASSOCIATION RIGHTS………………………………………………... 8
B. ASSOCIATION DUES DEDUCTIONCITY RIGHTS………………. 8
C. CITY RIGHTS……………………………………………………………. 9
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
2025 Salary Schedule Increase …………………………………. 17
B. EQUITY ADJUSTMENTS……………………………………………... 17
BC. SALARY UPON APPOINTMENT…………………………………….. 17
CD. STEP INCREASES……………………………………………………... 17

1. Steps……………………………………………………………... 17

2. Qualifications for Step Increase…………………………………. 17
DE. COST OF LIVING ADJUSTMENT……………………………………. 18
EF. HOURLY RATES………………………………………………………. 18
FG. OVERTIME…………………………………………………………....... 18

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

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

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

4. Overtime Meal…………………………………………………... 18
GH. HOLIDAY PAY ON HOLIDAYS…...…………………………………. 19

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HI. STANDBY PAY………………………………………………………… 19
IJ. MINIMUM CALLOUT TIME………………………………………….. 19
JK. LONGEVITY PAY……………………………………………………... 19
KL. BILINGUAL PAY…………………………..…………………………... 19
LM. OUT-OF-CLASS PAY…………………………………………………. 20
MN. REPORTING TIME WORKED………………………………………... 20
NO. SHIFT DIFFERENTIAL………………………………………………… 20
ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE……………………………… 212 A. VACATION LEAVE……………………………………………………. 212

1. Rate of Accrual or Award……………………………………….. 212

2. Administration…………………………………………………... 212
B. HOLIDAYS……………………………………………………………... 223

1. Holidays…………………………………………………………. 223

2. Exceptions……………………………………………………….. 223

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

4. Holiday Pay……………………………………………………… 23
C. PERSONAL CONVENIENCE HOLIDAY…………………………….. 234
D. SICK LEAVE AND FITNESS FOR DUTY……………………………. 234

1. Accrual and Use………………………………………………..… 234

2. Administration/Fitness for Duty………………………………….. 234

3. Reason for Granting……………………………………………... 245

4. Limitations and Related Provisions……………………….……… 245

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

6. Pay-out of Sick Leave at Termination of Employment………… 256 E. BEREAVEMENT LEAVE……………………………………………… 256
F. JURY OR WITNESS DUTY……………………………………………. 26
G. ADMINISTRATIVE LEAVE WITH PAY……………………………... 26
H. DISCRETIONARY LEAVE WITHOUT PAY…………………………. 267

1. Permissible Reasons for Leave………………………………….. 267

2. Procedure………………………………………………………... 267

3. Regulation Relative to Discretionary Leave Without Pay………. 267 I. PREGNANCY DISABILITY LEAVE………………………………….. 278
J. CFRA AND FMLA LEAVE……………………………...….…………. 278
ARTICLE 9: CERTIFICATION AND OTHER BENEFITS….……………………….. 289 A. SPECIALIZED SCHOOLS AND TRAINING…………………………. 289

1. Specialized Schools and Training……………………………….. 289

2. Certification Pay………………………………………………… 289
B. UNIFORMS……………………………………………………………... 2930
C. TOOLS AND EQUIPMENT……………………………………………. 301
ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE……….. 323 A. HEALTH INSURANCE………………………………………………… 323
B. DENTAL INSURANCE………………………………………………… 323
C. VISION INSURANCE………………………………………………….. 323

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D. MEDICAL WAIVER…………………………………………………… 32
ED. LIFE INSURANCE……………………………………………………... 33
FE. SUPPLEMENTAL LIFE INSURANCE...……………………………… 33
GF. 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…………………………………….. 4039
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………………………………………………………… 42
F. DISCIPLINARY PROCEDURE………………………………………... 43

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

2. Notice of Proposed Discipline…………………………………... 43

3. Proposed Discipline Deferred…………………………………… 43

4. Pre-Disciplinary (Skelly) Hearing………………………………. 43

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

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

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

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

2. Procedure………………………………………………………... 44

3. Appointment of Hearing Panel.…………………………………. 454

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………………………………………………… 48
ARTICLE 16: SEPARABILITY………………………………………………………... 49
ARTICLE 17: TERM & COMPLETION OF NEGOTIATIONS………………………. 50 ARTICLE 18: SIGNATURES…………………………..………………………………... 51

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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, affiliated with Operating Engineers Local 3 (OE3), 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.

