Agenda packet — City Council and Concurrent Authorities, September 27, 2022 (part 2 of 6)

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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 cer tification 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 (1) 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 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.

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.

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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
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 ha ve 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.

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.

13.12 Deputy Fire Marshal Series
(a) Employees assi gned 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

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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 wi th 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 three- quarters (4.75%) based on the association’s agreement in prior Memoranda of Understanding 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

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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 fitne ss of members of the Department.

13.17 CalPERS Reportability
The City makes no repr esentation as to whether any of the compensation or payments in this M emorandum 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 und er this M emorandum 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 M emorandum 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.

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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) 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 elig ible 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 July 1, 2022, 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.
(2) Effective July 1, 2023, the City shall contribute the following:

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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 e mployee 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 pu rchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.

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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 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 liabil ity 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.

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.

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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 da mages 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 s hall 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.

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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, 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 s alary 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) There shall be nine (9) salary steps for the classification of Firefighter. There shall be six (6) salary steps in each range for the cl assifications 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 abo ve 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 a n employee has not achieved the level of performance required, notice must be received by the City Manager at least

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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, employe es 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 subje ct 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.

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(m) Salary step increases shall be effective the first day of the pay period following appointment or revision. If the da te 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.

15.6 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
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 schedul e 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

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time of their separation unless there has been an increase within the salary range.

15.9 Salary Adjustments

(a) Effective July 1, 2022, all bargaining unit classifications will receive a nine point six five percent (9.65%) increase to base pay (comprised of a two percent (2%) COLA and a seven point six five percent (7.65%) Market Adjustment).

(b) Effective July 1, 2023, all bargaining unit classifications will receive a three four percent (34%) increase to base pay (comprised of a two percent (2%) COLA and a one two percent (12%) Market Adjustment).

(c) Effective July 1, 2024, all bargaining unit classifications will receive a three four percent (34%) increase to base pay (comprised of a two percent (2%) COLA and a one two percent (12%) 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 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.

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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. 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 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.

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.

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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, th rough 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 faithfu l 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.

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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.

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APPENDIX B. COLA and Market Adjustments
Year 1- Effective 7/1/22;
Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24

Steps

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 - - -

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 - - -

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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 -

ATTACHMENT C

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

CITY OF STOCKTON 50

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 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 - - -

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 - - - - - - - -
Steps

1 2 3 4 5 6 7 8 9

ATTACHMENT C

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

CITY OF STOCKTON 51

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 7,957.48 8,366.62 8,795.89 9,247.94 9,722.83 0,223.20 - - - COLA and MA year 2 (4%) 318.30 334.66 351.84 369.92 388.91 408.93 - - - Year 2 - Monthly Salary 8,275.77 8,701.29 9,147.73 9,617.85 10,111.74 10,632.12 - - - COLA and MA year 3 (4%) 331.03 348.05 365.91 384.71 404.47 425.28 - - - Year 3 - Monthly Salary 8,606.81 9,049.34 9,513.64 10,002.57 10,516.21 11,057.41 - - -

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 (4%) 299.97 315.40 331.58 348.63 366.53 385.40 - - - Year 2 - Monthly Salary 7,799.31 8,200.40 8,621.20 9,064.36 9,529.87 10,020.39 - - - COLA and MA year 3 (4%) 311.97 328.02 344.85 362.57 381.19 400.82 - - - Year 3 - Monthly Salary 8,111.28 8,528.41 8,966.05 9,426.93 9,911.07 10,421.20 - - -

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 10,573.57 11,117.72 - - - COLA and MA year 2 (4%) 346.15 363.95 382.62 402.29 422.94 444.71 - - - Year 2 - Monthly Salary 8,999.90 9,462.65 9,948.14 10,459.43 10,996.51 11,562.43 - - - COLA and MA year 3 (4%) 360.00 378.51 397.93 418.38 439.86 462.50 - - - Year 3 - Monthly Salary 9,359.90 9,841.16 10,346.06 10,877.80 11,436.37 12,024.93 - - -

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 9,965.13 10,478.04 - - - COLA and MA year 2 (4%) 326.22 343.00 360.60 379.13 398.61 419.12 - - - Year 2 - Monthly Salary 8,481.75 8,917.93 9,375.57 9,857.48 10,363.74 10,897.17 - - - COLA and MA year 3 (4%) 339.27 356.72 375.02 394.30 414.55 435.89 - - - Year 3 - Monthly Salary 8,821.02 9,274.65 9,750.60 10,251.78 10,778.29 11,333.05 - - -

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 5,502.38 5,785.52 6,082.59 6,396.17 6,725.00 7,070.33 7,433.43 7,815.58 COLA and MA year 2 (4%) 209.33 220.10 231.42 243.30 255.85 269.00 282.81 297.34 312.62 Year 2 - Monthly Salary 5,442.56 5,722.47 6,016.94 6,325.90 6,652.02 6,994.00 7,353.14 7,730.76 8,128.20 COLA and MA year 3 (4%) 217.70 228.90 240.68 253.04 266.08 279.76 294.13 309.23 325.13 Year 3 - Monthly Salary 5,660.26 5,951.37 6,257.62 6,578.93 6,918.10 7,273.76 7,647.27 8,039.99 8,453.33

ATTACHMENT C

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

CITY OF STOCKTON 52

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 (4%) 197.26 207.41 218.09 229.29 241.11 253.51 266.53 280.22 294.63 Year 2 - Monthly Salary 5,128.83 5,392.68 5,670.21 5,961.44 6,268.86 6,591.20 6,929.73 7,285.66 7,660.27 COLA and MA year 3 (4%) 205.15 215.71 226.81 238.46 250.75 263.65 277.19 291.43 306.41 Year 3 - Monthly Salary 5,333.98 5,608.39 5,897.02 6,199.89 6,519.61 6,854.85 7,206.92 7,577.08 7,966.68

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%) 526.62 553.72 582.15 612.17 643.64 676.69 711.44 748.01 - Year 1 - Monthly Salary 5,983.84 6,291.75 6,614.82 6,955.85 7,313.45 7,688.99 8,083.85 8,499.43 - COLA and MA year 2 (4%) 239.35 251.67 264.59 278.23 292.54 307.56 323.35 339.98 - Year 2 - Monthly Salary 6,223.20 6,543.42 6,879.42 7,234.08 7,605.98 7,996.55 8,407.20 8,839.41 - COLA and MA year 3 (4%) 248.93 261.74 275.18 289.36 304.24 319.86 336.29 353.58 - Year 3 - Monthly Salary 6,472.12 6,805.16 7,154.59 7,523.44 7,910.22 8,316.41 8,743.49 9,192.99 -

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 5,929.19 6,232.97 6,555.17 6,892.25 7,246.23 7,618.42 8,010.13 - COLA and MA year 2 (4%) 225.56 237.17 249.32 262.21 275.69 289.85 304.74 320.41 - Year 2 - Monthly Salary 5,864.54 6,166.36 6,482.29 6,817.38 7,167.94 7,536.08 7,923.15 8,330.54 - COLA and MA year 3 (4%) 234.58 246.65 259.29 272.70 286.72 301.44 316.93 333.22 - Year 3 - Monthly Salary 6,099.12 6,413.01 6,741.58 7,090.08 7,454.66 7,837.52 8,240.08 8,663.76 -

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 8,098.98 8,515.27 8,952.90 - - - COLA and MA year 2 (4%) 278.75 293.06 308.16 323.96 340.61 358.12 - - - Year 2 - Monthly Salary 7,247.61 7,619.51 8,012.20 8,422.94 8,855.88 9,311.02 - - - COLA and MA year 3 (4%) 289.90 304.78 320.49 336.92 354.24 372.44 - - - Year 3 - Monthly Salary 7,537.52 7,924.29 8,332.69 8,759.86 9,210.11 9,683.46 - - -

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 6,567.46 6,904.54 7,260.45 7,632.73 8,025.11 8,437.36 - - - COLA and MA year 2 (4%) 262.70 276.18 290.42 305.31 321.00 337.49 - - - Year 2 - Monthly Salary 6,830.16 7,180.72 7,550.87 7,938.03 8,346.11 8,774.85 - - - COLA and MA year 3 (4%) 273.21 287.23 302.03 317.52 333.84 350.99 - - -

ATTACHMENT C

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

CITY OF STOCKTON 53

Year 3 - Monthly Salary 7,103.37 7,467.95 7,852.91 8,255.56 8,679.96 9,125.85 - - -

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 7,578.62 7,967.50 8,378.16 8,807.64 9,260.35 9,736.28 - - - COLA and MA year 2 (4%) 303.14 318.70 335.13 352.31 370.41 389.45 - - - Year 2 - Monthly Salary 7,881.77 8,286.20 8,713.29 9,159.94 9,630.76 10,125.74 - - - COLA and MA year 3 (4%) 315.27 331.45 348.53 366.40 385.23 405.03 - - - Year 3 - Monthly Salary 8,197.04 8,617.65 9,061.82 9,526.34 10,015.99 10,530.76 - - -

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 8,300.58 8,727.30 9,175.63 - - - COLA and MA year 2 (4%) 285.68 300.35 315.83 332.02 349.09 367.03 - - - Year 2 - Monthly Salary 7,427.80 7,809.04 8,211.57 8,632.61 9,076.39 9,542.66 - - - COLA and MA year 3 (4%) 297.11 312.36 328.46 345.30 363.06 381.71 - - - Year 3 - Monthly Salary 7,724.92 8,121.40 8,540.04 8,977.91 9,439.44 9,924.36 - - -

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 (4%) 209.33 - - - - - - - - Year 2 - Monthly Salary 5,442.56 - - - - - - - - COLA and MA year 3 (4%) 217.70 - - - - - - - - Year 3 - Monthly Salary 5,660.26 - - - - - - - -

ATTACHMENT C

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

CITY OF STOCKTON 54

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. DICHOSOROSEMARY
RIVAS
Fire Unit Representative Interim 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

ATTACHMENT C

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

CITY OF STOCKTON 55

ATTACHMENT C

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

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 Understa nding, 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 in to 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 unde rsigned 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.

ATTACHMENT D

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 .......................................................................................... 1010 SECTION 8. GRIEVANCE PROCEDURES .............................................................. 1111

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 ............................................................................................... 1414

9.1 Vacation Leave ....................................................................................... 1414

9.2 Sick Leave .............................................................................................. 1616

9.3 Other Leaves with Pay ............................................................................... 18

9.4 Workers' Compensation Leave .............................................................. 2020

ATTACHMENT D

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

CITY OF STOCKTON iii

9.5 Leaves of Absence ................................................................................. 2121

9.6 Leaves of Absence without Pay ............................................................. 2222

9.7 Absence Without Official Leave (AWOL) ................................................ 2222 SECTION 10. DAYS AND HOURS OF WORK ......................................................... 2323

10.1 Workweek ............................................................................................ 2323

10.2 Shift Trades .......................................................................................... 2323

10.3 Staffing ................................................................................................. 2323 SECTION 11. OVERTIME ......................................................................................... 2424

11.1 Overtime Authorization ........................................................................ 2424

11.2 Fair Labor Standards Act (FLSA) Agreement .......................................... 24

11.3 Compensatory Time ............................................................................. 2525

11.4 Fair Labor Standards Act ..................................................................... 2525 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 ............................................................................... 3131

13.5 Certificate Incentive Pay ...................................................................... 3131

13.6 Emergency Medical Technician Certification ....................................... 3131

13.7 Mileage Reimbursement for Private Vehicle Use ................................. 3232

13.8 Longevity Pay ...................................................................................... 3232

13.9 Contagious Disease ............................................................................. 3232

13.10 Specialty Assignment Pay .................................................................. 3333

13.11 Acting Pay .......................................................................................... 3333

13.12 Call-Back Pay ..................................................................................... 3333

13.13 Paramedic Certificate Pay .................................................................. 3333

13.14 Wellness-Fitness Program ................................................................. 3434

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

ATTACHMENT D

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

CITY OF STOCKTON iv

13.16 Lapse of Certification .............................................................................. 34 SECTION 14. INSURANCE PLANS .......................................................................... 3535

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

ATTACHMENT D

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

CITY OF STOCKTON 1

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, S tockton 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.”

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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 un less 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 15 th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the C ity on January 15 th, 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

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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.

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 d esignated 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 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 im plement 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 sh all be provided with

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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.

2.4 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 reason able 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 thi s purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such emp loyee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual a greement, the number of employees excused for release time related to meeting with City management on meet and confer and grievanc e matters shall not exceed three (3) per recognized bargaining unit.

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 advanc e 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.

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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, 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.

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SECTION 4. PROBATION
All promotional Fire Department appointme nts 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, a fter 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

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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.

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) Displacing the employ ee 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 ab sence 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 Ci vil 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, whi ch 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.

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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 applic able 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

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 s from the meeting and conferring process.

8.2 Filing Deadline
No grievance involving demotion, susp ension, 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.

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 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 Unio n’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

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writing, detailing the specific issues in volved 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.

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 definit ion 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 a rbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.

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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 p rocess, 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 f or 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 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 complai nt 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.

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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) 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) 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

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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 vacat ion 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.

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(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 eigh t (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, wo rking 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 enti tled 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 pregnanc y, 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.

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(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 lea ve 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.

(e) Doctor's Certificate o r Other Proof. If an employee's illness results i n 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.

(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 o n 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 t o this rule shall only be made with the permission of the attending physician and Fire Chief.

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

(h) Return to Duty. Upon availability for return to duty, the employee shal l 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,

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mother-in-law, father -in-law, child, stepchild, brother, sister, brother -in-law, sister-in-law, grandparent, and grandchild.

(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 specifical ly 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.

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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 the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is or dered to duty shall be granted leave with pay while engaged therein, provi ded 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, Mar ine 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 r einstated 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 , 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.

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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 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
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 classif ication 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.

