Agenda packet — City Council and Concurrent Authorities, July 12, 2022 (part 2 of 7)

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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
a.(a) File no appeal.
b.(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
c.(c) File a grievance as provided for in Section 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.

If the employee fails to do “(b)” or “(c),” above, within the prescribed time frames, those rights will have been waived.

Lesser forms of disciplinary actions such as written reprimands and transfers for purposes of punishment that do not involve loss of pay may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FBOBR) Informal Discipline Appeal Procedure.”
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SECTION 8. GRIEVANCE PROCEDURES

8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.

8.2 Filing Deadline
a. No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) business days of the time the affected employee received written notification of such action.
b. For purposes of filing appeals and grievances, business days include City of Stockton Office Hours according to the City- Wide calendar published each year.

8.3 Grievance Processing
a.(a) Step 1 - Departmental Review. Any employee who believes that he/she hasclaiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the Department within seven (7) working days from the day of presentation, or if the employee elects to submit thehis/her grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
b.(b) Step 2 - Director of Human Resources Review. Any employee or any official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem.

No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
c.(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the ATTACHMENT B 546

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complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. d.(d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. e.(e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.

8.4 Scope of Arbitration
a. No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Section

8.1, above.
b. Proposals to add to or change this Memorandum of UnderstandingOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of UnderstandingOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. The arbitrator selected pursuant to this sSection shall not have the power to amend or modify this Memorandum of UnderstandingOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
c. No changes in this Memorandum of UnderstandingOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.

8.5 Other Provisions
a. If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the ATTACHMENT B 547

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arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his/hertheir judgment for the judgment of management and if the arbitrator finds that the City had such right, he/shethey may not order reinstatement and may not assess any penalty upon the City.
b. All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of UnderstandingOU shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and if not detailed in the Memorandum of UnderstandingOU which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one -hundred and eighty (180) days from the date upon which the complaint was filed.
c. The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter, or Civil Service Rules and Regulations may be within the sole province and discretion of the Civil Service Commission.
d. All grievances of employees in representation units represented by the Union shall be processed under this section. If the City Charter or Civil Services Rules and Regulations requires that another option be available to the employee, no action under Section 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.
e. No action under Section 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission. f. If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

ATTACHMENT B 548

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SECTION 9. LEAVES

9.1 Vacation Leave
(a) a. Accrued Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:
(1) 40 40-hour workweek employee:

Under 1.5 years 80 hours

1.5 – 7.5 years 108 hours

7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) (2) 56 -hour workweek employee:

Under 1.5 years 120 hours

1.5 – 7.5 years 162 hours

7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
(b) b. Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Employees shall accrue vacation on a twice-monthly basis.
(1) The maximum number of vacation hours that employees on a 40-hour workweek shall accrue are as follows:

Under 1.5 years 120 hours

1.5 – 7.5 years 240 hours

7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
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(2) The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:

Under 1.5 years 300 hours

1.5 – 7.5 years 360 hours

7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) c. Longevity Vacation Allowance
(1) (1) This Pprogram is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) (2) Annual longevity vacation allowance accrual credited on January 1, 2011 shall be reduced by fifty percent (50%).
(d) d. Scheduling
(1) 48/96 Shift Schedule.
(1) The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with his/hertheir management responsibility to control and direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:

A.a. A minimum of four (4) shifts of Accrued Vacation must be scheduled per year. The four (4) shift minimum is not required to be scheduled contiguously.

B.b. Any Accrued Vacation that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
e. Vacation Allowance for Separated Employees.

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(e) Employees separating from City service for any reason who have unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
f. Vacation Allowance Sellback

Effective for fiscal year 2020/2021 and fiscal year 2021/2022, employees may elect to sell back up to a maximum of forty (40) hours from their unused accumulated vacation balance and/or frozen longevity vacation allowance, if eligible. Employees who desire to sell back accrued leave hours must make an irrevocable election in December of the preceding fiscal year and identify the number of vacation leave and/or longevity vacation allowance hours they desire to sell back in January and/or July of the subsequent year, up to a total of forty (40) hours per fiscal year.

9.2 Sick Leave
a.(a) Accrual. All regular status employees on a forty (40) hour worka week schedule, except provisional, temporary, and part part-time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service.

All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part part-time employees, working less than a full month shall accrue sick leave on a prorated basis.

Unused sick leave shall accumulate from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
b. Usage.
(1)(b) Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.
(2) An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates him/herthem from performing his/hertheir duties. This includes ATTACHMENT B 551

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disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.
c. Family Sick Leave.
(1)(c) Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave. (2) Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, legal dependent, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
d. Procedures for Requesting and Approving Sick Leave.
(1)(d) The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty. When the requirement for sick leave is known to the employee in advance of his/hertheir absence, the employee shall request in writing authorization for such sick leave from the Fire Chief prior to such absence.
(2) Before an employee may be paid for the use of accrued sick leave, he/shethey shall complete and submit to the Fire Chief a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for his/herthe request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief.
e. Doctor's Certificate or Other Proof.
(1)(e) If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's certificate or other reasonable proof of illness may be required by the Fire Chief.
(2) The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to einsure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.

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f.(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave provided that the employee:

1.(1) Was hospitalized during the period for which sick leave is claimed, or

2.(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
g. Accessibility and Reporting.
(1)(g) All officers and members of the Department on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee. Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.
(2) All officers and members of the Department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
h.(h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 6:00 p.m.1800 hours on the day prior to theirhis/her next scheduled duty period.

Sick leave may be granted for any period of time approved by the Fire Chief. i.(i) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, except as set forth below all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the CalPERS contract provisions applicable to their employment.
j. CalPERS Service Credit for Unused Sick Leave.
(j) Employees hired on or before December 28, 2012 shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit, in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.

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(k) k. Sick Leave Retention Benefit.

AIf, after subtracting the equivalent of one (1) full year of service credit two thousand and eighty (2,080 hours), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value.

9.3 Other Leaves with Pay
a. Bereavement Leave.
(1)(a) In the event of a death in the immediate family of an employee, the employee shall, upon his/hertheir request, be granted up to three (3) days bereavement leave with pay and without charge to his/hertheir accumulated sick leave credits or vacation eligibilityleave. The City Manager may grant an additional two (2) days bereavement leave upon request, which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel is required to attend the funeral. For the purposes of this paragraphsection, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild. (2) In the event of the death of a person not immediately related to an employee, as defined above, the employee's department head may grant up to three (3) days leave upon request, which shall be charged against the employee's accumulated sick leave credits.
b. Court Appearance.
(1)(b) Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(2)(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.

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(3)(2) Attendance at court or at a deposition while in an on- duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time necessarily involved, shall be considered and paid as hours worked.
(4)(3) Other absences from duty for attendance at court or at depositions shall be without pay.
(5)(4) On-duty employees shall return to work immediately upon release from court.
(6)(5) Attendance at court or at a deposition while in an off off-duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time, where such travel is to a location outside of San Joaquin County, shall be considered in terms of actual hours spent performing those duties and paid as hours worked.
(7)(6) For the purpose of computing any travel time to be reimbursed by the City in accordance with this section for attendance at court or at a deposition while in an off off-duty status, such travel time shall be deemed to commence from the San Joaquin County Courthouse. c.(c) Maternity Leave. Time off the of workjob for pregnancy, childbirth, and related medical conditions will be covered as required by State and Ffederal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case and the time medically required to recuperate. Generally, a six (6) week recovery period after delivery is medically indicated. d. Military Leave.
(1)(d) An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
(2) All regular status employees in the service of the City who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency.

Except as hereafter stated, said employees shall be reinstated into City ATTACHMENT B 555

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service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
(3) In the case of a probationary status employee having served his/hertheir minimum probationary period of eighteen (18) months at the time of induction, it shall be optional with the Fire Chief and the City Manager to grant regular status to said employee before induction. (4) All probationary status employees inducted into Military Service not having served the minimum probationary period of eighteen (18) months or having served the minimum probationary period of eighteen (18) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency. Following such leave, said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit, as above specified, and shall serve the balance of their probationary period before attaining regular status.

Two (2) or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment, provided they are physically fit, as above specified.

9.4 Workers' Compensation Leave
a. Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his/hertheir duties, he/shethey shall become entitled, regardless of his/hertheir period of service with the City, to leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as he/she isthey are retired on permanent disability pension.
b. If the injury is claimed to be job-related or a recurrence of a previous jobrelated sickness or injury, it must be verified with a written physician's statement.

Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence. The company officer should originate a "Supervisor's Report of Accident" form (Form 78).

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(1)(a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(2) Accessibility and Reporting.

A.(b) All officers and members of the Department on leave for injury (job-related or non non-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.

B. All officers and members of the Department on leave for injury (jobrelated or non non-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office. (3)(c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours6:00 p.m. on the day prior to his/hertheir next scheduled duty period. (4)(d) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with Sstate workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
a. Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code.

Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
b. All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.

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c. Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.
d. The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence. e. Authorized absences without pay that exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from his/hertheir position by reason of an injury or disease for which he/she isthey are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leaves of Absence Without Pay
a.(a) Purpose and Length. Only employees occupying regular positions on a permanent regular status basis are eligible for leaves of absence without pay under the provisions of the section.
b. An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.
c. Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.
d. Such a leave will be granted only after all accrued sick leave credits hasve been used and shall be substantiated by a physician's statement. e.(b) Application For and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief orf the Fire Chief’s representative to evaluate the request. Leaves without pay may be canceled by the Fire Department at any time.

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9.7 Absence Without Official Leave (AWOL)
a.(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the Department or City Manager or at the expiration of a leave shall be considered an absence without leave. b.(b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Human Resources Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.

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SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
a. The regularly scheduled workweek for each member of the Fire Unit assigned to fire suppression duties shall average fifty six (56) hours over a twelve (12) week period. The regularly scheduled workweek for each member of the Fire Unit assigned to work in the Department’s administrative offices, the Fire Prevention Bureau, or the Division of Training shall be forty (40) hours. Other work periods may be declared by the Fire Chief for some or all members of the Fire Unit when dictated by operational requirements of the Fire Department.
b. All working shifts will commence at 8:00 a.m0800 hours., with the exception of the employees assigned to work in the Fire Administration Office, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.

10.2 Shift Trades
a. Fire Unit employees will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief or the Fire Chief’s designee in accordance with Article J, Section 2 of the Fire Department Procedures Manual, which provides for Fire Unit employees to have up to a maximum of nine (9) uncompleted shift trades at any one time and that the period during which shifts are to be traded and paid back shall not exceed twelve (12) months. b. Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.

10.3 Staffing Policy
The City has management rights to determine staffing and the City will comply with applicable CalOSHA laws.

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SECTION 11. OVERTIME

11.1 Fair Labor Standards Act (FLSA) Agreement
a.(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
b.(b) “Day shift employees” means Fire Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). “Day shift employees” also includes firefighters and fire recruits assigned to the fire training academy. (c) 24-hour Sshift Eemployees.
c.
(1) Employees currently assigned to a twenty- four (24) day work period will be paid overtime rate for hours worked in excess of one hundred and eighty-two (182) hours in a 24 day work period.
(1)
(2) Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive three point one six (3.16) hours per pay period for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of 182 and 192 hours in a 24 day work period.
d.(d) For Day Shift employees, overtime shall be paid at the rate of time and one half (1-½-1/2) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Bereavement Leave, Jury Duty Leave, Industrial Illness or Injury Leave (4850) taken within the work period when 4850 leave begins or ends, and Sick Leave shall also count as actual time worked. Vacation leave or other time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in Administrative assignments where holidays are observed only.
(f) Notwithstanding subparagraph “e” above, effective as soon as administratively possible but no later than the second full pay period following adoption of this agreement by the City Council, vacation leave taken within the work period shall also count as actual time worked. The parties agree that the cost value ATTACHMENT B 561

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of this modification is approximately thirty-two one-hundredths percent (0.32%) of salary for the bargaining unit. During the final year of this MOU, the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modifications to or continuation of this structure as part of successor contract negotiations.
e.

f.(g) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.

Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment. g.(h) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule conflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative. h.(i) Rank for Rank Relief. In providing relief, Fire Unit employees may work in a rank lower than the rank which they currently hold, but may not provide relief by working in a rank above their current rank, except in extraordinary circumstances.
i.(j) Continuing Education for Paramedics. Upon prior approval of the Fire Chief the City will compensate members of the Fire Unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in a two (2) year certification period.
j.(k) Conflict Resolution. The City and the Union will cooperate with each other to promptly resolve any disagreement that may arise during the term of this Memorandum of UnderstandingOU regarding compliance with the FLSA. Any dispute involving the interpretation or application of the FLSA may be referred to the City Manager by the complaining party or by the Director of Human ATTACHMENT B 562

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Resources. Such referral will be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager will designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides. k.(l) Calculation of Pay While in Fire Academy. While enrolled in the Fire Academy, newly appointed firefighters shall have their pay calculated on a 40-hour work week and overtime shall be paid in accordance with 11.1(f)(d)(de) above (this will not include FLSA pay based on a 56-hour work week as a Paramedic add pay be due).

11.2 Compensatory Time
a.(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or in excess of their normal work schedule. b.(b) Use. Such compensatory time must be taken during the same work period in which it is earned in accordance with Section 11.1 above. The accrual of compensatory time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that he/she isthey are unable to take accrued compensatory time during the day same work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½1/2) depending upon the number of hours worked by the employee during the work period consistent with Section 11.1 above. c.(c) Department Policy. Compensatory time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.

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SECTION 12. HOLIDAYS
(a) a. Effective upon the first full pay period following ratification of this Memorandum of UnderstandingOU by the Fire Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section. The City observes the following holidays on the dates indicated:
(1) New Year’s Day ........................................................................................... ..................................................................................................................... (January 1)
(2) Martin Luther King’s Birthday ....................................................................... (Third Monday in January)
(3) Lincoln’s Birthday ......................................................................................... ..................................................................................................................... (Second Monday in February)
(4) Washington’s Birthday ................................................................................. .......................................................................... (Third Monday in February) (5) Cesar Chavez Day ....................................................................................... ..................................................................................................................... (March 31 - FLOATING)
(6) Memorial Day ............................................................................................... ..................................................................................................................... (Last Monday in May)
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(7) Independence Day ....................................................................................... ..................................................................................................................... (July 4)
(8) Labor Day .................................................................................................... ..................................................................................................................... ........................................................................ (First Monday in September) (9) Columbus Day ............................................................................................. ..................................................................................................................... (Second Monday in October)
(10) Veterans’ Day .............................................................................................. ..................................................................................................................... (November 11)
(11) Thanksgiving ................................................................................................ ..................................................................................................................... ................................................................... (Fourth Thursday in November) (12) The day following Thanksgiving ................................................................... (Fourth Friday in November)
(13) Christmas Day ............................................................................................. ..................................................................................................................... (December 25)
(14) Birthday Holiday
b.(b) Effective July 1, 2021, 0.41% will be added to the suppression classifications on the salary schedule for the Birthday Holiday.
c.(c) Effective August 1, 2011, the differential for Administrative Captain and Other Administrative Positions in Ssections 13.12 and 13.14 will be increased by the 6.34%. d.(d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.

For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.

There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). e.(e) For positions that observe holidays, in order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday. f.(f) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday ATTACHMENT B 565

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holiday to be taken within sixty (60) calendar days after beginning on the day of the employee’s birthday.

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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
a.(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement System (CalPERS) 3% at 50 local safety pension formula based on the single highest year.
b.(b) Additional CalPERS Benefits.
(1) 1. The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to 2,080 hours (Government Code Ssection 20965), Survivor Benefit Level 4 (Government Code Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code section Section 21635), Continuation of Death Benefits After Remarriage (Government Code section Section 21551), and Military Service Credit as Public Service and for Retired Persons at the employees’ expense (Government Code sections Sections 21024 and 21027).
(2) 2. The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this Memorandum of UnderstandingOU.
c.(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compensation as determined by state law towards the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code section Section 20691.
d.(d) EPMC Payrate Conversion. The City will cease paying the nine percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays his/hertheir nine percent (9%) employee contribution on a pretax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code section section 20692. Instead of applying these section 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve month period prior to the effective date of retirement. Employees who wish to select this option, shall ATTACHMENT B 567

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indicate this on the City’s EPMC Authorization form provided by Human Resources.
e.(e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012 agree to continue sharing the cost of the CalPERS 3% at@ 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than nine percentthe (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll dreduction. If during the term of this agreement legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employee’s share of retirement contribution, thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible, consistent with CalPERS regulations, to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.

13.2 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013 who qualify as “classic” members, with the CalPERS 3% @at 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pretax basis toward the employee contribution for the pension benefit and are not subject to the Government Code Ssection 20516 Cost Sharing provision in Section 13.1 (e) above.

13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013, without reciprocity (i.e., “new” members) the CalPERS 2.7% at@ 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.

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Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal” cost as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code section Section 20516 Cost Sharing provision in Section 13.1 (e) above.

13.4 Education Incentive Pay
a.(a) Employees who satisfy the educational and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of rank for sworn Fire Unit employees.
b.(b) Employees who satisfy the educational and service requirements for an advanced education certification shall receive five percent (5%) of the top step rank for sworn Fire Unit employees.

13.5 HAZ/MAT Assignment
The City shall pay five percent (5%) of the top step of rank for sworn Fire Unit employees actively assigned to the HAZ/MAT response team. This section applies to a total certified and assigned complement of twenty- one (21) employees. The Fire Chief or theirhis/her designee shall ensure that employees with HAZ/MAT certification are assigned to back fill vacancies on the HAZ/MAT response team due to events such as vacation or sick leave and that such employees receive the five percent (5%) temporary add pay while working the vacant assignment.

13.6 Emergency Medical Technician Certification
a. It is the policy of the Stockton Ffire Department that all sworn employees assigned to line fire suppression activities and working in the rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (“EMT”) certification or face disciplinary procedures detailed below. b. Each member shall secure EMT certification within one (1) year of commencement of employment and maintain that certification throughout his/hertheir career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.

All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member ATTACHMENT B 569

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fails to re-certify after one (1) attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re-certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt orf the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR c. training and certification by the Division of Training prior to assignment to line fire suppression activities.
d. Members whose certification lapses shall have eighteen (18) months to complete an EMT re-certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one (1) pay grade until EMT re-certification is achieved. e. A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination. f. Any disputes that result from this agreement shall be handled in accordance with the current Memorandum of UnderstandingOU grievance procedures.

13.7 Paramedic Certification
a.(a) The City shall pay Fire Unit employees who are assigned to Paramedic duties and possess a valid Paramedic certificate as follows:
(1) Paramedic Firefighter Step I: Six percent (6%) above top step of current applicable rank.
(1)
(2) Paramedic Firefighter Step III: Eight and one-half percent (8.5%) above top step of current applicable rank.
(2)
(3) Paramedic Firefighter Step V: Nine percent (9%) above top step of current applicable rank.
(3)
(4) Paramedic Engineer: Six percent (6%) above Engineer top step. (4)
(5) Paramedic Fire Captain: Six percent (6%) above Fire Captain top step.

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13.8 Uniform Allowance
Employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.9 Contagious Disease
The City shall make available, at no cost to the employee, screenings for all strains of hepatitis, hepatitis B vaccinations, and shall monitor employees’ exposure to tuberculosis.

13.10 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

13.11 Call-Back Pay
a. An employee called back to work to assist with a multiple alarm fire or other emergency situation after he/ she hasthey have worked a scheduled shift and haves departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½-1/2) of his/hertheir regular rate of pay for time worked, whichever is greater.
b. The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis.

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(3) Deputy Fire Marshal III: Seven and one-half percent (7.50%) above Firefighter top step
(4) Deputy Fire Marshal IV: Ten percent (10%) above Firefighter top step
(5) Fire Captain (FM III): Ten percent (10%) above Fire Captain top step

13.13 Fire/Engineer Operator
Employees assigned as Fire/Engineer Operators shall be paid five percent (5%) above the Engineer top step.

13.14 Administrative Positions
(a) a. Administrative Captain. Employees assigned as Administrative Captains shall be paid at a rate that is thirteen point three three percent (13.33%) above the amount paid to Captains assigned to fire suppression duties. Note: The FLSA rate was 3.33% so this rate is not increasing. (b) b. Administrative Firefighter. Fire Unit employees assigned as an Administrative Firefighter shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter with pay increases of two and one-half percent (2.50%) per annum year to a maximum of thirteen point three three percent (13.33%). Note: The FLSA rate was 3.33% so this rate is not increasing.
(c) c. Administrative Firefighter/Engineer. Fire Unit employees assigned as an Administrative Firefighter/Engineer shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter/Engineer with pay increases of two and one-half percent (2.50%) per annum year to a maximum of thirteen point three three percent (13.33%). Note: The FLSA rate was

3.33%, so this rate is not increasing.

13.15 Longevity Pay
(a) (a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011, who by July 1, 2012 have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one quarter percent (1.25%) of top step pay for their classification. (b) (b) Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty-two (22) years of continuous ATTACHMENT B 572

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employment with the City shall receive an additional eight and three-quarters percent (8.75%) of top step pay for their classification. Effective July 1, 2016, the City agrees to continue the Tier Two longevity pay for the eligible members at the 8.75% rate, rather than the previously negotiated rate of four and threequarters (4.75%) based on the association’s agreement in prior Memoranda of UnderstandingMOU’s to redirect City HRA contributions to buy back this benefit.

13.16 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
a.(a) Participation in the Wellness-Fitness Program is mandatory for the program’s testing, evaluations, and daily physical training requirements. b.(b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
c.(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. d.(d) Labor The Union and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.

13.17 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of UnderstandingOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingOU is outside of the City’s control.

13.18 Lapse of Certification
An employee receiving an add pay under section Section 13 of this Memorandum of UnderstandingOU, whose certification lapses will not be eligible for the add pay and ATTACHMENT B 573

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will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.

ATTACHMENT B 574

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SECTION 14. INSURANCE PLANS

14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.

14.1 Health Insurance and Related Benefits
a.(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus oOne and Employee plus two or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
b.(b) Eligibility. Employees shall become eligible for Medical, Dental, and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or hertheir dependent cannot be covered by more than one (1) City-offered health plan).
c.(c) City Contribution Towards the Cost of Insurance Programs. 1)(1) Effective the first full pay period following adoption by the City Council, the City shall contribute the following:
a. Up to $697657.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,2651,192.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. c. Up to $1,6851,588.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

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(2) 2) Effective July 1, 20232020, the City shall contribute the following:
a. a. Up to $711670.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. b. Up to $1,2901,216.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. c. Up to $1,7191,620.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(3) `````````3) Effective July 1, 20242021, the City shall contribute the following:
a. a. Up to $725683.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. b. Up to $1,3161,240.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. c. Up to $1,7531,652.00 per month toward the cost of the monthly premium for employee plus two (2) or more
dependents medical/dental/vision plan coverage.

These contributions are based on full-time employment; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion. d.(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, /vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document.

14.2 Life Insurance
Effective July 1, 2012, tThe City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In ATTACHMENT B 576

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CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.

14.3 Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.

14.4 Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Unit members to be contributed to the Trust.

The Trust shall be and remain separate and apart from any Employer health insurance funding program.

Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a payroll deduction. This contribution amount shall be included in the above-referenced notice to the City. Individuals who attain regular status starting employment with the City in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.

To the extent authorized by law, all contributions shall be made on a pre-tax basis.

The employee assumes full responsibility and liability for tax consequences related to contributions to and/or withdrawals from the Trust. There shall be no employee election or option to take the contribution amount in cash. The Union has the right to alter the amount of salary deduction during the course of this Agreement, on a uniform basis, for all employees covered by the Agreement, subject to approval of its members according to the Union’s bylaws and applicable laws. The Union shall provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 43

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Unit members in the Trust.

The Union agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.

The City provides no guarantee to employees regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this contract shall constitute a guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All payments, in the form of employee contributions, to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan. The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in this contract.

The City’s obligation to provide pre-tax deposits would remain subject to Internal Revenue Service rules as they may be revised in the future. Should the Internal Revenue Service later determine that these contributions are no longer permissible on a pre-tax basis, the City shall cease deducting such amounts from employee compensation.

Participation in the Trust shall be the complete and sole responsibility of the union.

The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect to the Trust. The City has no fiduciary duty with respect to the Trust.

ATTACHMENT B 578

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 44

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
SECTION 15. SALARY PLAN

15.1 Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full time employment for each classification, unless the schedule specifically indicates otherwise. The Salary Schedule on the City of Stockton’s Human Resources Site shall provide salary rates for the classifications in the Fire Unit.

15.2 Salary Upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which the employee is appointed. When circumstances warrant, the City Manager may approve an entrance salary that is more than the minimum salary for the class. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.

15.3 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

15.4 Salary Step Plan-Sworn Ranks
a.(a) There shall be nine (9) salary steps for the classification of Firefighter. There shall be six (6) salary steps in each range for the classifications of Firefighter/Engineer and Fire Captain.
b.(b) The first step shall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first step after receiving the recommendation of the department head. The same provisions shall apply to hourly paid and part-time employees.)
c.(c) If a department head recommends to withhold increases to salary steps two (2) through nine (9) because an employee has not achieved the level of ATTACHMENT B 579

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 45

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
performance required, notice must be received by the City Manager at least four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation.
d.(d) The second step shall be paid upon the employee’s satisfactory completion of the Fire Academy and upon the written recommendation of the department head.
e.(e) The third step shall be paid upon the satisfactory completion of six (6) months of service at the second step upon the written recommendation of the department head.
f.(f) The fourth step shall be paid upon the satisfactory completion of six (6) months of service at the third step upon the written recommendation of the department head.
g.(g) The fifth step shall be paid upon the satisfactory completion of one (1) year of service at the fourth step upon the written recommendation of the department head.
h.(h) The sixth step shall be paid upon the satisfactory completion of one (1) year of service at the fifth step and written recommendation of the department head. i.(i) The seventh step shall be paid upon the satisfactory completion of one (1) year of service at the sixth step and upon the written recommendation of the department head.
j.(j) The eighth step shall be paid upon the satisfactory completion of one (1) year of service at the seventh step and upon the written recommendation of the department head.
k.(k) The ninth step shall be paid upon the satisfactory completion of six (6) months of service at the eighth step and upon the written recommendation of the department head.
l.(l) As an exception to the foregoing, employees promoted to the rank of Fire Captain shall be eligible for step increases upon the satisfactory completion of six (6) months’ service in each step of the Fire Captain Salary range. Also, employees holding the rank of Firefighter/Engineer shall be subject to step increase intervals of one (1) year. However, the Firefighter/Engineer rank shall be limited to six (6) salary steps. Regardless of an employee's length of service, step advancements may be made upon recommendation of the department head, but not above Step No. 6 of the Firefighter/Engineer and ATTACHMENT B 580

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 46

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Captain Salary ranges, and not above Step No. 9 of the Firefighter salary range.
m.(m) Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date. n.(n) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.
o.(o) Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.

