MEMORANDUM OF UNDERSTANDING BETWEEN THE STOCKTON POLICE
OFFICERS ASSOCIATION AND CITY OF STOCKTON
TERM: July 1, 202219 – June 30, 202522
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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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TABLE OF CONTENTS
Section 1. Recognition ............................................................................................... 433 Section 2. Union Rights .............................................................................................. 544 Section 3. Compliance With Local, State & Federal Laws .............................................. 7 Section 4. Probationary Period ....................................................................................... 8 Section 5. Layoff .......................................................................................................... 10 Section 6. ReeEmployment/Reinstatement ............................................................ 13212 Section 7. Discipline ............................................................................................... 14313 Section 8. Grievance Procedures ................................................................................. 14 Section 9. Leaves ......................................................................................................... 18 Section 10. Days And Hours of Work ................ 27Section 10. Days And Hours of Work ........................................................................................................................... 27 Section 11. Overtime .................................................................. 28Section 11. Overtime ........................................................................................................................... 28 Section 12. Holidays .................................................................... 32Section 12. Holidays ........................................................................................................................... 32 Section 13. Compensation and Allowances Other Than Base Salary ........ 34Section 13.
Compensation and Allowances Other Than Base Salary ................................... 34 Section 14. Insurance Plans ............................................. 41Section 14. Insurance Plans ........................................................................................................................... 41 Section 15. Salary Plan .......................................................... 45Section 15. Salary Plan ........................................................................................................................... 45 Section 16. Residency .............................................................. 50Section 16. Residency ........................................................................................................................... 50 Section 17. Severability of Provisions .............. 50Section 17. Severability of Provisions ........................................................................................................................... 50 Section 18. Past Practices and Existing Memoranda Of Understanding .... 50Section 18.
Past Practices and Existing Memoranda Of Understanding ............................... 50 Section 19. Scope Of Agreement ............................ 50Section 19. Scope Of Agreement ........................................................................................................................... 50 Section 20. Duration .................................................................... 50Section 20. Duration ........................................................................................................................... 50
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Section 21. Maintenance Of Operations ........ 51Section 21. Maintenance Of Operations ........................................................................................................................... 51 Section 22. City Rights ............................................................ 52Section 22. City Rights ........................................................................................................................... 52 Section 23. Conditional Agreement Re Plan Support And Treatment Of Claims ......... 53Section 23. Conditional Agreement Re: Plan Support And Treatment Of Claims ................................................................................................................ 53 Section 24. Conclusiveness ............................................ 57Section 24. Conclusiveness ........................................................................................................................... 57 APPENDIX A. Salary ScheduleCOLA and Market Adjustments ........................ 6358587 APPENDIX B. City Of Stockton Modified Employees Medical Plan With Medical Plan Changes Effective September 1, 2011 ............................................................... 59
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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 Association (“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.
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SECTION 2. UNION RIGHTS
2.1 Union Membership Dues and Payroll Deductions
(a) In acco rdance with the Senate Bill (SB) 866, tThe parties agree to the following process for making, c ancelling, 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 requirement 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 cancel 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 cancel lations, received by the City prior to the 15th of the mo nth will be processed no later than the first pay period 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 perio d in M arch. The parties recognize there is a lapse in
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time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision.
(c) The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City wh ich may arise as a result of its deductions for memb ership dues o r other programs sponsored by the Union.
2.2 New Hire Employee Orientation and Information Requirements
(a) In accorda nce with Assem bly Bi ll (AB) 119, the City shall provide the Union i) no t less than ten ( 10) days’ notice in advance of new hire emplo yee 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 (currently HTE):
(1) 1. Name;
(2) 2. Job title;
(3) 3. Department;
(4) 4. Work location;
(5) 5. Personal cellular telephone numbers, including work and home; (6) 6. Personal email addresses as provided by new hire employee; and (7) 7. Home address.
The above information shall b e 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 board s 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 department head or his/hertheir designated repr esentative when con tacting department employees on City facilities dur ing the duty period of the employees, 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. Prearrangement for routine contact may be made
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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 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 Meet 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.
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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 veterans status, phys ical orand mental disability, medical condition, genetic information, marital status, sexu al orientation, sex ( sexual, 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 Fair Labor Standards Act . The Association shall cooperate with the City in the objectives of the Fair Labor Standards Act.