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 in cluded in determining salary adjustment rights,

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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 twel ve (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 Hu man 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 o r the Fire Chief’s representative to evaluate the request. Leaves without pay may be canceled by the Fire Department at any time.

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.

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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 hours, with the exception of the employees assigned to work in the Fire Department’s Administration Offices, Fire Prevention Bureau emplo yees, 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 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.

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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 hour s 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 det ermines that they are unable to take accrued compensatory time during the work period in which it is earned, pay for such t ime shall be provided at straight time or time and one half (1 -½) depending upon the number o f 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 re presentative 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 ri ghts 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.

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(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 pr ovided 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.

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SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this M emorandum 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.

There is no cash va lue 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 position s that observe holidays, the department head , with due consideration for the wishes of the employee, may authorize the birthday

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holiday to be taken within six ty (60) calendar days , 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) 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

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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 contr ibuting 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.

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 bargaini ng unit emp loyees 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 enhance d benefits except for statutorily required enhancements .

Employees shall continue contributing nine percent (9%) on a pre -tax basis toward the employee contribution for the pension benefits and are not subject t o 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 th ree (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 be nefit 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 EM T 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.

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

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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 o r 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.

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 w ithin 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 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.

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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 classificatio n 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 they have worked a scheduled shift and ha ve 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

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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 c hoosing 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 o f 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 M emorandum of Understanding is outside the City’s control.

13.16 Lapse of Certification
An employee receiving an add pay under Section 13 of this M emorandum of Understanding, whose certification lapses, will not be eligible for the add pay and will be subject to reassignment. Reinst atement of the add pay will commence upon recertification.

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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 elig ible 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 employ ee 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 July 1, 2022, 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.
(2) Effective July 1, 2023, City shall contribute the following:

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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.

These contributions are based on full -time employment; regular status 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 contributio n 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) 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. 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 f or its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.

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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.

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 contribution s 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 law s. 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.

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.

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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.

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 expecta ncy 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.

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 t o the Trust. The City has no fiduciary duty with respect to the Trust.

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).

14.6 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.

ATTACHMENT D

FIRE MANAGEMENT UNIT SUCCESSOR MOU
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.

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 clas sification 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 c onverting 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 advancem ents within the range/scale of the established salary range for their classifications for the period they were in the military service.

ATTACHMENT D

FIRE MANAGEMENT UNIT SUCCESSOR MOU
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, ea ch 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 sha ll 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 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.

15.7 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 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 four percent (34%) increase to base pay (comprised of a two percent (2%) COLA and a one two percent (12%) Market Adjustment).

ATTACHMENT D

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

CITY OF STOCKTON 41

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.

ATTACHMENT D

FIRE MANAGEMENT UNIT SUCCESSOR MOU
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 19. DURATION OF AGREEMENT
Upon its adoption by the Stockton City Council, this Memoran dum 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 2025.

ATTACHMENT D

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

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 t heir 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.

ATTACHMENT D

FIRE MANAGEMENT UNIT SUCCESSOR MOU
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 ROSEMARY
RIVAS
Fire Management Representative Interim 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

ATTACHMENT D

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

CITY OF STOCKTON 45

APPENDIX A. COLA AND MARKET ADJUSTMENTS

Year 1- Effective 7/1/22;
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

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

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

ATTACHMENT D

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

CITY OF STOCKTON 46

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 10,667.16 11,213.98 11,790.55 12,395.45 13,032.93 COLA and MA year 2 (4%) 405.83 426.69 448.56 471.62 495.82 521.32 Year 2 - Monthly Salary 10,551.68 11,093.85 11,662.54 12,262.17 12,891.27 13,554.25 COLA and MA year 3 (4%) 422.07 443.75 466.50 490.49 515.65 542.17 Year 3 - Monthly Salary 10,973.75 11,537.60 12,129.04 12,752.66 13,406.92 14,096.42

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 (4%) 382.48 402.14 422.75 444.49 467.30 491.33 Year 2 - Monthly Salary 9,944.48 10,455.53 10,991.57 11,556.78 12,149.76 12,774.66 COLA and MA year 3 (4%) 397.78 418.22 439.66 462.27 485.99 510.99 Year 3 - Monthly Salary 10,342.26 10,873.75 11,431.24 12,019.05 12,635.75 13,285.65

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 10,311.22 10,841.05 11,396.76 11,982.74 12,597.50 13,245.36 COLA and MA year 2 (4%) 412.45 433.64 455.87 479.31 503.90 529.81 Year 2 - Monthly Salary 10,723.67 11,274.69 11,852.63 12,462.05 13,101.40 13,775.18 COLA and MA year 3 (4%) 428.95 450.99 474.11 498.48 524.06 551.01 Year 3 - Monthly Salary 11,152.62 11,725.68 12,326.73 12,960.53 13,625.45 14,326.19

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 1,026.68 1,079.35 1,134.87 Year 1 - Monthly Salary 9,717.86 10,217.27 10,741.09 11,293.43 11,872.89 12,483.56 COLA and MA year 2 (4%) 388.71 408.69 429.64 451.74 474.92 499.34 Year 2 - Monthly Salary 10,106.58 10,625.96 11,170.74 11,745.16 12,347.81 12,982.90 COLA and MA year 3 (4%) 404.26 425.04 446.83 469.81 493.91 519.32 Year 3 - Monthly Salary 10,510.84 11,051.00 11,617.57 12,214.97 12,841.72 13,502.22

ATTACHMENT D

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE OFFICERS’

ASSOCIATION AND AMENDMENT TO THE PREVIOUSLY APPROVED

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

The H uman Resources Department along with the negotiating team, met and conferred with officials of the Stockton Police Officers’ Association (SPOA). The SPOA employee unit ratified an agreement for a successor Memorandum of Understanding on September 12, 2022 by a majority vote of their members. The City of Stockton and the Stockton Police Officers’ Association have in good faith completed their meet and confer obligation regarding their successor Memorandum of Understandings; and

Additionally, the Human Resources Department 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 tentative agreement s for successor Memorand a of Understanding and reduced the agreements 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 s on June 27, 2022 by a majority vote of their members . The Memoranda of Understanding w ere approved by resolutions 2022-07-12-1206 and 2022-07-26-1222; 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 Officers’ Association is attached hereto as Exhibit 1 and incorporated by this reference.

2. Amendments to the previously approved 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 are attached hereto as Exhibits 2, 3, and 4 and incorporated by this reference.

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

4. The City Manager is hereby authorized and directed to increase expenditure appropriation in the annual budget for Fiscal Year 2022-2023, as necessary to carry out the intent of the agreements as shown in Exhibit 5.

5. 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 September 27, 2022 .

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

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

MEMORANDUM OF UNDERSTANDING BETWEEN THE STOCKTON POLICE

OFFICERS ASSOCIATION AND CITY OF STOCKTON
TERM: July 1, 2022 – June 30, 2025
EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 2

TABLE OF CONTENTS
Section 1. Recognition ................................................................................................... 3 Section 2. Union Rights .................................................................................................. 4 Section 3. Compliance With Local, State & Federal Laws .............................................. 7 Section 4. Probationary Period ....................................................................................... 8 Section 5. Layoff .......................................................................................................... 10 Section 6. Reemployment/Reinstatement .................................................................... 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 ..................................................................................................... 32 Section 13. Compensation and Allowances Other Than Base Salary .......................... 34 Section 14. Insurance Plans ......................................................................................... 41 Section 15. Salary Plan ................................................................................................ 45 Section 16. Residency .................................................................................................. 50 Section 17. Severability of Provisions .......................................................................... 50 Section 18. Past Practices and Existing Memoranda Of Understanding ...................... 50 Section 19. Scope Of Agreement ................................................................................. 50 Section 20. Duration ..................................................................................................... 50 Section 21. Maintenance Of Operations ....................................................................... 51 Section 22. City Rights ................................................................................................. 52 Section 23. Conditional Agreement Re: Plan Support And Treatment Of Claims ........ 53 Section 24. Conclusiveness ......................................................................................... 57 APPENDIX A. COLA and Market Adjustments ............................................................ 58

EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 3

This agreement (the “Agreemen t” o r “MOU”) is made and entered into as of _______________ by and amo ng the City of Stockton, Califor nia (the "City" or "Stockton") and th e S tockton Poli ce Offic ers Assoc iation (“SPOA”), sometimes collectively referred to as the “Parties.”

SECTION 1. RECOGNITION

1.1 City Recognition

The City Manager or any pers on or organization duly au thorized by the City Manager, is the representative of t he City of Stockton, hereinafter referred to as the "City" in empl oyer-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 Officers' Association, hereinafter r eferred t o as t he "Association" is the recognized employee organiz ation for the Police Officers' Unit, certified pursuant to Resolution No. 32,548, adopted by the City Counc il on August 11, 1975.

EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 4
SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions

(a) In acco rdance wi th the Senate Bill (SB) 866, the parties agree to the following process for making, canceling, or changing payroll deductions for Union membership union dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requi rement of (SB) 866 t he City will deduct the monthly Union membership dues, initiation fees, assessments, and payments for membership benefits programs sponsored by the Un ion from the salary or wages of all bargaining unit employees who v oluntarily authorize such deductions, and pay such amounts to the Union.
(1) All employee requests to can cel o r change membership dues deductions shall be directed to the Union.
(2) The City shal l rely upon written notification from the Union for any and all employee requests to c ancel or change payroll deductio ns 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 i s 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 re quired to provide a copy of i ndividual employee authorizations to the City unless a di spute 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 Ci ty prior to the 15th of the mo nth will be processed no later than the first pay pe riod of the second month. Example: Union notifie s the C ity o n January 15th, the deduct ions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in tim e due to pay period processing constraints. The City will make every effort EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 5
to process earlier if possible.
(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless ag ainst 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 New Hire Employee Orientation and Information Requirements

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 cont aining the fol lowing 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 a t least every 120 days for all bargaining unit members.

2.3 Use of City Facilities

(a) The Associa tion shall be allowed by the Cit y department in which it represents employees' use of space on available bulletin bo ards for communications having to do wit h official Associat ion business, such as times and plac es of meetings, provided such use does not in terfere with the needs of the department.
(b) Any representative of the Association shall give notice to the departm ent head or their designated repr esentative when con tacting department employees on City facilities dur ing the duty period of the employee s, provided that solicitation fo r membersh ip or other in ternal Association business shall be conducted during the non-duty hours of all employees concerned. Prearrangeme nt for routine contact may be made with the Police Chief and when made shall continue until revoked by the Chief. (c) City buildings and other facilities may be made available for use by City EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 6
employees of the Association or their represe ntatives in accorda nce with such administrative procedu res a s may be e stablished by the City Manager or department heads concerned.

2.4 Attendance at Meetings by Employees/Association Release Time

Release Time Related to M eet and Confer . City employees w ho are official representatives of the Association shal l be given reasonable time off with pay , in accordance with M MBA, to attend meeti ngs with Ci ty m anagement representatives, or be present at administrative hearings where matters within the scope of rep resentation or grie vances related to this unit are bein g considered.

The use of release time for this pu rpose shall be reasonable and sh all not interfere with the performance of City services as determined by the City. Such employee representatives shall submit a request for an excused absence to their department h ead in a manner satisfactory prior to the sche duled meetin g whenever possible. The number of employees excused for release time related to meeting with City management on meet and confer and gri evance matters shall not exceed five (5), except by mutual agreement.

EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 7
SECTION 3. COMPLIANCE WITH LOCAL, STATE & FEDERAL LAWS

3.1 The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for em ployment because of ag e (over 40), r ace, color, religio n (creed), na tional ori gin (ancestry), military or veteran status, phys ical and mental disability, medical condition, genetic information, marital status, sexu al orienta tion, sex ( gender bas ed including, pregnancy , childbirth, breastfeeding or r elated medical conditions ), gender identity/expression, political affiliation, legitimate Association activity, or any other protected trait as determined by federal, state and/or local law.

3.2 The Association shall cooperate with the City in th e objectiv es of Equal Employment Opportunities as required by law.

3.3 The Association shall cooperate with the City in the object ives of the Fai r Labor Standards Act.

EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 8
SECTION 4. PROBATIONARY PERIOD

4.1 Purpose

The probationar y period s hall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new em ployee to their position, and f or elimina ting any probationary employee whose p erformance does not meet the required standards of work.

4.2 Original Entrance Positions

The City agrees that it shall adhere to all applicable Ci ty Ordinances, State and Federal laws rela ting to the em ployment of Pol ice Officers, including standards established by the Peace Officers' Stand ards and Traini ng Di vision of the California Department of Justice.

All ori ginal entrance positions shall be te ntative and su bject to a probationary period of eighteen (18) months. The probationary period for entrance p ositions shall not be extended.

4.3 Promotional Positions

All promotional police appointments shall be subject to a probationary period of twelve (12) m onths. The proba tionary period for police promoti onal positions shall not be extended.

4.4 Retention/Rejection of Probationer

The Direc tor of Human Re sources shall notify the appointing authority at least four (4) weeks prior to the termina tion of any probationary period. At the end of the probation ary p eriod, if the service of the probationary employ ee h as been satisfactory to the appointing authority, then 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 in the service is desired.

During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee rejecte d during the probationary period following a promo tional ap pointment shall be reinstated to the position f rom which they were promoted unless charges are filed and they are discharged in the man ner provided in the City Charter Article X XXII Section 9, Civil Service Ordinance and Civil Service Rules.

EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 9

4.5 Probationer Advanced To Higher Rank

Any promotional probationary police employee who is advanc ed to a high er classification or is appointed t o the rank of Chief of Police or Deputy Ch ief of Police shall receive credit t owards their promotional probationary period for th e lower rank while serving in the higher probationary or appointive rank.