15.5 Salary Step After Military Leave
All employees who have been granted military leave shall, upon their return to the City service, beare entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.

15.6 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.7 Salary Step After Promotion or Demotion
a. When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5.0%) above the current base pay salary on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary afteron promotion rules shall apply. b. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

ATTACHMENT B 581

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 47

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING

15.8 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, his/hertheir salary shall not be higher than his/hertheir salary at the time of his/hertheir separation unless there has been an increase within the salary range.

15.9 Salary Adjustments
(a) Effective the first full pay period following adoption by City Council, employees will receive a four percent 4% cost of living adjustment (COLA). Effective July 1, 2021, employees will receive a two percent (2%) COLA. (a) Effective upon the first full pay period following approval by the City Council on its regular agenda, in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, all bargaining unit classifications will receive a five point sixty eight ten percent (5.6810%) increase to base pay (comprised of a two percent (2%) COLA and an three point sixty eight percent (3.68%) Market Adjustment).
(b) Effective the first full pay period following adoption by the City Council, employees will receive a one percent (1%) market salary adjustment. (b) Effective July 1, 2023, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a onethree percent (13%) Market Adjustment). .
(c) Effective July 1, 2024, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a threeone percent (13%) Market Adjustment).

15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.11 Lump Sum Payment
Each employee who is employed in the bargaining unit as of July 1, 2019January 1, 2024 and remains employed as of the first full pay period following adoption of this Agreement will receive a five thousand ($5,000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month. of $1,650.

ATTACHMENT B 582

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 48

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of UnderstandingOU are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of UnderstandingOU shall be null and void but such nullification shall not affect any other provisions of this Memorandum of UnderstandingOU, all of which other provisions shall remain in full force and effect.

SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING a. Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of UnderstandingOU.
b. This Memorandum of UnderstandingOU shall supersede all existing Mmemoranda of Uunderstanding between the City and the Union.

SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this Memorandum of UnderstandingOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring.

SECTION 19. DURATION OF AGREEMENT
All provisions of this Memorandum of UnderstandingOU shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including June 30, 20252.

ATTACHMENT B 583

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 49

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
SECTION 20. MAINTENANCE OF OPERATIONS
a.(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this Memorandum of UnderstandingOU, through and inclusive of June 30, 20252, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing), against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
b.(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has engaged in any activity prohibited by subsection (“a)” of this section. In addition, the City may take other action that it deems appropriate. c.(c) If the City Council, by majority vote, determines to its satisfaction that subsection (“a)” of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
d.(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of UnderstandingOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.

ATTACHMENT B 584

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 50

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
APPENDIX A: City of Stockton’s New Medical Response Squad At such time when the department is sufficiently staffed to allow for the staffing of a Medical Response Squad, without incurring additional mandatory overtime within the department, the parties agree to reopen negotiations solely for the purpose of meeting and conferring over any negotiable impacts associated with adding a new Medical Response Squad.

ATTACHMENT B 585

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 51

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
APPENDIX A. COLA and Market Adjustments
Year 1‐ Effective the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2‐ Effective 7/1/23;
Year 3‐ Effective 7/1/24
Steps
1 2 3 4 5 6 7 8 9
Fire Captain 7,257.16 7,630.30 8,021.79 8,434.05 8,867.15 9,323.48 - - - COLA and MA year 1 (9.65%) 700.32 736.32 774.10 813.89 855.68 899.72 - - - Year 1 - Monthly Salary 7,957.47 8,366.62 8,795.89 9,247.93 9,722.83 10,223.19 - - - COLA and MA year 2 (3%) 238.72 251.00 263.88 277.44 291.68 306.70 - - - Year 2 - Monthly Salary 8,196.20 8,617.62 9,059.77 9,525.37 10,014.51 10,529.89 - - - COLA and MA year 3 (3%) 245.89 258.53 271.79 285.76 300.44 315.90 - - - Year 3 - Monthly Salary 8,442.08 8,876.15 9,331.56 9,811.13 10,314.95 10,845.78 - - -

Fire Captain - Admin 6,839.34 7,191.06 7,560.07 7,948.68 8,356.90 8,787.04 - - - COLA and MA year 1 (9.65%) 660.00 693.94 729.55 767.05 806.44 847.95 - - - Year 1 - Monthly Salary 7,499.34 7,885.00 8,289.62 8,715.73 9,163.34 9,634.99 - - - COLA and MA year 2 (3%) 224.98 236.55 248.69 261.47 274.90 289.05 - - - Year 2 - Monthly Salary 7,724.32 8,121.55 8,538.31 8,977.20 9,438.24 9,924.04 - - - COLA and MA year 3 (3%) 231.73 243.65 256.15 269.32 283.15 297.72 - - - Year 3 - Monthly Salary 7,956.05 8,365.19 8,794.46 9,246.52 9,721.38 10,221.76 - - -

Fire Captain (22 years) 7,892.16 8,297.95 8,723.68 9,172.04 9,643.02 10,139.28 - - - COLA and MA year 1 (9.65%) 761.59 800.75 841.84 885.10 930.55 978.44 - - - Year 1 - Monthly Salary 8,653.75 9,098.70 9,565.52 10,057.14 10,573.58 11,117.72 - - - COLA and MA year 2 (3%) 259.61 272.96 286.97 301.71 317.21 333.53 - - - Year 2 - Monthly Salary 8,913.36 9,371.66 9,852.48 10,358.86 10,890.78 11,451.25 - - - COLA and MA year 3 (3%) 267.40 281.15 295.57 310.77 326.72 343.54 - - - Year 3 - Monthly Salary 9,180.76 9,652.81 10,148.06 10,669.62 11,217.51 11,794.79 - - -

Fire Captain (22 years) -
Admin 7,437.78 7,820.28 8,221.59 8,644.18 9,088.13 9,555.90 - - - COLA and MA year 1 (9.65%) 717.75 754.66 793.38 834.16 877.00 922.14 - - - Year 1 - Monthly Salary 8,155.53 8,574.94 9,014.97 9,478.34 9,965.14 10,478.05 - - - COLA and MA year 2 (3%) 244.67 257.25 270.45 284.35 298.95 314.34 - - - Year 2 - Monthly Salary 8,400.20 8,832.19 9,285.42 9,762.69 10,264.09 10,792.39 - - - ATTACHMENT B 586

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 52

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
COLA and MA year 3 (3%) 252.01 264.97 278.56 292.88 307.92 323.77 - - - Year 3 - Monthly Salary 8,652.20 9,097.15 9,563.98 10,055.57 10,572.01 11,116.16 - - -

Fire Fighter 4,772.67 5,018.13 5,276.35 5,547.28 5,833.26 6,133.15 6,448.09 6,779.23 7,127.75 COLA and MA year 1 (9.65%) 460.56 484.25 509.17 535.31 562.91 591.85 622.24 654.20 687.83 Year 1 - Monthly Salary 5,233.23 5,502.37 5,785.52 6,082.60 6,396.17 6,725.00 7,070.33 7,433.42 7,815.57 COLA and MA year 2 (3%) 157.00 165.07 173.57 182.48 191.89 201.75 212.11 223.00 234.47 Year 2 - Monthly Salary 5,390.23 5,667.45 5,959.08 6,265.07 6,588.06 6,926.75 7,282.44 7,656.43 8,050.04 COLA and MA year 3 (3%) 161.71 170.02 178.77 187.95 197.64 207.80 218.47 229.69 241.50 Year 3 - Monthly Salary 5,551.93 5,837.47 6,137.86 6,453.03 6,785.70 7,134.55 7,500.91 7,886.12 8,291.54

Fire Fighter - Admin 4,497.55 4,728.93 4,972.30 5,227.68 5,497.26 5,779.93 6,076.79 6,388.91 6,717.41 COLA and MA year 1 (9.65%) 434.01 456.34 479.83 504.47 530.49 557.76 586.41 616.53 648.23 Year 1 - Monthly Salary 4,931.56 5,185.27 5,452.13 5,732.15 6,027.75 6,337.69 6,663.20 7,005.44 7,365.64 COLA and MA year 2 (3%) 147.95 155.56 163.56 171.96 180.83 190.13 199.90 210.16 220.97 Year 2 - Monthly Salary 5,079.51 5,340.82 5,615.69 5,904.12 6,208.58 6,527.82 6,863.10 7,215.60 7,586.61 COLA and MA year 3 (3%) 152.39 160.22 168.47 177.12 186.26 195.83 205.89 216.47 227.60 Year 3 - Monthly Salary 5,231.89 5,501.05 5,784.16 6,081.24 6,394.84 6,723.66 7,068.99 7,432.07 7,814.21

Fire Fighter (22 years) 5,457.22 5,738.03 6,032.67 6,343.68 6,669.81 7,012.30 7,372.41 7,751.42 - COLA and MA year 1 (9.65%) 526.62 553.72 582.15 612.16 643.64 676.69 711.44 748.01 - Year 1 - Monthly Salary 5,983.84 6,291.75 6,614.82 6,955.84 7,313.44 7,688.99 8,083.85 8,499.43 - COLA and MA year 2 (3%) 179.52 188.75 198.44 208.68 219.40 230.67 242.52 254.98 - Year 2 - Monthly Salary 6,163.35 6,480.50 6,813.26 7,164.52 7,532.84 7,919.66 8,326.36 8,754.42 - COLA and MA year 3 (3%) 184.90 194.42 204.40 214.94 225.99 237.59 249.79 262.63 - Year 3 - Monthly Salary 6,348.25 6,674.92 7,017.66 7,379.45 7,758.83 8,157.25 8,576.15 9,017.05 - Fire Fighter (22 years) -
Admin 5,142.71 5,407.38 5,684.42 5,978.27 6,285.68 6,608.51 6,947.94 7,305.18 - COLA and MA year 1 (9.65%) 496.27 521.81 548.55 576.90 606.57 637.72 670.48 704.95 - Year 1 - Monthly Salary 5,638.98 5,929.20 6,232.96 6,555.17 6,892.25 7,246.23 7,618.42 8,010.13 - COLA and MA year 2 (3%) 169.17 177.88 186.99 196.66 206.77 217.39 228.55 240.30 - Year 2 - Monthly Salary 5,808.15 6,107.07 6,419.95 6,751.83 7,099.01 7,463.62 7,846.97 8,250.44 - COLA and MA year 3 (3%) 174.24 183.21 192.60 202.55 212.97 223.91 235.41 247.51 - Year 3 - Monthly Salary 5,982.39 6,290.28 6,612.55 6,954.38 7,311.98 7,687.53 8,082.38 8,497.95 -

Fire Fighter Engineer 6,355.55 6,681.67 7,026.03 7,386.21 7,765.86 8,164.98 - - - COLA and MA year 1 (9.65%) 613.31 644.78 678.01 712.77 749.41 787.92 - - - Year 1 - Monthly Salary 6,968.86 7,326.45 7,704.04 8,098.97 8,515.27 8,952.91 - - - COLA and MA year 2 (3%) 209.07 219.79 231.12 242.97 255.46 268.59 - - - ATTACHMENT B 587

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 53

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Year 2 - Monthly Salary 7,177.92 7,546.24 7,935.17 8,341.94 8,770.73 9,221.49 - - - COLA and MA year 3 (3%) 215.34 226.39 238.05 250.26 263.12 276.64 - - - Year 3 - Monthly Salary 7,393.26 7,772.63 8,173.22 8,592.20 9,033.85 9,498.14 - - -

Fire Fighter Engineer -
Admin 5,989.48 6,296.89 6,621.48 6,960.99 7,318.84 7,694.81 - - - COLA and MA year 1 (9.65%) 577.98 607.65 638.97 671.74 706.27 742.55 - - - Year 1 - Monthly Salary 6,567.47 6,904.54 7,260.45 7,632.72 8,025.11 8,437.36 - - - COLA and MAyear 2 (3%) 197.02 207.14 217.81 228.98 240.75 253.12 - - - Year 2 - Monthly Salary 6,764.49 7,111.68 7,478.27 7,861.70 8,265.86 8,690.48 - - - COLA and MA year 3 (3%) 202.93 213.35 224.35 235.85 247.98 260.71 - - - Year 3 - Monthly Salary 6,967.43 7,325.03 7,702.61 8,097.55 8,513.84 8,951.20 - - -

Fire Fighter Engineer (22
years) 6,911.65 7,266.30 7,640.82 8,032.50 8,445.37 8,879.42 - - - COLA and MA year 1 (9.65%) 666.97 701.20 737.34 775.14 814.98 856.86 - - - Year 1 - Monthly Salary 7,578.63 7,967.50 8,378.16 8,807.63 9,260.35 9,736.28 - - - COLA and MA year 2 (3%) 227.36 239.02 251.34 264.23 277.81 292.09 - - - Year 2 - Monthly Salary 7,805.99 8,206.52 8,629.50 9,071.86 9,538.16 10,028.37 - - - COLA and MA year 3 (3%) 234.18 246.20 258.88 272.16 286.14 300.85 - - - Year 3 - Monthly Salary 8,040.16 8,452.72 8,888.38 9,344.02 9,824.30 10,329.22 - - -

Fire Fighter Engineer (22
years) - Admin 6,513.56 6,847.87 7,200.86 7,570.07 7,959.23 8,368.11 - - - COLA and MA year 1 (9.65%) 628.56 660.82 694.88 730.51 768.07 807.52 - - - Year 1 - Monthly Salary 7,142.12 7,508.69 7,895.74 8,300.59 8,727.30 9,175.63 - - - COLA and MA year 2 (3%) 214.26 225.26 236.87 249.02 261.82 275.27 - - - Year 2 - Monthly Salary 7,356.39 7,733.95 8,132.61 8,549.60 8,989.12 9,450.90 - - - COLA and MA year 3 (3%) 220.69 232.02 243.98 256.49 269.67 283.53 - - - Year 3 - Monthly Salary 7,577.08 7,965.97 8,376.59 8,806.09 9,258.79 9,734.43 - - -

Fire Fighter Trainee 4,772.67 - - - - - - - -
COLA and MA year 1 (9.65%) 460.56 - - - - - - - -
Year 1 - Monthly Salary 5,233.23 - - - - - - - -
COLA and MA year 2 (3%) 157.00 - - - - - - - -
Year 2 - Monthly Salary 5,390.23 - - - - - - - -
COLA and MA year 3 (3%) 161.71 - - - - - - - -
Year 3 - Monthly Salary 5,551.93 - - - - - - - -
ATTACHMENT B 588

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 54

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on the ______ day of_________, 2022 2020 and by an affirmative vote of the Stockton City Council on _______________. The parties hereto have executed this Memorandum of Understanding this _______day of ___________, 2022 2020.

STOCKTON PROFESSIONAL
FIRE FIGHTERS’ LOCAL UNION 456,
International Association of Fire Fighters
City of Stockton
___________________________________ _________________________________

MARIO GARDEA HARRY BLACK
President City Manager
___________________________________

MICAH MORI
Fire Unit Representative
___________________________________ _________________________________ SCOTT WATKINS ROBERT BONNERALLISON U.

DICHOSO
Fire Unit Representative Director of Human Resources
Approved as to form: Approved as to form:

RAINS LUCIA STERN, PC John LuebberkeLORI M.

ASUNCION[NAME], Acting City Attorney
By: By:

By:
________________________________ _________________________________ TIMOTHY TALBOT MARCI A. ARREDONDO
Attorney for the Association Deputy City Attorney
_________________________________ MARCI A. ARREDONDO
Deputy City Attorney

By:
_________________________________

BURKE DUNPHY DANIA TORRES
WONG
Negotiator for the City
ATTACHMENT B 589

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 55

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
ATTEST:

ELIZA GARZA

CITY CLERK
_________________________________

ELIZA GARZA
City Clerk

APPENDIX B

MARKET ADJUSTMENTS
Year 1- eff. the first full pay period following adoption of this agreement by the City Council; Year 3-eff. 7/1/21 Steps
1 2 3 4 5 6 7 8 9
Fire Captain

6,748.93

7,095.94

7,460.01

7,843.40

8,246.17

8,670.54 - - -
COLA year 1 (4%)

269.96

283.84

298.40

313.74

329.85

346.82 - - -
MA year 1 (1%)

67.49 70.96

74.60 78.43

82.46 86.71 - - -
Year 1 - With COLA and
Market Adjustment

7,086.38

7,450.74

7,833.01

8,235.57

8,658.48

9,104.07 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

7,086.38

7,450.74

7,833.01

8,235.57

8,658.48

9,104.07 - - -
COLA year 3 (2%)

141.73

149.01

156.66

164.71

173.17

182.08 - - -
Birthday Holiday year 3
(0.41%)

29.05 30.55

32.12 33.77

35.50 37.33 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

7,257.16

7,630.30

8,021.79

8,434.05

8,867.15

9,323.48 - - -

Fire Captain - Admin

6,385.94

6,714.34

7,058.89

7,421.74

7,802.89

8,204.52 - - -
COLA year 1 (4%)

255.44

268.57

282.36

296.87

312.12

328.18 - - -
MA year 1 (1%)

63.86 67.14

70.59 74.22

78.03 82.05 - - -
Year 1 - With COLA and
Market Adjustment

6,705.24

7,050.06

7,411.83

7,792.83

8,193.03

8,614.75 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,705.24

7,050.06

7,411.83

7,792.83

8,193.03

8,614.75 - - -
COLA year 3 (2%)

134.10

141.00

148.24

155.86

163.86

172.29 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

6,839.34

7,191.06

7,560.07

7,948.68

8,356.90

8,787.04 - - -

ATTACHMENT B 590

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 56

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Captain (22 years)

7,339.46

7,716.83

8,112.75

8,529.71

8,967.71

9,429.21 - - -
COLA year 1 (4%)

293.58

308.67

324.51

341.19

358.71

377.17 - - -
MA year 1 (1%)

73.39 77.17

81.13 85.30

89.68 94.29 - - -
Year 1 - With COLA and
Market Adjustment

7,706.43

8,102.67

8,518.39

8,956.20

9,416.10

9,900.67 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

7,706.43

8,102.67

8,518.39

8,956.20

9,416.10

9,900.67 - - -
COLA year 3 (2%)

154.13

162.05

170.37

179.12

188.32

198.01 - - -
Birthday Holiday year 3
(0.41%)

31.60 33.22

34.93 36.72

38.61 40.59 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

7,892.16

8,297.95

8,723.68

9,172.04

9,643.02

10,139.2
8 - - -

Fire Captain (22 years) -
Admin

6,944.71

7,301.85

7,676.55

8,071.13

8,485.65

8,922.41 - - -
COLA year 1 (4%)

277.79

292.07

307.06

322.85

339.43

356.90 - - -
MA year 1 (1%)

69.45 73.02

76.77 80.71

84.86 89.22 - - -
Year 1 - With COLA and
Market Adjustment

7,291.95

7,666.94

8,060.38

8,474.69

8,909.93

9,368.53 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

7,291.95

7,666.94

8,060.38

8,474.69

8,909.93

9,368.53 - - -
COLA year 3 (2%)

145.84

153.34

161.21

169.49

178.20

187.37 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

7,437.78

7,820.28

8,221.59

8,644.18

9,088.13

9,555.90 - - -

Fire Fighter

4,438.43

4,666.70

4,906.84

5,158.80

5,424.75

5,703.64

5,996.52

6,304.47

6,628.58
COLA year 1 (4%)

177.54

186.67

196.27

206.35

216.99

228.15

239.86

252.18

265.14
MA year 1 (1%)

44.38 46.67

49.07 51.59

54.25 57.04

59.97 63.04

66.29 Year 1 - With COLA and
Market Adjustment

4,660.35

4,900.04

5,152.18

5,416.74

5,695.99

5,988.82

6,296.35

6,619.69

6,960.01
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

4,660.35

4,900.04

5,152.18

5,416.74

5,695.99

5,988.82

6,296.35

6,619.69

6,960.01
COLA year 3 (2%)

93.21 98.00

103.04

108.33

113.92

119.78

125.93

132.39

139.20
Birthday Holiday year 3
(0.41%)

19.11 20.09

21.12 22.21

23.35 24.55

25.82 27.14

28.54 MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

4,772.67

5,018.13

5,276.35

5,547.28

5,833.26

6,133.15

6,448.09

6,779.23

7,127.75
ATTACHMENT B 591

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 57

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING

Fire Fighter - Admin

4,199.39

4,415.43

4,642.67

4,881.12

5,132.83

5,396.76

5,673.94

5,965.37

6,272.09
COLA year 1 (4%)

167.98

176.62

185.71

195.24

205.31

215.87

226.96

238.61

250.88
MA year 1 (1%)

41.99 44.15

46.43 48.81

51.33 53.97

56.74 59.65

62.72 Year 1 - With COLA and
Market Adjustment

4,409.36

4,636.20

4,874.80

5,125.18

5,389.47

5,666.60

5,957.64

6,263.64

6,585.69
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

4,409.36

4,636.20

4,874.80

5,125.18

5,389.47

5,666.60

5,957.64

6,263.64

6,585.69
COLA year 3 (2%)

88.19 92.72

97.50 102.50

107.79

113.33

119.15

125.27

131.71
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

4,497.55

4,728.93

4,972.30

5,227.68

5,497.26

5,779.93

6,076.79

6,388.91

6,717.41

Fire Fighter (22 years)

5,075.04

5,336.19

5,610.19

5,899.42

6,202.71

6,521.22

6,856.11

7,208.58 -
COLA year 1 (4%)

203.00

213.45

224.41

235.98

248.11

260.85

274.24

288.34 -
MA year 1 (1%)

50.75 53.36

56.10 58.99

62.03 65.21

68.56 72.09 -
Year 1 - With COLA and
Market Adjustment

5,328.79

5,603.00

5,890.70

6,194.39

6,512.85

6,847.28

7,198.92

7,569.01 -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

5,328.79

5,603.00

5,890.70

6,194.39

6,512.85

6,847.28

7,198.92

7,569.01 -
COLA year 3 (2%)

106.58

112.06

117.81

123.89

130.26

136.95

143.98

151.38 -
Birthday Holiday year 3
(0.41%)

21.85 22.97

24.15 25.40

26.70 28.07

29.52 31.03 -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

5,457.22

5,738.03

6,032.67

6,343.68

6,669.81

7,012.30

7,372.41

7,751.42 -

Fire Fighter (22 years) -
Admin

4,801.78

5,048.91

5,307.58

5,581.95

5,868.98

6,170.41

6,487.34

6,820.90 -
COLA year 1 (4%)

192.07

201.96

212.30

223.28

234.76

246.82

259.49

272.84 -
MA year 1 (1%)

48.02 50.49

53.08 55.82

58.69 61.70

64.87 68.21 -
Year 1 - With COLA and
Market Adjustment

5,041.87

5,301.36

5,572.96

5,861.05

6,162.43

6,478.93

6,811.71

7,161.95 -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

5,041.87

5,301.36

5,572.96

5,861.05

6,162.43

6,478.93

6,811.71

7,161.95 -
COLA year 3 (2%)

100.84

106.03

111.46

117.22

123.25

129.58

136.23

143.24 -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

5,142.71

5,407.38

5,684.42

5,978.27

6,285.68

6,608.51

6,947.94

7,305.18 -

ATTACHMENT B 592

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 58

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Fighter Engineer

5,910.46

6,213.74

6,533.99

6,868.94

7,222.01

7,593.18 - - -
COLA year 1 (4%)

236.42

248.55

261.36

274.76

288.88

303.73 - - -
MA year 1 (1%)

59.10 62.14

65.34 68.69

72.22 75.93 - - -
Year 1 - With COLA and
Market Adjustment

6,205.98

6,524.43

6,860.69

7,212.39

7,583.11

7,972.84 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,205.98

6,524.43

6,860.69

7,212.39

7,583.11

7,972.84 - - -
COLA year 3 (2%)

124.12

130.49

137.21

144.25

151.66

159.46 - - -
Birthday Holiday year 3
(0.41%)

25.44 26.75

28.13 29.57

31.09 32.69 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

6,355.55

6,681.67

7,026.03

7,386.21

7,765.86

8,164.98 - - -

Fire Fighter Engineer -
Admin

5,592.42

5,879.45

6,182.52

6,499.52

6,833.65

7,184.70 - - -
COLA year 1 (4%)

223.70

235.18

247.30

259.98

273.35

287.39 - - -
MA year 1 (1%)

55.92 58.79

61.83 65.00

68.34 71.85 - - -
Year 1 - With COLA and
Market Adjustment

5,872.04

6,173.42

6,491.65

6,824.50

7,175.33

7,543.94 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

5,872.04

6,173.42

6,491.65

6,824.50

7,175.33

7,543.94 - - -
COLA year 3 (2%)

117.44

123.47

129.83

136.49

143.51

150.88 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

5,989.48

6,296.89

6,621.48

6,960.99

7,318.84

7,694.81 - - -

Fire Fighter Engineer
(22 years)

6,427.62

6,757.43

7,105.72

7,469.97

7,853.93

8,257.58 - - -
COLA year 1 (4%)

257.10

270.30

284.23

298.80

314.16

330.30 - - -
MA year 1 (1%)

64.28 67.57

71.06 74.70

78.54 82.58 - - -
Year 1 - With COLA and
Market Adjustment

6,749.00

7,095.30

7,461.01

7,843.47

8,246.63

8,670.46 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,749.00

7,095.30

7,461.01

7,843.47

8,246.63

8,670.46 - - -
COLA year 3 (2%)

134.98

141.91

149.22

156.87

164.93

173.41 - - -
Birthday Holiday year 3
(0.41%)

27.67 29.09

30.59 32.16

33.81 35.55 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

6,911.65

7,266.30

7,640.82

8,032.50

8,445.37

8,879.42 - - -

ATTACHMENT B 593

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 59

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Fighter Engineer
(22 years) - Admin

6,081.76

6,393.90

6,723.49

7,068.23

7,431.59

7,813.36 - - -
COLA year 1 (4%)

243.27

255.76

268.94

282.73

297.26

312.53 - - -
MA year 1 (1%)

60.82 63.94

67.23 70.68

74.32 78.13 - - -
Year 1 - With COLA and
Market Adjustment

6,385.85

6,713.60

7,059.66

7,421.64

7,803.17

8,204.03 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,385.85

6,713.60

7,059.66

7,421.64

7,803.17

8,204.03 - - -
COLA year 3 (2%)

127.72

134.27

141.19

148.43

156.06

164.08 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

6,513.56

6,847.87

7,200.86

7,570.07

7,959.23

8,368.11 - - -

Fire Fighter Trainee

4,438.43 - - - - - - - -
COLA year 1 (4%)

177.54 - - - - - - - -
MA year 1 (1%)

44.38 - - - - - - - -
Year 1 - With COLA and
Market Adjustment

4,660.35 - - - - - - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

4,660.35 - - - - - - - -
COLA year 3 (2%)

93.21 - - - - - - - -
Birthday Holiday year 3
(0.41%)

19.11 - - - - - - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

4,772.67 - - - - - - - -
ATTACHMENT B 594

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252

CITY OF STOCKTON

FIRE SERVICES MANAGEMENT UNIT

MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters’ Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms of conditions of employment for employees in the representation unit identified in Section 1 of this Memorandum of Understanding, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code sections 3500-3511) (“MMBA”) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours and other terms and conditions of employment for the period commencing July 1, 202219, and ending on June 30, 20252. This agreement shall supersede all other existing agreements on the matters set forth herein.