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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 his/hertheir position, and f or elimina ting any probationary employee whose performance 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 P eace 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 he/she wasthey were promoted unless charges are filed and he/she isthey are discharged in the man ner provided in the City Charter Article X XXII Section 9, Civil Service Ordinance and Civil Service Rules.
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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 his their promotional probationary period for the lower rank while serving in the higher probationary or appointive rank.
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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 theirhis 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 permanent regular status employee shall be laid off while employees working in an extra help, s easonal, temp orary, provisional, or probat ionary status are retained in the same classification as such permanent regular status employee.
The order o f layoff am ong employees not having permanent regular status shall be according to the following categories:
(a) a. Extra help or seasonal c. Temporary
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(b) b. Provisional d. Probationary
(c) Temporary
(d) Probationary
Layoffs shall be by job classification accord ing to service in that class, except as specified above. 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 permanent 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 emp loyee had prior permanent regular status, thus displacing the employee working in that c lassification who has t he least seniority in that classification. The 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 e mployee in the classified ser vice who has been per forming theirhis duties in a satisfactory manner, as shown by the records of the departmen t in which he has they have been employed, is laid off because of lack of funds or abolition of his/her their position or has been on authorized leave of absence and is ready to report for duty when a position is open, t he 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 A ppointment pertaining to Po lice safety positions, cur rently 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 permanent employee who has resigned in good standing may, with the recommendation of the Police Chief, the City Manager, and the approval of the Civil Service Commission, be restored to a reemployment list of the same classification upon as held upon resignation within a period of one (1) year from the effective date of his/hertheir 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 Rresources within ten (10) business days of written notification o f the action, or fourteen (14) b usiness da ys following the mailing of a written notice by first - class mail to the employee' s address contained in his/hertheir 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 rules, 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 his/hertheir 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) (a) Step 1 - Departmental Revi ew. Any employee who believes that he/she hasclaiming t o have a grievance may discuss thehis complaint with such manageme nt official in the depar tment in which he/she workswhere em ployed as the departm ent h ead may desi gnate. If the issue is not resolved within the department within seven (7) business days from the day of presentation, or if the employee elects to submit thehis/her grievance di rectly to the Association recognized as the representative o f that employee’shis/her classification, the proc edures hereinafter s pecified may be invoked.
(b) (b) Step 2 - Director of Human Resources Review . Any employee or any official of the Association may notify the Director of Human Resources in writing that a gri evance exists, stating the particulars of the grie vance 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 grievance m ay be processed under the following tw o paragraphs which has not first been filed and
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investigated in accordance with this paragraph except for the resolution of compensation complaints.
(c) (c) Step 3 - City Manager Review. 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 statem ent 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 Association, 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) (d) Step 4 - Arbitration. Either the Association or the City may require that the gri evance be refe rred to an im partial arbitrator who shall be designated by mutual ag reement between the Associa tion and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, h owever, shall bear the cost of its own presentation, inc luding preparation and pos t- hearing briefs, if any.
(e) (e) Effect of Decisio n. The decisio n of the arbitrator on matters properly before themhim/her shall be final and binding on the parties hereto except as 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 paragraph 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
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Understanding or written agree ments o r addenda supplemen tary her eto or to establish any new terms or conditions of employment.
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 the 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 theirhis judgment for the judgment of management and if theyhe finds that the City had such right, theyhe 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 in re presentation units represented by the Association shall be proces sed under th is Section. If the City Charter requires that a differing option be available to the empl oyee, no action under parag raph (d) of su bsection 8.3 above shall be tak en unless it is determined that th e employee is not availing himself/herselfthemselves of such option.
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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.
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, h owever, 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 him/herthem from performing theirhis/her 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 partner, 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 theirhis 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 theirhis supervisor as promptly a s possible of theirhis absence.
Before an employee may be paid for the use of accrued sick leave, theyhe shall complete and submit to theirhis department he ad a signed
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statement, on a prescribed form, stating the da tes and hours of absenc e, type of sick leave to be used , and such other information as is n ecessary for thehis request to be evaluated. If an empl oyee does not return to work prior to t he 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 he/shethey deem nec essary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that he or shethey will be required to provide such d ocumentation. Employees who have unscheduled absences due to illness 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.
AIf, after subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance r emaining upon separation shall be paid as follows to employees who have remained in City service until the dates 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 leave which the employee held on 2/16/12February 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 2/16/12February 16, 2012 shall be p aid at fifty percent ( 50%) of it’s 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 theirhis 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 eligible list for such positi on in the order of their seniority of emp loyment and
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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 du ty or as a witness until afternoon court session, he/shethey will be expected to work theirhis usual morning schedule. 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, theyhe/she shall work the remainder of his/hertheir usual afternoon schedule.