EXHIBIT 1

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SECTION 5. LAYOFF

5.1 Layoff

Any employee may be lai d off by an appointing authority in the event of the abolition of their position by the City Council, or if a shortage of wor k 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 wr itten 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 probat ionary status are r etained in the same classification as such regular status employee. The order o f layoff among employees n ot having regular status shall be according to the foll owing categories:

(a) Extra help or seasonal
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(b) Provisional
(c) Temporary
(d) Probationary

Layoffs shall be by job classification accord ing to service in that class, except as specified ab ove. For the purpose of this procedu re, part-time cl asses shall b e 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 ex tra 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.

If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ e xamination results and r anking on t he same eligibility list upon which the employees were subsequently hired.

5.5 Employee Options

Employees laid off shall have any of the following choices:
(a) Displacing the employee in the sa me department and in the s ame or clearly comparable classification as determined b y the Director of Human Resources as having the le ast seniority in that classification. Th is option shall be exercised before any other option.
(b) Taking a voluntary demoti on within the department t o a classification in which the employee had prior regular status, thus displacing the employee working in that c lassification who has t he leas t senior ity in that classification. Th e voluntary demotee's seniority in the classification to which demoted shall be determined by the demotee's dates of hire in the lower classification.

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SECTION 6. REEMPLOYMENT/REINSTATEMENT

6.1 Reemployment

When an employee in the classified service who has been performing their duties in a satisfactory manner, as shown by the records of the departmen t in which they have been employed, is laid off because of lack of funds or abol ition of their position or has been on authorized leave of a bsence and i s ready to report for duty when a position is open, the Civil Service Commission shall cause the name of such employee to be place d on a reemployment list for the appropriate c lass for reemployment consistent with Civil Service Rule VI I Certification and Appointment pertaining to Police safety positions, currently in effect.

The order in which names shall be plac ed on the reemployment list for any class shall be by seniority, which means "last-laid off, first rehired." In filling vacan cies, eligibles on the ree mployment lists take p recedence over eligibles on any other list for the same rank in the department for which the lists apply.

6.2 Reinstatement on a Reemployment List

A regular status employee who has resigned in good standing may, with the recommendation of the Police Chief, the City Manag er, and the approval of the Civil Service Commission, be restored to a reemployment list of th e same classification held upon resignation within a period of one (1) year from the effective date of their resignation.

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

The app ointing a uthority may discharge, suspen d, or de mote any e mployee in t he classified service provided the City Charter provisions and the Rules and Regul ations of the Civil Service Commi ssion and a ny applicable provision s of law are followed. Such provisions allow the employee suspended, demoted, or discharged to file an app eal to the Civil Service C ommission. The employee may take any one (1) of the fol lowing actions:
(a) File no appeal.
(b) File an appeal with the Civ il Service Commission wi thin ten (10) business days of writ ten notification of the action. (Suc h filing wi ll foreclose use of the grievance procedure.)
(c) File a grievance as provided for in Section 8 starting at step two (2) with the Director of Human Resources within ten (10) business days of written notification o f the action, or fourteen (14) b usiness da ys following the mailing o f a written notice by first -class mail to the employee' s address contained in their official personnel records.

For purposes of this sub section, "business day" means a d ay on which the Human Resources Department is open for business to the public.

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

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SECTION 8. GRIEVANCE PROCEDURES

8.1 Definition

A grievanc e is any dis pute which involves the interpretat ion or application of those r ules, regulations , and resolutions which have been or ma y hereafter be adopted by the City Council to govern personnel pra ctices and working conditions, including such rules and regulations 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

No grievance involving demotion, susp ension, discharge , or other emplo yment penalty will be entertained u nless it is filed in writin g with the Director of Human Resources within ten (10) b usiness days of the date of receipt of writt en notification of such action, or within fourteen (14) business days following mailing of written notification by first-class mail to the employee's addre ss contained in their official personnel records.

For purposes of this subsection, "business day" shall mean a day on which the Human Resources Department is open for business to the public.

8.3 Grievance Processing

(a) Step 1 - Departmental Revi ew. Any employee claiming t o have a grievance may discuss the complaint with such management official in the department where employed as the departm ent head may desi gnate. If the issue is no t resolved within the d epartment within seven (7) business days from the day of presentation, or if the employee elects to submit the grievance di rectly to the Association recognized as the representative o f that employee ’s classification, the proc edures h ereinafter s pecified may be invoked.
(b) Step 2 - Director of Human Resources Review . Any employee or any official of the Association may noti fy the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possib le, the nature of the determination des ired. The Director of Human Resources shall have twenty (20) business days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory reso lution of the prob lem. No g rievance m ay be processed under the following tw o paragraphs which has not first been filed and investigated in accordance with this paragraph except for the resolution of EXHIBIT 1

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compensation complaints.
(c) Step 3 - City Mana ger Revi ew. Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the complainant or by the Director of Human Resources.

Such refe rral shall be in writing, detai ling the specific issues involved in the referral together with a statement of the reso lution desired. The C ity 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 complain ant, and if the complainant is not the As sociation, to meet also with the officials of the Association and to settle the grievance or to make recommendations to the City Manager.

Failure to complete this step within sixty (60) calendar days shall result in the g rievance automatically proceeding to ste p four (4) of t he grievance procedure.
(d) Step 4 - Arbitration. Either the Association or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual ag reement between the Associa tion and the City M anager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, h owever, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. (e) Effect of Decisio n. The decisio n of the arbitrator on matters properly before them shall be final and binding on the parties hereto ex cept a s provided otherwise herein.

8.4 Scope of Arbitration

No arbitrator shall entertain, hear, dec ide or make recommendations on a ny dispute unle ss such dispute involves a position in a unit represented by the Association and u nless such dispute falls within the de finition of a gri evance as set forth in section 8.1.

Proposals to add to or change t his Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or t erminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arb itration under this Section. No arbitrator selected pursuant to this Section shall ha ve the power to amend or mo dify t his Memo randum of Understanding or written agree ments o r addenda supplemen tary her eto or to establish any new terms or conditions of employment.

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No chan ges in this Memorand um of Understanding or interpre tations thereof (except interpretations resulti ng from the arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association.

8.5 Other Provisions

If th e Direc tor of Human Resources , in pursuance of the procedures outlined above, or the City Manager in purs uance of the p rovisions outlin ed above, resolve a griev ance which involves susp ension 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 i s referred to arbitration a nd the arbitrator finds that the City had cause to take the a ction complained o f, the a rbitrator m ay 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 ma y not assess any penalty upon the City.

All complaints involving or concerning the paym ent of compensation sh all be initially filed in wri ting with the City M anager. Only complaints which allege the employee is not being compens ated in accordance with the provisions of this Memorandum o f Understand ing shall b e considered as grievanc es. Any other matters of comp ensation are to b e resolved i n t he meeting and co nferring process, and if not detailed in the Memorandum of Understandin g which results from such m eeting and conferring process sh all be deemed withdrawn until the meeting and co nferring process is next open for such decision . No adjust ment shall be retroa ctive for more than thirty (30) days from the date upon which the complaint was filed , except in cases where the City determines that the basi s of the compensation issue was a r esult of a clerical error, th e adjustment shall be no more than three hundred a nd sixty-five (365) days from the date upon which the complaint was filed.

The provisions of th is Section shall not abridge any rights to which an employee may be entitled und er the C ity Charter, nor shal l it be administer ed in a mann er which would abrog ate any power w hich, under the City Charter, may be within the sole province and discretion of the Civil Service Commission.

All grievances of employees represented by the Associati on shall be proces sed under this Section. If the City Charter requires that a differing option be available to the employee, no action under parag raph (d) of subsection 8.3 above shall be taken unless it is determined that th e employee is not availing themselves of such 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 EXHIBIT 1

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the complaint or grievance is pending before the Civil Service Commission.

If any award by an arbitrator requi res action by the C ity Council or the Civil Service Commission b efore it can be placed in e ffect, the City Manager and the Director of Human Resou rces w ill r ecommend to t he City Council or the Civil Service Commission, as appropriate, that it follow such award.

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SECTION 9. LEAVES

9.1 Sick Leave

(a) Accrual. All reg ular status employees, 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, except provisional, temporary, and part-time employees, wor king less than a full month shall accrue sick leave on a pr orated basis. Unused si ck le ave shall accumulate from year to year. Employee s shall continue to accrue sick leave while off duty on authorized sick lea ve; provided, however, an employee shall not accrue sick leave during an y leav e or lea ves 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 em ployee may use sick leave f or pre ventive medical, dental, o ptical care, illness, in jury, or exposu re to con tagious disease , which incapacitates them from performing their duties. This includes disabilities caused or contr ibuted to by pregnan cy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Usage for Family . Employees may utilize fifty perce nt (50%) of their annual accrued sick leave to attend to cases of illne ss or injury in the employee's immediate family.

For the purpose s of this section , immediate fami ly is de fined as the employee’s parents, spouse, registered domestic part ner, child (child as defined as biological, step, foster or adopted child; a legal wa rd; child of domestic partner; a child to whom the employee stan ds in loco parentis) , legal dependent, brother, sister, mot her-in-law, father -in-law, brother-in- law, sister-in-law, grandparent, and grandchild.
(d) Procedures for Requesting and Approving S ick Leave . When the requirement for sick leave is known to the employee in advance of their absence, t he employee shall request authorization fo r such sick leave from the department head prior to such absence. In all other instances, the employee shall notify their supervisor as promptly a s possible of their absence.

Before an employee may be paid f or the use of acc rued sick leave, they EXHIBIT 1

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shall complete and submit to their department head a signed statement, on a prescribed form, stating the da tes and hours of absenc e, type of sick leave to be used , and s uch other information as is n ecessary for the request to be evaluated. If an empl oyee does not return to work prior to the preparation of the pay roll, other arrangements may be made with the approval of the department head.
(e) Doctor's Certificate or Other Proof . The Police Chi ef or designee may require a doctor’s certificate or ot her reasonable proof of illness as they deem necessary in order for an employee to receive an excused ab sence from work and sick leave pay. The employee shall be given notice prior to returning to work that they will be required to provide such documentation.

Employees who have unscheduled ab sences du e to illnes s on a scheduled work day preceding or following a holiday may be requi red to bring a doctor’s certificate or other re asonable proof of illness in order to receive an excused absence and sick leave pay.
(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 ph ysician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave . Except as prov ided in section (h), a ll sick leave sha ll have no cash value upon separation of e mployment, and employees shall not be allowed to cash out unused sick leave. Current employees sh all be eligible for Cal PERS s ervice c redit for unused sick leave at retirement . Employees hired aft er the City amend s its CalPERS contract to eliminate service credit for unused sick leav e shall not be eligible for that service credit. Effective July 1, 2016, the City will begin to pay the PERS .351% Cost Pick-Up for Credit for U nused Sick Leave for those members hired on or before August 16, 2013.
(h) Sick Leave Retention Benefit . After subtracting the equivalent of one full year of service credit (2080 hours), wh ich may be applied to CALPERS service credit, any balance r emaining upon separatio n shall be paid as follows to em ployees who h ave remaine d in C ity service until the date s specified:

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(1) Separation prior to J uly 1, 2014, no p ayment of unused sick leave at separation shall occur for separating employees before this date; (2) Separation between J uly 1, 2014 and June 30, 2015, p ayment of unused sick le ave which the employee held on February 16, 2012 shall be p aid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, pay ment of unused s ick leave which the employee held on February 16, 2012 shall be p aid at fifty percent (50%) of its cash value to separating e mployees after this date.
(4) Service cr edit for unused sick leave shall be in a ccordance with PERS regulations.

9.2 Military Leave

An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corp s or force of t he Federal Military, Naval, or Marine servic e and is ordered t o d uty shall be gran ted leave with pay while engaged therein, provided the le ave does not exceed thirty (30) days in any calendar year.

All regular status employees in the service of the City shall be allowed leave of absence with out pay for the durat ion of a nat ional 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 Sta te of California. Said employees shall be reinstated in the position they held when they were inducted into Military Service, except as hereinafter s tated, providing they are physically fit as shown by a medical examinati on by the City Physician or other physician appointed to make a medical examination.

In the case of a pro bationary emp loyee having served their minimum probationary period of eighte en (18) months a t the time of induction, it shall be optional with the d epartment head and the City Manage r to gr ant regular status to said employee before induction.

All probationary employees i nducted into Military Service not having serv ed the minimum p robationary peri od of eigh teen (18) months, or having served the minimum probationary period of eighteen ( 18) months, but no t having received regular status shall be allowed leave of absence without pay for the duration of a national emerge ncy, but said em ployees shall be placed at the head of the EXHIBIT 1

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eligible list for such positi on in the order of their seniority of emp loyment and when appointed to a vacant position, t hey mu st be ph ysically fit as ab ove 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 posit ion sh all be r eemployed according to th eir seniorit y o f employment, providing they are physically fit as above specified.

9.3 Court Appearance

Upon approval by the department head, an employee, oth er than a provi sional, part-time, or t emporary employee, shall be permi tted 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:
(a) Said absence from duty will b e compensated for a ctual hours the employee serves on the jury or is required to remain in court to testify as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition o f receiving such full pay, the employee must remit to the City Treasurer, through the employee's department h ead, within fifteen (15) days af ter receip t all fees rece ived except those specifically allowed for mileage and expenses.
(b) Jury duty or witness duty appearances shall be c onsidered i n term s of actual hours spent performing those duties. 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 schedu le. If an employee is required to appear for morning court session and is released before noon and not required to re turn to cour t in the after noon, they shall work the remainder of their usual afternoon schedule.
(c) 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 allo wed, except for reimbursement of expenses incur red, shall be remitted to the City Treasurer through the emplo yee's department head.

Notwithstanding the f oregoing, 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 a party, together w ith travel time necessarily involved, shall not be considered absent from duty with in EXHIBIT 1

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the meaning of this Section.

9.4 Bereavement Leave

In th e event of a death i n the immediate family of an emp loyee, the empl oyee shall, upon request, be granted up to t hree (3) days bereavement leave wi th pay without charge to their accumulated sick leave credits or vacation eligibility. The City Mana ger may gr ant an additiona l three (3) days bereavement lea ve upon request which shall be charged against the emplo yee's accumulated sick leave credits in cases where extensive travel is required to attend the funeral.