ATTACHMENT C 595

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20225

CITY OF STOCKTON ii

MEMORANDUM OF UNDERSTANDING
Table of ContentsTABLE OF CONTENTS
SECTION 1. RECOGNITION………………………………………………………….……….1
SECTION 2. UNION SECURITY……………………………………………………….……...22

2.1 Union Membership Dues and Payroll Deductions ........................................ 2

2.2 Use of City Facilities ..................................................................................... 3

2.3 Advance Notice ............................................................................................ 3

2.4 Attendance at Meetings by Employees/Release Time ................................. 4

2.5 New Hire Employee Orientation and Information Requirements .................. 4 SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT .………………………….65

3.1 Non-Discrimination/Equal Employment ........................................................ 5 SECTION 4. PROBATION ..…………………………………………………………………...76
SECTION 5. LAYOFF…………………………………….....................................................87

5.1 Layoff Scope ................................................................................................ 7

5.2 Notice of Layoff ............................................................................................ 7

5.3 Precedence by Employment Status ............................................................. 7

5.4 Employee Options ........................................................................................ 8 SECTION 6. REEMPLOYMENT ……………………………………………………………..9
SECTION 7.

DISCIPLINE..……………………………………………………………...........111
1SECTION 7.

DISCIPLINE..……………………………………………………………...........11
SECTION 8. GRIEVANCE
PROCEDURES………………………………………………...1212SECTION 8.

GRIEVANCE PROCEDURES………………………………………………...12

8.1 Definition .................................................................................................... 11

8.2 Filing Deadline ............................................................................................ 11

8.3 Grievance Processing ................................................................................ 11

8.4 Scope of Arbitration .................................................................................... 12

8.5 Other Provisions ......................................................................................... 12 SECTION 9. LEAVES………………………………………………………………….……...1515
ATTACHMENT C 596

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20225

CITY OF STOCKTON iii

MEMORANDUM OF UNDERSTANDING

9.1. Vacation Leave .................................................................................... 1515

9.2. Sick Leave ........................................................................................... 1717

9.3. Other Leaves with Pay ......................................................................... 2018

9.4. Workers' Compensation Leave ............................................................ 2221

9.5. Leaves of Absence .............................................................................. 2322

9.6 . Leaves of Absence without Pay ......................................................... 24232

9.7 . Absence Without Official Leave (AWOL) ............................................. 2524 SECTION 10. DAYS AND HOURS OF WORK………………………………...……….… 2725

10.1. Workweek ............................................................................................ 2725

10.2. Shift Trades .......................................................................................... 2725

10.3. Staffing ................................................................................................. 2725 SECTION 11. OVERTIME…………………………………………………………………….2926

11.1. Overtime Authorization ........................................................................ 2926

11.2.DefinitionFair Labor Standards Act (FLSA) Agreement ......................... 264

11.3. Compensatory Time ............................................................................. 3027

11.4. Fair Labor Standards Act ..................................................................... 3027 SECTION 12. HOLIDAYS………………………………………………………………....….297
SECTION 13. COMPENSATION OTHER THAN BASE SALARY…......................….…3129

13.1. PERS Benefits for Unit Employees hired on or before 12/28/201206/30/2011 ............................................................................................................. 3129

13.2 PERS Benefits for Unit Employees hired on or after 07/01/201112/29/2012 and
before 01/01/2013 .................................................................................... 30

13.3 PERS Benefits for Unit Employees hired on or after 01/01/2013 ............. 30

13.4. Uniform Allowance ............................................................................... 3833

13.5. Certificate Incentive Pay .................................................................... 38331

13.6. Emergency Medical Technician Certification ....................................... 3833

13.7. Mileage Reimbursement for Private Vehicle Use ................................. 3934

13.8. Longevity Pay ...................................................................................... 3934

13.9. Contagious Disease ........................................................................... 39342

13.10. Specialty Assignment Pay ................................................................. 4035 ATTACHMENT C 597

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20225

CITY OF STOCKTON iv

MEMORANDUM OF UNDERSTANDING

13.11. Acting Pay ......................................................................................... 4035

13.12. Call-Back Pay .................................................................................... 4035

13.13. Paramedic Certificate Pay ................................................................. 4035

13.14. Wellness-Fitness Program ................................................................ 4136

13.15 CalPERS Reportability ........................................................................... 34

13.16 Lapse of Certification ………..………………………………………………34
SECTION 14. INSURANCE PLANS…………………………………………………………4237

14.0 Reopener Clause for Health Insurance. ....................................................... ................................................................................................................. 35

14.1 Health Insurance and Welfare Related Benefits …………………………...35

14.2 Long Term Disability …………………………………………………………..386

14.3 Life Insurance .……………………………………………………………........37

14.4 Retiree Medical Trust ............................................................................... 37

14.5 Survivors' Medical Benefit……………………………………………………..398 SECTION 15. SALARY PLAN ………………………………………………………………..39

15.1 Salary Ranges ………………………………………………………………….309

15.2 Salary Upon Appointment ……………………………………………….…....309

15.3 Salary Equivalents ………………………………………………………….….309

15.4 Salary Step After Military Leave ……………………………………….……..309

15.5 Salary Step When Salary Range is Increased ………………..............……319

15.6 Salary Step After Promotion or Demotion …………………………………...410

15.7 Salary on Reinstatement ………………………………………………………410

15.8 Salary Adjustments …………………………………………………………….410

15.9 Bi-Weekly Pay Period ………………………………………………………….41

15.10 Lump Sum Payment ………………………………………………………….421
SECTION 16. SEPARABILITY OF PROVISIONS……………………………………........432 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING…432 SECTION 18. SCOPE OF AGREEMENT………………………………………………...…432 SECTION 19. DURATION OF AGREEMENT……………………………………..………..432 SECTION 20. MAINTENANCE OF OPERATIONS………………………………………...442 ATTACHMENT C 598

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APPENDIX A. COLA AND MARKET ADJUSTMENTS ……………………………………….…. ................................................................................................................. 45 ATTACHMENT C 599

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SECTION 1. RECOGNITION

1.1 . City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 . Union Recognition
Pursuant to Resolution No. 36,011, adopted by the Stockton City Council on February 14, 1979, Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, is the recognized employee organization representing the Fire Services Management Unit, hereafter referred to as the “Union.” ATTACHMENT C 600

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SECTION 2. UNION SECURITY

2.1 Union Membership Dues and Payroll Deductions
(a) (a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership dues deductions.
(b) (b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely on upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for memberships dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence of terms of the authorization.
(7) Deduction notifications will be provided to
[email protected]@stocktonca.gov.

(7)
ATTACHMENT C 601

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(8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(8)
(c) Hold Harmless Provision.
(a) The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 Use of City Facilities
The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department.

Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non- duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and, when made, shall continue until revoked by the Fire Chief.

City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.

Members of the Union are prohibited from using City equipment and/or time for their personal use.

2.3 Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and ATTACHMENT C 602

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shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.

In cases of emergency which constitute an imminent threat to the City’s financial and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representatives designated by the City Manager.

2.4 Attendance at Meetings by Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay, in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.

2.5 New Hire Employee Orientation and Information Requirements (a) (a) In accordance with the Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of the new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system (currently HTE):

1.(1) Name;

2.(2) Job title;

3.(3) Department;

4.(4) Work location;

5.(5) Personal cellular telephone numbers, including work and home;

6.(6) Personal email addresses as provided by new hire employee; and

7.(7) Home address.

ATTACHMENT C 603

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The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT

3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, creed, color, religion (creed), national origin (ancestry), military or veterans status, physical orand mental disability, medical condition, genetic information, marital status, sexual orientation, sex (sexual, gender based including, pregnancy, /childbirth, breastfeeding or related medical conditions), gender identity/expression, sexual orientation, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Ffederal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Ffederal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.

ATTACHMENT C 604

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SECTION 4. PROBATION
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.

ATTACHMENT C 605

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SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of his/hertheir position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.

5.1 Layoff Scope
a.(a) Layoffs shall be within departments of the City.
b.(b) The departments of the City are defined as follows:
1)(1) Administrative Services Department
2)(2) City Attorney
3)(3) City Auditor
4)(4) City Clerk
5)(5) City Manager
6)(6) Community Development Department
7)(7) Community Services
8)(8) Economic Development
9)(9) Fire Department
10)(10) Human Resources Department
11)(11) Information Technology Department
12)(12) Municipal Utilities Department
13)(13) Police Department
14)(14) Public Works Department

5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.3 Precedence by Employment Status
No permanent regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such permanent regular status employee. The order of ATTACHMENT C 606

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layoff among employees not having permanent regular status shall be according to the following categories, as listed in ascending order:
a.(a) Extra Help
b.(b) Provisional
c.(c) Temporary
d.(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class, except as specified above. For the purpose of this procedure, part time classes shall be considered separate from, and shall be laid off prior to, regular full-time classes. The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a permanent regular status or probationary status shall count as service time.

If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees’ were subsequently hired.

5.4 Employee Options
Employees laid off shall have the following choices:
a.(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior permanent regular status, thus displacing the employee working in that classification who has the least (total service) seniority.

ATTACHMENT C 607

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(a)
SECTION 6. REEMPLOYMENT
When an employee in thewith classified service, whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily, is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list. Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur.
(a) (a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee was demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2two) years from the date of separation due to layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.

The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have theirhis/her name removed from the reemployment list, unless mutually agreed to by the Department and the employee.

If the changes listed above require Civil Service approval, the Association agrees to not object to these changes in the duration of reemployment lists consistent with this section.

ATTACHMENT C 608

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ATTACHMENT C 609

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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in Section 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.

If the employee fails to do “(b)” or “(c),” above, within the prescribed time frames, those rights will have been waived.

Lesser forms of disciplinary actions, such as written reprimands and transfers for purposes of punishment that do not involve loss of pay, may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FOBOR) Informal Discipline Appeal Procedure.”
ATTACHMENT C 610

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SECTION 8. GRIEVANCE PROCEDURES

For purposes of filing appeals and grievances, the City’s business days/hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding City-recognized holidays.

8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee who believes that he/she hasclaiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the Department within seven (7) working days from the day of presentation, or if the employee elects to submit his/herthe grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
(b) Step 2 - Director of Human Resources Review. Any employee or any official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem.

ATTACHMENT C 611

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(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.

8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in paragraph 8.1, above.

Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. The arbitrator selected pursuant to this section shall not have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.

ATTACHMENT C 612

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8.5 Other Provisions
If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his/hertheir judgment for the judgment of management and if the arbitrator finds that the City had such right, he/shethey may not order reinstatement and may not assess any penalty upon the City.

All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of UnderstandingOU shall be filed as grievances directly with the City Manager as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, and, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) days from the date upon which the complaint was filed.

The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter or Civil Service Rules and Regulations, may be within the sole province and discretion of the Civil Service Commission.

All grievances of employees in representation units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations requires that another option be available to the employee, no action under Section 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.

No action under Section 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.

If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

ATTACHMENT C 613

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SECTION 9. LEAVES

9.1 Vacation Leave
(a) Accrued Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:.
1)(1) 40- hour workweek employee:

Under 1.5 years 80 hours

1.5 – 7.5 years 108 hours

7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
2)(2) 56- hour workweek employee:

Under 1.5 years 120 hours

1.5 – 7.5 years 162 hours

7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each
year
3) Employees shall accrue vacation leave on a twice-monthly basiseachon a per pay period basis..
(b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours leave until they are below the caps listed here. No vacation hours leave may be added to sick leave balances without exception.
(1) The maximum number of vacation hours that employees shall accrue for employees on a 40 40-hour workweek shall accrue are as followsbe:

Under 1.5 years 120 hours
ATTACHMENT C 614

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1.5 – 7.5 years 240 hours

7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
4)(2) And for employees working on a 56 hour workweek the maximum number of vacation hours shall be:The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:

Under 1.5 years 300 hours

1.5 – 7.5 years 360 hours

7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) b. Longevity Vacation Allowance
1)(1) This Pprogram is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
2)(2) Annual longevity vacation allowance accrual credited on January 1, 2011 shall be reduced by fifty percent (50%).
(d) c. Scheduling
1) 48/96 Shift Schedule.
(1) The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with his/hertheir management responsibility to control and ATTACHMENT C 615

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direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of Accrued Vacation must be scheduled per year. The four (4) shift minimum is not required to be scheduled continuously and may be split into two (2) separate vacation periods of a minimum of two (2) consecutive shifts each.
b. Any Accrued Vacation that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
d. Vacation Cash outAllowance for Separated Employees.
(e) Employees separating from City service for any reason who have unused vacation time leave shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
e. Vacation Allowance Sellback
Effective for fiscal year 2020/2021 and fiscal year 2021/2022, employees may elect to sell back up to a maximum of forty (40) hours from their unused accumulated vacation balance and/or frozen longevity vacation allowance, if eligible. Employees who desire to sell back accrued leave hours must make an irrevocable election in December of the preceding fiscal year and identify the number of vacation leave and/or longevity vacation allowance hours they desire to sell back in January and/or July of the subsequent year, up to a total of forty (40) hours per fiscal year.

9.2 Sick Leave
(a) a. Accrual. All regular status employees on a forty (40) hour pera workweek schedule, except provisional, temporary, and part time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall ATTACHMENT C 616

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accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) b. Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.

An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates him/herthem from performing his/hertheir duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.
c. Family Sick Leave. Employees may utilize fifty percent (50%) of their annual
(c) accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave.

Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, legal dependent, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
d. Procedures for Requesting and Approving Sick Leave. The employee shall
(d) notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.

When the requirement for sick leave is known to the employee in advance of his/hertheir absence, the employee shall request in writing authorization for such sick leave from the Fire Chief prior to such absence.

Before an employee may be paid for the use of accrued sick leave, he/shethey shall complete and submit to the Fire Chief a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for his/herthe request to ATTACHMENT C 617

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be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief.
e. Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's
certificate or other reasonable proof of illness may be required by the Fire
(e) Chief.

The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to einsure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
f. Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave
(a) provided that the employee:
(f)
(1) 1) Was hospitalized during the period for which sick leave is claimed, or
(2) 2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) g. Accessibility and Reporting. All officers and members of the Department on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee.

Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.

All officers and members of the Department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.

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h. Return to Duty. Upon availability for return to duty, the employee shall l
(h) notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 6:00 p.m.1800 hours on the day prior to his/hertheir next scheduled duty period.

Sick leave may be granted for any period of time approved by the Fire Chief. (i) i. Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the CalPERS contract provisions applicable to their employment.
(j) j. CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012 shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
k. Sick Leave Retention Benefit.

1.(k) AIf, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after July 1, 2015.

9.3 Other Leaves with Pay
(a) a. Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon his/hertheir request, be granted up to three (3) days bereavement leave with pay and without charge to his/hertheir accumulated sick leave credits or vacation eligibilityleave. The City Manager may grant an additional two (2) days bereavement leave upon request, which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel is required to attend the funeral.

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For the purposes of this paragraphsection, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.

In the event of the death of a person not immediately related to an employee, as defined above, the employee's department head may grant up to three (3) days leave upon request, which shall be charged against the employee's accumulated sick leave credits.
(b) b. Court Appearance. Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving full pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) On-duty employees shall return to work immediately upon release from court.
(3) Absences from duty will be without pay when the employee appears in private litigation to which the City is not a party.
(4) Notwithstanding the foregoing, attendance in court or at a deposition in connection with an employee’s official duties for a case in which the City is a party, together with travel time and necessarily involved, shall not be considered in terms of actual hours spent performing those duties and paid as hours worked.
(c) c. Maternity Leave. Time off the jobfromof work for pregnancy, childbirth, and related medical conditions will be covered as required by State and Ffederal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on ATTACHMENT C 620

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the nature of the case and the time medically required to recuperate.

Generally, a six (6) week recovery period after delivery is medically indicated. (d) d. Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.

All regular status employees in the service of the City who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency. Except as hereafter stated, said employees shall be reinstated into City service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.

Two (2) or more regular employees granted military leave of absence without pay from the same position shall be re-employed according to their seniority of employment, provided they are physically fit, as above specified.

9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, his/hertheir duties, he/shethe employee shall become entitled, regardless of his/hertheir period of service with the City, to a leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as he/she isthey are retired on permanent disability pension.

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(b) b. Accessibility and Reporting. All officers and members of the Department on leave for injury (job-related or non job-relatednon-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.

All officers and members of the Department on leave for injury (job-related or non job-relatednon-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office. (c) c. Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 6:00 p.m. 1800 hours on the day prior to his/hertheir next scheduled duty period. (d) d. Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with Sstate workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness and who is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
Employees shall not be entitled to leaves of absences as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.

Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.

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The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence.

Authorized absences without pay that exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from his/hertheir position by reason of an injury or disease for which he/she isthey are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leaves of Absence without Pay
(a) a. Purpose and Length. Only employees occupying regular positions on a permanent regular status basis are eligible for leaves of absence without pay under the provisions of the section.

An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.

Leaves of absence without pay on account of illness or injury, which are not job related, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.

Such a leave will be granted only after all accrued sick leave credits havehas been used and shall be substantiated by a physician's statement. (b) b. Application For and Approval of Leaves of Absence Without Pay.

In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief orf the Fire Chief’s representative to evaluate the request. Leaves without pay may be canceled by the Fire Department at any time.

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9.7 Absence Without Official Leave (AWOL)
(a) a. Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the Department or City Manager or at the expiration of a leave shall be considered an absence without leave. (a) (b) b. Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Human Resource Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.

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SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
Except in cases of conflagration, flood, or similar emergency, the basic workweek of any member of this unit shall not be more than fifty-six (56) hours per week, averaged over a twelve (12) week period. All working shifts will commence at 0800 hours8:00 a.m., with the exception of the employees assigned to work in the Fire Department’s Administration Offices, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.

10.2 Shift Trades
Employees in this unit will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief.

Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.

10.3 Staffing
The City has management rights to determine staffing and the City will comply with applicable CalOSHA laws.

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SECTION 11. OVERTIME

11.1 Overtime Authorization
All compensable overtime must be authorized by the department head or his/hertheir designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.

11.2 Fair Labor Standards Act (FLSA) Agreement
(a) a. “”24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule. (b) b. “”Day shift employees” means Fire Management Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). (c) c. 24-hour Sshift Eemployees.
(1) 1. Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of onehundred and eighty-two (182) hours in a 24 day work period. (2) 2. Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive three point one six (3.16) hours per pay period for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of 182 and 192 hours in a 24 day work period.
(d) d. For Day Shift employees, overtime shall be paid at the rate of time and one half (1-½1/2) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) e. Hours worked shall include all actual time worked. Sick Lleave, Bereavement Leave, Industrial Illness or Injury Leave (4850) taken within the work period 4850 leave begins or ends, and Jury Duty Leave shall also count as actual time worked. Vacation Leave, or other time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time ATTACHMENT C 628

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worked for unit employees in Administrative assignments where holidays are observed only.

11.3 Compensatory Time
(a) a. Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to, or in excess of, their normal work schedule. (b) b. Use. Such compensatory time must be taken during the work period in which it is earned and will be credited in accordance with Section

11.1 above. The accrual of compensatory time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that he/she isthey are unable to take accrued compensatory time during the work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½-1/2) depending upon the number of hours worked by the employee during the work period consistent with Section

11.1 above.
(c) c. Department Policy. Compensatory time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.

11.4 Fair Labor Standards Act
The City and the Union shall cooperate with each other to promptly resolve any issue that may arise during the term of this Memorandum of Understanding regarding compliance with the Fair Labor Standards Act. Any dispute which involves the interpretation or application of the Fair Labor Standards Act may be referred to the City Manager by the complaining party or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides.
(a) a. Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification, to which they ATTACHMENT C 629

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are permanently appointed, will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.

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SECTION 12. HOLIDAYS
(a) a. Effective upon the first full pay period following ratification of this Memorandum of UnderstandingOU by the Fire Management Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section. The City observes the following holidays on the dates indicated:
(1) (1) New Years Day (January 1)
(2) (2) Martin Luther King’s Birthday (Third Monday in January) (3) (3) Lincoln’s Birthday (Second Monday in February)
(4) (4) Washington’s Birthday (Third Monday in February) (5) (5) Cesar Chavez Day (March 31-FLOATING)
(6) (6) Memorial Day (Last Monday in May)
(7) (7) Independence Day (July 4)
(8) (8) Labor Day (First Monday in September)
(9) (9) Columbus Day (Second Monday in October)
(10) (10) Veterans’ Day (November 11)
(11) (11) Thanksgiving (Fourth Thursday in
November)
(12) (12) The day following Thanksgiving (Fourth Friday in November) (13) (13) Christmas Day (December 25)
(14) (14) Birthday Holiday
(b) b. Effective July 1, 2021, 0.41% will be added to the suppression classifications on the salary schedule for the Birthday Holiday.
(c) c. Effective August 1, 2011, the differential for Administrative Positions in this unit in Ssection 13.12 will be increased by the 6.34%.
(d) d. Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.

For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.

There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). (e). For positions that observe holidays, in order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.

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(f). Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, afterbeginning on the day of the employee’s birthday.

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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) a. The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement ATTACHMENT C 634

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System (CalPERS) 3% at 50 local safety pension formula based on the single highest year.
(b) b. Additional CalPERS Benefits.
(1) 1) The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to 2,080 hours (Government Codes section Section 20965), Survivor Benefit Level 4 (Government Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code section Section 21635), Continuation of Death Benefits After Remarriage (Government Code section Section 21551), and Military Service Credit as Public Service and for Retired Person at the employees’ expense (Government Code sections Sections 21024 and 21027).
(2) 2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this MOUMemorandum of Understanding.
(c) c. Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9.0%) of the employee’s current base salary and other qualifying compensation as determined by state law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code Ssection 20691.
(d) d. EPMC Payrate Conversion. The City will cease paying the nice percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays his/hertheir nine percent (9%) employee contribution on a pre-tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9.0%) for the last twelve (12) months of employment in accordance with Government Code section section 20692. Instead of applying these section 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve month period prior to the effective date of retirement. Employees who wish to select this option, shall indicate this on the City’s EPMC Authorization form provided by Human Resources.
(e) e. CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nnine Ppercent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012, agree to continue sharing the cost of the ATTACHMENT C 635

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CalPERS 3% @ at 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than the nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll dreduction. If during the term of this agreement legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employees share of retirement contribution thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible consistent with CalPERS regulations to convert the employee’s contribution to the employer’ss’ share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.

13.2 Public Employee Retirement System Benefits for Unit Employees Hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013 who qualify as “classic members with the CalPERS 3% at @ 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pretax basis toward the employee contribution for the pension benefits and are not subject to the Government Code section Section 20516 Cost Sharing provision in Section 13.1(e) above.

13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit eEmployees hired on or after January 1, 2013 without reciprocity (i.e., “new” members) the CalPERS 2.7% at@ 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.

Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal cost” as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code section Section 20516 Cost Sharing provision in Section 13.1 (e) above.

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13.4 Uniform Allowance
Effective after adoption of this Memorandum of UnderstandingOU adoption, employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.5 Education Incentive Pay
(a) a. Employees who satisfy the education and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of the employee’s rank.
(b) b. Employees who satisfy the education and service requirements for an advanced education certification shall receive five percent (5%) of the top step of the employee’s rank.

13.6 Emergency Medical Technician Certification
Employees in this unit shall be responsible for maintaining EMT certification.

It is the policy of the Stockton Ffire Department that all sworn employees assigned to line fire suppression activities and working in the rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (“EMT”) certification or face disciplinary procedures detailed below.

Each member shall secure EMT certification within one year of commencement of employment and maintain that certification throughout his/her their career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.

All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member fails to re-certify after one attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re-certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt orf the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR ATTACHMENT C 637

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training and certification by the Division of Training prior to assignment to line fire suppression activities.

Members whose certification lapses shall have eighteen (18) months to complete an EMT re-certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one pay grade until EMT re-certification is achieved.

A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination.