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ARTICLE 2

RECOGNITION
The City recognizes the Association, affiliated with Operating Engineers Local 3, 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

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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. ASSOCIATION DUES DEDUCTION.

The Association, affiliated with Operating Engineers Local 3, with its members that are members of Local 3 will have dues owing to Local 3 withheld pursuant to a payroll dues deduction agreement are payable directly to Local 3. In the event that the City requires a signed payroll deduction authorization, the Association will cooperate in the gathering of payroll deduction authorization forms for payroll dues deduction to Local 3. The City shall deduct membership dues in the amount certified by the Association and authorized by the employee.

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Thereafter, the Association shall provide the City with written notice of any change in dues at least thirty (30) days prior to the effective date of the change.

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

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

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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.

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.

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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.

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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.

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

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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 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.

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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.

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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.

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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:
7/1/265 – 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.

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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.

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.

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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
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 onePage 305 of 1318

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half 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.

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.

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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 not be PERSable and will not be credited towards the employee’s single highest

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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)
For the term of this MOU only, covered employees shall observe Juneteenth (June 19) as a paid holiday in lieu of Cesar Chavez Day (March 31) above. During the term of this agreement, Cesar Chavez Day shall not be observed as a paid holiday.

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

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3. Observance.

Except for emergency services, all City offices shall be closed on recognized holidays established 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 Personal Convenience Holiday of eight (8) hours paid day off on for covered employees who have worked , as full-time as City of St. Helena employees with , have completed five (5) years of completed service before January 1, 2027. Eligible employees will receive the additional day in the first full pay period following Council approval of this contract and it must be used prior to July 1, 2027. 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

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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 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.

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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. 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

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of the employee, and the spouse, son, domestic partner son-in-law, daughter, daughter-in-law, 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.

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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).

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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.

In recognition of the fact that certain functions cannot be performed without special governmental certification or licensing, the City will pay the followingone hundred Dollars ($100.00) per month for:
a. 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;
 Playground Inspection Certification for employees working in the Parks Division.
 Wastewater Collection Certificate

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b. TwoOne hundred fifty dollars ($200.00) per month for:
 A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the City;
 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
a.c. TwoOne hundred Dollars ($1200.00) 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

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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 desired by members that are not required by 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.

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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.

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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. MEDICAL WAIVER
Employees who are eligible for Employer-sponsored medical insurance and who voluntarily decline such coverage during open enrollment because they are covered under another group medical insurance plan may elect to receive an opt-out stipend of three hundred dollars ($300) per month.
a. Employee must provide satisfactory proof of coverage under another plan (spouse, significant other, domestic partner, parent, etc.), with the exception of employees covered under any governmental/state medical care program like Medi-Cal, who are not eligible to receive the stipend.
b. Employee may elect to “opt-out” of dental and vision at any time without proof of alternate coverage (stipend does not apply to dental and vision). c. The monthly stipend will not increase if electing to “opt-out” of additional plans. d. It is the employee’s responsibility to inform Human Resources immediately if and when they will no longer be eligible or covered under an alternate medical plan. e. In the event a qualifying event triggers an employee to lose alternate coverage, employee will be re-enrolled under St. Helena’s medical plan.
f. If an employee loses alternate coverage and is re-enrolled in the City’s plan, their monthly stipend will end immediately.

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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.F. SUPPLEMENTAL LIFE INSURANCE.

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

F.G. 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.

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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.

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

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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.
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.

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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 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.

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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 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.

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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.

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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.

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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.

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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.

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

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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.

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.

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St. Helena City CouncilAugust 11, 2026

St. Helena City Council
August 11, 2026