For the purposes of this Section, th e immediate family shall b e restricted to the employees’ parents, spouse, registered domestic partner, child (child as defined as biological, step, foster, or adopted child; a legal ward; child of domestic partner; a child to whom the employee stands in loco parentis), legal dependent, brother, sister , mother-in-law, father -in-law, 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 empl oyee's department head may grant up to three (3) days bereavement leave upon request which shall be charged against the employe e's accumulated sick leave credits.

9.5 Workers’ Compensation Leave

Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures a nd in acc ordance with s tate workers ’ compensation regulations. An employee who sustains a work-related inj ury or illn ess 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 illn ess requiring medical care is required to seek medical care at facilitie s designated by the City unless they have filed a p re-designation of a personal phys ician pr ior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.6 Leave 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.

Unless otherwise provided, the gran ting of a leave of absence also gran ts to the employee the right to return to a positi on in the same classification or equivalent classification as the employee held at the time l eave was granted. The g ranting of any leave of ab sence shall be based on th e presumption that the employee EXHIBIT 1

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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 M anager, whose ruling shall be final.

Employees on authorized l eaves of ab sence without pay shall not be entitled to payment by the Ci ty o f the p remiums for their hea lth and den tal insurance, except as provided hereinafter.

The ent itlement to Ci ty payment o f premiums shall end on th e last day of the month in which the employee was paid except those employees on an authorized leave of abse nce may continue enrollment in the City hea lth insurance p lan 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 det ermining 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 receivin g Workers' Compensation benefits shal l be included i n computing length of service for the purpose of determining that employee's salary adjustments.

9.7 Leave of Absence Without Pay

(a) Purpose and Length. On ly employees occupying reg ular status positions on a permanent basis are eligible for leaves of absence without pay under the provisions of this Section.

An appointing authori ty may grant a 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 inju ry which are not j ob-incurred may be granted for a maximum period of twelve (12) months with approval of the Di rector 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 af ter all accrued sick 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 em ployee must submit a request on the EXHIBIT 1

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prescribed form to their department head and the City Manager describing the re asons for th e reque st and all oth er informa tion required f or the department head, or their representative, to evaluate the request. Leaves without pay may be canceled by the department head at any time.

9.8 Absence Without Leave

(a) Refusal of L eave or Fai lure t o 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 departm ent head or City Manager, or at the expiration of a leave, shall be cons idered an absence without leave.
(b) Voluntary Resignation . Any employee of this bargaining u nit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of either sixteen (16) hours or twenty (20) hours in any calendar month wit hout a sa tisfactory expla nation as approved by the Director of Human Resources shall be deemed to h ave voluntarily resigned from the City of Stockton except if the absence is due to a verified illness or injury.

9.9 Vacation Leave

(a) Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave with pay semi-monthly in accordance with the following schedule:

Less than 1½ years continuous employment ........................ 80 hours/year After 1½ years up to 7½ years ............ ……………………… 108 hours/year After 7½ years up to 15 years .............................................. 144 hours/year After 15 years up to 25 years ............................................... 189 hours/year

Seven (7) additional hours hence for each completed year of service in excess of twenty-five (25) years.

Effective as soon as administratively possible following adoption of this contract by the City Council, but n o late r than D ecember 31, 2022, employees will accrue vacation based on th eir initial P.O.S.T. certification date if that date is earlier than their most recent hire date with the City.

This change shall apply on a going forward basis only. Employees are responsible for informing the City of their initial P.O.S.T. certification date if it differs from their most recent hire date with the City. (b) Vacation Accumulation. Effective July 1, 2012, the following maximum EXHIBIT 1

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vacation accruals sh all tak e eff ect. Employees reaching the maximu m hours provided here shal l stop accruing additional vacation hours until they are below the caps listed he re. No vacation hours may be added to sick leave balances without exception.

Employees who , on July 1, 201 2, have vacation bal ances that exceed th eir maximum shall have unt il June 30, 2013 to use sufficient vacation satisfy the maximum allowed. If an e mployee does not satisfy the maximum by June 30, 2013, they shall retain their existing earned v acation, but s hall n ot ea rn any additional vacation until the employee’s vacation balance is under the maximum vacation accrual allowed.

The max imum number of vaca tion ho urs that emplo yees o n 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

(c) Vacation Schedule . The time at which emplo yees shall be granted vacation leave shall be at the discretion of the department head with due regard for the wishes of the employee and needs of the City. (d) Vacation Allowance for Separated Employees
(1) An eli gible employee separati ng from City servic e for any reason who has unused vacation time sha ll be paid for such vacation tim e 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 th e unused vacation h ours shall be paid post- separation date at no later than the second regularly scheduled pay period pay dat e following separation. Prior to separation from City service, the City do es not p rovide to em ployees any vacation cash out or sell back for accrued but unused vacation hours. (2) An employee who h as resigned in good standing an d is subsequently reinstat ed within one (1 ) year from the date of their EXHIBIT 1

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resignation shall h ave their prior service c ounted in determining eligibility for vacatio n benefi ts, deducting therefrom the amount of time between the date of resignation and th e date of reinstatement which shall not be counted in determining eligibility.

EXHIBIT 1

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CITY OF STOCKTON 27
SECTION 10. DAYS AND HOURS OF WORK

10.1 Regular Workweek

The nor mal work week for Police Unit employees is defined as either the traditional wor kweek consisting of 8 hour s p er da y, 5 days per week; t he alternate 9/ 80 work schedule consisting of 9 hour work days Monday thr ough Thursday, 8 hour w orkday on Friday with ev ery other Friday off; or the 4/10 schedule consisting of 10 hour work days. Where operational requirements o f a department require deviations from the present schedule, the City Manager may institute alternate work schedules, consistent with provisions of the State Law.

10.2 Regular Workweek for Patrol

The work schedule for patro l is the cu rrent 4/10 work sched ule. T he C hief of Police may change the st art/finish time o f a shift after providing written notification.

10.3 Meal Periods

Phase shift employees normally receive a one-half (1/2) hour meal with pay each day.

Other Police Unit employees will normally re ceive a one (1) hour meal pe riod without pay.

10.4 Furlough bank hours

(a) Furlough Bank . There shall be no cash value p rovided for any furlough hours since the start of the furlough program in 2009 and all furlough bank hours shall be used in accordance with 10.4 (b) below.

(b) Use of Furlough Hours. All furlough leave shall be scheduled in advance with the employee’s supervisor. All Furlough must be scheduled and used prior to the date of separation in accordance with the City’s leave policies.

EXHIBIT 1

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CITY OF STOCKTON 28
SECTION 11. OVERTIME

11.1 Authorization

All compen sable overtime must be authorized by the Chief of Police or th e Chief’s designated rep resentative in advance of being worked. If prior authorization is not feasible because of e mergency co nditions, a confirm ing authorization must be made o n the next regu lar work day fo llowing the date which the overtime was worked.

11.2 Compensation

The following provisions pe rtaining to authori zed statutorily required overtime work shall apply to employees whose normal work period is eight (8) ho urs per day and forty (4 0) hours per we ek (including 9/80 schedules) , or ten (10) hours per day and forty (40) hours per week:
(a) Statutory overtime shall be paid on actual time worked in excess of fo rty (40) hours in any workweek. Su ch overtime shall be paid for at time and one-half (1½) in cluding employees employed on a per hour o r per day basis or except as provided elsewhere herein.
(b) Hours worked shall include all actual time worked. Furlo ugh hours taken, holiday hours taken, bereavement leave, jury duty leave, and sick leave shall be considered as time worked. Vacation or other compensated time off not specifically ide ntified above shall not be considered as time worked.
(c) Notwithstanding subparagrap h “b” above, effective as soon as administratively possible but no later than December 31, 2022, vacation leave taken within the work p eriod shall also count as actual time worked.

The parties agree that t he cost value of this modi fication is approximately zero point two percent (0.2%) of salary for the bargaining unit. During the final year of this MOU, the parties agree to evaluate the economic an d operational impacts of this change and will ne gotiate over modifications to or continuation of this structure as part of successor contract negotiations.

11.3 Court Appearance Pay While in Off Duty Status

(a) An employee re quired by proper au thority to a ppear in co urt du ring off - duty hours shall receive c ompensation of three (3) hours at time and one-half (1½) or actual time worked at the appropriate rate , whichever is greater.

EXHIBIT 1

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CITY OF STOCKTON 29
Multiple subpoenas covering the same cas e on the same day o r multiple subpoenas for either the morning or the afternoon do not count as separate in cidents for purpose of mi nimum compen sation. However, a subpoena to attend court for one case in the morning and a subpoena to attend court for a sec ond case in the aft ernoon will c ount as sep arate incidents for purposes of minimum compensation.
(b) Voluntary Court Standby . Police Unit empl oyees who voluntarily place themselves on standby for court appearan ce while off duty shall receive one (1) hour of pay at the regular rate for the four (4) hours of standby for the a.m. and, i f required to remain on standby, one (1) addition al hour at the regular rate of pay for the additional four (4) hours of standby fo r the p.m.

11.4 Call-Back Policy

When an employee is called back to work from an off-duty status, the employee shall be compensated for a minimum of three (3) hours at time and one-half (1½) or actual time worked at time and one-half (1½), if eligible for overtime as defined in Section 11.2 above, whichever is greater.

11.5 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 excess of their normal work schedule. Such time has previously been referred to as Earned Time.
(b) Accrual - For all hours in excess of for ty (40) hours in a se ven (7) day work period, for which the emplo yee is in a paid status, the Association agrees t hat compensatory t ime shal l be e arned at the rate of ti me and one-half (1½).

No more t han eighty (80) hours (f ifty-six and one -third hours [56-1/3]) worked at time and one -half ( 1½) may be carried on the books at any time. When the t ime card is fill ed out, employe es may el ect to accrue Compensatory Time or be paid for the hours worked.
(c) Use - Use of Co mpensatory Time shall be sched uled with du e consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. App roval of requests for use of Co mpensatory Ti me shall be at th e sole discretion of the depart ment head, but once approved, cannot be ch anged unless an eme rgency EXHIBIT 1

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situation arises.
(d) Payment - Once eighty (80) hours of Compensatory Time is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid. At the end of each calendar year, a ll Compensatory Time will be car ried forward (forty (40) hours maximum), unless the employee elects to have the compensatory balance paid. Carryov er Compensatory Time cannot exceed the forty (40 ) hours maximum.

11.6 Standby Compensation

Employees who ar e placed on standby on their normal day off shall be paid at the rate of three dollars ($3.00) per hour for each hour on standby assignment.

An employee shall earn time an d one-half (1½) for all actual time wo rked while on standby duty status only if elig ible for overtime as defined above. An employee shall not c ontinue to receive the “standby” premium during actual time worked or for any hours paid as overtime or call back. Standby is not considered as time in “paid status because of work performed” for purposes of calculating overtime.

Employees who are placed on standby after the end of their shift on a regular work day shall receive three dollars ($3.00) per hour f or each hour of stan dby.

An employee shall earn time and one -half (1½) for all actual t ime worked while on standby duty st atus only if eligi ble fo r o vertime as defin ed above. An employee shall not continue to receive the “standby” premium during actual time worked or for any hours paid as overtime or call back. Standby is not considered as time in “paid status because of w ork performed” for purposes of calculating overtime.

Employees who are placed on st andby s hall take a City vehicle and a beeper when req uired to stan d by. The vehicle and beeper shall be turned in at the conclusion of each standby assignment.

While in such standby status, employees shall leave with the Command Center a telephone number at which they can be rea ched. Such e mployees sh all be available to the Police Department within a forty-five (45) minute response time.

11.7 No Standby Compensation for Time Worked

Employees shall not simultaneously receive compensation for court appearance, voluntary court standby , standby, or call back pay provided in Sections 11.3(a),

11.3(b), 11.4, or 11. 6. Employees are eligible t o r eceive overtime only in EXHIBIT 1

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accordance with Section 11.2 above.

11.8 Sergeants Working Hireback

(a) Sergeants will be authorized to work special event hireback in the even t that there are insufficient o fficers willing to volunteer f or the special event overtime. The order of hireback will be: (1) officers working voluntary overtime, (2) followed by sergeants w orking voluntary overtim e, (3) followed by officers working mandatory overtime.

(b) Special events are defined as hireback which is n ot patrol hireback an d does not have an enforcement related function.

(1) Because of limitatio ns i n th e City’s payroll system, Ser geants will initially be paid based on their regular rate for this hireback.

(2) However, as soon as it becomes feasible for the City’s pa yroll system to do so, t he City will pay Sergeants working officer hireback under t his p rovision at the to p-step officer rate. In that event, overti me pay for the work period in which the hireback occurs will be paid in accordanc e with the FLSA with the s ergeants regular r ate of pay bas ed on a weighted average methodolog y.

The City wil l not ify the Association thirty (30) days bef ore implementing such a system.

(d) Sergeants hired to fill a Sergeant’s position for special events will be paid based on their regular rate.

EXHIBIT 1

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CITY OF STOCKTON 32
SECTION 12. HOLIDAYS

12.1 Holidays Observed by the City

Effective upon the firs t full pay period following ratification for this Memorandum of Under standing by Stockton Police Officers Assoc iation 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 foll owing 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) (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

For employees on a Monday through Friday workweek or a 9/80 wor k schedule, if holidays fall on a Sunday, the following Monday shall be observ ed. If h olidays fall on Saturday, the preceding Friday shall be observed.

Employees who are in unpaid status the day before or the day after the h oliday will not qualify for Holiday Pay as described above.

Birthday Holiday Leav e. The dep artment head with due c onsideration for th e wishes of the employee, may autho rize the birthday holiday to be taken within sixty (60) calendar days, beginning on the day of the employee’s birthday.