Any disputes that result from this agreement shall be handled in accordance with the grievance procedures.

13.7 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle, employees in this unit will be reimbursed for actual mileage at the current rate established for other employeesby the City.

13.8 Longevity Pay
(a) a. Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one-quarter percent (1.25%) of top step pay for their classification. (b) b. Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty-two (22) years of continuous employment with the City shall receive an additional one point six three percent (1.63%) of top step pay for their classification.

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13.10 Specialty Assignment Pay
Battalion Chiefs assigned to a forty (40)-hour workweek will receive additional compensation of thirteen point three three percent (13.33%) above their regular rates of pay. The duration of any such assignment shall be at the sole discretion of the Fire Chief. Note: The FLSA rate was three point three three percent (3.33%) so this rate is not increasing.

13.11 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

13.12 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after he/ she hasthey have worked a scheduled shift and haves departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½-1/2) of theirhis/her regular rate of pay for time worked, whichever is greater.

The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis, which shall include the employee’s travel time.

13.13 Paramedic Certificate Pay
(a) a. The City shall compensate Battalion Chiefs who are San Joaquin County licensed and accredited Paramedics three percent (3%) of top salary step of rank.
(b) b. Continuing Education for Paramedics. Upon prior approval of the Fire Chief, the City will compensate members of the Fire Management unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in a two (2) year certification period.
(c) c. Administrative Captains that maintain a paramedic license, and are assigned by the Chief to work on the line as a paramedic shall receive paramedic incentive pay.

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(d) d. Administrative Firefighters and Administrative Engineers that maintain a paramedic license and are able to work on the line as a paramedic shall receive paramedic incentive pay. The Stockton Fire Department.

13.14 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
a.(a) Participation in the Wellness-Fitness Program is mandatory for the programs testing, evaluations, and daily physical training requirements. b.(b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
c.(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. d.(d) Labor and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.

13.15 13.15. CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this MOU Memorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingOU is outside the City’s control.

13.16 13.16. Lapse of Certification
An employee receiving an add pay under section Section 13 of this Memorandum of UnderstandingOU, whose certification lapses, will not be eligible for the add pay and will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.

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SECTION 14. INSURANCE PLANS

14.0. Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.

14.1. Health Insurance and Related Benefits
a.(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus oOne (1) and Employee plus two (2) or more dependents coverage health plans. The City shall offer two (2) or more medical plans to regular status employees.
b.(b) Eligibility. Employees shall become eligible for mMedical, dDental, and vVision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or hertheir dependent cannot be covered by more than one (1) City-offered health plan).
c.(c) City Contribution Towards the Cost of Insurance Programs. (1) 1) Effective the first full pay period following adoption by the City Council, the City shall contribute the following:
a. Up to $697657.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,2651,192.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.

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c. Up to $1,6851,588.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage
(2) 2) Effective July 1, 20232020, City shall contribute the following:
a. Up to $711670.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,2901,216.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $1,7191,620.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) 3) Effective July 1, 20242021, City shall contribute the following:
a. Up to $725683.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,3161,240.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $1,7531,652.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

These contributions are based on full-time employment; regular status parttime employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, /vision, and /dental to be pre-tax premium conversion.
d.(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, /vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document.

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MEMORANDUM OF UNDERSTANDING

14.2. Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.

14.3. Life Insurance
Effective July 1, 2012, tThe City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.

14.4. Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Management Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Management Unit members to be contributed to the Trust.

The Trust shall be and remain separate and apart from any Employer health insurance funding program.

To the extent authorized by law, all contributions shall be made on a pre-tax basis.

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provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.

The City shall not charge the Union or Fire Management Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Management Unit members in the Trust.

The Union agrees, to the fullest extent permitted by applicable law, to indemnity and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.

Participation in the Trust shall be the complete and sole responsibility of the Union.

The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect oto the Trust. The City has no fiduciary duty with respect to the Trust.

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14.5 Survivors’ Medical Benefit
The City in accordance with State law and its provisions shall provide medical, dental, prescription, and vision benefits to the surviving spouse and children of Battalion Chiefs killed in the line of duty. These benefits shall discontinue upon marriage of the Battalion Chief’s surviving spouse. The medical coverage shall be secondary at age sixty-five (65).

14.65. Nothing in this section shall be construed to create vested rights to benefits for employees or retirees after the expiration of this MOUMemorandum of Understanding.

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MEMORANDUM OF UNDERSTANDING
SECTION 15. .

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SECTION 15. SALARY PLAN

15.1. Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full time employment for each classification, unlessclassification unless the schedule specifically indicates otherwise.

15.2. Salary Upon Appointment
Employees henceforth promoted to the classification of Battalion Chief will receive a five percent (5%) salary increase above current base pay salary on the salary schedule six (6) months after their advancement to the Battalion Chief classification, and may be moved in five percent (5%) increments by the Fire Chief annually until the top of the range is reached. Increases in excess of five percent (5%) may be granted upon recommendation of the Fire Chief and approval of the City Manager.

Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.

Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.

Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.

15.3. Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for calculating payments for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

15.4. Salary Step After Military Leave
Upon returning to City service, all employees who have been granted military leave shall be entitled to the automatic salary advancements within the range/scale of the ATTACHMENT C 647

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established salary range for their classifications for the period they were in the military service.

15.5. Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.6. Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and, at the time of promotion, is receiving a salary equal to or greater than the minimum rate for the higher rank, that employee shall be promoted to a step in the salary range of the higher rank which is at least five percent (5.0%) above the current base pay salary, on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary afteron promotion rules shall apply.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

15.7. Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, his/her their salary shall not be higher than his/hertheir salary at the time of his/her their separation, unless there has been an increase within the salary range.

15.8. Salary Adjustments
The Salary Schedule on the City of Stockton HR website shall provide salary rates for classifications in this unit.
(a) Effective upon the first full pay period following approval by the City Council on its regular agenda, in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, all bargaining unit classifications will receive a sixten percent (106%) increase to base pay (comprised of a two percent (2%) COLA and an ATTACHMENT C 648

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foureight percent (84%) Market Adjustment).Effective the first full pay period following adoption by the City Council, employees will receive a four percent (4%) cost of living adjustment (COLA). Effective July 1, 2021, employees will receive a two percent (2%) COLA.
(b) Effective July 1, 2023, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a onethree percent (13%) Market Adjustment).Effective the first full pay period following adoption by the City Council, employees will receive a one percent (1%) market salary adjustment..
(b)(c) Effective July 1, 2024, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a one three percent (13%) Market Adjustment).

15.9. Bi-Weekly Pay Period
The City and the Association agree to move to a bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.10. Lump Sum Payment
Each employee who is employed in the bargaining unit or the Fire Unit as of July 1,January 1, 2024 2019 and remains employed as of the first full pay period following adoption of this Agreement will receive a five thousand ($5,000) lump sum nonpensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month. of $1650.

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ATTACHMENT C 650

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SECTION 16. SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 17. SECTION 17. PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Union.

SECTION 19. DURATION OF AGREEMENT
Upon its adoption by the Stockton City Council, this Memorandum of Understanding shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including the 30th day of June 20252.

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SECTION 20. MAINTENANCE OF OPERATIONS
(a) a. It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this Memorandum of Understanding, through and inclusive of June 30, 202516, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing) against the City, the individual or concerted failure to report for duty, or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) b. An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has been engaging in any activity prohibited by subsection (“a)” of this section. In addition, the City may take other action that it deems appropriate. (c) c. If the City Council, by majority vote, determines to its satisfaction that subsection “(a)” of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) d. The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event any activity prohibited by subsection “(a)” occurs, the Union agrees to take any and all steps necessary to assure compliance with this Memorandum of Understanding.

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MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on ________,day of ________, 2022 2020, and by an affirmative vote of the Stockton City Council on ____________, 2022 2020. The parties hereto have executed this Memorandum of Understanding this _______day of ________, 2022 2020.

STOCKTON FIRE FIGHTERS’
LOCAL UNION 456
Fire Services Management Unit City of Stockton
___________________________________ _________________________________

MARIO GARDEAKEN JOHNSON HARRY BLACK
PresidentPresident City Manager
_________________________________
MATT KNIERIM ALLISON U. DICHOSO
Fire Management Representative Director of Human Resources _________________________________
ROBERT BONNERALLISON U.

DICHOSO
Director of Human Resources
Approved as to form: Approved as to form:

RAINS LUCIA STERN, PC LORI M. ASUNCION[NAME]John
Luebberke, Acting City Attorney
By: By:

By:
________________________________ _________________________________ TIMOTHY K. TALBOT MARCI A. ARREDONDO
Attorney for the Association Deputy City Attorney

By:
_________________________________

DANIA TORRES WONGBURKE
DUNPHY
Negotiator for the City
ATTEST:

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MEMORANDUM OF UNDERSTANDING

ELIZA GARZA

CITY CLERK
_________________________________

ELIZA GARZA
City Clerk

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APPENDIX A

MARKET ADJUSTMENTS
Year 1- eff. the first full pay period following adoption of this agreement by the City Council; Year 3-eff. 7/1/21 Steps
1 2 3 4 5 6
Fire Battalion Chief 8,577.57 9,018.30 9,480.59 9,968.04 10,479.44 11,018.38 COLA year 1 (4%) 343.10 360.73 379.22 398.72 419.18 440.74 MA year 1 (1%) 85.78 90.18 94.81 99.68 104.79 110.18
Year 1 - With COLA and Market
Adjustment 9,006.45 9,469.22 9,954.62 10,466.44 11,003.41 11,569.30 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 9,006.45 9,469.22 9,954.62 10,466.44 11,003.41 11,569.30 COLA year 3 (2%) 180.13 189.38 199.09 209.33 220.07 231.39 Birthday Holiday year 3 (0.41%) 36.93 38.82 40.81 42.91 45.11 47.43 MA year 3 (0%) - - - - - -
Year 3 - With COLA and Birthday
Holiday 9,223.50 9,697.42 10,194.53 10,718.68 11,268.59 11,848.12

Fire Battalion Chief - Admin 8,116.46 8,533.57 8,971.07 9,432.38 9,916.36 10,426.39 COLA year 1 (4%) 324.66 341.34 358.84 377.30 396.65 417.06 MA year 1 (1%) 81.16 85.34 89.71 94.32 99.16 104.26
Year 1 - With COLA and Market
Adjustment 8,522.28 8,960.25 9,419.62 9,904.00 10,412.18 10,947.71 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 8,522.28 8,960.25 9,419.62 9,904.00 10,412.18 10,947.71 COLA year 3 (2%) 170.45 179.20 188.39 198.08 208.24 218.95 MA year 3 (0%) - - - - - -
Year 3 - With COLA 8,692.73 9,139.45 9,608.02 10,102.08 10,620.42 11,166.66

Fire Battalion Chief (22 years) 8,717.38 9,165.31 9,635.12 10,130.52 10,650.25 11,197.98 COLA year 1 (4%) 348.70 366.61 385.40 405.22 426.01 447.92 MA year 1 (1%) 87.17 91.65 96.35 101.31 106.50 111.98
Year 1 - With COLA and Market
Adjustment 9,153.25 9,623.58 10,116.88 10,637.05 11,182.76 11,757.88 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 9,153.25 9,623.58 10,116.88 10,637.05 11,182.76 11,757.88 ATTACHMENT C 655

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COLA year 3 (2%) 183.06 192.47 202.34 212.74 223.66 235.16 Birthday Holiday year 3 (0.41%) 37.53 39.46 41.48 43.61 45.85 48.21 MA year 3 (0%) - - - - - -
Year 3 - With COLA and Birthday
Holiday 9,373.84 9,855.50 10,360.69 10,893.40 11,452.27 12,041.24

Fire Battalion Chief (22 years) -
Admin 8,248.76 8,672.67 9,117.30 9,586.13 10,078.00 10,596.35 COLA year 1 (4%) 329.95 346.91 364.69 383.45 403.12 423.85 MA year 1 (1%) 82.49 86.73 91.17 95.86 100.78 105.96
Year 1 - With COLA and Market
Adjustment 8,661.20 9,106.30 9,573.17 10,065.44 10,581.90 11,126.17 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 8,661.20 9,106.30 9,573.17 10,065.44 10,581.90 11,126.17 COLA year 3 (2%) 173.22 182.13 191.46 201.31 211.64 222.52 MA year 3 (0%) - - - - - -
Year 3 - With COLA 8,834.42 9,288.43 9,764.63 10,266.75 10,793.54 11,348.69 APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1- Effective the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Fire Battalion Chief 9,223.50 9,697.42 10,194.53 10,718.68 11,268.59 11,848.12 COLA and MA year 1 (10%) 922.35 969.74 1,019.45 1,071.87 1,126.86 1,184.81 Year 1 - Monthly Salary 10,145.85 10,667.17 11,213.98 11,790.55 12,395.45 13,032.93 COLA and MA year 2 (3%) 304.38 320.01 336.42 353.72 371.86 390.99 Year 2 - Monthly Salary 10,450.23 10,987.18 11,550.40 12,144.27 12,767.32 13,423.92 COLA and MA year 3 (3%) 313.51 329.62 346.51 364.33 383.02 402.72 Year 3 - Monthly Salary 10,763.74 11,316.80 11,896.91 12,508.60 13,150.34 13,826.64

Fire Battalion Chief - Admin 8,692.73 9,139.45 9,608.02 10,102.08 10,620.42 11,166.66 COLA and MA year 1 (10%) 869.27 913.95 960.80 1,010.21 1,062.04 1,116.67 Year 1 - Monthly Salary 9,562.00 10,053.40 10,568.82 11,112.29 11,682.46 12,283.33 COLA and MA year 2 (3%) 286.86 301.60 317.06 333.37 350.47 368.50 Year 2 - Monthly Salary 9,848.86 10,355.00 10,885.88 11,445.66 12,032.94 12,651.83 COLA and MA year 3 (3%) 295.47 310.65 326.58 343.37 360.99 379.55 Year 3 - Monthly Salary 10,144.33 10,665.65 11,212.46 11,789.03 12,393.93 13,031.38 ATTACHMENT C 656

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Fire Battalion Chief (22 years) 9,373.84 9,855.50 10,360.69 10,893.40 11,452.27 12,041.24 COLA and MA year 1 (10%) 937.38 985.55 1,036.07 1,089.34 1,145.23 1,204.12 Year 1 - Monthly Salary 10,311.23 10,841.05 11,396.76 11,982.74 12,597.49 13,245.37 COLA and MA year 2 (3%) 309.34 325.23 341.90 359.48 377.92 397.36 Year 2 - Monthly Salary 10,620.56 11,166.29 11,738.66 12,342.22 12,975.42 13,642.73 COLA and MA year 3 (3%) 318.62 334.99 352.16 370.27 389.26 409.28 Year 3 - Monthly Salary 10,939.18 11,501.27 12,090.82 12,712.49 13,364.68 14,052.01

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE MEMORANDA OF UNDERSTANDING BETWEEN

THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT UNIT AND THE INCORPORATION OF ADDITIONAL EXPENDITURES IN THE FISCAL YEAR 2022- 2023 BUDGET TO FUND SALARY AND BENEFITS ADJUSTMENT
The Director of Human Resources, in her capacity as the Employee Relations Officer, along with the negotiating team, met and conferred with officials of the Stockton Police Management Association (SPMA), Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit and reached a tentative agreement for a successor Memorandum of Understanding and reduced the agreement to writing. The SPMA employee unit ratified the agreement on June 24, 2022 by a majority vote of their members. Subsequently, the Fire Unit and Fire Management Unit ratified the agreement on June 27, 2022 by a majority vote of their members; and The City of Stockton and the Stockton Police Management Association, Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit have in good faith completed their meet and confer obligation regarding their successor Memorandums of Understandings; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The Memorandum of Understanding between the City of Stockton and the Stockton Police Management Association, Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit is attached hereto as Exhibits 1, 2, and 3 and made part hereof by this reference, is hereby approved, and adopted.

2. The City Manager is hereby authorized and directed to execute the Memorandums of Understandings to be effective July 1, 2022.

3. The City Manager is hereby authorized and directed to increase expenditure appropriation in the annual budget for Fiscal Year 2022-23, as necessary to carry out the intent of the agreements as shown in Exhibit 4.
658

4. The City Manager and the Employee Relations Officer are authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED July 12, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
659

CITY OF STOCKTON

POLICE MANAGEMENT UNIT

MEMORANDUM OF UNDERSTANDING

PREAMBLE
The Stockton Police Management Association and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees employed in the representation unit identified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 2022, through June 30, 2025. This agreement shall supersede all other existing agreements on these matters set forth herein.

EXHIBIT 1 660

TABLE OF CONTENTS
Section 1. Recognition ................................................................................................. 3 Section 2. Union Rights................................................................................................ 4 Section 3. Non-Discrimination ...................................................................................... 7 Section 4. Probation..................................................................................................... 8 Section 5. Layoff........................................................................................................... 9 Section 6. Reemployment .......................................................................................... 12 Section 7. Discipline................................................................................................... 13 Section 8. Grievance Procedures............................................................................... 14 Section 9. Leaves....................................................................................................... 18 Section 10. Days and Hours of Work ........................................................................... 27 Section 11. Overtime.................................................................................................... 28 Section 12. Holidays..................................................................................................... 29 Section 13. Compensation and Allowances other than Base Salary............................ 31 Section 14. Insurance Plans......................................................................................... 36 Section 15. Salary Plan................................................................................................ 39 Section 16. Separability of Provisions .......................................................................... 42 Section 17. Practices and existing Memoranda of Understanding ............................... 42 Section 18. Scope of Agreement.................................................................................. 42 Section 19. Duration of Agreement .............................................................................. 42 Section 20. Maintenance of Operations ....................................................................... 43 Section 21. Bankruptcy ................................................................................................ 44 APPENDIX A. COLA and Market Adjustments .............................................................45 EXHIBIT 1 661
Section 1. Recognition

1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereinafter referred to as the "City" in employer-employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 Association Recognition
The Stockton Police Management Association, hereinafter referred to as the "Association" is the recognized employee organization for the Police Service Management Unit, certified pursuant to Resolution No. 38,738, adopted by the City Council on November 23, 1981.

1.3 Reopener
The Association agrees to meet at the City’s request for the purpose of meeting and conferring on any changes that would be a mandatory subject of bargaining that may result from any City proposal on organizational, operational, or staffing changes that are a result of efficiency measures during the term of this agreement.

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SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, canceling, or changing payroll deductions for Union membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments, and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notification will be provided to [email protected]. (8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period EXHIBIT 1 663
in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 Use of City Facilities
The Association shall be allowed by the City department in which it represents employees' use of space on available bulletin boards for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with the needs of the department.

Any representative of the Association shall give notice to the department head or their designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Police Chief and, when made, shall continue until revoked by the Chief.

City buildings and other facilities may be made available for use by City employees or the Association or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.

Members of the Association are prohibited from using City equipment and/or time for their own personal use.

2.3 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if affected by any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate, if requested, with the designated management representatives prior to the adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures EXHIBIT 1 664
as are required. At the earliest practicable date thereafter, the Association shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representative designated by the City Manager.

2.4 Attendance at Meetings by Employees
Release Time Related to Meet and Confer. City employees who are official representatives of the Association shall be given reasonable time off with pay, in accordance with MMBA, to attend meetings with City Management representatives where matters within the scope of representation or grievances related to this unit are being considered.

The use of release time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives shall request an excused absence, prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for release time shall not exceed three (3) per recognized bargaining unit.

2.5 New Hire Employee Orientation and Information Requirements (a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system:
(1) Name;
(2) Job title;
(3) Department;
(4) Work location;
(5) Personal cellular telephone numbers, including work and home; (6) Personal email addresses as provided by new hire employee; and (7) Home address.

The above information shall be updated and provided to the Union at least every 120 days for all bargaining unit members.

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SECTION 3. NON-DISCRIMINATION
The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over 40), race, color, religion (creed), national origin (ancestry), military or veterans status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Association activity, or any other protected trait as determined by federal, state and/or local law.

The Association shall cooperate with the City to achieve the objectives of Equal Employment Opportunity as defined by Federal and State regulations.

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SECTION 4. PROBATION

4.1 Promotional Appointments
Promotional appointments in this Unit, except Deputy Chief of Police, shall be subject to a probationary period of twelve (12) months. The probationary period for police promotional positions shall not be extended.

4.2 Probationer Advanced to Higher Rank
Any promotional probationary Police Management employee who is advanced to a higher classification, or is appointed to the rank of Chief of Police or Deputy Chief of Police, shall receive credit toward their promotional probationary period for the lower rank while serving in the higher probationary or appointive rank.

4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Director of Human Resources a statement in writing to such effective and stating that the retention of such employee in the service is desired.

During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which they were promoted unless charges are filed and they are discharged in the manner provided in the City Charter XXXII, section 9, Civil Service Ordinance and Civil Service Rules.

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SECTION 5. LAYOFF

5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.

5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works

5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.4 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories:

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(a) Extra help
(b) Provisional
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to continuous service in class, plus all higher classes, except as specified above. For the purpose of this procedure, part-time classes shall be considered as separate from regular full-time classes.

The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service in the event the leave was taken subsequent to entry in the department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service.
(c) Time worked in a regular or probationary status shall count as service.

5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least seniority in that classification. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee who has the least seniority in that classification. Employees who exercise this option shall be placed on an eligibility list for reinstatement to the higher classification for a period of five (5) years. Ranking on the reinstatement list shall be by the employee's seniority in the higher classification. All employees on the list, who are still employed by the City of Stockton, shall be reinstated to the higher classification before any new promotions can be made to that classification.

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If the change as listed above requires Civil Service approval, the Association and the City agrees to not object to this change in the duration of the reemployment list.

If the employee is in a probationary status in the higher classification, the probationary status shall resume upon reinstatement with full credit for previous time served in that classification.

5.6 Health and Welfare Benefits During Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months (the thirty-six (36) months runs concurrently with any COBRA benefits) from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.

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SECTION 6. REEMPLOYMENT

6.1 Reemployment
When an employee in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily and whose position is abolished, is laid off due to lack of funds or on an authorized leave of absence and is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list as follows:
(a) Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for in subsection (a), above, and remain on the list either until the employee is appointed to the position or the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.

The reemployment list for any class shall be established by a Civil Service resolution as needed.

In filling vacancies, eligibles on the reemployment lists take precedence over eligibles on any other list for the same rank in the department for which the lists apply.

An employee who waives reemployment to a fulltime position three (3) times shall have their name removed from this reemployment list unless mutually agreed to by the Department and employee.

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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions and the Rules and Regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted, or discharged to appeal such action.

The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) working days of written notification of the action. (Such filing will foreclose use of the grievance procedure).
(c) File a grievance as provided for in Section 8.5 within ten (10) working days of written notification of the action.

If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.

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SECTION 8. GRIEVANCE PROCEDURES

8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendar days from the time the employee knew or had reason to know of the facts giving rise to the grievance.

8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within ten (10) working days from the day of presentation or if the employee elects to submit the grievance directly to the Association recognized as the representative of that employee's classification, the procedures hereinafter specified may be invoked. (b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step 1, then the employee may appeal the grievance to the Director of Human Resources within ten (10) working days of the receipt of written response at Step 1. Such appeal must state with particularity; 1) the specific policy, rule, or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Association may file and process grievance(s) on behalf of the specifically named employee.

The Director of Human Resources shall have twenty (20) working days in which to investigate the issues and respond to the appeal. No grievance, EXHIBIT 1 673
except for the resolution of compensation complaints, may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph unless the Director of Human Resources fails to respond within the time limit. (c) Step 3 - City Manager Review. Within ten (10) calendar days of the receipt of the Step 2 response, the grievance may be appealed to the City Manager or their designee. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the complaint, to meet with the complainant, and if the complainant is not the Association, to meet also with the officials of the Association, and to settle the grievance or to make recommendations to the City Manager. A written response to the appeal will be provided within thirty (30) calendar days of the date of appeal.
(d) Step 4 - Arbitration. If the grievant or the Association is dissatisfied with the response at Step 3, or if the City Manager fails to respond within the time limit, the matter may, within ten (10) working days, be referred to an arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service. The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.

8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.

Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor EXHIBIT 1 674
any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this section shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association.

8.5 Other Provisions
If the Director of Human Resources, in pursuance of the procedures outlined above, or the City Manager, in pursuance of the provisions outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of Management and if they find that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints, which allege the employee is not being compensated in accordance with the provisions of this Memorandum of Understanding, shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

The provisions of this Section shall not abridge any right to which an employee may be administered in a manner that would abrogate any power which, under the City Charter, may be within the sole province and discretion of the Civil Service Commission.

All grievances of employees represented by the Association shall be processed under this section. If the City Charter requires that differing options be available to the employee, no action under paragraph (d) of subsection 8.3 above shall be taken unless it is determined that the employee is not availing themselves of such EXHIBIT 1 675
option.

No action under paragraph (d) of subsection 8.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.

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SECTION 9. LEAVES

9.1 Vacation
(a) Vacation Allowance. All employees in this unit shall accrue vacation leave with pay in accordance with the following schedule (employees shall accrue vacation leave on a twice monthly basis):

Less than 1½ years continuous employment ...................... 120 hours/year After 1½ years up to 7 1/2 years......... ……………………… 148 hours/year After 7½ years up to 15 years............................................. 188 hours/year After 15 years up to 25 years.............................................. 229 hours/year Seven (7) additional hours hence for each completed year of service in excess of twenty-five (25) years.
(b) Vacation Carryover Allowance. Effective July 1, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.

For employees who on July 1, 2012 have vacation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation to get under the maximum allowed. If an employee does not reduce their balance below the maximum by June 30, 2013, they shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.

The maximum number of vacation hours that employees on a 40 hour workweek shall accrue is as follows:

Under 1.5 years 200 hours

1.5 – 7.5 years 320 hours

7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
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Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. (c) Vacation Allowance for Separated Employees. An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation.

9.2 Sick Leave
(a) Accrual. All regular status employees, except provisional, temporary, and part-time employees, each shall accrue sick leave at the rate of eight (8) hours for full month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee. (b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of sick leave hours accrued.

An employee may use sick leave for preventive medical, dental, optical care, illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave.

For the purpose of this section, immediate family is defined as the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, legal dependent, grandparent, and grandchild.

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(d) Procedures for Requesting and Approving Sick Leave. When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request authorization for such sick leave from the department head prior to such absence. In all other instances, the employee shall notify their supervisor as promptly as possible of their absence.

Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to their department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for their request to be evaluated.

If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head.
(e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than three (3) consecutive days, then a doctor's certificate or other reasonable proof of illness will be required by the department head.

The Police Chief may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification. (f) Use of Sick Leave while on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) was hospitalized during the period for which sick leave is claimed, or (2) received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the PERS contract provisions applicable to their employment.

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(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit. After subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date; (2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012 shall be paid at fifty percent (50%) of its cash value to separating employees after this date. (4) Service credit for unused sick leave shall be in accordance with PERS regulations.

9.3 Other Leaves With Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to the employee’s accumulated sick leave credits or vacation eligibility. The City Manager may grant an additional three (3) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel time is required to attend the funeral. For the purposes of this section, immediate family is defined as the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.

In the event of the death of a person not immediately related to an employee EXHIBIT 1 680
as defined above, the employee's department head may grant up to three (3) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave credits.
(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional, part-time, or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:

Said absence from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt all fees received except those specifically allowed for mileage and expenses. Jury duty or witness duty appearances shall be considered in terms of actual hours spent from arrival time until the time released from Court. If an employee is not due to appear for jury duty or as a witness until afternoon court session, they will be expected to work their usual morning schedule. If an employee is required to appear for morning court session and is released before noon and not required to return to court in the afternoon, they shall work the remainder of their usual afternoon schedule.

Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.

Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City Treasurer through the employee's department.

Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is not a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of this Section.
(c) Court Appearance Pay while in Off Duty Status. When an employee is required by proper authority to appear in court during off-duty hours, said employee shall receive compensation of three (3) hours at time and onehalf (1-1/2) or actual time worked at the appropriate rate, whichever is greater.

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(d) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.

All regular status employees in the service of the City shall be allowed leave of absence without pay for the duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California.

Said employees shall be reinstated in the service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.

In the case of a probationary employee having served their minimum probationary period of twelve (12) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.

All probationary employees inducted into the Military Service not having served the minimum probationary period of twelve (12) months, or having served the minimum probationary period of twelve (12) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular employee.

Two or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified. (e) Management Time Leave. The City shall provide forty (40) hours of paidmanagement time leave each fiscal year. The management leave of forty (40) hours may not carry over from fiscal year to fiscal year, be used for sellback purposes, or paid for any unused management leave upon separation of City employment.

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9.4 Workers' Compensation Leave
Whenever any member of this unit is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the City, to a leave of absence while so disabled without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year, or until such earlier date as they are retired on permanent disability pension.

If injury is claimed to be job related, or a recurrence of a previous job-related sickness or injury, it must be verified with a written physician's statement, otherwise disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received.
(a) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City, unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. The City shall furnish the association the appropriate form for distribution. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.

The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

All approval authority over leaves of absence exercised by the department head under this Section shall be subject to review by the City Manager, whose ruling shall be final. Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.

EXHIBIT 1 683
The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except those employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.

Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leave of Absence Without Pay
(a) Purpose and Length. Only employees occupying regular status positions on a permanent basis are eligible for leaves of absence without pay, under the provisions of this Section.

An appointing authority may grant leave of absence without pay for personal reasons, up to a maximum of twelve (12) months, with approval of the Director of Human Resources.

Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.

Such a leave will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician's statement. (b) Application for and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the department head and the City Manager, describing the reasons for the request and all other information required for the department head, or their representative, to evaluate the request. Leaves without pay may be canceled by the department at any time.

EXHIBIT 1 684

9.7 Absence Without Official Leave (AWOL)
(a) Refusal of Leave or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the department or City Manager, or at the expiration of a leave, shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton except if the absence is due to a verified illness or injury.

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SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
The normal workweek for Police Unit employees is defined as either the traditional workweek consisting of 8 hours per day, 5 days per week; the alternate 9/80 work schedule consisting of 9-hour work days Monday through Thursday, an 8-hour workday on Friday with every other Friday off; or the 4/10 schedule consisting of 10 hour work days. Where operational requirements of a department require deviations from the present schedule, the Police Chief and/or City Manager may institute alternate work schedules, consistent with provisions of the State Law.

SPMA will meet and confer with the City on any proposed changes in work schedule.

10.2 Meal Periods
Phase shift employees normally receive a one-half (½) hour meal with pay each day.

Other Police Service Management Unit employees will normally receive a one (1) hour meal period without pay.

10.3 Work Furloughs
The existing furlough hours will be placed in a furlough bank. The furlough bank may be carried over from one fiscal year to the next. There shall be no cash value provided for any furlough hours.

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SECTION 11. OVERTIME

11.1 Eligibility
Police Management employees shall not be eligible for overtime for extra hours worked to perform duties of their assigned positions with the following exceptions:
(a) When assigned to cover the shift of another employee in a comparable position.
(b) When assigned to work due to an emergency situation as required by their department.
(c) When assigned to work on special projects, events, and/or critical incidents as required by the department.
(d) For any hours worked as a result of exceptions (a) through (c), extra hours shall only be compensated at overtime rates if that employee works more than forty (40) hours within the same workweek. It is understood that, notwithstanding the additional compensation provided under this section, all employees in the bargaining unit are FLSA exempt.
(e) For the purposes of subsection (d), furlough hours taken, holiday hours taken, observed holidays when the City is closed, bereavement leave, jury duty leave, and sick leave, shall be considered as time worked. Vacation leave, or other time taken as compensated time off not specifically identified above shall not be considered as time worked.

11.2 Authorization
The Chief of Police must personally approve any overtime pay for Police Management Unit employees.

EXHIBIT 1 687
SECTION 12. HOLIDAYS

12.1 Holidays Observed by the City
(a) Effective upon the first full pay period following ratification for this Memorandum of Understanding by Stockton Police Management Association and approval by the City Council on its regular Agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this Section. The City observes the following holidays on the dates indicated:
(1) New Year’s Day .............................................................. (January 1) (2) Martin Luther King’s Birthday ...................(Third Monday in January) (3) Lincoln's Birthday .............................. (Second Monday in February) (4) Washington's Birthday............................(Third Monday in February) (5) Cesar Chavez’ Day..(March 31 - Floating for Non-Patrol Lieutenants) (6) Memorial Day..................................................(Last Monday in May) (7) Independence Day.................................................................(July 4) (8) Labor Day ............................................(First Monday in September) (9) Columbus Day......................................(Second Monday in October) (10) Veteran's Day............................................................ (November 11) (11) (Thanksgiving.................................. (Fourth Thursday in November) (12) Day following Thanksgiving.................. (Fourth Friday in November) (13) Christmas Day........................................................... (December 25) (14) Birthday Holiday
(b) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, beginning on the day of the employee’s birthday.
(c) For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31).
(d) For employees on a Monday through Friday workweek or a 9/80 work schedule, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the proceeding Friday shall be EXHIBIT 1 688
observed.

For employees in the Police Department on a ten (10) hour shift schedule, holidays that fall on Saturday or Sunday shall be observed on Saturday or Sunday respectively.

In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.

12.2 Holiday Compensation
(a) Captains. Captains shall receive a five percent (5%) holiday in lieu add pay.

This additional compensation is for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays.

When the Police Department Administrative offices are closed on a regularly scheduled work day, Captains shall use the appropriate number of hours from their personal leave time to take the day off. However, at the sole discretion of the Chief or designee, Captains may be scheduled to work on a day when the Police Department Administrative offices are closed. In the event a Captain is scheduled to work on a day when the Police Department Administrative offices are closed, they will not be required to use vacation leave and will be paid for actual hours worked at straight time. (b) Non-Patrol Lieutenants. Non-Patrol Lieutenants who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule and observe City Holidays shall be entitled to take each holiday off with full pay for any one (1) holiday listed in 12.1 above. FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours.

Employees have not earned and cannot use the floating holiday hours until the actual holiday occurs (March 31).
(c) Patrol Assignments. Police Lieutenants assigned to the traditional 10-plan Field Operations/Patrol shift schedule shall receive a five percent (5%) holiday in lieu add pay. If Police Lieutenants work on a holiday, actual hours worked will be paid at time and one half (1½) for the work shift.

These members who are permitted to take a holiday off that falls on a regularly schedule work day shall use appropriate leave hours equivalent to the number of hours of their scheduled shift.

EXHIBIT 1 689
SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Retirement Contribution Supplement
(a) Public Employees’ Retirement System (PERS). For Classic Members, the City shall contribute an amount equal to nine percent (9%) of the employee's current base salary and other compensation as qualified by State law toward PERS benefits. Such amounts will be applied to the employee's individual account in accordance with Government Code section 20691. (b) PERS Contribution. Classic Members shall continue to pay nine percent (9%) toward the employer contribution of PERS. This section shall not be construed to permit employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 13.1(d).

Effective July 1, 2016, all employees (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, Classic Members will pay a total of twelve percent (12%) (nine percent (9%) plus three percent (3%)). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
(c) As soon as practicable, the City will modify its contract with CalPERS to provide for a twelve percent (12%) additional Member Contribution over and above Normal Contribution for classic members and a three percent (3%) additional Member Contribution over and above Normal Contribution for PEPRA members. Upon completion of the contract amendment process (including employee vote), the additional payment in Section 13.1(b) shall cease.
(d) Employer Paid Member Contribution Converted to Pay Rate During the Final Compensation Period. The City will make application to PERS to provide California Government Code section 20692 (Employer Paid Member Contributions Converted to Pay Rate during the Final Compensation Period) as an additional PERS benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.

At the beginning of employee’s last year of employment, the employee will pay their employees’ nine percent (9%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same nine percent (9%) for the last twelve (12) months EXHIBIT 1 690
of employment. The Internal Revenue Service (IRS) Code 414H(2), whereby employee contributions shall be tax deferred (not subject to taxation until time of constructive receipt) will be concurrently implemented with PERS California Government Code section 20692.
(e) Military Service Credit. The City will provide military service credit pursuant to the provisions of California Government Code section 21024, formerly Section 20930.3 at the employee's expense.
(f) Credit for Unused Sick Leave. The City will provide PERS California Government Code section 20965 (Credit for Unused Sick Leave) as added PERS benefits.
(g) Fourth Level of 1959 Survivor Benefits. The City provides PERS California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the added PERS Administrative Board. (h) Service Retirement Plan Formula for Employees Hired on or before July 1, 2012. The City’s service retirement contract with PERS for safety members of this unit hired on or before July 1, 2012 is 3% at Age 50. (i) Service Retirement Plan Formula for Unit Employees Hired on or after August 16, 2013. The City contracted with PERS to provide a new second tier retirement program for persons hired on or after August 16, 2013 and employees hired after that date will receive only those optional benefits as provided for in that tier. Such employees shall pay nine percent (9%) of the employees’ current base salary towards the employee’s contribution towards PERS and any other compensation as qualified by state law towards PERS retirement benefits through a payroll deduction. (j) PERS Benefits for Employees hired on or after January 1, 2013. (1) Employees with Reciprocity. Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of 3% at 50 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of nine percent (9%).

EXHIBIT 1 691
(2) Employees without Reciprocity. Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of

2.7% at 57 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under.

Employees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% at 57 as determined by CalPERS.

13.2 Uniform Allowance
Effective July 1, 2016, employees in this unit shall receive as annual compensation, a uniform allowance in the amount of twelve hundred dollars ($1,200.00).

One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.3 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle an employee in this unit will be reimbursed for actual mileage at the current rate established for other employees.

13.4 Police Vehicles
Members of SPMA shall be assigned a police vehicle due to the need for emergency response and command status at all times. This vehicle shall be taken home at night, with the manager maintaining radio contact and monitoring radio traffic until parked. The take-home radius shall be the same distance as the alternative work site radius (sixty (60) miles for out-of-town training) measured from the central point of the City.

13.5 Communication Devices
Members of SPMA shall be provided a communication device that will work as a cell phone, connect to the internet, and have the ability for two-way and group electronic communication with other police management, the communication center, and other emergency management personnel throughout the City in an appropriately encrypted manner.

13.6 Certificate Incentive Pay
(a) The City shall pay six percent (6%) of the top step in rank for employees EXHIBIT 1 692
who attain a P.O.S.T. Supervisory Certificate.
(b) The City shall pay an additional five percent (5%) for a total of eleven percent (11%) of top salary step in rank for employees who attain a P.O.S.T.

Management Certificate or higher, upon completion of two (2) continuous years of service in rank and upon completion of a management course.

13.7 Longevity Increment Pay
(a) Effective July 1, 2012, the longevity increment shall be effective the first pay period following the anniversary date of hire of the employee as follows:
(1) The City shall pay three-quarters of one percent (.75%) of top salary step in rank for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(2) The City shall pay an additional one and three-quarters percent (1.75%) for a total of two and one-half percent (2.5%), upon completion of eighteen (18) years of continuous service as a public safety member of the Stockton Police Department.
(3) The City shall pay an additional two percent (2%) for a total of four and one-half percent (4.5%), upon completion of twenty-four (24) years of continuous service as a public safety member of the Stockton Police Department.
(4) Members of the bargaining unit promoting from the SPOA bargaining unit will be placed at the level of longevity appropriate to their years of service.
(5) For the limited purpose of defining continuous service under this Section of the Memorandum of Understanding, continuous service shall include leaves without pay for less than one (1) year as long as the public safety officer did not withdraw their contribution from PERS.

13.8 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the EXHIBIT 1 693
compensation and/or service time provided under this Memorandum of Understanding is outside of the City’s control.

EXHIBIT 1 694
SECTION 14. INSURANCE PLANS

14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).

14.1 Health Insurance and Related Benefits
(a) Health and Welfare Benefits. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any City sponsored health the plan that the City shall offer to regular status employees. Each plan shall offer an employee only, employee plus one (1) and employee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees. (b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan). (c) City Contribution Toward the Cost of Insurance Programs. (1) Effective upon the first full pay period following ratification of this Memorandum of Understanding by the Union and approval by the City Council on its regular agenda in accordance with the Ralph M.

Brown Act but no earlier than July 1, 2022:
a. The City shall contribute up to $697.00 per month toward the cost of the monthly premium for employee-only
medical/dental/vision plan coverage.
b. The City shall contribute up to $1,265.00 per month toward the cost of the monthly premium for employee plus one (1) EXHIBIT 1 695
dependent medical/dental/vision plan coverage.
c. The City shall contribute up to $1,685.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(2) Effective July 1, 2023, City shall contribute the following:
a. The City shall contribute up to $711.00 per month toward the cost of the monthly premium for employee-only
medical/dental/vision plan coverage.
b. The City shall contribute up to $1,290.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. The City shall contribute up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(3) Effective July 1, 2024, City shall contribute the following:
a. The City shall contribute up to $725.00 per month toward the cost of the monthly premium for employee-only
medical/dental/vision plan coverage.
b. The City shall contribute up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. The City shall contribute up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(4) These contributions are based on full-time employment; regular parttime employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, vision, and dental to be pre-tax premium conversion.

EXHIBIT 1 696
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document. (e) The City will keep SPMA informed as to changes to actuarial methods employed by its actuary which materially affect the rates, and permit the opportunity for SPMA to discuss such changes. SPMA will meet and confer with the City mid-term regarding further plan changes.
(f) If legally permissible, the City agrees to make Medicare contributions for employees hired in 1985 to 1986 who are not currently covered by Medicare, provided that such payments shall be on a going forward basis only, and such unit members shall be required to pay the employee matching contribution to Medicare. To the extent legally permissible, Unit members may contribute to Medicare to purchase credit retroactively provided such unit members do so at their own expense, including both the employee and employer share. The City entered into a Section 218 Medicare-Only Agreement with the Social Security Administration for this purpose, with an effective date of August 1, 2014.

14.2 Life Insurance
Each employee in this unit will receive group life insurance coverage paid for by the City of Stockton equal to a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 plan vendor.

14.3 Long Term Disability Insurance
The City will contribute the existing premium amount (currently $24.50 per month) for each employee in this unit to purchase long term disability benefits through their association.

EXHIBIT 1 697
SECTION 15. SALARY PLAN

15.1 Salary
(a) Cost of Living Adjustment (COLA)
(1) Effective upon the first full pay period following approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, employees will receive a ten percent (10%) increase to base pay (comprised of a 2% COLA and a 8% Market Adjustment).
(2) Effective July 1, 2023, employees will receive a three percent (3%) increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment).
(3) Effective July 1, 2024, employees will receive a three percent (3%) increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment).
(b) Lump Sum Payment
Each employee who we employed in the bargaining unit as of January 1, 2024 will receive a $5,000 lump sum non-pensionable bonus (subject to applicable withholdings) to be paid by the second scheduled payday in the same month.

15.2 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

15.3 Salary Step After Military Leave
All employees who have been granted military leave, upon their return to the City service, are entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were EXHIBIT 1 698
in the military service.

15.4 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.5 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5%) above the employee’s current base salary, except that the next step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

15.6 Salary on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation unless there has been an increase within the salary range.

15.7 Acting Pay
Any employee who is assigned, in writing, to work in a higher paid classification and who performs a majority of the duties of that higher position, shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

15.8 Special Assignment Pay
The City Manager may approve additional compensation in an amount up to but EXHIBIT 1 699
not to exceed ninety percent (90%) of the department head’s salary when an employee is assigned, in writing, by the department head and with the approval of the City Manager, to perform additional duties and responsibilities for the duration of the special assignment.

15.9 Management Incentive Pay – Special Assignment Differential Effective July 1, 2014, due to the unique nature of their job, non-patrol Lieutenants who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule, and are assigned to schedules that regularly observe holidays off shall receive a Management Incentive Pay/“Special Assignment” differential equal to five percent (5%) of the employee’s current base pay.

While not all-inclusive, examples of these Lieutenant
assignments where Management Incentive Pay would apply include non-patrol positions with the Professional Standards Section Commander, Chief of Staff to the Office of Chief of Police, Traffic Section Commander, Strategic Operations Section Commander, Crimes versus Person/Property Section Commander, Special Investigations Section Commander, Personnel Section Commander, Training Section Commander.

15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.11 Salary Step Advancement
Unit members will be required to serve six (6) months at each applicable salary step before advancing to the next step.

EXHIBIT 1 700
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by the court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither party shall, during the term of this Memorandum of Understanding, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of Understanding by mutual agreement.

EXHIBIT 1 701
SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented thereby agrees to not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action that it deems appropriate.
(c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action as it deems appropriate.
(d) The Association recognizes the duty and obligation of its representatives and members to comply with the provisions toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this Memorandum of Understanding.

EXHIBIT 1 702
SECTION 21. BANKRUPTCY
Stockton Police Management Association (hereinafter “SPMA”), which is defined for the purposes of this section as including without limitation Stockton Police Management Association’s members, bargaining unit members, officials, attorneys, and affiliates, agrees that this Memorandum of Understanding shall supersede the terms of all prior Memorandums of Understanding, side letters, and any other agreements between the parties as to the subjects covered herein. SPMA further agrees that it has entered into this agreement voluntarily, and that it shall file no claims in the City’s bankruptcy case based upon the terms of any agreements that precede this Memorandum of Understanding, or based upon the negotiated terms of this agreement. Nothing herein shall limit claims based up violation of this agreement.

SPMA further agrees that it will not oppose the City’s eligibility for chapter 9 relief. SPMA agrees to support any plan of adjustment the provisions of which, as to SPMA, are consistent with this Memorandum of Understanding.

EXHIBIT 1 703
APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1- Effective the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Police Captain 11,314.08 11,893.36 12,502.69 13,143.49 13,817.19 14,523.78 COLA and MA year 1 (10%) 1,131.41 1,189.34 1,250.27 1,314.35 1,381.72 1,452.38 Year 1 - Monthly Salary 12,445.49 13,082.70 13,752.96 14,457.84 15,198.91 15,976.15 COLA and MA year 2 (3%) 373.36 392.48 412.59 433.74 455.97 479.28 Year 2 - Monthly Salary 12,818.85 13,475.18 14,165.55 14,891.58 15,654.87 16,455.44 COLA and MA year 3 (3%) 384.57 404.26 424.97 446.75 469.65 493.66 Year 3 - Monthly Salary 13,203.42 13,879.43 14,590.52 15,338.33 16,124.52 16,949.10 Police Lieutenant 9,806.50 10,309.96 10,837.77 11,392.75 11,976.32 12,589.96 COLA and MA year 1 (10%) 980.65 1,031.00 1,083.78 1,139.27 1,197.63 1,259.00 Year 1 - Monthly Salary 10,787.15 11,340.95 11,921.55 12,532.02 13,173.96 13,848.95 COLA and MA year 2 (3%) 323.61 340.23 357.65 375.96 395.22 415.47 Year 2 - Monthly Salary 11,110.77 11,681.18 12,279.20 12,907.98 13,569.18 14,264.42 COLA and MA year 3 (3%) 333.32 350.44 368.38 387.24 407.08 427.93 Year 3 - Monthly Salary 11,444.09 12,031.61 12,647.57 13,295.22 13,976.25 14,692.35 EXHIBIT 1 704
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on _____________, and by an affirmative vote of the Stockton City Council on _____________.The parties hereto have executed this Memorandum of Understanding this ____ day of ____________, 2022.

Stockton Police Management Association City of Stockton ___________________________________ ___________________________________ Timothy Swails Harry Black
President City Manager
___________________________________ _______________________________ Kyle Pierce Allison U. Dichoso
Vice President Director of Human Resources
Approved as to form: Approved as to form:

Goyette & Associates, Inc. Lori M. Asuncion, Acting City Attorney By: By:

___________________________________ _______________________________ Rafael Ruano Marci A. Arredondo
Labor Representative for Association Deputy City Attorney By:
_______________________________
Burke Dunphy
Negotiator for the City
ATTEST:
_______________________________
Eliza Garza
City Clerk
EXHIBIT 1 705

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON

FIRE UNIT

MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters' Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for employees in the representation unit identified in Section 1 of this Memorandum of Understanding, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers Milias Brown Act (Government Code sections 3500 3511) (“MMBA”) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours, and other terms and conditions of employment for the period commencing July 1, 2022 and ending on June 30, 2025. This agreement shall supersede all other existing agreements on the matters set forth herein.

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706

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TABLE OF CONTENTS
SECTION 1. RECOGNITION ......................................................................................... 1

1.1 City Recognition ......................................................................................... 1

1.2 Union Recognition ...................................................................................... 1 SECTION 2. UNION RIGHTS ........................................................................................ 2

2.1 Union Membership Dues and Payroll Deductions ...................................... 2

2.2 Use of City Facilities .................................................................................. 3

2.3 Advance Notice .......................................................................................... 3

2.4 Attendance At Meetings By Employees/Release Time .............................. 4

2.5 New Hire Employee Orientation and Information Requirements ................ 4 SECTION 3. COMPLIANCE WITH LAWS ...................................................................... 5

3.1 Non-Discrimination/Equal Employment ...................................................... 5

3.2 Concerted Labor Activity ............................................................................ 5 SECTION 4. PROBATION ............................................................................................. 6

4.1 Purpose ..................................................................................................... 6

4.2 Original Entrance Positions ........................................................................ 6

4.3 Retention/Rejection of Probationer ............................................................ 6

4.4 Promotional Positions ................................................................................ 6 SECTION 5. LAYOFF..................................................................................................... 7

5.1 Layoff Scope .............................................................................................. 7

5.2 Notice of Layoff .......................................................................................... 7

5.3 Precedence By Employment Status ........................................................... 7

5.4 Employee Options ...................................................................................... 8 SECTION 6. REEMPLOYMENT .................................................................................... 9 SECTION 7. DISCIPLINE…………………………………………………………………….10
SECTION 8. GRIEVANCE PROCEDURES ................................................................. 11

8.1 Definition .................................................................................................. 11

8.2 Filing Deadline ......................................................................................... 11 EXHIBIT 2 707

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8.3 Grievance Processing .............................................................................. 11

8.4 Scope of Arbitration ................................................................................. 12

8.5 Other Provisions ...................................................................................... 12 SECTION 9. LEAVES................................................................................................... 14

9.1 Vacation Leave ........................................................................................ 14

9.2 Sick Leave ............................................................................................... 16

9.3 Other Leaves With Pay ............................................................................ 18

9.4 Workers' Compensation Leave ................................................................ 20

9.5 Leaves of Absence .................................................................................. 21

9.6 Leaves of Absence Without Pay .............................................................. 22

9.7 Absence Without Official Leave (AWOL) ................................................. 23 SECTION 10. DAYS AND HOURS OF WORK ............................................................. 24

10.1 Workweek ................................................................................................ 24

10.2 Shift Trades .............................................................................................. 24

10.3 Staffing ..................................................................................................... 24 SECTION 11. OVERTIME ............................................................................................ 25

11.1 Fair Labor Standards Act (FLSA) Agreement .......................................... 25

11.2 Compensatory Time ................................................................................. 27 SECTION 12. HOLIDAYS ............................................................................................ 28 SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY ........................................................................................................................ 30

13.1 PERS Benefits for Employees Hired On Or Before 12/28/2012 ............... 30

13.2 PERS Benefits for Employees Hired On Or After 12/29/2012 and Before 01/01/2013 .............................................................................................. 31

13.3 PERS Benefits for Employees Hired On Or After 01/01/2013 ................. 31

13.4 Education Incentive Pay .......................................................................... 32

13.5 HAZ/MAT Assignment ............................................................................. 32

13.6 EMT Certification ..................................................................................... 32

13.7 Paramedic Certification ............................................................................ 33 EXHIBIT 2 708

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13.8 Uniform Allowance ................................................................................. 343

13.9 Contagious Disease ................................................................................. 34

13.10 Acting Pay .............................................................................................. 34

13.11 Call-Back Pay ......................................................................................... 34

13.12 Deputy Fire Marshal Series .................................................................... 34

13.13 Fire/Engineer Operator ........................................................................... 35

13.14 Administrative Positions ......................................................................... 35

13.15 Longevity Pay ......................................................................................... 35

13.16 Wellness-Fitness Program ..................................................................... 35

13.17 CalPERS Reportability ........................................................................... 36

13.18 Lapse of Certification .............................................................................. 36 SECTION 14. INSURANCE PLANS .............................................................................. 37

14.0 Reopener Clause For Health Insurance ................................................... 37

14.1 Health Insurance And Related Benefits .................................................... 37

14.2 Life Insurance .......................................................................................... 38

14.3 Long Term Disability Insurance ............................................................... 39

14.4 Retiree Medical Trust .............................................................................. 39 SECTION 15. SALARY PLAN ...................................................................................... 41

15.1 Salary Ranges ......................................................................................... 41

15.2 Salary Upon Appointment ........................................................................ 41

15.3 Salary Equivalents ................................................................................... 41

15.4 Salary Step Plan-Sworn Ranks ................................................................ 41

15.5 Salary Step After Military Leave ............................................................... 43

15.6 Salary Step When Salary Range is Increased ......................................... 43

15.7 Salary Step After Promotion or Demotion ................................................ 43

15.8 Salary on Reinstatement .......................................................................... 43

15.9 Salary Adjustments .................................................................................. 44

15.10 Bi-Weekly Pay Period ........................................................................... 44

15.11 Lump Sum Payment ............................................................................. 44 EXHIBIT 2 709

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SECTION 16. SEPARABILITY OF PROVISIONS ......................................................... 44 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING .. 44 SECTION 18. SCOPE OF AGREEMENT ..................................................................... 44 SECTION 19. DURATION OF AGREEMENT ............................................................... 44 SECTION 20. MAINTENANCE OF OPERATIONS ....................................................... 45 APPENDIX A. City Of Stockton's New Medical Response Squad ................................. 46 APPENDIX B. COLA AND MARKET ADJUSTMENTS ................................................. 48 EXHIBIT 2 710

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SECTION 1. RECOGNITION

1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 Union Recognition
The Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, hereafter referred to as the "Union," is the recognized employee organization for the Firefighters' Unit (“Fire Unit”), certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.