12.2 Holiday Compensation

(a) Non-Patrol A ssignments. All regula r and probationary Police Unit employees who are not assigned to the traditional 10 -plan Field Operations/Patrol sh ift schedule, a nd are in a ssignments whic h observe City Holidays sh all be entitled to take each holiday off with full p ay for EXHIBIT 1

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each of the holidays listed in 12.1, above.

FLOATING holiday must be used b y 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. Employee s ha ve not e arned a nd cannot use the floating holiday hours until the actual holiday occurs (March 31).

(b) Patrol Assignments. All regular and probationary Police Unit employees assigned to th e traditional 10 -plan Field Operations/Patrol shift schedule 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 ho lidays. For Unit members requi red to work on an ob served holiday, actual hours worked on th e holiday will be paid a t time and one half (1½).

These mem bers who a re pe rmitted to take a holiday off that fal ls on a regularly scheduled work day shall use appropriate leave hours equivalen t to the number of hours of their scheduled shift.

EXHIBIT 1

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CITY OF STOCKTON 34
SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Retirement Contribution

(a) Legacy employees hired on or before December 31, 2012 shall pay nine percent (9%) of the employee’s cu rrent base salary (employee contribution) and other compensation as qualified by state law towards the employee’s share of cost under the Public Employees’ Retirement System (PERS). Such amounts will be applied to the emp loyee’s individual account.
(b) Non Sworn P olice Officer Trainee . The City and th e Assoc iation agree that employ ees hired into the Non S worn P olice Off icer Trainee classification sh all be m embers of the “local miscellaneous” retirement plan rather than the “local safety” retirement plan.

The employee shall contribute seven percent (7 %) of t he employee’s current ba se salary and other comp ensation as qua lified by State law toward the PERS Local Miscellaneous Members Plan. Such amou nts will be applied to th e employee’s individual acc ount in acc ordance with Government Code Section 20691.

Upon satisfactory comple tion of basic recruit tr aining, the Non Sworn Police Officer Tra inee (Local Miscellaneous Member) shall be transferred to Sworn Police Officer plan (Local Safety Member).

13.2 Military Service Credit

The City shall provide for mil itary service pursuant to the provisions of Government Co de Section 21024, formerly Section 20930.3, and Section 20930.33, at the employee's expense.

13.3 PERS Fourth Level Of 1959 Survivor Benefits

The City p rovides PERS California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) a s an additional retirement benef it, t o be effective upon adoption by the Stockton City Coun cil a nd the PERS Administration Board.

EXHIBIT 1

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13.4 PERS 3% At Ag e 50 Retirement for Employees Hired on or be fore December 31, 2012

On July 21, 2000, the City made application to PERS to provide PERS California Government Code section 21362.2 (3% at a ge 50) as an amendment retirement benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.

13.5 PERS Benefits for Employees hired on or after January 1, 2013

(a) The City shall amend its CalPERS contract to e liminate sick leave conversion and the enhanced survivor benefits for all employees hired on or after August 16, 2013, the effective date of the contract amendment.

(b) 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 legacy employees by PERS AB 340, shall be subject to the PERS pension formula of 3% @ 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%).

(c) Employees without Reciprocity: Employees hired on o r after January 1, 2013, shall be subject to the AB340 PERS pension formula of 2.7% @ 57 with no opti onal pensi on enhancements and the ot her provisions of the retirement tier they were hir ed under. Empl oyees shall pay fifty percent (50%) of the City’s normal cost rate for th e 2.7% @ 57 as de termined by CalPERS.

13.6 Uniform Allowance

(a) Employees in this unit shall receive as additional annual compensation, a uniform allowance in the amount of nine hundred fifty dollars ($950.00).

Payment shall be made i n two equal installmen ts of one -half (1/2) of the annual va lue of uniform al lowance to eligible emp loyees durin g the months of April and October.
(b) Protective Vests. The City shall provide safety prote ctive vest and annual testing by lot number.

EXHIBIT 1

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CITY OF STOCKTON 36

13.7 P.O.S.T. Incentive Pay

(a) The Cit y will pay three perc ent (3%) of the top salary step in ra nk for employees who attain an Intermediate P.O.S.T. Certificate and six percent (6%) of the top salary step in rank for employees who attain an Ad vanced P.O.S.T. Certificate.
(b) The Personnel and Training Division of the Po lice Department will submit the appro priate paperwork to the Human Resources Department confirming and authorizing P.O.S.T. Educational Incentive Pay for eligib le employees.

Compensation shall be effective the first of the month following the date of eligibility for the certificate.

13.8 Longevity Increment Pay for Police Officer for Gr andfathered Emplo yees Only

Effective August 1, 2011, Longevity Increment P ay for Pol ice Off icer shall be eliminated. Those members who were receiving Longevity Increment Pay as of July 31, 2011, shall be gra ndfathered, and effe ctive August 1, 2011 their Longevity Increment Pay shall be reduced by five percent (5%) and shall remain frozen at that level, and no a dditional increments shall be earned, as described herein.

(a) For those members who as of July 31, 2011 were receiving five percent (5%) of top salary step in r ank for longevity, upon completion of six (6) continuous years of se rvice as a public safety officer with the Stockto n Police De partment, effectiv e August 1, 2 011 those members shall no longer receive longevity increment pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned. (b) For those members who as of July 31, 2011 were receiving seven percent (7%) of top salary step in ra nk for longevity, upon completion of nine (9 ) continuous years of servi ce as a pu blic safety officer with the Stockton Police Department, effective August 1, 2011 the City shall pay two percent (2%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at thi s level, and no additional increments shall be earned.
(c) For those members who as of July 31, 2011 were receiving twelve percent (12%) of top sa lary step in rank for longevity, upon completion of twelve (12) c ontinuous years of service as a public safety officer with the EXHIBIT 1

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Stockton Police Department, effective August 1, 2011 the City shall pay seven percent (7%) of top sa lary step in rank for longev ity p ay. T his longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(d) For those me mbers wh o as of July 31 , 2011 were receiving fourteen percent (14%) of top salary step in ra nk for longevity, upon completion of eighteen (18) continu ous years of se rvice as a pu blic sa fety of ficer with the Stockton Police Departmen t, effective August 1, 2 011 the City shall pay nine percent (9%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(e) For those members who as of July 31 , 2011 were receiving nineteen percent (19%) of top salary step in rank for longevity , upon completion of twenty-four (24) continuous years of service as a public safety officer with the St ockton Police Department, effective August 1, 2011 the City shall pay fourteen percent (1 4%) of top salary step in rank for longevity pay.

This longevity inc rement pay shall remain frozen at this leve l, and no additional increments shall be earned.
(f) For the limited purpose of defining continuous service under this Section of th e Memorandum of U nderstanding, continuous service shall include leaves without pay fo r less than one (1) year as long as the publ ic safety officer did not withdraw their contributions to PERS.
(g) Effective Ju ly 1, 2012, Section 13.8(a) throug h (f) are modified as follows:

Employees who ar e receiving Longevity Pay as described above shall have their Longevity pay reduced an additional four percent (4%) effective July 1, 2012, except that individuals whose 2011 reduction of the following amounts (Reductions of Longevity pay, elimination of M aster Officer P ay, elimination of Educ ational Incentive and pa yment of employees PERS contribution) was twenty-two percent (22%) shall have their Longevity amount reduced by one percent (1%). The longevity inc rement pay shall remain frozen at this level and n o additional increments shall be earned nor shall additional persons qualify for this pay.

13.9 Longevity Increment Pay For Police Sergeant

The five pe rcent ( 5%) Longevity Pay received by Sergeants is froz en effective July 1, 2012, and no additional persons shall qualify for this pay.

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13.10 Canine Handler Compensation

Employees assigned canine res ponsibilities shall be paid a maximum of ten (10) hours per month, at the ra te of one and one-half (1½) time. Compensation shall be for time spent by officers on their off -duty time to feed and exercise the dog and to clean the kennel.

13.11 Motorcycle Officer Compensation

Effective the f irst full pay period after the effecti ve dat e of this contract, employees assigned motorcycle responsibilities shall be paid a maximum of four and one -quarter (4.2 5) hours per mont h, at the rate of one and one -half (1 ½) time. Compensation shall be for the time spent by officers on their off-duty time to clean, wax, and generally maintain their assigned motorcycles.

13.12 Explosive Ordinance Disposal (EOD) Compensation

Unit members assigned to EOD shall be paid a m aximum of five (5 ) hours per month at the rate of one and one-half (1½) time.

13.13 SWAT Compensation

Effective the first full pay period afte r the ef fective date of this con tract, unit members assigned t o SWAT shall be paid a m aximum of four and one-quarter (4.25) hours per month at the rate of one and one-half (1½) time.

13.14 Field Training Officer Compensation

The pay for unit memb ers assigned as a Field Training Officer shall be five percent (5%) of the top salary step of rank.

13.15 Bilingual Pay

The p ay for qu alified an d approved bilingual skill s will be two and one -half percent (2.5%) of the top salary step of rank.

To be eligible for this differen tial pay, an offi cer mus t be certified to meet t he functional needs of the Department. The Chief of Police has the sole discretion in determining the number of officers needed for b ilingual services, the languages that will be r ecognized, and the function al language skill s needed for the Department.

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13.16 Acting Pay

Any e mployee who is as signed by proper authority to work i n a higher paid classification and who performs a majority of the duties of that h igher po sition shall re ceive that rate of pay in a step of the high er clas sification whic h would have been received if the employee had been promoted into that classification.

13.17 CalPERS Reportability
The City makes no representation as to whether any of the c ompensation or payments in the Memorandum of Understanding are subject to CalPERS service credit or pensionable income. Any de termination by CalPERS to not fully credit the compensation and/or service time provided under t his M emorandum of Understanding is outside of the City’s control.

13.18 Flight Pay Differential
(a) Effective first full pay period following adoption, employees assigned to the Aero Detail as pilots shall receive a ten percent (10%) differential. (b) Employees assigned to th e Aero Detail as observers shall receive sufficient flight instruction to enable them to land safely in an emergency. (c) The City shall provide employees assigned to the Aero Detail with suitable protective flight equipment, including but not limited to:
(1) One (1) Flight Helmet
(2) One (1) Nomex Flight Suit
(3) One (1) Pair of Nomex Gloves

13.19 Mobile Command POST
Effective the first full pa y period after t he effective date of t his co ntract, employees assigned to the Mobile Command Post Team who maintain a Class A License shall be paid an additional one (1) hour per month, at the rate of one and one-half (1½) time. Compensation shall be for the time spent by officers on their off-duty time to maintain their Class A license.

13.20 Lapse of Certification
An employee receiving an add pay under Section 13 of this MOU, whos e certification l apses, will not be eligible for the add pay and will be subject to EXHIBIT 1

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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 chan ges that are within mandatory scope of bargaining in any City proposals related to its City sponso red med ical plans that are related to the implementation of the Affordable Care Act (ACA).

14.1 Health Insurance And Related Benefits

(a) Choice of Health Plans . Employees in this bargaining unit shall have a choice of e nrolling themselves and their eligible dependents in an y of the City sponsored medical, dental and vision plans. Ea ch plan sha ll offer an employee only, employee plus one (1) and employee plus two (2) or more dependents coverage. The City shall o ffer 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 e nrolled in a City o ffered medical plan either as a subscriber in a City offered medical plan or as the dependent spouse/registered d omestic partner or an other eligi ble City employee, but not both. If an emplo yee i s also eli gible to c over their dependent child, the child will be allowed to enroll as a dependent on o nly one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).

(1) Effective July 1, 2022, the City shall contribute the following:
a. up t o $697.00 per month toward the cost of the monthly premium f or employee-only me dical/dental/vision plan
coverage.
b. up to $ 1,265.00 per month towa rd the cost of th e monthly premium for emp loyee plu s one (1) dependent
medical/dental/vision plan coverage.
c. up to $1,685.00 per month toward the c ost of the monthly premium for employee plus tw o (2) or more d ependents
medical/dental/vision plan coverage.

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(2) Effective July 1, 2023, City shall contribute the following:

a. up to $ 711.00 per m onth towar d the cost of the mo nthly premium for employee -only medical/dental/vision plan
coverage.

b. up to $ 1,290.00 per month towar d the cost of the mo nthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.

c. up to $1,719.00 per month toward the cost of the m onthly premium f or 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 $ 725.00 per month to ward the cost of the m onthly premium for employee-only medi cal/dental/vision plan
coverage.

b. up to $ 1,316.00 per month toward the cost of the monthl y premium for employee plus one (1) dependent
medical/dental/vision plan coverage.

c. up to $1,753.00 per m onth to ward the cost of the mont hly premium for employee plus two (2) or more dep endents
medical/dental/vision plan coverage.

(c) Plan Rules. Employees m ay in sure themselves and th eir eligible dependents under the medical , vision and dent al pla ns provided b y the City, in ac cordance with the rules an d regu lations a pplicable to the selected Plan. Benefits in the Plan shall be in a ccordance with the Plan document.

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14.2 Retiree Medical Trust

The City will cooperate with the SPOA to amend th e documents related to the SPOA Retiree Medical Trust ("RMT") to reflect that the City relinquishes all of its right to designate any trustees under the RMT and any and all rights, obligations, or responsibility under the RMT so that only the SP OA designated Trustees will administer the RMT.

The City has no objection to the t ransfer of all current assets in the RMT to another trust ( the "Receivi ng T rust") s elected by th e SPOA de signated RMT Trustees so long as the Receiving Trust agrees to hol d those ass ets fo r the exclusive benefit of eligible retirees. Fur ther, the SPOA and the City agree that the transfer of assets will be conting ent on the S POA and Receiving Trustee s agreeing that on and after the transfer of the assets of the RMT to the Receiving Trust (i) the City's only obligation with respect to such Receiving Trust will be to make any agreed upon contributions to the Receivin g Trust, and (ii) the SPOA and the Re ceiving Trustees further ag ree that on and after the transfer of the assets of the RMT to the Receiving T rust, to indemnify and hold harmless the City and the City designated trustees from any claim whatsoever by the SP OA, any unit member, or any beneficiary of the Receiving Trust w ith respect to the Receiving Trust. Such claims include, b ut are not limited to, ( i) any claim for benefits under the Receiving Trust or any plan funded by the Receiving Trust, (ii) any claim regarding the administration of, or fiduciary duties under, the Receiving Trust, (iii) any claim regarding the tax treatment of contributions to the Receiving Trust (so long as the City complies with applicable federal law and guidance from the Internal R evenue Servi ce), and (iv) any claim r egarding the terms of the Receiving Trust or selection of trustees.

The City's obligation to contribute to the RMT has ceased. However, in the event that the Association’s membership votes to approve member contributions to the Receiving Trust, the City agrees to deduct those contributions (and any required administrative fees charged by third parties) from members’ paychecks. Nothing herein commits the City to paying any portion of any future contribution.

14.3 Life Insurance

The City shall provide each employee group term life insurance cover age with a face v alue of fifty thousand dolla rs ($50,000.00). In addition, employees ma y purchase additional voluntary life through their union or through the City’s IRS 125 vendor.

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14.4 Long Term Disability Insurance

The City sh all reduce the ba se pay of employees in this uni t by twenty dollars ($20.00) pe r month and instead shall provide to each bargaining unit member twenty doll ars ($20.00) per month fo r the purpose of purchas ing Long Term Disability Insurance. The Associatio n recognizes and agrees that it is their responsibility for purchasing a Preferred Long Term Disability Program for its represented employees or otherwise i nvesting such payments pu rsuant to t his section as it deems appropriate.

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SECTION 15. SALARY PLAN

15.1 Salary

(a) Cost of Living Adjustment (COLA)

(1) Effective July 1, 2022 , employees wil l receive a nine point eigh t percent (9.8%) increase to base pay (comprised of a 2% COLA and a 7.8% Marke t Adju stment). Any retroactive portion of this salary increase will be paid to employees as soon as administratively possible following City Council adoption of this agreement.

(2) Effective July 1, 2023, employees will receive a four percent (4%) increase to base pay (comprised of a 2% CO LA and a 2% Market Adjustment).

(3) Effective July 1, 2024, e mployees will receive a four percent (4%) increase to base pay (comprised of a 2 % COLA and a 2% Market Adjustment).

(b) Lump Sum Payment

Each employee who was employed in the bargaining unit as of July 1 , 2023 will receive a $5,000 lump sum nonpensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.

15.2 Salary Ranges

The salary ranges for all classifications in the aforementioned representation unit will be as set forth in Appendix A, wh ich are attached hereto and m ade a part hereof. The rates of pay set forth in the Appendix A, represe nt for each classi- fication the standard rate of pay for ful l-time employment, effective on the dates noted in the Appendices unless the schedule specifically indicates otherwise.

15.3 Salary Upon Appointment

Except as herein otherwise p rovided, the ent rance salar y step for a n ew employee entering the classified service shall be the minimum salary step for the class to which appointed. W hen circumstances warrant, the City Manager m ay approve an entran ce salary which is more t han the minimum salary step for the class to which t hat employee is appointed. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.

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15.4 Salary Equivalents

Any monthly, daily or hourly rate of pay may be co nverted into any equiv alent rate of pay or to any other time bases when in the judgment of the City Manager, such a conversi on is advisable. In determining equivalent amounts on different time bases, the City shall provide t ables or regulations for t he ca lculation of payment f or s ervice of less than full-time, and for use in convertin g monthly salaries to hourly rates, as well as for calculating hourly rates.

15.5 Effective July 1, 2005 – Salary Step Plan – Police Officers Appointed On Or After January 1, 1999

There shall be s ix (6) salary steps for the classification of Police Sergea nt and Police Officer. Eligible employees will be mov ed to the next step every twelve (12) months. Any reference in this Memorandum of Understanding to a different schedule fo r step increase shall be adju sted accordin gly. In a case where a person poss esses unusual qualifications, the City Manage r m ay authorize appointment above the first salary step after receiving the recommendation of the department head. The same provisions shall apply to hourl y-paid and part-time persons.

All s tep references below are to the salary schedule for the Police Of ficer classification. Non-Sworn Police Officer Trainees are hired at the rate identi fied in the single step salary classification for Police Officer Trainee.

The first salary step shall be the minimum salary ra te and shall be the normal hiring rate for the classification of Police Officer.

The second sal ary step shall be p aid upon the emp loyee’s s atisfactory completion of twelv e (12) months of service at the first salary step and upon the written recommendation of the department head.

The third salary st ep shall be pai d upon the employee’s satisfactory completion of twelve (12) months of service at the second salary step and u pon the written recommendation of the department head.

The fourth salary step shall be paid upon the employee’s satisfactory comple tion of twelve (12) months of service a t t he third sa lary s tep and upon the wr itten recommendation of the department head.

The fifth salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the fourth salary step and upon the recommendation of the department head.

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The sixth salary step shall be paid upo n the employee’s satisfactory completion of twelve (12) months of s ervice at the f ifth salary step and upon the recommendation of the department head.

Regardless of an employee's length of service, salary step advancements in any given class may be made upon recommendation of the department head with the approval of the City Manager, but not above Step 3 for a given range.

Salary step increases shall be effective t he 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.

If a dep artment head recommends to withhold salary in creases because an employee has not achieved the level of performance required for the position, the recommendation of 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.

Changes in an employee's salar y because of promo tion, d emotion, postponement of salary step i ncrease, or s pecial merit in crease will set a ne w salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.

Salary range adjustm ents f or the classific ation will not set a new salary anniversary date for employees serving in that classification.

15.6 Salary Step Plan – Non-Sworn Police Officer Trainee Status

An employee with the status of Non-Sworn Police Officer Trainee shall be paid at Step 1 of the Police Officer Trainee salary ra nge. Upon passing a ll the requirements of the Basic Pe ace Officer Academy and transf er to the sworn position of Police Officer, the em ployee shall be paid at Step 1 of the sa lary range of Police Of ficer. The Trainee sh all not qualify for Safety status while in the Academy.

15.7 Salary Step After Military Leave

All employees who have been granted a military leave shall , upon their return to the City servic e, be entitled to the automatic salary ad vancements within t he range scale of the established wa ge sch edule of their classifications for the period they were in the military service.

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15.8 Salary Step When Salary Range Is Increased

Whenever th e monthly sc hedule of compensat ion for a cl ass is revi sed, e ach incumbent in a position to which the revised schedule applies shall be entitled to the step in the r evised range which c orresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.9 Salary Step After Promotion or Demotion

When an employee is promoted from a position in o ne class to a position in a higher clas s, and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for t he higher cl ass, that e mployee s hall be entitled to the next ste p in the salary scal e of the highe r class which is approximately five percent (5%) but in no case less than four percent (4%) above the rate they have been receiving, except that the next s tep shall not exceed the maximum sa lary of the higher c lass. Wh en an employee is demoted, whether such demotion is voluntary or o therwise, that emplo yee's compensation shall be adjusted to the s alary prescribed for the class to which they are demoted, and the specific rate of pay within the range shall be final.

15.10 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 s alary range.

15.11 Special Assignment Differential

(a) All Police Unit employees who are not assigne d to the tradit ional 10-plan Field Operations/Patrol shift schedule and are assigned to schedules that regularly observe holidays off s hall receive a “S pecial Ass ignment” differential equal to five percent (5%) of the employee’s current base pay.

This pay is in exchang e for the elimination of extra holiday compensation for these positions.

(b) While n ot all-inclusive, e xamples of those special assignmen ts wherein the Specia l Assignment Diff erential wou ld apply include positions within the Investigations Division, Admin istrative Services Divis ion, Tech nical Services Division, Special Operatio ns Division , Traffic Sec tion, and Professional Standards Section. The primary qualifying factor for Special Assignment Differential is that the special assignment is one in which th e assigned personnel gen erally observe all hol idays off, as the section/un it EXHIBIT 1

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“closes” on holidays. These can generally b e described as “n on-patrol” assignments.

15.12 Bi-Weekly Pay Period

The City and the Association agree to mo ve to bi -weekly pay as s oon as it is administratively poss ible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

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SECTION 16. RESIDENCY
All sworn public safety officers in the employ of the City of Stockton shall reside within a geographic area from which they can reach City Hall within forty-five (45) minutes.

SECTION 17. SEVERABILITY OF PROVISIONS
In the event that any provision of th e Memorandum of U nderstanding is declared by a court of c ompetent jurisdicti on to be illegal or unenforceable, that p rovision of th e Memorandum of U nderstanding shall be null and v oid, but such nullification shall not affect any other provisions of this Mem orandum of Under standing, all of which other provisions shall remain in full force and effect.

SECTION 18. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
Continuance of working cond itions and prac tices not specifi cally authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

This Memorandum of Under standing shall supersede a ll existing Memoranda of Understanding between the City and the Association.

SECTION 19. SCOPE OF AGREEMENT
Except as otherwise specifically pro vided herein , this Memor andum of Understand ing fully and completely incorporates the understanding o f the parties hereto and consti - tutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither p arty shall, during the t erm of this Memoran dum of Understanding, demand any change t herein nor shall either pa rty be requ ired to negotiate wi th res pect to any m atter; provided that nothing here in shall prohibit the parties fr om changing the terms of this M emorandum of Understanding by mutual agreement.

SECTION 20. DURATION
All provisions of this Memorandum of Understanding shall be effective July 1, 2022, and shall remain in full force and effect to and including the 30th day of June, 2025.

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SECTION 21. MAINTENANCE OF OPERATIONS
(a) It is reco gnized that the need for continued a nd uninterrupted operation of City services is of paramou nt imp ortance. The refore, the Ass ociation and each employee represented hereby agree s that during the c ourse of nego tiations necessary to co nclude a successor Agr eement to this Memorandum of Understanding, the Associat ion or any person act ing in its behal f, or each employee in a classification represented b y the Association shall not caus e, authorize, engage in, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate desig nated equipment (provided such equipment is safe and sound), o r picketing, other than informational picketing, against the City or the indivi dual or concer ted f ailure to rep ort for duty or abstinen ce from the full and faithful performance of the duties of employment, including compliance with the request of ano ther labor organiza tion or bargaining unit to engage in suc h activity in an attempt t o induce a cha nge in wages, hour s, and other terms and conditions of employment.
(b) An employee shall not be enti tled to any wages or City paid benefits whatsoever if the City Council, by m ajority vote, d etermines to its sa tisfaction, that the employee is, or has, enga ged in any activit y prohibited by subsection (a) of this Section. The City may take other action which it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this Section has b een violated b y the Association, the City ma y take such remedial action as it deems appropriate.
(d) The Associati on recognizes the du ty and obligation of its representati ves an d members to comply with the provisions of this Memorandum of Understanding and to make every effort toward ind ucing all em ployees in t his unit to fully and faithfully perform their duties. In the eve nt of any ac tivity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this Memorandum of Understanding.

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SECTION 22. CITY RIGHTS
(a) The Association recognizes that the rights of the City derive from the Constitution of the State of California and the Govern ment Code and not f rom th e Memorandum of Understand ing. All matt ers n ot specifical ly addressed in this Memorandum of Understanding are reserved to the City.
(b) The Association recogni zes an d ag rees that t he exercise of t he exp ress and implied p owers, rig hts, duties and res ponsibilities by the City, such as, the adoption of policies, ru les, regulat ions and pra ctices, and the use of judgment and discretion in connecti on therewith shall b e limi ted only by the specific and express terms of this Memorandum of Understanding.
(c) The Association recognizes that the City has a nd will continue to retain, whether exercised or not, the unilat eral a nd exclusive right to operate, administer and manage its municipal services and work fo rce performing these services limited only by the spe cific and express terms of this Memorandum of Understanding.

The exclusive rights of th e City shall include b ut not be limited to, the right to determine the organization of City government and the miss ion of its constituent agencies; to determine the nat ure, quantity and quality of ser vices to be of fered to the publi c and to det ermine the m eans of operations, th e materials and personnel to be used , the ri ght to intro duce n ew o r im proved methods or facilities, and to chang e or alter pers onnel, methods, mea ns, ma terials and facilities, to exercise control and discretion over its or ganization and operations through its managerial employees; to establi sh and effect rules and regulations consistent with appli cable law and the s pecific and exp ress provisions of this Memorandum of Understanding ; to establish and implement sta ndards of selecting City personnel and standar ds for continued employment with the City; to direct the workforce by determining the work to be performed, the personnel who shall perform the work, assigning overtime and schedu ling the work; to take disciplinary action; to relieve its employees from dut y because of lack of work or funds; to dete rmine whether goods or ser vices sha ll be made, p urchased or contracted f or; and to otherwise act in the interest of efficient service to the community.

In cases of e mergency when t he City det ermines that an ordina nce, ru le, resolution or regulatio n must be adopted immed iately without prior notice or meeting w ith a recogn ized e mployee or ganization, the City s hall provide such notice and opp ortunity to meet at the earli est practicable time follo wing the adoption of such ordinance, rule, resolution or regulation.

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SECTION 23. CONDITIONAL AGREEMENT RE: PLAN SUPPORT AND

TREATMENT OF CLAIMS
(a) Confirmation of Plan . The City agrees to use its be st efforts to obtai n confirmation of, and to implement, a plan of adjustment (“Plan”) that is consistent with the terms of this Memorandum of Understanding, o r as a pplicable, its successor Memorandum of Understanding. Al l of the provisions of this Article except 2(c) shall be null and void in the event that the Plan contemplated by this Agreement is not confirmed and does not become effective.