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SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union Membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notifications will be provided to [email protected]. (8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period EXHIBIT 2 712

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processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and when made shall continue until revoked by the Fire Chief.

Members of the Union are prohibited from using City equipment and/or time for their personal use.

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changes to the content of said notice with the management representatives designated by the City Manager.

2.4 Attendance at Meetings By Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay, in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.

The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

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SECTION 3. COMPLIANCE WITH LAWS

3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Federal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.

3.2 Concerted Labor Activity
(a) Employees covered by this Memorandum of Understanding will have the right to join and to participate in the activities of the Union for purposes of representation under the MMBA, and will also have the right to refrain from participation of any such activities.
(b) Employees covered by this Memorandum of Understanding have the right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal for protected concerted labor activity, under the MMBA. (c) Peaceful Performance of Memorandum of Understanding. Employees are free from participating in protected activities or refraining from protected activities.

Employees covered in this Memorandum of Understanding shall not engage in concerted activity in violation of the MMBA.

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SECTION 4. PROBATION

4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to their position, and for eliminating any probationary employee whose performance does not meet the required standards of work.

4.2 Original Entrance Positions
All original entrance sworn positions shall be subject to a probationary period of eighteen (18) months. The probationary period for entrance sworn positions shall not be extended.

4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee is desired. During the probationary period an employee may be rejected at any time by the appointing authority.

4.4 Promotional Positions
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.

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SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of their position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.

5.1 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services Department
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development Department
(7) Community Services
(8) Economic Development
(9) Fire Department
(10) Human Resources Department
(11) Information Technology Department
(12) Municipal Utilities Department
(13) Police Department
(14) Public Works Department

5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.3 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories, as listed in ascending order:
(a) Extra Help
(b) Provisional
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(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class with the employee having the least amount of time served in the class to be laid off first. For the purpose of this procedure, part time classes shall be considered as separate from and shall be laid off prior to regular full time classes. The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a regular status or probationary status shall count as service time.

5.4 Employee Options
Employees laid off shall have the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in that classification who has the least (total service) seniority.

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SECTION 6. REEMPLOYMENT
When an employee in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list.

As provided below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur. (a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2) years from the date of separation due to the layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection (b) are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.

The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have their name removed from the reemployment list, unless mutually agreed to by the Department and employee.

If the above listed changes require Civil Service approval, the Association agrees to not object to the changes in duration of reemployment lists consistent with this section.

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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in Section 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.

If the employee fails to do (b) or (c) above, within the prescribed time frames, those rights will have been waived.

Lesser forms of disciplinary actions such as written reprimands and transfers for purposes of punishment that do not involve loss of pay may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FBOR) Informal Discipline Appeal Procedure.”
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SECTION 8. GRIEVANCE PROCEDURES

For purposes of filing appeals and grievances, business days include City of Stockton Office Hours according to the City-Wide calendar published each year.

8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the Department within seven (7) working days from the day of presentation, or if the employee elects to submit the grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
(b) Step 2 - Director of Human Resources Review. Any employee or official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a EXHIBIT 2 721

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statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.

8.5 Other Provisions
If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the arbitrator finds that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.

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All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of Understanding shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) days from the date upon which the complaint was filed.

The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter, or Civil Service Rules and Regulations may be within the sole province and discretion of the Civil Service Commission.

All grievances of employees in units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations require that another option be available to the employee, no action under Section 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.

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SECTION 9. LEAVES

Under 1.5 years 80 hours

1.5 – 7.5 years 108 hours

7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) 56-hour workweek employee:

Under 1.5 years 120 hours

1.5 – 7.5 years 162 hours

7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
(b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Employees shall accrue vacation on a twice-monthly basis. (1) The maximum number of vacation hours that employees on a 40-hour workweek shall accrue are as follows:

Under 1.5 years 120 hours

1.5 – 7.5 years 240 hours

7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
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(2) The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:

Under 1.5 years 300 hours

1.5 – 7.5 years 360 hours

7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) Longevity Vacation Allowance
(1) This program is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) Annual longevity vacation allowance accrual credited on January 1, 2011 shall be reduced by fifty percent (50%).
(d) Scheduling
(1) 48/96 Shift Schedule. The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with their management responsibility to control and direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of Accrued Vacation must be scheduled per year. The four (4) shift minimum is not required to be scheduled contiguously.
b. Any Accrued Vacation that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
(e) Vacation Allowance for Separated Employees. Employees separating from City service for any reason who have unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay.

Payment for the unused vacation hours shall be paid post separation date at EXHIBIT 2 725

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no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.

9.2 Sick Leave
(a) Accrual. All regular status employees on a forty (40) hour workweek schedule, except provisional, temporary, and part-time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accumulate from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.

An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave.

Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, legal dependent, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
(d) Procedures for Requesting and Approving Sick Leave. The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.

When the requirement for sick leave is known to the employee in advance of EXHIBIT 2 726

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their absence, the employee shall request in writing authorization for such sick leave from the Fire Chief prior to such absence.

Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to the Fire Chief a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief. (e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's certificate or other reasonable proof of illness may be required by the Fire Chief.

The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave provided that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or (2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Accessibility and Reporting. All officers and members of the Department on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee. Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.

All officers and members of the Department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 EXHIBIT 2 727

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hours on the day prior to their next scheduled duty period. Sick leave may be granted for any period of time approved by the Fire Chief. (i) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, except as set forth below all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the CalPERS contract provisions applicable to their employment.
(j) CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012 shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit, in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
(k) Sick Leave Retention Benefit. After subtracting the equivalent of one (1) full year of service credit two thousand and eighty (2080 hours), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value.

9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon their request, be granted up to three (3) days bereavement leave with pay and without charge to their accumulated sick leave or vacation leave. The City Manager may grant an additional two (2) days bereavement leave upon request, which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel is required to attend the funeral. For the purposes of this section, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.

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from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) Attendance at court or at a deposition while in an on-duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time necessarily involved, shall be considered and paid as hours worked.
(3) Other absences from duty for attendance at court or at depositions shall be without pay.
(4) On-duty employees shall return to work immediately upon release from court.
(5) Attendance at court or at a deposition while in an off-duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time, where such travel is to a location outside of San Joaquin County, shall be considered in terms of actual hours spent performing those duties and paid as hours worked.
(6) For the purpose of computing any travel time to be reimbursed by the City in accordance with this section for attendance at court or at a deposition while in an off-duty status, such travel time shall be deemed to commence from the San Joaquin County Courthouse.
(c) Maternity Leave. Time off of work for pregnancy, childbirth, and related medical conditions will be covered as required by State and Federal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case and the time medically required to recuperate. Generally, a six (6) week recovery period after delivery is medically indicated. (d) Military Leave. An employee of the City who is a member of the National EXHIBIT 2 729

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Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.

In the case of a probationary status employee having served their minimum probationary period of eighteen (18) months at the time of induction, it shall be optional with the Fire Chief and the City Manager to grant regular status to said employee before induction.

All probationary status employees inducted into Military Service not having served the minimum probationary period of eighteen (18) months or having served the minimum probationary period of eighteen (18) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency. Following such leave, said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit, as above specified, and shall serve the balance of their probationary period before attaining regular status.

9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the City, to leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as they are retired on permanent disability pension.

If the injury is claimed to be job-related or a recurrence of a previous job-related sickness or injury, it must be verified with a written physician's statement. Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence.

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The company officer should originate a "Supervisor's Report of Accident" form (Form 78).
(a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(b) Accessibility and Reporting. All officers and members of the Department on leave for injury (job-related or non-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.

All officers and members of the Department on leave for injury (job-related or non-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period.
(d) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with State workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an onthe-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.

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Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.

The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence.

Authorized absences without pay that exceed thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leaves of Absence Without Pay
(a) Purpose and Length. Only employees occupying positions on a regular status basis are eligible for leaves of absence without pay under the provisions of the section.

An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.

Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.

Such a leave will be granted only after all accrued sick leave has been used and shall be substantiated by a physician's statement.
(b) Application For and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief or the Fire Chief’s representative to evaluate the request. Leaves without pay may be canceled by the Fire Department at any time.

EXHIBIT 2 732

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CITY OF STOCKTON 23

9.7 Absence Without Official Leave (AWOL)
(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the Department or City Manager or at the expiration of a leave shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.

EXHIBIT 2 733

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SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
The regularly scheduled workweek for each member of the Fire Unit assigned to fire suppression duties shall average fifty six (56) hours over a twelve (12) week period.

The regularly scheduled workweek for each member of the Fire Unit assigned to work in the Department’s administrative offices, the Fire Prevention Bureau, or the Division of Training shall be forty (40) hours. Other work periods may be declared by the Fire Chief for some or all members of the Fire Unit when dictated by operational requirements of the Fire Department.

All working shifts will commence at 0800 hours, with the exception of the employees assigned to work in the Fire Administration Office, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.

10.2 Shift Trades
Fire Unit employees will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief or the Fire Chief’s designee in accordance with Article J, Section 2 of the Fire Department Procedures Manual, which provides for Fire Unit employees to have up to a maximum of nine (9) uncompleted shift trades at any one time and that the period during which shifts are to be traded and paid back shall not exceed twelve (12) months.

Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.

10.3 Staffing
The City has management rights to determine staffing and the City will comply with applicable CalOSHA laws.

EXHIBIT 2 734

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SECTION 11. OVERTIME

11.1 Fair Labor Standards Act (FLSA) Agreement
(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
(b) “Day shift employees” means Fire Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). “Day shift employees” also includes firefighters and fire recruits assigned to the fire training academy. (c) 24-hour Shift Employees.
(1) Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of one hundred and eighty-two (182) hours in a 24 day work period.
(2) Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive three point one six (3.16) hours per pay period for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of 182 and 192 hours in a 24 day work period.
(d) For Day Shift employees, overtime shall be paid at the rate of time and one half (1-½) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Bereavement Leave, Jury Duty Leave, Industrial Illness or Injury Leave (4850) taken within the work period when 4850 leave begins or ends, and Sick Leave shall also count as actual time worked. Vacation leave or other time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in Administrative assignments where holidays are observed only.
(f) Notwithstanding subparagraph “e” above, effective as soon as administratively possible but no later than the second full pay period following adoption of this agreement by the City Council, vacation leave taken within the work period shall also count as actual time worked. The parties agree that the cost value EXHIBIT 2 735

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of this modification is approximately thirty-two one-hundredths percent (0.32%) of salary for the bargaining unit. During the final year of this MOU, the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modifications to or continuation of this structure as part of successor contract negotiations.
(g) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.

Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment. (h) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule conflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative. (i) Rank for Rank Relief. In providing relief, Fire Unit employees may work in a rank lower than the rank which they currently hold but may not provide relief by working in a rank above their current rank, except in extraordinary circumstances.
(j) Continuing Education for Paramedics. Upon prior approval of the Fire Chief the City will compensate members of the Fire Unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in a two (2) year certification period.
(k) Conflict Resolution. The City and the Union will cooperate with each other to promptly resolve any disagreement that may arise during the term of this Memorandum of Understanding regarding compliance with the FLSA. Any dispute involving the interpretation or application of the FLSA may be referred to the City Manager by the complaining party or by the Director of Human Resources. Such referral will be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The EXHIBIT 2 736

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City Manager will designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides. (l) Calculation of Pay While in Fire Academy. While enrolled in the Fire Academy, newly appointed firefighters shall have their pay calculated on a 40-hour workweek and overtime shall be paid in accordance with 11.1(d) above (this will not include FLSA pay based on a 56-hour workweek as a Paramedic add pay be due).

11.2 Compensatory Time
(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or in excess of their normal work schedule. (b) Use. Such compensatory time must be taken during the same work period in which it is earned in accordance with Section 11.1 above. The accrual of compensatory time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that they are unable to take accrued compensatory time during the same work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½) depending upon the number of hours worked by the employee during the work period consistent with Section 11.1 above.
(c) Department Policy. Compensatory time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.

EXHIBIT 2 737

FIRE UNIT SUCCESSOR MOU
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CITY OF STOCKTON 28
SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this Memorandum of Understanding by the Fire Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section.

The City observes the following holidays on the dates indicated:
(1) New Year’s Day ......................................................................... (January 1) (2) Martin Luther King’s Birthday ............................. (Third Monday in January) (3) Lincoln’s Birthday .......................................... (Second Monday in February) (4) Washington’s Birthday ...................................... (Third Monday in February) (5) Cesar Chavez Day ................................................. (March 31 - FLOATING) (6) Memorial Day ............................................................. (Last Monday in May) (7) Independence Day ........................................................................... (July 4) (8) Labor Day ....................................................... (First Monday in September) (9) Columbus Day ............................................... (Second Monday in October) (10) Veterans’ Day ...................................................................... (November 11) (11) Thanksgiving .............................................. (Fourth Thursday in November) (12) The day following Thanksgiving ...................... (Fourth Friday in November) (13) Christmas Day ..................................................................... (December 25) (14) Birthday Holiday
(b) Effective July 1, 2021, 0.41% will be added to the suppression classifications on the salary schedule for the Birthday Holiday.
(c) Effective August 1, 2011, the differential for Administrative Captain and Other Administrative Positions in Sections 13.12 and 13.14 will be increased by 6.34%. (d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.

For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.

There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). (e) For positions that observe holidays, in order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday. (f) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday EXHIBIT 2 738

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holiday to be taken within sixty (60) calendar days beginning on the day of the employee’s birthday.

EXHIBIT 2 739

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 30
SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement System (CalPERS) 3% at 50 local safety pension formula based on the single highest year.
(b) Additional CalPERS Benefits.
(1) The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to 2,080 hours (Government Code Section 20965), Survivor Benefit Level 4 (Government Code Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code Section 21635), Continuation of Death Benefits After Remarriage (Government Code Section 21551), and Military Service Credit as Public Service and for Retired Persons at the employees’ expense (Government Code Sections 21024 and 21027).
(2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this Memorandum of Understanding.
(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compensation as determined by state law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code Section 20691.
(d) EPMC Payrate Conversion. The City will cease paying the nine percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays their nine percent (9%) employee contribution on a pre-tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code section 20692. Instead of applying these section 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve month period prior to the effective date of retirement. Employees who wish to select this option, shall indicate this EXHIBIT 2 740

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on the City’s EPMC Authorization form provided by Human Resources. (e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012 agree to continue sharing the cost of the CalPERS 3% at 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll deduction. If legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employee’s share of retirement contribution, thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible, consistent with CalPERS regulations, to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.

13.2 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013 who qualify as “classic” members, with the CalPERS 3% at 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pretax basis toward the employee contribution for the pension benefit and are not subject to the Government Code Section 20516 Cost Sharing provision in Section 13.1 (e) above.

13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013, without reciprocity (i.e., “new” members) the CalPERS 2.7% at 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.

Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal” cost as determined by CalPERS on a pre-tax basis for the pension benefit EXHIBIT 2 741

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and are not subject to the Government Code Section 20516 Cost Sharing provision in Section 13.1 (e) above.

13.4 Education Incentive Pay
(a) Employees who satisfy the educational and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of rank for sworn Fire Unit employees.
(b) Employees who satisfy the educational and service requirements for an advanced education certification shall receive five percent (5%) of the top step rank for sworn Fire Unit employees.

13.5 HAZ/MAT Assignment
The City shall pay five percent (5%) of the top step of rank for sworn Fire Unit employees actively assigned to the HAZ/MAT response team. This section applies to a total certified and assigned complement of twenty-one (21) employees. The Fire Chief or their designee shall ensure that employees with HAZ/MAT certification are assigned to back fill vacancies on the HAZ/MAT response team due to events such as vacation or sick leave and that such employees receive the five percent (5%) temporary add pay while working the vacant assignment.

13.6 Emergency Medical Technician Certification
It is the policy of the Stockton Fire Department that all sworn employees assigned to line fire suppression activities and working in the rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (“EMT”) certification or face disciplinary procedures detailed below.

Each member shall secure EMT certification within one (1) year of commencement of employment and maintain that certification throughout their career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.

All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member fails to re-certify after one (1) attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re-certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt or EXHIBIT 2 742

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the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR training and certification by the Division of Training prior to assignment to line fire suppression activities.

Any disputes that result from this agreement shall be handled in accordance with the current Memorandum of Understanding grievance procedures.

13.7 Paramedic Certification
(a) The City shall pay Fire Unit employees who are assigned to Paramedic duties and possess a valid Paramedic certificate as follows:
(1) Paramedic Firefighter Step I: Six percent (6%) above top step of current applicable rank.
(2) Paramedic Firefighter Step III: Eight and one-half percent (8.5%) above top step of current applicable rank.
(3) Paramedic Firefighter Step V: Nine percent (9%) above top step of current applicable rank.
(4) Paramedic Engineer: Six percent (6%) above Engineer top step. (5) Paramedic Fire Captain: Six percent (6%) above Fire Captain top step.

EXHIBIT 2 743

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CITY OF STOCKTON 34

13.11 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after they have worked a scheduled shift and have departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½) of their regular rate of pay for time worked, whichever is greater.

13.12 Deputy Fire Marshal Series
(a) Employees assigned as Deputy Fire Marshals and are designated as administrative positions shall be paid as follows:
(1) Deputy Fire Marshal I: Two and one-half percent (2.5%) above Firefighter top step
(2) Deputy Fire Marshal II: Five percent (5%) above Firefighter top step (3) Deputy Fire Marshal III: Seven and one-half percent (7.5%) above Firefighter top step
(4) Deputy Fire Marshal IV: Ten percent (10%) above Firefighter top step (5) Fire Captain (FM III): Ten percent (10%) above Fire Captain top step EXHIBIT 2 744

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13.13 Fire/Engineer Operator
Employees assigned as Fire/Engineer Operators shall be paid five percent (5%) above the Engineer top step.

13.14 Administrative Positions
(a) Administrative Captain. Employees assigned as Administrative Captains shall be paid at a rate that is thirteen point three three percent (13.33%) above the amount paid to Captains assigned to fire suppression duties. Note: The FLSA rate was 3.33% so this rate is not increasing.
(b) Administrative Firefighter. Fire Unit employees assigned as an Administrative Firefighter shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter with pay increases of two and one-half percent (2.5%) per year to a maximum of thirteen point three three percent (13.33%).

Note: The FLSA rate was 3.33% so this rate is not increasing. (c) Administrative Firefighter/Engineer. Fire Unit employees assigned as an Administrative Firefighter/Engineer shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter/Engineer with pay increases of two and one-half percent (2.5%) per year to a maximum of thirteen point three three percent (13.33%). Note: The FLSA rate was 3.33%, so this rate is not increasing.

13.15 Longevity Pay
(a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011, who by July 1, 2012 have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one quarter percent (1.25%) of top step pay for their classification. (b) Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty-two (22) years of continuous employment with the City shall receive an additional eight and three-quarters percent (8.75%) of top step pay for their classification. Effective July 1, 2016, the City agrees to continue the Tier Two longevity pay for the eligible members at the 8.75% rate, rather than the previously negotiated rate of four and threequarters (4.75%) based on the association’s agreement in prior Memoranda of Understanding to redirect City HRA contributions to buy back this benefit.

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program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
(a) Participation in the Wellness-Fitness Program is mandatory for the program’s testing, evaluations, and daily physical training requirements. (b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. (d) The Union and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.

13.17 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of Understanding is outside of the City’s control.

13.18 Lapse of Certification
An employee receiving an add pay under Section 13 of this Memorandum of Understanding, whose certification lapses will not be eligible for the add pay and will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.

EXHIBIT 2 746

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 37
SECTION 14. INSURANCE PLANS

14.1 Health Insurance and Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus one and Employee plus two or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for Medical, Dental, and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Towards the Cost of Insurance Programs. (1) Effective the first full pay period following adoption by the City Council, the City shall contribute the following:
a. Up to $697 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,265 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,685 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

EXHIBIT 2 747

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 38
(2) Effective July 1, 2023, the City shall contribute the following:
a. Up to $711 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,290 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,719 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective July 1, 2024, the City shall contribute the following:
a. Up to $725 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,316 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,753 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

These contributions are based on full-time employment; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion. (d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.

14.2 Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.

EXHIBIT 2 748

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 39

The Trust shall be and remain separate and apart from any Employer health insurance funding program.

Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a payroll deduction. This contribution amount shall be included in the above-referenced notice to the City. Individuals who attain regular status in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.

To the extent authorized by law, all contributions shall be made on a pre-tax basis.

The City shall not charge the Union or Fire Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Unit members in the Trust.

EXHIBIT 2 749

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 40
The Union agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.

Participation in the Trust shall be the complete and sole responsibility of the union.

EXHIBIT 2 750

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 41
SECTION 15. SALARY PLAN

15.4 Salary Step Plan-Sworn Ranks
(a) There shall be nine (9) salary steps for the classification of Firefighter. There shall be six (6) salary steps in each range for the classifications of Firefighter/Engineer and Fire Captain.
(b) The first step shall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first step after receiving the recommendation of the department head. The same provisions shall apply to hourly paid and part-time employees.)
(c) If a department head recommends to withhold increases to salary steps two (2) through nine (9) because an employee has not achieved the level of performance required, notice must be received by the City Manager at least EXHIBIT 2 751

FIRE UNIT SUCCESSOR MOU
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CITY OF STOCKTON 42
four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation.
(d) The second step shall be paid upon the employee’s satisfactory completion of the Fire Academy and upon the written recommendation of the department head.
(e) The third step shall be paid upon the satisfactory completion of six (6) months of service at the second step upon the written recommendation of the department head.
(f) The fourth step shall be paid upon the satisfactory completion of six (6) months of service at the third step upon the written recommendation of the department head.
(g) The fifth step shall be paid upon the satisfactory completion of one (1) year of service at the fourth step upon the written recommendation of the department head.
(h) The sixth step shall be paid upon the satisfactory completion of one (1) year of service at the fifth step and written recommendation of the department head. (i) The seventh step shall be paid upon the satisfactory completion of one (1) year of service at the sixth step and upon the written recommendation of the department head.
(j) The eighth step shall be paid upon the satisfactory completion of one (1) year of service at the seventh step and upon the written recommendation of the department head.
(k) The ninth step shall be paid upon the satisfactory completion of six (6) months of service at the eighth step and upon the written recommendation of the department head.
(l) As an exception to the foregoing, employees promoted to the rank of Fire Captain shall be eligible for step increases upon the satisfactory completion of six (6) months’ service in each step of the Fire Captain Salary range. Also, employees holding the rank of Firefighter/Engineer shall be subject to step increase intervals of one (1) year. However, the Firefighter/Engineer rank shall be limited to six (6) salary steps. Regardless of an employee's length of service, step advancements may be made upon recommendation of the department head, but not above Step No. 6 of the Firefighter/Engineer and Fire Captain Salary ranges, and not above Step No. 9 of the Firefighter salary range.

EXHIBIT 2 752

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TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 43
(m) Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date. (n) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.
(o) Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.

15.5 Salary Step After Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.

15.7 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5%) above the current base pay salary on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary after promotion rules shall apply.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

15.8 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the EXHIBIT 2 753

FIRE UNIT SUCCESSOR MOU
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CITY OF STOCKTON 44
time of their separation unless there has been an increase within the salary range.

15.9 Salary Adjustments
(a) Effective upon the first full pay period following approval by the City Council on its regular agenda, in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, all bargaining unit classifications will receive a ten percent (10%) increase to base pay (comprised of a two percent (2%) COLA and an eight percent (8%) Market Adjustment).
(b) Effective July 1, 2023, all bargaining unit classifications will receive a three percent (3%) increase to base pay (comprised of a two percent (2%) COLA and a one percent (1%) Market Adjustment).
(c) Effective July 1, 2024, all bargaining unit classifications will receive a three percent (3%) increase to base pay (comprised of a two percent (2%) COLA and a one percent (1%) Market Adjustment).

15.11 Lump Sum Payment
Each employee who is employed in the bargaining unit as of January 1, 2024 will receive a five thousand ($5,000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.