(b) SPOA’s Claims. SP OA alleges that it s members have c laims in the bankruptcy case against the City r elating to the Cit y’s modification of its 2009 Memorandum of Understanding (“2009 MOU”), pursuant to Dec larations of Fiscal Emergency beginning on or about May 2 6, 2010 and c ontinuing in effect thereafter, and in connection with the treatment of the claim s of SPOA and its members under the Pendency Plan (collectively, the “Claims”), and that, in the aggregate, the Claims exceed thirteen million do llars ($13,000,000). The City disputes the Claims and contends that the Claims would not be allowed in the chap ter 9 case. It fu rther asserts that , if the Claims were allo wed, they would be allowed in an a mount aggregating less than thirteen million dollars ($13,000,000).

In consider ation of resolving the a bove diffe rences and agreement on t he Memorandum of Under standing, the Ci ty agree s that the Claims shall be provided for in the Plan as follows:

(1) The Claims will be deemed allowed in the chapter 9 case in the aggregate amount of e ight m illion, five hundred thousand dollars ($ 8,500,000) (t he “Allowed Claims”). In consideration for the reduction in the amount of the Claims, SPOA members emplo yed during fiscal year 2010-2011 a nd/or 2011-2012 shall be credi ted, upon final approval of the Memorandum of Understanding by the Parties and, if n ecessary, by the Bankruptcy Court, twenty-two (22) additio nal hours of pai d leave in fiscal year 2012 -2013.

These additional hours of paid leave shall have no cash value and shall be utilized any t ime prior to the d ate upon which the SPOA member leaves employment with the Ci ty. Onl y those emplo yees who were empl oyed during some portion of the period July 1 , 2010 and Ju ly 1, 2012 and who were still cur rent employees upon the ef fective d ate of this A greement shall be entitled to this treatment.

(2) The Allowed Claims shall be sat isfied u nder the Plan by the City by crediting SPOA mem bers emplo yed during fiscal y ear 2010-2011 and/or 2011-2012, eleven (11) ad ditional paid leave hours in t he fi scal year of approval of the Pl an a nd eleven (1 1) additional paid leave hours in the EXHIBIT 1

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fiscal year after approval of the Plan. This benefit shall only apply to those employees who were employed during some por tion of the period July 1, 2010 and July 1, 2012 and who are c urrent employees as of the date the Plan is approved by the Bankruptcy Court. The total additional paid leave per SP OA member under paragraphs 2(a) and 2(b) of t his article s hall equal forty-four (44) hours. These additional p aid leave hours shall have no cash value, and shall be utilized any time prior to the d ate upon which the SPOA member leaves employment with the City. It is unde rstood that the provision of these hours shall be the sole compensation for the Claims of SPOA and it s me mbers. The additi onal t wenty-two (2 2) h ours additional paid leave credit con tained in thi s para graph 2( b) shall be contingent upon con firmation of the Plan and on the Plan becomin g effective.

(3) Notwithstanding the foregoing, in the event that the Plan is not confirmed and d oes no t become eff ective, the Clai ms shall not be allowed a s specified herein, and both SPOA and the City agree that the Claims will be considered unresolved, wit h e ach Party reserving the right to a ssert or contest the Claims; provided, however, that the monetary equivalen t of any paid leave hours taken pursuant to this Article shall serve as a credit against the Claims.

(c) Implementation of 20 12-2014 SPOA M emorandum of Understanding. The City shall include in its proposed Plan provisions that give effect to and comport with the terms of this Agreement.

(d) Plan Support . SPOA agree s to use its best efforts to su pport the Plan, the provisions of which in clude the treatment of the Claims as described above, and which are co nsistent w ith the terms o f the M emorandum of Understanding.

SPOA’s support for the Plan shall incl ude statements in papers filed in the Bankruptcy Court and in appearances by its counsel in Bankruptcy Court. SPOA shall use its best efforts to cause its members to vo te to approve the P lan, to withdraw a ny proofs of claim they have filed which are incon sistent with the Memorandum of Understandin g and not object to , or otherwise commence any proceeding against, or take any o ther acti on opposing any of th e ter ms of the Memorandum o f Unde rstanding, the P lan or any disclosure statement fil ed in connection with the P lan. At the City’s request, su ch support may also includ e the execution by SPOA of an agreement to recommend that its members vote in favor of the Plan.

(e) Further Assu rances. The P arties agree to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be reasonably appropriate or necessary, from time to time, to effectuate the EXHIBIT 1

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agreements and understandings of the Parties, whether the same occurs before or after the date of this Agreement.

(f) Release of Claims. Except for the Par ties’ respecti ve obligations stated in the Memorandum of Understand ing, S POA, on behalf of all emp loyees in its bargaining unit, and the City hereby release and discharge each other, a nd their respective past or pre sent pare nts, s ubsidiaries, successors, predecessors, assigns, an d their re spective officers, directors , employees, agents, attor neys, and each of them, from and agai nst an y an d all de fenses, claims, demands, losses, damages, and causes of action of whatev er kind o r nature, whethe r known or unknown, suspected or unsuspected, which either of them may now or hereafter h ave against the other in any w ay relate d to the Clai ms and or Litigation Claims (as such term is defined below). This release shall include, but is not limited to, wi thin thirty (30) days of app roval of the Plan , dismissing with prejudice litigation and c ross litigation clai ms (“ Litigation Cla ims”) pertain ing to San Joaq uin County Superior Court cas e number 39 -2010-00245197-CU-WM- STK, San Joaquin Su perior Court Ca se numb er 39-2010-00253803 and Th ird Appellate District appellate case numbers C070347 a nd C068723. These cases shall remain stayed until the occu rrence of the e ffective date of th e Plan or the dismissal of the chapter 9 case. The Parties agree to waive any and all claims for attorneys’ fees or costs associated with the Litigation Claims.

The Parties, and each of t hem, hereby waive t he provisions of Section 1542 of the California Civil Code, which reads as follows:

A ge neral release does not extend to c laims w hich the creditor does not know or suspect to exist in his or her favor at the ti me of executing th e releas e, wh ich i f known b y him or her must h ave materially affected his settlement with the debtor.

The Parties, and each of them, u nderstand that if the facts with respect to whi ch this release is given turn out to be different from t he facts now known or believed by either of them to be true, each of them expressly assumes the risk of the facts turning out to be di fferent, and agrees that this rele ase shall be in all respects effective and not sub ject to termination or rescission by a ny such di fference in facts.

This r elease sh all be bindin g upon and inur e t o the benefit of the Parties and their respective past or present parents, subsidiaries, successors, predecessors, assigns, and their respecti ve o fficers, directors, employees, age nts, a ttorneys, including but not limited to all bargaining unit employees, and each of them.

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pertaining to those disciplinary cases, but shall apply to any lawsuits filed rela ted to those disciplinary cases.

(g) Resolution of Disput e rega rding the Property at 1132 N . Country Club Rd., Stockton, CA (“the Property”). City agrees to waive SPOA’s obligation to sell the Property identified in Memorandum of Understanding Section 2 3(g), c ontingent on dismis sal of all p ending litigation pursuant to Secti on 23 (f). SPOA shall continue renting the Property to third parties. No SPOA member, family member, agent or person within SPOA’s control shall apply to rent the Property.

(1) In r enting th e Property, SPOA shal l utilize a l icensed third party rental agent not affiliated with SPOA or its agents.

(2) SPOA shall sell the Property not later than Nove mber 1, 2 015, unless this provision is waived in writing by the City.

(3) The Property shall b e maintained in its present st ate a nd SPOA shall exercise its best efforts to ensure that its tenants not interfere with the City Manager’s quiet enjoyment of their home.

(4) SPOA shall not seek to change the use of the Property as a single family residence (maximum two unrelated adults, or two adults and two children).

(5) Notwithstanding the effe ctive date and exp iration date of the Memorandum of Understa nding, this section (g)(1) shall be effective November 1, 2012, and shall apply to the SPOA’s current efforts to l ease the Property. It shall expire upon t he sal e of the Property, unless otherwise agreed by the Parties.

(h) No Admissions. Except to acknowledge resp onsibility to perform the t erms of this Article or to enforce those terms, the Parties agree that nothing contained in this Article or any ac tion taken or the failure to take any action pursuant to th is Article ever is to be co nstrued as an admission or ev idence tending to establish the validity of either Party's claims, including the initial Claims.

(i) Rules of Con struction. The Parties agre e that any ru le of construction to the effect that ambiguit ies are resolved against th e drafting pa rty shall not ap ply to the interpretation of this Article, since both Parties have reviewed it with counsel of their respective ch oice. Otherwise, this Arti cle sh all be governed by and interpreted in accordance with the law of the State of Ca lifornia and the Bankruptcy Code.

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SECTION 24. CONCLUSIVENESS

(a) The specific provisions contained in the Agreement constitute the entire and sole agreement between t he City and the As sociation and shall prevail over existing City ordi nances, resolutions, r ules and regulations, poli cies, p rocedures, and practices wherever there is a direct conflict between previous written policies and practices and a specifically contradictory term of this Agreement. Existing written policies, rules, regulations, ordina nces and res olutions shall be amended to conform to the terms of this Agreement. Only those policies and practices directly and expressly revised by this Agreement shall be deemed to be m odified by this Agreement.

(b) All matters not addressed specifically and expre ssly by this Agreement are, and shall continu e to be , within the exclusive decision -making authority of the Ci ty and shall not be in an y way, directly or ind irectly, subject to any grievance procedure.

(c) This Agr eement may be altered, changes, added to , deleted from, or modified only th rough the voluntary consent of the City and the Association in a written and signed amendment to this Agreement.

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APPENDIX A. COLA AND MARKET ADJUSTMENTS

Year 1- Effective 7/1/22;
Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Police Officer 6,055.40 6,366.58 6,694.48 7,037.52 7,400.36 7,779.88 COLA and MA year 1 (9.8%) 593.44 623.92 656.06 689.68 725.24 762.44 Year 1 - Monthly Salary 6,648.84 6,990.50 7,350.54 7,727.20 8,125.60 8,542.32 COLA and MA year 2 (4%) 265.96 279.62 294.02 309.08 325.04 341.68 Year 2 - Monthly Salary 6,914.80 7,270.12 7,644.56 8,036.28 8,450.64 8,884.00 COLA and MA year 3 (4%) 276.60 290.82 305.78 321.46 338.02 355.36 Year 3 - Monthly Salary 7,191.40 7,560.94 7,950.34 8,357.74 8,788.66 9,239.36

Police Officer Recruit 5,134.74
COLA and MA year 1 (9.8%) 503.22
Year 1 - Monthly Salary 5,637.96
COLA and MA year 2 (4%) 225.51
Year 2 - Monthly Salary 5,863.46
COLA and MA year 3 (4%) 234.56
Year 3 - Monthly Salary 6,098.02

Police Officer Trainee 5,134.74
COLA and MA year 1 (9.8%) 503.22
Year 1 - Monthly Salary 5,637.96
COLA and MA year 2 (4%) 225.51
Year 2 - Monthly Salary 5,863.46
COLA and MA year 3 (4%) 234.56
Year 3 - Monthly Salary 6,098.02

Police Sergeant 7,159.02 7,527.88 7,913.48 8,320.32 8,748.40 9,197.74 COLA and MA year 1 (9.8%) 701.56 737.74 775.52 815.40 857.34 901.38 Year 1 - Monthly Salary 7,860.58 8,265.62 8,689.00 9,135.72 9,605.74 10,099.12 COLA and MA year 2 (4%) 314.42 330.62 347.56 365.42 384.22 403.96 Year 2 - Monthly Salary 8,175.00 8,596.24 9,036.56 9,501.14 9,989.96 10,503.08 COLA and MA year 3 (4%) 327.02 343.86 361.46 380.06 399.60 420.14 Year 3 - Monthly Salary 8,502.02 8,940.10 9,398.02 9,881.20 10,389.56 10,923.22

EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 – June 30, 2025

CITY OF STOCKTON 59

IN WITNES S WHERE OF this Memorandum of Unde rstanding was ratified by a membership vote of the Association on ____________ and by an affirmative vote of the Stockton City Council on ______________. Th e SPOA and the City of Stockton have hereto executed this Memorandum of Understanding this ____day of _________, 2022.

For the City of Stockton: For the Stockton Police Officers Association:

_________________________________ _________________________________

HARRY BLACK PATRICK HIGH
City Manager President

_________________________________ _________________________________

ROSEMARY RIVAS JEREMIAH SKAGGS
Interim Director of Human Resources Vice-President
Approved as to form: _________________________________
LORI M. ASUNCION, City Attorney MARK BARTLEY
Negotiator for Association
By:

_________________________________
MARCI A. ARREDONDO
Deputy City Attorney

By:
_________________________________

BURKE DUNPHY
Negotiator for the City

ATTEST:

________________________________

ELIZA GARZA
City Clerk

EXHIBIT 1

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 regard ing 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 under signed for salary and employee benefit adjustments for the period commencing July 1, 2022, through June 30 , 2025. This agreement shal l supers ede all other existing agreements on these matters set forth herein.

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TABLE OF CONTENTS

Section 1. Recognition ................................................................................................. 1 Section 2. Union Rights ................................................................................................ 2 Section 3. Non-Discrimination ...................................................................................... 5 Section 4. Probation ..................................................................................................... 6 Section 5. Layoff........................................................................................................... 7 Section 6. Reemployment .......................................................................................... 10 Section 7. Discipline ................................................................................................... 11 Section 8. Grievance Procedures ............................................................................... 12 Section 9. Leaves ....................................................................................................... 16 Section 10. Days and Hours of Work ........................................................................... 25 Section 11. Overtime .................................................................................................... 26 Section 12. Holidays ..................................................................................................... 27 Section 13. Compensation and Allowances other than Base Salary ............................ 29 Section 14. Insurance Plans ......................................................................................... 34 Section 15. Salary Plan ................................................................................................ 37 Section 16. Separability of Provisions .......................................................................... 40 Section 17. Practices and existing Memoranda of Understanding ............................... 40 Section 18. Scope of Agreement .................................................................................. 40 Section 19. Duration of Agreement .............................................................................. 40 Section 20. Maintenance of Operations ....................................................................... 41 Section 21. Bankruptcy ................................................................................................ 42 APPENDIX A. COLA and Market Adjustments ............................................................ 43

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Section 1. Recognition

1.1 City Recognition

The City Manager, or any person or organization duly au thorized by the City Manager, is the representative of the City of Stockton, hereinafter referred to as the "City" in employer -employee relations as prov ided 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 chang es 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].

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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 a ny 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 regulatio n 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 2

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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 Me et 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 th e 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 adv anced 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 a n 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.

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 place d on the reemployment list for the appropriate class for re employment 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 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).

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

8.1 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

No grievance involving demotion, suspension, discharge , or other employment penalty will be en tertained 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

(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 2

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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, o r 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 expen ses 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 presen tation, 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.

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any matter or subject arising out of or in connection with such pro posal, 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 Understand- ing or written agree ments or addenda supplementary hereto or to establish any new terms or conditions of employment.

No change in this Memorandum of Understanding or interpre tations 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 co mplaints 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 Understandi ng, 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 Associat ion 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 2

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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 4 0 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 ra te 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.

(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 Reque sting 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 app roval 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 depart- ment 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 Employee s. 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 retir ement 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 servi ce 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 si ck 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.

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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 fo r 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 one - half (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.

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 bu t 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 reem ployed 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 paid - management 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 sell- back 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 t o payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.

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The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except th ose 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 max imum 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 r easons 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.

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9.7 Absence Without Official Leave (AWOL)

(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.

(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 tim e 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.

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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 holiday s 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 2

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observed.

For employees in the Police Department on a ten (10) hour shift schedule, holidays that fall on Saturday or Sunday s hall 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 Ope rations/Patrol shif t 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.

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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 perm it 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 D uring 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 R ate 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 2

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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 AB 340, 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%).

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

2.7% at 57 with only the optional pens ion 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, 201 6, 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. Th e 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

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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 o f 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 a ppropriate 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 compens ation 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 2

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compensation and/or service time provided under this M emorandum of Understanding is outside of the City’s control.

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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 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).

(1) Effective July 1, 2022, the City shall contribute the following:

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) dependent medical/dental/vision plan coverage.

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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 m onthly 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 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, and 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 provide d by the City, in accordance with the rules and regulations applicable to the selected EXHIBIT 2

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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 sha ll 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 sh are. 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.

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SECTION 15. SALARY PLAN

15.1 Salary
(a) Cost of Living Adjustment (COLA)

(1) Effective 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 four percent (4%) increase to base pay (comprised of a 2% COLA and a 2% Market Adjustment).

(3) Effective July 1, 2024, employees will receive a four percent (4%) increase to base pay (comprised of a 2% COLA and a 2% 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 fo r 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 in the military service.

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15.4 Salary Step When Salary Range is Increased

Whenever the mo nthly 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 th an, 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 posit ion 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 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 EXHIBIT 2

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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 obser ve 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 C hief of Police, Traffic Section Commander, Strategic Operations Section Commander, Crimes versus Person/Property Sectio n Commander, Special Investigations Section Commander, Personne l 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.

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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.

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 2025.

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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 sanc tion 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.

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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 M emorandum 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 Cit y’s bankruptcy case based upon the terms of any agreements that precede this M emorandum 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.

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APPENDIX A. COLA AND MARKET ADJUSTMENTS

Year 1- Effective 7/1/22;
Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24

Steps

1 2 3 4 5 6
Police Captain 11,314.50 11,893.82 12,503.18 13,144.00 13,817.72 14,524.34 COLA and MA year 1 (10%) 1,131.46 1,189.38 1,250.30 1,314.40 1,381.78 1,452.42 Year 1 - Monthly Salary 12,445.96 13,083.20 13,753.48 14,458.40 15,199.50 15,976.76 COLA and MA year 2 (4%) 497.84 523.34 550.16 578.32 607.96 639.08 Year 2 - Monthly Salary 12,943.80 13,606.54 14,303.64 15,036.72 15,807.46 16,615.84 COLA and MA year 3 (4%) 517.74 544.24 572.14 601.48 632.30 664.64 Year 3 - Monthly Salary 13,461.54 14,150.78 14,875.78 15,638.20 16,439.76 17,280.48

Police Lieutenant 9,806.86 10,310.34 10,838.18 11,393.18 11,976.78 12,590.42 COLA and MA year 1 (10%) 980.70 1,031.06 1,083.84 1,139.32 1,197.68 1,259.04 Year 1 - Monthly Salary 10,787.56 11,341.40 11,922.02 12,532.50 13,174.46 13,849.46 COLA and MA year 2 (4%) 431.50 453.64 476.86 501.30 526.98 553.98 Year 2 - Monthly Salary 11,219.06 11,795.04 12,398.88 13,033.80 13,701.44 14,403.44 COLA and MA year 3 (4%) 448.76 471.80 495.96 521.36 548.04 576.14 Year 3 - Monthly Salary 11,667.82 12,266.84 12,894.84 13,555.16 14,249.48 14,979.58

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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 Rosemary Rivas
Vice President Interim Director of Human Resources
Approved as to form: Approved as to form:

Goyette & Associates, Inc. Lori M. Asuncion, 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

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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, opin ions, 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 term s 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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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 3

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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 3

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13.8 Uniform Allowance ................................................................................... 33

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 3

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SECTION 16. SEPARABILITY OF PROVISIONS ......................................................... 45 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING .. 45 SECTION 18. SCOPE OF AGREEMENT ..................................................................... 45 SECTION 19. DURATION OF AGREEMENT ............................................................... 45 SECTION 20. MAINTENANCE OF OPERATIONS ....................................................... 46 APPENDIX A. City Of Stockton's New Medical Response Squad ................................. 47 APPENDIX B. COLA AND MARKET ADJUSTMENTS ................................................. 48

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SECTION 1. RECOGNITION

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

(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 3

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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 sh all 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 d esignated 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.

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 shall be given the opportunity to negotiate, if requested, with the man agement 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 op portunity, if requested, to negotiate EXHIBIT 3

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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 a re 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 a re 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) 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:

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 als o 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 M emorandum 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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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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(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 followin g 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.

If two (2) or more employees have the same seniority, the order of seniority shall be determined b y 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) Displacing the employee in the same department a nd 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 abse nce 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 th e 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 demot ed, 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 appoin tment 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 a ny 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, b elow, 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

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) business days of the time the affected employee received written notification of such action.

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 employe e 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 3

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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 reporte r 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 Section 8.1, above.

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.

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 unt il 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.

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.

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SECTION 9. LEAVES

9.1 Vacation Leave
(a) Accrued Vacation Allowance . All regu lar status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:
(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) 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 Dep artment’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 ha ve 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.

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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 fo r 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 t o 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.

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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 stat ement, 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 illne ss 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 3

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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. Employe es 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 m ay be applied to C alPERS 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 g rant 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.

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.
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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 i n 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, t ogether 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 b y 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 3

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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.

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.

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 emp loyment 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 a bsence 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
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 payme nt, 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 b y 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 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 person al 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 mat ter 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 equiv alent 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 l eaves 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.

Authorized absences without pay that exceed thirty (30) consecutive calendar days, except military leave, shall not be included in determ ining 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 twel ve (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 H uman 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 ha s 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 o r 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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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.

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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 schedul e (e.g. fire prevention, training division, etc.). “Day shift employees” also includes firefighters and fire recruits assigned to the fire training academy.

(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.

(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 3

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of this modi fication is approximately thirty -five one-hundredths percent (0.35%) 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 wo rk 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 3

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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 att empt 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.

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SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this M emorandum 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 classification s 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 posi tions 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 ob serve holidays, the department head , with due consideration for the wishes of the employee, may authorize the birthday EXHIBIT 3

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holiday to be taken within sixty (60) calendar days 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) 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: Sic k 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 nin e 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 3

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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 o r before December 28, 2012 agree to continue sharing the cost of the CalPERS 3% at 50 local safety pension formula plan by contribu ting 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 pen sion on a pre -tax basis. If Cal PERS 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 th rough 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 possib le, 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 statutor ily required enhancements. Employees shall continue contributing nine percent (9%) on a pre - tax 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 pe rcent (50%) of the “normal” cost as determined by CalPERS on a pre -tax basis for the pension benefit EXHIBIT 3

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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 requiremen ts 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 o n 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 activiti es. 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 o r EXHIBIT 3

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

(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.

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(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 3

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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.

13.16 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 EXHIBIT 3

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SECTION 14. INSURANCE PLANS

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

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SECTION 15. SALARY PLAN

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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 3

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time of their separation unless there has been an increase within the salary range.

15.9 Salary Adjustments

(b) Effective July 1, 2023, all bargaining unit classifications will receive a four percent (4%) increase to base pay (comprised of a two percent (2%) COLA and a two percent (2%) Market Adjustment).

(c) Effective July 1, 2024, all bargaining unit classifications will receive a four percent (4%) increase to base pay (comprised of a two percent (2%) COLA and a two percent (2%) Market Adjustment).

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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 s uch 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.

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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 e quipment (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 employ ment (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.

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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 departme nt, 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.

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APPENDIX B. COLA and Market Adjustments
Year 1- Effective 7/1/22;
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 7,957.48 8,366.62 8,795.89 9,247.94 9,722.83 10,223.20 - - - COLA and MA year 2 (4%) 318.30 334.66 351.84 369.92 388.91 408.93 - - - Year 2 - Monthly Salary 8,275.77 8,701.29 9,147.73 9,617.85 10,111.74 10,632.12 - - - COLA and MA year 3 (4%) 331.03 348.05 365.91 384.71 404.47 425.28 - - - Year 3 - Monthly Salary 8,606.81 9,049.34 9,513.64 10,002.57 10,516.21 11,057.41 - - -

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 (4%) 299.97 315.40 331.58 348.63 366.53 385.40 - - - Year 2 - Monthly Salary 7,799.31 8,200.40 8,621.20 9,064.36 9,529.87 10,020.39 - - - COLA and MA year 3 (4%) 311.97 328.02 344.85 362.57 381.19 400.82 - - - Year 3 - Monthly Salary 8,111.28 8,528.41 8,966.05 9,426.93 9,911.07 10,421.20 - - -

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 10,573.57 11,117.72 - - - COLA and MA year 2 (4%) 346.15 363.95 382.62 402.29 422.94 444.71 - - - Year 2 - Monthly Salary 8,999.90 9,462.65 9,948.14 10,459.43 10,996.51 11,562.43 - - - COLA and MA year 3 (4%) 360.00 378.51 397.93 418.38 439.86 462.50 - - - Year 3 - Monthly Salary 9,359.90 9,841.16 10,346.06 10,877.80 11,436.37 12,024.93 - - -

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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 5,502.38 5,785.52 6,082.59 6,396.17 6,725.00 7,070.33 7,433.43 7,815.58 COLA and MA year 2 (4%) 209.33 220.10 231.42 243.30 255.85 269.00 282.81 297.34 312.62 Year 2 - Monthly Salary 5,442.56 5,722.47 6,016.94 6,325.90 6,652.02 6,994.00 7,353.14 7,730.76 8,128.20 COLA and MA year 3 (4%) 217.70 228.90 240.68 253.04 266.08 279.76 294.13 309.23 325.13 Year 3 - Monthly Salary 5,660.26 5,951.37 6,257.62 6,578.93 6,918.10 7,273.76 7,647.27 8,039.99 8,453.33

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 (4%) 197.26 207.41 218.09 229.29 241.11 253.51 266.53 280.22 294.63 Year 2 - Monthly Salary 5,128.83 5,392.68 5,670.21 5,961.44 6,268.86 6,591.20 6,929.73 7,285.66 7,660.27 COLA and MA year 3 (4%) 205.15 215.71 226.81 238.46 250.75 263.65 277.19 291.43 306.41 Year 3 - Monthly Salary 5,333.98 5,608.39 5,897.02 6,199.89 6,519.61 6,854.85 7,206.92 7,577.08 7,966.68

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 5,929.19 6,232.97 6,555.17 6,892.25 7,246.23 7,618.42 8,010.13 - COLA and MA year 2 (4%) 225.56 237.17 249.32 262.21 275.69 289.85 304.74 320.41 - Year 2 - Monthly Salary 5,864.54 6,166.36 6,482.29 6,817.38 7,167.94 7,536.08 7,923.15 8,330.54 - COLA and MA year 3 (4%) 234.58 246.65 259.29 272.70 286.72 301.44 316.93 333.22 - Year 3 - Monthly Salary 6,099.12 6,413.01 6,741.58 7,090.08 7,454.66 7,837.52 8,240.08 8,663.76 -

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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 6,567.46 6,904.54 7,260.45 7,632.73 8,025.11 8,437.36 - - - COLA and MA year 2 (4%) 262.70 276.18 290.42 305.31 321.00 337.49 - - - Year 2 - Monthly Salary 6,830.16 7,180.72 7,550.87 7,938.03 8,346.11 8,774.85 - - - COLA and MA year 3 (4%) 273.21 287.23 302.03 317.52 333.84 350.99 - - - Year 3 - Monthly Salary 7,103.37 7,467.95 7,852.91 8,255.56 8,679.96 9,125.85 - - -

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 8,300.58 8,727.30 9,175.63 - - - COLA and MA year 2 (4%) 285.68 300.35 315.83 332.02 349.09 367.03 - - - Year 2 - Monthly Salary 7,427.80 7,809.04 8,211.57 8,632.61 9,076.39 9,542.66 - - - COLA and MA year 3 (4%) 297.11 312.36 328.46 345.30 363.06 381.71 - - - Year 3 - Monthly Salary 7,724.92 8,121.40 8,540.04 8,977.91 9,439.44 9,924.36 - - -

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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 ROSEMARY RIVAS
Fire Unit Representative Interim Director of Human Resources

Approved as to form: Approved as to form:

RAINS LUCIA STERN, PC LORI M. ASUNCION, 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

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FIRE SERVICES MANAGEMENT UNIT

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

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