EXHIBIT 2 754

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 45
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Union.

SECTION 19. DURATION OF AGREEMENT
All provisions of this Memorandum of Understanding shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including June 30, 2025.

EXHIBIT 2 755

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 46
SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this Memorandum of Understanding, through and inclusive of June 30, 2025, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing), against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has engaged in any activity prohibited by subsection (a) of this section. In addition, the City may take other action that it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.

EXHIBIT 2 756

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TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 47
APPENDIX A: City of Stockton’s New Medical Response Squad At such time when the department is sufficiently staffed to allow for the staffing of a Medical Response Squad, without incurring additional mandatory overtime within the department, the parties agree to reopen negotiations solely for the purpose of meeting and conferring over any negotiable impacts associated with adding a new Medical Response Squad.

EXHIBIT 2 757

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TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 48
APPENDIX B. COLA and Market Adjustments
Year 1- Effective the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6 7 8 9
Fire Captain 7,257.16 7,630.30 8,021.79 8,434.05 8,867.15 9,323.48 - - - COLA and MA year 1 (9.65%) 700.32 736.32 774.10 813.89 855.68 899.72 - - - Year 1 - Monthly Salary 7,957.47 8,366.62 8,795.89 9,247.93 9,722.83 10,223.19 - - - COLA and MA year 2 (3%) 238.72 251.00 263.88 277.44 291.68 306.70 - - - Year 2 - Monthly Salary 8,196.20 8,617.62 9,059.77 9,525.37 10,014.51 10,529.89 - - - COLA and MA year 3 (3%) 245.89 258.53 271.79 285.76 300.44 315.90 - - - Year 3 - Monthly Salary 8,442.08 8,876.15 9,331.56 9,811.13 10,314.95 10,845.78 - - -

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CITY OF STOCKTON 49
Year 3 - Monthly Salary 8,652.20 9,097.15 9,563.98 10,055.57 10,572.01 11,116.16 - - -

Fire Fighter (22 years) -
Admin 5,142.71 5,407.38 5,684.42 5,978.27 6,285.68 6,608.51 6,947.94 7,305.18 - COLA and MA year 1 (9.65%) 496.27 521.81 548.55 576.90 606.57 637.72 670.48 704.95 - Year 1 - Monthly Salary 5,638.98 5,929.20 6,232.96 6,555.17 6,892.25 7,246.23 7,618.42 8,010.13 - COLA and MA year 2 (3%) 169.17 177.88 186.99 196.66 206.77 217.39 228.55 240.30 - Year 2 - Monthly Salary 5,808.15 6,107.07 6,419.95 6,751.83 7,099.01 7,463.62 7,846.97 8,250.44 - COLA and MA year 3 (3%) 174.24 183.21 192.60 202.55 212.97 223.91 235.41 247.51 - Year 3 - Monthly Salary 5,982.39 6,290.28 6,612.55 6,954.38 7,311.98 7,687.53 8,082.38 8,497.95 -

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COLA and MA year 3 (3%) 215.34 226.39 238.05 250.26 263.12 276.64 - - - Year 3 - Monthly Salary 7,393.26 7,772.63 8,173.22 8,592.20 9,033.85 9,498.14 - - - Fire Fighter Engineer -
Admin 5,989.48 6,296.89 6,621.48 6,960.99 7,318.84 7,694.81 - - - COLA and MA year 1 (9.65%) 577.98 607.65 638.97 671.74 706.27 742.55 - - - Year 1 - Monthly Salary 6,567.47 6,904.54 7,260.45 7,632.72 8,025.11 8,437.36 - - - COLA and MA year 2 (3%) 197.02 207.14 217.81 228.98 240.75 253.12 - - - Year 2 - Monthly Salary 6,764.49 7,111.68 7,478.27 7,861.70 8,265.86 8,690.48 - - - COLA and MA year 3 (3%) 202.93 213.35 224.35 235.85 247.98 260.71 - - - Year 3 - Monthly Salary 6,967.43 7,325.03 7,702.61 8,097.55 8,513.84 8,951.20 - - - Fire Fighter Engineer (22
years) 6,911.65 7,266.30 7,640.82 8,032.50 8,445.37 8,879.42 - - - COLA and MA year 1 (9.65%) 666.97 701.20 737.34 775.14 814.98 856.86 - - - Year 1 - Monthly Salary 7,578.63 7,967.50 8,378.16 8,807.63 9,260.35 9,736.28 - - - COLA and MA year 2 (3%) 227.36 239.02 251.34 264.23 277.81 292.09 - - - Year 2 - Monthly Salary 7,805.99 8,206.52 8,629.50 9,071.86 9,538.16 10,028.37 - - - COLA and MA year 3 (3%) 234.18 246.20 258.88 272.16 286.14 300.85 - - - Year 3 - Monthly Salary 8,040.16 8,452.72 8,888.38 9,344.02 9,824.30 10,329.22 - - - Fire Fighter Engineer (22
years) - Admin 6,513.56 6,847.87 7,200.86 7,570.07 7,959.23 8,368.11 - - - COLA and MA year 1 (9.65%) 628.56 660.82 694.88 730.51 768.07 807.52 - - - Year 1 - Monthly Salary 7,142.12 7,508.69 7,895.74 8,300.59 8,727.30 9,175.63 - - - COLA and MA year 2 (3%) 214.26 225.26 236.87 249.02 261.82 275.27 - - - Year 2 - Monthly Salary 7,356.39 7,733.95 8,132.61 8,549.60 8,989.12 9,450.90 - - - COLA and MA year 3 (3%) 220.69 232.02 243.98 256.49 269.67 283.53 - - - Year 3 - Monthly Salary 7,577.08 7,965.97 8,376.59 8,806.09 9,258.79 9,734.43 - - -

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IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on the ______ day of_________, 2022 and by an affirmative vote of the Stockton City Council on _______________. The parties hereto have executed this Memorandum of Understanding this _______day of ___________,2022 .

STOCKTON PROFESSIONAL
FIRE FIGHTERS’ LOCAL UNION 456,
International Association of Fire Fighters City of Stockton ___________________________________ _________________________________

MARIO GARDEA HARRY BLACK
President City Manager
___________________________________

MICAH MORI
Fire Unit Representative
___________________________________ _________________________________ SCOTT WATKINS ALLISON U. DICHOSO
Fire Unit Representative Director of Human Resources
Approved as to form: Approved as to form:

RAINS LUCIA STERN, PC LORI M. ASUNCION, Acting City Attorney By: By:

________________________________ _________________________________ TIMOTHY TALBOT MARCI A. ARREDONDO
Attorney for the Association Deputy City Attorney

By:
_________________________________

BURKE DUNPHY
Negotiator for the City

ATTEST:
_________________________________

ELIZA GARZA
City Clerk
EXHIBIT 2 761

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON

FIRE SERVICES MANAGEMENT UNIT

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code sections 3500-3511) (“MMBA”) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours and other terms and conditions of employment for the period commencing July 1, 2022, and ending on June 30, 2025. This agreement shall supersede all other existing agreements on the matters set forth herein.

EXHIBIT 3
762

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON ii

TABLE OF CONTENTS
SECTION 1. RECOGNITION………………………………………………………….……….1
SECTION 2. UNION SECURITY……………………………………………………….……...2

2.1 Union Membership Dues and Payroll Deductions ........................................ 2

2.2 Use of City Facilities ..................................................................................... 3

2.3 Advance Notice ............................................................................................ 3

2.4 Attendance at Meetings by Employees/Release Time ................................. 4

2.5 New Hire Employee Orientation and Information Requirements .................. 4 SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT .………………………….5

3.1 Non-Discrimination/Equal Employment ........................................................ 5 SECTION 4. PROBATION .............................................................................................. 6 SECTION 5. LAYOFF...................................................................................................... 7

5.1 Layoff Scope ................................................................................................ 7

5.2 Notice of Layoff ............................................................................................ 7

5.3 Precedence by Employment Status ............................................................. 7

5.4 Employee Options ........................................................................................ 8 SECTION 6. REEMPLOYMENT ..................................................................................... 9 SECTION 7. DISCIPLINE .............................................................................................. 10 SECTION 8. GRIEVANCE PROCEDURES .................................................................. 11

8.1 Definition .................................................................................................... 11

8.2 Filing Deadline ............................................................................................ 11

8.3 Grievance Processing ................................................................................ 11

8.4 Scope of Arbitration .................................................................................... 12

8.5 Other Provisions ......................................................................................... 12 SECTION 9. LEAVES ................................................................................................... 14

9.1 Vacation Leave ........................................................................................... 14

9.2 Sick Leave .................................................................................................. 16

9.3 Other Leaves with Pay ............................................................................... 18

9.4 Workers' Compensation Leave .................................................................. 20 Exhibit 3 763

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CITY OF STOCKTON iii

9.5 Leaves of Absence ..................................................................................... 21

9.6 Leaves of Absence without Pay ............................................................... 222

9.7 Absence Without Official Leave (AWOL) .................................................... 22 SECTION 10. DAYS AND HOURS OF WORK ............................................................. 23

10.1 Workweek ................................................................................................ 23

10.2 Shift Trades .............................................................................................. 23

10.3 Staffing ..................................................................................................... 23 SECTION 11. OVERTIME ............................................................................................. 24

11.1 Overtime Authorization ............................................................................ 24

11.2 Fair Labor Standards Act (FLSA) Agreement .......................................... 24

11.3 Compensatory Time ................................................................................. 25

11.4 Fair Labor Standards Act ......................................................................... 25 SECTION 12. HOLIDAYS ............................................................................................. 27 SECTION 13. COMPENSATION OTHER THAN BASE SALARY ................................. 29

13.1 PERS Benefits for Unit Employees hired on or before 12/28/2012 .......... 29

13.2 PERS Benefits for Unit Employees hired on or after 12/29/2012 and before 01/01/2013 .................................................................................... 30

13.3 PERS Benefits for Unit Employees hired on or after 01/01/2013 ............. 30

13.4 Uniform Allowance ................................................................................... 31

13.5 Certificate Incentive Pay ........................................................................ 311

13.6 Emergency Medical Technician Certification ........................................... 31

13.7 Mileage Reimbursement for Private Vehicle Use ..................................... 32

13.8 Longevity Pay .......................................................................................... 32

13.9 Contagious Disease ............................................................................... 322

13.10 Specialty Assignment Pay ...................................................................... 33

13.11 Acting Pay .............................................................................................. 33

13.12 Call-Back Pay ......................................................................................... 33

13.13 Paramedic Certificate Pay ...................................................................... 33

13.14 Wellness-Fitness Program ..................................................................... 34

13.15 CalPERS Reportability ........................................................................... 34 Exhibit 3 764

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CITY OF STOCKTON iv

13.16 Lapse of Certification .............................................................................. 34 SECTION 14. INSURANCE PLANS .............................................................................. 35

14.0 Reopener Clause for Health Insurance .................................................... 35

14.1 Health Insurance and Welfare Related Benefits ...................................... 35

14.2 Long Term Disability ................................................................................. 36

14.3 Life Insurance .......................................................................................... 37

14.4 Retiree Medical Trust ............................................................................... 37

14.5 Survivors' Medical Benefit ........................................................................ 38 SECTION 15. SALARY PLAN ....................................................................................... 39

15.1 Salary Ranges .......................................................................................... 39

15.2 Salary Upon Appointment ........................................................................ 39

15.3 Salary Equivalents .................................................................................... 39

15.4 Salary Step After Military Leave ............................................................... 39

15.5 Salary Step When Salary Range is Increased .......................................... 40

15.6 Salary Step After Promotion or Demotion ................................................ 40

15.7 Salary on Reinstatement .......................................................................... 40

15.8 Salary Adjustments .................................................................................. 40

15.9 Bi-Weekly Pay Period ............................................................................... 41

15.10 Lump Sum Payment ............................................................................... 41 SECTION 16. SEPARABILITY OF PROVISIONS ......................................................... 42 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING .. 42 SECTION 18. SCOPE OF AGREEMENT ..................................................................... 42 SECTION 19. DURATION OF AGREEMENT ............................................................... 42 SECTION 20. MAINTENANCE OF OPERATIONS ....................................................... 42 APPENDIX A. COLA AND MARKET ADJUSTMENTS ................................................. 45 Exhibit 3 765

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CITY OF STOCKTON 1
SECTION 1. RECOGNITION

1.2 Union Recognition
Pursuant to Resolution No. 36,011, adopted by the Stockton City Council on February 14, 1979, Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, is the recognized employee organization representing the Fire Services Management Unit, hereafter referred to as the “Union.” Exhibit 3 766

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SECTION 2. UNION SECURITY

2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence of terms of the authorization.
(7) Deduction notifications will be provided to [email protected]. (8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier Exhibit 3 767

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if possible.
(a) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and, when made, shall continue until revoked by the Fire Chief.

Members of the Union are prohibited from using City equipment and/or time for their personal use.

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the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representatives designated by the City Manager.

2.5 New Hire Employee Orientation and Information Requirements (a) In accordance with the Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of the new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system:
(1) Name;
(2) Job title;
(3) Department;
(4) Work location;
(5) Personal cellular telephone numbers, including work and home; (6) Personal email addresses as provided by new hire employee; and (7) Home address.

The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

Exhibit 3 769

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 5
SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT

Exhibit 3 770

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 6
SECTION 4. PROBATION
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.

Exhibit 3 771

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 7
SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of their position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.

5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

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(b) Provisional
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class, except as specified above. For the purpose of this procedure, part time classes shall be considered separate from, and shall be laid off prior to, regular full-time classes. The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a regular status or probationary status shall count as service time.

Exhibit 3 773

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 9
SECTION 6. REEMPLOYMENT
When an employee in the classified service, whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily, is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list. Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur.
(a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee was demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or for a period of two (2) years from the date of separation due to layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.

The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have their name removed from the reemployment list, unless mutually agreed to by the Department and the employee.

If the changes listed above require Civil Service approval, the Association agrees to not object to these changes in the duration of reemployment lists consistent with this section.

Exhibit 3 774

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 10
SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in Section 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.

If the employee fails to do (b) or (c) above within the prescribed time frames, those rights will have been waived.

Lesser forms of disciplinary actions, such as written reprimands and transfers for purposes of punishment that do not involve loss of pay, may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FBOR) Informal Discipline Appeal Procedure.”
Exhibit 3 775

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 11
SECTION 8. GRIEVANCE PROCEDURES

For purposes of filing appeals and grievances, the City’s business days/hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding City-recognized holidays.

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writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.

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arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the arbitrator finds that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.

All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of Understanding shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) days from the date upon which the complaint was filed.

All grievances of employees in units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations requires that another option be available to the employee, no action under Section 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.

Exhibit 3 778

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 14
SECTION 9. LEAVES

Under 1.5 years 80 hours

1.5 – 7.5 years 108 hours

7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) 56-hour workweek employee:

Under 1.5 years 120 hours

1.5 – 7.5 years 162 hours

7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
Employees shall accrue vacation leave on a per pay period basis. (b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation leave until they are below the caps listed here. No vacation leave may be added to sick leave balances. (1) The maximum number of vacation hours that employees on a 40-hour workweek shall accrue are as follows:

Under 1.5 years 120 hours

1.5 – 7.5 years 240 hours

7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
Exhibit 3 779

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 15
(2) The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:

Under 1.5 years 300 hours

1.5 – 7.5 years 360 hours

7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) Longevity Vacation Allowance
(1) This program is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) Annual longevity vacation allowance accrual credited on January 1, 2011 shall be reduced by fifty percent (50%).
(d) Scheduling
(1) 48/96 Shift Schedule. The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with their management responsibility to control and direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of Accrued Vacation must be scheduled per year. The four (4) shift minimum is not required to be scheduled continuously and may be split into two (2) separate vacation periods of a minimum of two (2) consecutive shifts each.
b. Any Accrued Vacation that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.

Exhibit 3 780

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 16
(e) Vacation Allowance for Separated Employees. Employees separating from City service for any reason who have unused vacation leave shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay.

Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.

9.2 Sick Leave
(a) Accrual. All regular status employees on a forty (40) hour workweek schedule, except provisional, temporary, and part time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee. (b) Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.

Exhibit 3 781

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CITY OF STOCKTON 17
(d) Procedures for Requesting and Approving Sick Leave. The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.

When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request in writing authorization for such sick leave from the Fire Chief prior to such absence.

Exhibit 3 782

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 18
All officers and members of the Department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period. Sick leave may be granted for any period of time approved by the Fire Chief. (i) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the CalPERS contract provisions applicable to their employment.
(j) CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012 shall be eligible to convert up to two thousand and eighty (2080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
(k) Sick Leave Retention Benefit. After subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after July 1, 2015.

9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon their request, be granted up to three (3) days bereavement leave with pay and without charge to their accumulated sick leave or vacation leave. The City Manager may grant an additional two (2) days bereavement leave upon request, which shall be charged against the employee's accumulated sick leave in cases where extensive travel is required to attend the funeral. For the purposes of this section, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, Exhibit 3 783

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CITY OF STOCKTON 19
mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.

In the event of the death of a person not immediately related to an employee, as defined above, the employee's department head may grant up to three (3) days leave upon request, which shall be charged against the employee's accumulated sick leave.
(b) Court Appearance. Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving full pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) On-duty employees shall return to work immediately upon release from court.
(3) Absences from duty will be without pay when the employee appears in private litigation to which the City is not a party.
(4) Notwithstanding the foregoing, attendance in court or at a deposition in connection with an employee’s official duties for a case in which the City is a party, together with travel time and necessarily involved, shall not be considered in terms of actual hours spent performing those duties and paid as hours worked.
(c) Maternity Leave. Time off from work for pregnancy, childbirth, and related medical conditions will be covered as required by State and Federal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case and the time medically required to recuperate. Generally, a six (6) week recovery period after delivery is medically indicated.

Exhibit 3 784

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 20
(d) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.

9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, their duties, the employee shall become entitled, regardless of their period of service with the City, to a leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as they are retired on permanent disability pension.

If injury is claimed to be job-related or a recurrence of a previous job-related sickness or injury, it must be verified with a written physician's statement. Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence. The company officer should originate a "Supervisor's Report of Accident" form (Form 78). (a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(b) Accessibility and Reporting. All officers and members of the Department on leave for injury (job-related or non-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.

Exhibit 3 785

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 21
All officers and members of the Department on leave for injury (job-related or non-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period.
(d) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with State workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an onthe-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
Employees shall not be entitled to leaves of absences as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.

Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.

Authorized absences without pay that exceed thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, Exhibit 3 786

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CITY OF STOCKTON 22
based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leaves of Absence without Pay
(a) Purpose and Length. Only employees occupying positions on a regular status basis are eligible for leaves of absence without pay under the provisions of the section.

An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.

Exhibit 3 787

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 23
SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
Except in cases of conflagration, flood, or similar emergency, the basic workweek of any member of this unit shall not be more than fifty-six (56) hours per week, averaged over a twelve (12) week period. All working shifts will commence at 0800 hours, with the exception of the employees assigned to work in the Fire Department’s Administration Offices, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.

10.2 Shift Trades
Employees in this unit will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief.

Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.

10.3 Staffing
The City has management rights to determine staffing and the City will comply with applicable CalOSHA laws.

Exhibit 3 788

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 24
SECTION 11. OVERTIME

11.1 Overtime Authorization
All compensable overtime must be authorized by the department head or their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.

11.2 Fair Labor Standards Act (FLSA) Agreement
(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
(b) “Day shift employees” means Fire Management Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.).
(c) 24-hour Shift Employees.
(1) Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of one-hundred and eighty-two (182) hours in a 24 day work period.
(2) Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive three point one six (3.16) hours per pay period for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of 182 and 192 hours in a 24 day work period.
(d) For Day Shift employees, overtime shall be paid at the rate of time and one half (1-½) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Sick Leave, Bereavement Leave, Industrial Illness or Injury Leave (4850) taken within the work period 4850 leave begins or ends, and Jury Duty Leave shall also count as actual time worked. Vacation Leave, or other time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in Administrative assignments where holidays are observed only.

Exhibit 3 789

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 25

11.3 Compensatory Time
(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to, or in excess of, their normal work schedule. (b) Use. Such compensatory time must be taken during the work period in which it is earned and will be credited in accordance with Section 11.1 above. The accrual of compensatory time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that they are unable to take accrued compensatory time during the work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½) depending upon the number of hours worked by the employee during the work period consistent with Section 11.1 above. (c) Department Policy. Compensatory time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.

11.4 Fair Labor Standards Act
The City and the Union shall cooperate with each other to promptly resolve any issue that may arise during the term of this Memorandum of Understanding regarding compliance with the Fair Labor Standards Act. Any dispute which involves the interpretation or application of the Fair Labor Standards Act may be referred to the City Manager by the complaining party or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides.
(a) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work. Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment.

Exhibit 3 790

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 26
(b) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule conflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative.

Exhibit 3 791

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 27
SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this Memorandum of Understanding by the Fire Management Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section. The City observes the following holidays on the dates indicated:
(1) New Years Day (January 1)
(2) Martin Luther King’s Birthday (Third Monday in January) (3) Lincoln’s Birthday (Second Monday in February)
(4) Washington’s Birthday (Third Monday in February)
(5) Cesar Chavez Day (March 31-FLOATING)
(6) Memorial Day (Last Monday in May)
(7) Independence Day (July 4)
(8) Labor Day (First Monday in September)
(9) Columbus Day (Second Monday in October)
(10) Veterans’ Day (November 11)
(11) Thanksgiving (Fourth Thursday in November)
(12) The day following Thanksgiving (Fourth Friday in November) (13) Christmas Day (December 25)
(14) Birthday Holiday
(b) Effective July 1, 2021, 0.41% will be added to the suppression classifications on the salary schedule for the Birthday Holiday.
(c) Effective August 1, 2011, the differential for Administrative Positions in this unit in Section 13.12 will be increased by 6.34%.
(d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.

For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.

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holiday to be taken within sixty (60) calendar days, beginning on the day of the employee’s birthday.

Exhibit 3 793

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 29
SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement System (CalPERS) 3% at 50 local safety pension formula based on the single highest year.
(b) Additional CalPERS Benefits.
(1) The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to 2,080 hours (Government Codes Section 20965), Survivor Benefit Level 4 (Government Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code Section 21635), Continuation of Death Benefits After Remarriage (Government Code Section 21551), and Military Service Credit as Public Service and for Retired Person at the employees’ expense (Government Code Sections 21024 and 21027).
(2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this Memorandum of Understanding.
(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compensation as determined by state law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code Section 20691.
(d) EPMC Payrate Conversion. The City will cease paying the nice percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays their nine percent (9%) employee contribution on a pre-tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code section 20692. Instead of applying these section 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve month period prior to the effective Exhibit 3 794

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date of retirement. Employees who wish to select this option, shall indicate this on the City’s EPMC Authorization form provided by Human Resources. (e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012, agree to continue sharing the cost of the CalPERS 3% at 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than the nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll deduction. If during the term of this agreement legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employees share of retirement contribution thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible consistent with CalPERS regulations to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.

Employees shall continue contributing nine percent (9%) on a pre-tax basis toward the employee contribution for the pension benefits and are not subject to the Government Code Section 20516 Cost Sharing provision in Section 13.1(e) above.

13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013 without reciprocity (i.e., “new” members) the CalPERS 2.7% at 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.

Exhibit 3 795

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 31
Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal cost” as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code Section 20516 Cost Sharing provision in Section 13.1 (e) above.

13.4 Uniform Allowance
Effective after adoption of this Memorandum of Understanding, employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.5 Education Incentive Pay
(a) Employees who satisfy the education and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of the employee’s rank.
(b) Employees who satisfy the education and service requirements for an advanced education certification shall receive five percent (5%) of the top step of the employee’s rank.

13.6 Emergency Medical Technician Certification
Employees in this unit shall be responsible for maintaining EMT certification.

It is the policy of the Stockton Fire Department that all sworn employees assigned to line fire suppression activities and working in the rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (EMT) certification or face disciplinary procedures detailed below.

Each member shall secure EMT certification within one year of commencement of employment and maintain that certification throughout their career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.

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the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt or the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR training and certification by the Division of Training prior to assignment to line fire suppression activities.

Any disputes that result from this agreement shall be handled in accordance with the grievance procedures.

13.7 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle, employees in this unit will be reimbursed for actual mileage at the current rate established by the City.

13.8 Longevity Pay
(a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one-quarter percent (1.25%) of top step pay for their classification. (b) Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty-two (22) years of continuous employment with the City shall receive an additional one point six three percent (1.63%) of top step pay for their classification.

Exhibit 3 797

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 33

13.12 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after they have worked a scheduled shift and have departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½) of their regular rate of pay for time worked, whichever is greater.

13.13 Paramedic Certificate Pay
(a) The City shall compensate Battalion Chiefs who are San Joaquin County licensed and accredited Paramedics three percent (3%) of top salary step of rank.
(b) Continuing Education for Paramedics. Upon prior approval of the Fire Chief, the City will compensate members of the Fire Management unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in a two (2) year certification period.
(c) Administrative Captains that maintain a paramedic license and are assigned by the Chief to work on the line as a paramedic shall receive paramedic Exhibit 3 798

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incentive pay.
(d) Administrative Firefighters and Administrative Engineers that maintain a paramedic license and are able to work on the line as a paramedic shall receive paramedic incentive pay.

13.14 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
(a) Participation in the Wellness-Fitness Program is mandatory for the programs testing, evaluations, and daily physical training requirements. (b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. (d) Labor and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.

13.15 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of Understanding is outside the City’s control.

13.16 Lapse of Certification
An employee receiving an add pay under Section 13 of this Memorandum of Understanding, whose certification lapses, will not be eligible for the add pay and will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.

Exhibit 3 799

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 35
SECTION 14. INSURANCE PLANS

14.1 Health Insurance and Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus one (1) and Employee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Towards the Cost of Insurance Programs. (1) Effective the first full pay period following adoption by the City Council, the City shall contribute the following:
a. Up to $697 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,265 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,685 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

Exhibit 3 800

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 36
(2) Effective July 1, 2023, City shall contribute the following:
a. Up to $711 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,290 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,719 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective July 1, 2024, City shall contribute the following:
a. Up to $725 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,316 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,753 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.

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otherwise investing such payments pursuant to this section as it deems appropriate.

14.3. Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.

The Trust shall be and remain separate and apart from any Employer health insurance funding program.

Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a payroll deduction. This contribution amount shall be included in the above-referenced notice to the City. Individuals who attain regular status in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.

To the extent authorized by law, all contributions shall be made on a pre-tax basis.

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the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Management Unit members in the Trust.

Participation in the Trust shall be the complete and sole responsibility of the Union.

14.6 Nothing in this section shall be construed to create vested rights to benefits for employees or retirees after the expiration of this Memorandum of Understanding.

Exhibit 3 803

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 39
SECTION 15. SALARY PLAN

15.2 Salary Upon Appointment
Employees henceforth promoted to the classification of Battalion Chief will receive a five percent (5%) salary increase above current base pay salary on the salary schedule six (6) months after their advancement to the Battalion Chief classification, and may be moved in five percent (5%) increments by the Fire Chief annually until the top of the range is reached. Increases in excess of five percent (5%) may be granted upon recommendation of the Fire Chief and approval of the City Manager.

Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.

Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.

15.3 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for calculating payments for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

15.4 Salary Step After Military Leave
Upon returning to City service, all employees who have been granted military leave shall be entitled to the automatic salary advancements within the range/scale of the established salary range for their classifications for the period they were in the military service.

Exhibit 3 804

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 40

15.5 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

15.7 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation, unless there has been an increase within the salary range.

15.8 Salary Adjustments
(a) Effective upon the first full pay period following approval by the City Council on its regular agenda, in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, all bargaining unit classifications will receive a ten percent (10%) increase to base pay (comprised of a two percent (2%) COLA and an eight percent (8%) Market Adjustment).
(b) Effective July 1, 2023, all bargaining unit classifications will receive a three percent (3%) increase to base pay (comprised of a two percent (2%) COLA and a one percent (1%) Market Adjustment).
(c) Effective July 1, 2024, all bargaining unit classifications will receive a three percent (3%) increase to base pay (comprised of a two percent (2%) COLA Exhibit 3 805

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CITY OF STOCKTON 41
and a one percent (1%) Market Adjustment).

15.9 Bi-Weekly Pay Period
The City and the Association agree to move to a bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.10. Lump Sum Payment
Each employee who is employed in the bargaining unit as of January 1, 2024 will receive a five thousand ($5,000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.

Exhibit 3 806

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 42
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Union.

SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this Memorandum of Understanding, through and inclusive of June 30, 2025, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing) against the City, the individual or concerted failure to report for duty, or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining Exhibit 3 807

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CITY OF STOCKTON 43
unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has been engaging in any activity prohibited by subsection (a) of this section. In addition, the City may take other action that it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event any activity prohibited by subsection (a) occurs, the Union agrees to take any and all steps necessary to assure compliance with this Memorandum of Understanding.

Exhibit 3 808

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 44
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on ________,day of ________, 2022 , and by an affirmative vote of the Stockton City Council on ____________, 2022 . The parties hereto have executed this Memorandum of Understanding this _______day of ________, 2022 .

STOCKTON FIRE FIGHTERS’
LOCAL UNION 456
Fire Services Management Unit City of Stockton
___________________________________ _________________________________

MARIO GARDEA HARRY BLACK
President City Manager
_________________________________
MATT KNIERIM ALLISON U. DICHOSO
Fire Management Representative Director of Human Resources

Approved as to form: Approved as to form:

RAINS LUCIA STERN, PC LORI M. ASUNCION, Acting City Attorney By: By:

________________________________ _________________________________ TIMOTHY K. TALBOT MARCI A. ARREDONDO
Attorney for the Association Deputy City Attorney

By:
_________________________________

BURKE DUNPHY
Negotiator for the City
ATTEST:
_________________________________

ELIZA GARZA
City Clerk

Exhibit 3 809

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TERM: JULY 1, 2022 – JUNE 30, 2025

CITY OF STOCKTON 45

APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1- Effective the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Fire Battalion Chief 9,223.50 9,697.42 10,194.53 10,718.68 11,268.59 11,848.12 COLA and MA year 1 (10%) 922.35 969.74 1,019.45 1,071.87 1,126.86 1,184.81 Year 1 - Monthly Salary 10,145.85 10,667.17 11,213.98 11,790.55 12,395.45 13,032.93 COLA and MA year 2 (3%) 304.38 320.01 336.42 353.72 371.86 390.99 Year 2 - Monthly Salary 10,450.23 10,987.18 11,550.40 12,144.27 12,767.32 13,423.92 COLA and MA year 3 (3%) 313.51 329.62 346.51 364.33 383.02 402.72 Year 3 - Monthly Salary 10,763.74 11,316.80 11,896.91 12,508.60 13,150.34 13,826.64

Fire Battalion Chief (22 years) - Admin 8,834.42 9,288.43 9,764.63 10,266.75 10,793.54 11,348.69 COLA and MA year 1 (10%) 883.44 928.84 976.46 1,026.67 1,079.35 1,134.87 Year 1 - Monthly Salary 9,717.86 10,217.27 10,741.09 11,293.42 11,872.89 12,483.56 COLA and MA year 2 (3%) 291.54 306.52 322.23 338.80 356.19 374.51 Year 2 - Monthly Salary 10,009.40 10,523.79 11,063.32 11,632.22 12,229.08 12,858.07 COLA and MA year 3 (3%) 300.28 315.71 331.90 348.97 366.87 385.74 Year 3 - Monthly Salary 10,309.68 10,839.50 11,395.22 11,981.19 12,595.95 13,243.81 Exhibit 3 810
100‐000 General Fund Police Department 680,126 20,833 6,240 707,199 100‐115 General Fund ‐ Measure A Police Department 31,372 977 312 32,661 100‐000 General Fund Fire Department 3,062,712 492,861 50,170 3,605,742 100‐130 Emergency Communications Fund Fire Department 31,379 3,651 374 35,404 220‐225 Development Services Fire Department 81,120 8,545 936 90,601 200‐202 Measure WFire Department 458,010 79,674 7,800 545,484 Grand Total 4,344,719 606,541 65,832 5,017,091 100‐000 General Fund Police Department (2,441,872)
100‐000 General Fund Fire Department (412,028) 100‐000 General Fund Non‐Departmental (100,000) 100‐115 Measure A Police Department (650,069) Grand Total (3,603,969)

CITY OF STOCKTON
EXHIBIT 4
FY 2022‐23 Budget Amendment for MOU Changes Effective 7/1/2022 Fund
Number Fund Name
COLA and
Department Market Increase Overtime Health Total
Fund
Number Fund Name Department Vacancy Savings
EXHIBIT 4 811
City of Stockton
Legislation Text
File #: 22-0590, Version: 1

RESOLUTION APPROVING SUBMITTAL OF THE INTEGRATED REGIONAL WATER

MANAGEMENT IMPLEMENTATION GRANT PROGRAM APPLICATION TO THE DEPARTMENT

OF WATER RESOURCES

RECOMMENDATION
It is recommended that the City Council adopt a resolution approving submittal of a grant application to the Department of Water Resources for the Integrated Regional Water Management Implementation (IRWM) Grant Program.

It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution.

Summary
The California Department of Water Resources (DWR) is coordinating the IRWM Implementation Grant Program. IRWM is a collaborative effort that crosses jurisdictional, watershed, and political boundaries to manage water resources in California. The intent of this grant program is to improve regional water self-resilience and stimulate water agencies to collaborate in managing a region’s water resources to reduce reliance on the Sacramento-San Joaquin Delta.

The City of Stockton is one of the 16-member Groundwater Sustainability Agencies (GSA) that make up the Eastern San Joaquin Groundwater Authority (GWA). The GWA has an adopted Groundwater Sustainability Plan (GSP) including 41 projects that are eligible for the IRWM Grant Program funds.

The GWA grant application will support projects from the North San Joaquin Water Conservation District, San Joaquin County (Zone 2), and the City of Stockton. Each of the project proponents is required to adopt resolutions as Local Project Sponsors (LPS) to be included with the grant application. If approved by DWR, grant funding will be used for the design and construction of the Delta Water Treatment Plant Groundwater Recharge Improvements Project that is currently under development.

Staff recommends that the City Council adopt a resolution approving the submission of a $2,000,000 grant application and execute a LPS Cost Share Agreement, as part of the GWA combined grant application, to the DWR for the IRWM Implementation Grant Program.

DISCUSSION
Background
The IRWM Implementation Grant Program provides funding for implementation projects that meet the intent of Proposition 1, Chapter 7, also known as the Water Quality, Supply, and Infrastructure City of Stockton Page 1 of 3 Printed on 7/5/2022
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File #: 22-0590, Version: 1
Improvement Act of 2014. Proposition 1, Chapter 7, authorizes $7.545 billion in general obligation bonds to fund ecosystem, watershed protection and restoration, water supply infrastructure projects, including surface and groundwater storage, and drinking water protection. The DWR is managing the IRWM Implementation Grant Program and awarding grants in two funding rounds. Proposition 1 Round 2 solicitation will make approximately $192 million of the $7.545 billion available across the state for eligible implementation projects.

To apply for the IRWM Implementation Grant Program, project proponents such as the City of Stockton must coordinate participation through their established Integrated Regional Water Management Group (Regional Group), and the Regional Group must in turn coordinate with other groups within the Proposition 1 IRWM Funding Area. The City of Stockton is a member of the established Greater San Joaquin County IRWM Region (GSJC IRWM Region). The GSJC IRWM Region was granted roughly $6,500,000. The GSJC IRWM Region determined that the City of Stockton will be granted $2,000,000 of the $6,500,000 for the Delta Water Treatment Plant Groundwater Recharge Project.

Present Situation
The Eastern San Joaquin (ESJ) Subbasin has been designated by DWR as a Critically Over-drafted Basin, and the GWA is eligible to submit a grant application and accompanying spending plan on behalf of the ESJ Subbasin GSAs.

The GSJC IRWM Region needs to prepare a grant application to DWR for these funds. San Joaquin County will serve as the grantee and contract directly with DWR. The City of Stockton will be the LPS for the grant project and will contract directly with San Joaquin County with an LPS Cost Share Agreement (Exhibit 1 to the Resolution). The $2,000,000 is non-competitive and will become available to the City once the application is approved by the DWR. The two other LPS involved in this grant are San Joaquin County (Zone 2) and the North San Joaquin Water Conservation District.

With Council approval, the Municipal Utilities Department staff will prepare and submit a grant application for up to $2,000,000 as part of the Greater San Joaquin IRWM Region grant application package to the DWR for the Proposition 1 Round 2 IRWM Implementation Grant Program. If approved by DWR, grant funding will be used for the design and construction of the Delta Water Treatment Plant Groundwater Recharge Improvements Project that is currently under development.

Staff recommends that the City Council adopt a resolution to approve the submission of a $2,000,000 grant application and execute a LPS Cost Share Agreement as part of the GWA combined grant application package, to the DWR for the IRWM Implementation Grant Program.

FINANCIAL SUMMARY
City-specific application preparation activities will be funded by the City. Funding to support joint application preparation activities is estimated to be $9,000 and will be split evenly between the City of Stockton, San Joaquin County (Zone 2) and the North San Joaquin Water Conservation District.

Furthermore, grant administration activities will be supported by the City and may be up to 6% of the amount awarded to the City. The amount to be awarded to the City is estimated to be $2,000,000.

Grant funding will be available in fiscal years 2022-23 through 2026-27. Financial participation in the City of Stockton Page 2 of 3 Printed on 7/5/2022
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File #: 22-0590, Version: 1
grant activities will be reviewed and approved under the annual Municipal Utilities Department budgeting process.

There is no impact to the General Fund, or any other unrestricted fund, from this action.

City of Stockton Page 3 of 3 Printed on 7/5/2022
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814
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING SUBMITTAL OF THE INTEGRATED REGIONAL WATER

MANAGEMENT IMPLEMENTATION GRANT PROGRAM APPLICATION TO THE

DEPARTMENT OF WATER RESOURCES
The Integrated Regional Water Management (IRWM) Implementation Grant Program provides funding for implementation projects that meet the intent of Proposition 1, Chapter 7, also known as the Water Quality, Supply, and Infrastructure Improvement Act of 2014; and
Proposition 1, Chapter 7 authorizes $7.545 billion in general obligation bonds to fund ecosystems and watershed protection and restoration, water supply infrastructure projects, including surface and groundwater storage, and drinking water protection; and To apply for the IRWMP Implementation Grant Program, project proponents such as the City of Stockton must coordinate participation through their established Integrated Regional Water Management Group (Regional Group), and the Regional Group must in turn coordinate with other groups within the Proposition 1 IRWM Funding Area; and The City of Stockton is a member of the established Greater San Joaquin County IRWM Region (GSJC IRWM Region); and
The GSJC IRWM Region was granted roughly $6,500,000 from the IRWM Implementation Grant Program; and
The GSJC IRWM Region determined that the City of Stockton may apply for $2,000,000 of the $6,500,000 for the Delta Water Treatment Plant Groundwater Recharge Project; and Grant application preparation activities are estimated to be $9,000 and will be split evenly between the City of Stockton, San Joaquin County, and the North San Joaquin Water Conservation District; and
Grant administration activities may be up to 6% of the amount awarded to the City; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. That an application be made by the County, on behalf of the City of Stockton, to obtain a grant under the IRWM Implementation Grant Program - Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1, Chapter 7), and if such grant funding 815
is awarded, to enter into an agreement to receive said grant funds to be used in the manner described in the grant agreement.

2. Authorize and direct the County, or designee, to compile the necessary data and investigations, file such application, and, if grant funds are awarded, to execute the grant agreement and all documents related to the grant agreement with DWR.

3. Agree to the Local Project Sponsor Cost Share Agreement for $3,000, and the City Manager is authorized and directed to execute the same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

4. The City Manager or designee is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED July 12, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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1 LOCAL PROJECT SPONSORS COST SHARE AGREEMENT
REGARDING THE 2021 INTEGRATED REGIONAL WATER MANAGEMENT IMPLEMENTATION GRANT – ROUND 2 - APPLICATION COSTS
This Agreement is entered into by and between the County of San Joaquin (County) and the following Local Project Sponsors (LPSs):

City of Stockton
North San Joaquin Water Conservation District (NSJWCD)
County Service Area 12 (CSA 12)
Rancho San Joaquin Maintenance District (RSJMD)
RECITALS:

A. WHEREAS, in 2002, the California Legislature passed legislation creating the Integrated Regional Water Management (IRWM) Planning Act of 2002; and B. WHEREAS, the Integrated Regional Water Management Planning Act of 2002 requires regional water management groups to prepare and adopt a regional plan that addresses programs, projects, reports or studies relating to water supply, water quality, and flood protection; and
C. WHEREAS, the County, Catholic Charities of the Diocese of Stockton Environmental Justice, Central Delta Water Agency, City of Lodi, City of Stockton, North San Joaquin Water Conservation District, Reclamation District No. 2074, Stockton East Water District, Sierra Club Delta-Sierra Group, South Delta Water Agency, City of Stockton, and South San Joaquin Irrigation District formed the Greater San Joaquin County Regional Water Coordinating Committee (Committee); and
D. WHEREAS, the Committee developed the 2020 Addendum to the Eastern San Joaquin Integrated Regional Water Management Plan Addendum in compliance with the IRWM Program; and
E. WHEREAS, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) was passed by the voters of California on November 4, 2014; and F. WHEREAS, the Committee selected three projects of the LPSs named above to include in an application (Grant Application) for the 2021 Integrated Regional Water Management Implementation Grant – Round 2 (Grant) Program.

G. WHEREAS, the County Water Resources Division staff serve as staff to the Committee and will accomplish the following activities:
a. Manage the contract with Woodard and Curran, Inc. to compile the Grant Application; and
EXHIBIT 1 817
2 b. Coordinate efforts of Woodard and Curran and the LPSs regarding the preparation of the Grant Application; and
c. Cooperate on the Grant Agreement with the California Department of Water Resources (DWR) should the Grant Application be approved, and funding awarded through the Grant.

H. WHEREAS, the County is responsible for the costs of San Joaquin County Water Resources Division staff time for the above-referenced efforts with San Joaquin County Flood Control and Water Conservation District Water Investigation Zone No. 2 (Zone 2) funds.

I. WHEREAS, the County is eligible to apply for grant funding under Proposition 1 for the implementation of eligible projects for its participants and the LPSs have agreed the County should serve as the Grant Applicant for purposes of the Grant Application, provided there is an agreement regarding sharing of costs.

J. WHEREAS, the County has requested that the LPSs share a portion of costs of the Woodard and Curran contract and some of the County staff costs related to the Grant and the LPSs are willing to do so on the terms set forth herein.

K. WHEREAS, the County has further requested that the LPSs share the costs of grant administration related to the Grant Agreement, should the Grant be awarded, including negotiation of the Grant Agreement with DWR and other administration tasks under the Grant Agreement thereafter until conclusion of all activities under the Grant Agreement, and the LPSs are so willing to share these costs on the terms and conditions of this Agreement.

Therefore, for mutual consideration including the terms and conditions set forth herein, the parties agree as follows:

AGREEMENT

1. County Tasks: The County shall perform the following tasks either directly or through contract with Woodard and Curran:
a. Contract with Woodard and Curran for preparation of the Grant Agreement and required activities for administration pursuant to the Grant Agreement. b. Prepare and submit Grant Application.
c. Negotiate Grant Agreement with DWR.
d. Prepare and submit reports as required under the Grant Agreement. e. Prepare and submit reimbursement requests and documentation as required under the Grant Agreement.
f. Collect, hold, account for and distribute funds from DWR distributed under the Grant Agreement.

EXHIBIT 1 818
3 2. Grant Application Costs: The following costs will be shared by the LPSs equally:
a. Woodard and Curran Contract for Grant Application: County has contracted with Woodard and Curran to assist with preparation and submittal of the Grant Application, as set forth in Exhibit A, for a cost of $9,000.00. The LPSs (with the two County LPSs counted as one for purposes of this cost split) will each pay one-third of this cost ($3,000).
i. County will pay these costs from Zone 2 and then send written requests for reimbursement under this agreement, along with all supporting documentation, to the LPSs at the following email addresses:

1. NSJWCD: [email protected]

2. City of Stockton: [email protected]

3. County Service Area 12/ Rancho San Joaquin Maintenance District: [email protected]
Each LPS will submit payment by check made payable to San Joaquin County Flood Control and Water Conservation District and mailed to Water Resources Manager, 1810. E. Hazelton Ave, Stockton, CA, 95205 within 60 days after receiving the reimbursement request. All reimbursements will be deposited into the Zone 2 fund.
b. County may incur staff costs related to preparation and submittal of the Grant Application. County will not seek reimbursement from the LPS for these costs.

3. Grant Administration Costs:
a. The parties contemplate the following Grant Administration Costs will be covered by this Agreement:
i. Woodard and Curran: Costs incurred for Woodard and Curran services related to grant administration.
ii. County Staff costs: Costs incurred for County staff time related to grant administration.
b. The parties agree to include a Task in the Grant Application for Grant Administration equal to 4.5% of the total LPS Project Costs, based on the following estimates:

NSJWCD: $110,000 (3.6%)
City of Stockton: $110,000 (5.5%)
RSJMD/CSA 12: $ 51,000 (3.4%)
TOTAL: $271,000 (4.5%)
c. County will fund all Grant Administration Costs subject to this Agreement from Zone 2 and seek full reimbursement from DWR through the Grant Administration Task.

EXHIBIT 1 819
4 d. County and each LPS will use their best efforts to keep administrative costs to a minimum to preserve grant funds for the LPS projects.
e. Each LPS shall be responsible for providing timely, complete, and accurate information regarding their respective projects to County and Woodard and Curran for all administrative tasks. Costs incurred by County and Woodard and Curran for a specific LPS project that (1) exceed normal range due to untimely, incomplete, or inaccurate information from the LPS; or (2) are unique to a specific LPS or Project (such as a Grant Agreement amendment for a particular project) will be billed directly to the LPS outside of this Agreement. f. County and Woodard and Curran will keep detailed time sheet records of time charged related to this Agreement and submit these records to the LPSs quarterly.

4. Authority: By signing below, each signatory represents that they have full authority to enter into this Agreement from their respective organization.

5. Amendment: This Agreement may be amended only in writing signed by all the Parties.
[SIGNATURES ON NEXT PAGE]
EXHIBIT 1 820
5 NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT
_______________________________ Date:______________________ By:__Joe Valente_________________
Its:__Board President______________

CITY OF STOCKTON
_______________________________ Date:________________________ By:_Harry Black_________________
Its:_City Manager________________
COUNTY SERVICE AREA 12 and RANCHO SAN JOAQUIN MAINTENANCE DISTRICT _______________________________ Date:______________________ By:_Kris Balaji______________ ____
Its:_Director of Public Works__ _____

SAN JOAQUIN COUNTY
_______________________________ Date:______________________ By:_Kris Balaji____________ ______
Its:_Director of Public Works ______
EXHIBIT 1 821
City of Stockton
Legislation Text
File #: 22-0554, Version: 1

ADOPT A RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT

BETWEEN SAN JOAQUIN COUNTY AND THE CITY OF STOCKTON, FOR CALIFORNIA ASSEMBLY BILL 109 (AB 109) FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE, AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership Task Force;

2. Authorize the City Manager to accept $1,356,782 in Fiscal Year (FY) 2022-23 Police Grant Funds as Fiscal Agent for the law enforcement agencies of San Joaquin County; and

3. Approve an amendment to the FY 2022-23 Annual Budget to increase the Police Grants and Special Programs San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $1,356,782; and

4. Authorize the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution.

Summary
The San Joaquin County Community Corrections Partnership (CCP) Task Force supports prison realignment through use of a Problem-Oriented Policing (POP) model. The Task Force focuses on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders. The Task Force services each of the cities within San Joaquin County throughout the year based on identified needs. This Agreement for $1,356,782 will fund the salary and benefits of the core Task Force team, as well as some training and overtime activities. Funds for the Task Force are provided by State AB 109 Public Safety Realignment funding allocated by the CCP.

DISCUSSION
Background
AB 109 was intended to reduce the state’s prison population by shifting the responsibility of certain felons to local government. Implementation of AB 109 began in October 2011 and resulted in an increased number of offenders returning to local communities. After the implementation of AB 109, City of Stockton Page 1 of 2 Printed on 7/5/2022
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File #: 22-0554, Version: 1
the City of Stockton and other cities within the County experienced an increase in crimes committed by previous offenders. Combined with reduced revenue, budgets, and staffing, local law enforcement has been challenged with adequately maintaining public safety services to members of the community.

The Marshall Plan on Crime is a guiding document that looks at public safety challenges from a broader perspective than a single entity such as a city. The Task Force was established and funded through the San Joaquin County’s CCP AB 109 funding beginning in October 2012. The initial Task Force consisted of a core group staffed by a Stockton Police Department (SPD) Sergeant, and Officers from Tracy, Lodi, and Manteca. The Task Force coordinates with other efforts resulting from the Marshall Plan on Crime and continues to be a valuable component in the overall mission to address crime and accomplish the City Council’s goal of increasing public safety.

There is an existing Memorandum of Understanding (MOU) outlining the operational goals of the Task Force; through this document, the Task Force maintains the flexibility to respond to the needs of each community within San Joaquin County. Task Force members can function as a team that moves from one city to another, or as an individual Officer in their home agencies.

Present Situation
The Task Force is comprised of a core group funded through this Agreement with San Joaquin County. A proposal for AB 109 funding in the amount of $1,356,782 was submitted and included in the San Joaquin County Public Safety Realignment Plan for FY 2022-23, to fund the core Task Force from Stockton, Lodi, San Joaquin County Sheriff’s Department, and Manteca (Attachment A). The SPD was notified on March 9, 2022, that the CCP Executive Committee approved the proposal for full funding of the core members of the Task Force. State funds for a multi-agency justice system plan are now allocated to counties, and cities will no longer receive funds directly.

FINANCIAL SUMMARY
City General Funds are not used to support the Task Force. The SPD brings forward special revenue funding such as these for City Council approval outside the annual budget process due to the specific appropriation actions needed. The San Joaquin County Public Safety Realignment FY 2022-23 Budget proposal includes $1,356,782 allocated for the Task Force. Revenue and expenditure appropriation, both in the amount of $1,356,782, are requested as part of the approval of the Agreement. Revenue and expenditures will require an increase in appropriation to the FY 2022-23 Police Other Special Revenue fund, Reimbursements subfund, Investigations division and Special Investigation program (P021001).

Task Force services provided by the outside agencies are invoiced to the City on a quarterly basis.

Those services covered by the AB 109 allocation are then processed for reimbursement from San Joaquin County through the City’s miscellaneous receivables process.

Attachment A - Independent Contractor Agreement San Joaquin County City of Stockton Page 2 of 2 Printed on 7/5/2022
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INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY
BOARD AGREEMENT # A-22-______
BOARD ORDER # B-22-______
CONTRACT AMOUNT: $1,356,782.00
PARTIES: COUNTY: County of San Joaquin
Purchasing & Support Services
44 N. San Joaquin Street
Suite 540
Stockton, CA 95202-2931
With copies to: County of San Joaquin
DEPARTMENT: PROBATION
575 W. Mathews Road
French Camp, CA 95231
Steve Jackson
(209) 468-4070
[email protected]
CONTRACTOR City of Stockton
22 E. Market Street
Stockton, CA 95202
James Chraska, Interim Chief of Police
209-937-8218
[email protected]
With copies to: City of Stockton
City Manager’s Office
425 N. El Dorado Street
Stockton, CA
ATTACHMENT A 824
Agreement/Contract: City of Stockton
FY: 2022-2023

Page 2 of 13 ends

City Council and Concurrent AuthoritiesJuly 12, 2022

City Council and Concurrent Authorities
July 12, 2022