(c)(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 oin behalf of the City of Stockton in connection with a case in which the City of Stockton is a party, together with travel time necessarily involv ed, shall not be considered absent from duty within the meaning of this Section.
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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 his/hertheir accumulated sick leave cr edits or vacation eligibility. The City Manager may grant an additional three (3) days bereavement leave upon request which shall be charged against the emplo yee's accumulated sick leave credi ts in cases where extensive travel is required to atten d the funeral.
For the purposes of this Section, the i mmediate family shall b e restricted to the employees’’s parents, spouse, registered domestic partner, child, step child, brother, sister, mother -in-law, father -in-law, brothe r-in-law, sister -in-law, grandparent, and grandchild.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, b rother, 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 his/hertheir supervisor no mat ter 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 facilities designated by the City unless they have filed a p re-designation of a 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.
9.6 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
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employee the right to return to a positi on in the same classification or equivalent classification, as the employee held at the time leave was grante d. The granting of any leave of ab sence shall be based on th e 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 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 w as pai d ex cept those that employees on a n authorized leave of abse nce may con tinue en rollment in the City hea lth insurance p lan by prepay ment of the monthly premium durin g 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 abse nt from his/hertheir position by reason o f an injury or disease for which he/she isthey are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.
9.7 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 i llness 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.
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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 prescribed form to theirhis department head and the City Man ager describing the re asons for the reque st and all oth er information required for the depart ment head, o r theirhis representative, to eva luate t he request. Leaves without pay may be canceled by the depa rtment head at any time.
9.8 Absence Without Leave
(a) Refusal of L eave or Fai lure 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 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 Director 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 -1/2 years continuous employment ................. 80 hours/year After 1½ -1/2 years up to 7½ 1/2 years……………………… 108 hours/year After 7½ -1/2 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,
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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 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, theyhe/she shall retain his/hertheir existing earned v acation, but s hall not earn 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 Sellback. An emp loyee may elect to receive cash payment up to a maximum of forty (40) hours of his/her accumulated vacation balance effective for FY 2020/2021 and 2021/2022 . An employee may elect t o receive a cash payme nt fo r a maximum of forty (40) hours o f his/her unused accumulated vacation balance after the use of a schedu led vacation o f forty (40 ) hours or more i n the same or prio r fisc al year. To utilize this op tion, employees must main tain a balance of forty (40)
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accrued vacation hours after the cash payment. When in effect, this option may be exercised once per fiscal y ear. Employees may elect this option by December 31 of each year for the cash out the following calendar year.
The cash out election is irrevocable and the City will follow IRS regulations regarding cash payment of leave.
(de) Vacation Allowance for Separated Employees
(1) An eli gible employee separati ng from City servic e for any reason who has unused vacation time shall 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 ha s resigned in good standing an d is subsequently reinstated within one (1) year from the date of theirhis resignation shall h ave theirhis 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.
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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 k week 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 cur rent 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 th e date of separation in accordance towith the City’s leave policies.
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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 conditio ns, 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 (1½-1/2) including 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 compen sated time off not specifically ide ntified above shall not be considered as time worked.
(c) Notwithstanding subparagraph “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 (1½-1/2) or actual time worked at the appropriate rate, whichever is greater.
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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 compensatio n. 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 employe es who voluntarily place themselves on standby for court appearance while off duty shall receive one (1) hour of pay at the re gular rate for the four (4) hours of standby for the a.m. and, if required to remain on standby, one (1) addition al hour at the re gular rate of pay for the additional four (4) hours of standby for 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 -1/2) or actual time worked at time and one -half (1½-1/2), if eligible for ove rtime 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 seven (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 (1½-1/2).
No more t han eighty (80) hours (f ifty-six and one -third hours [56-1/3]) worked at time and one -half (1½-1/2) 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 cashfor 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
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head, but once approved, cannot be ch anged unless an emergency 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, all 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 are placed on standby on Saturday or Sunday or 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 (1½-1/2) for all actual time wo rked while on standby duty status only if eligible for overtime as defined above. An employee shall not c ontinue to r eceive the “standby” premium du ring actual time worked or for an y hours paid as o vertime or cal l back. Standby is not cons idered as time in “paid status because of work performed” for purposes of calculating overtime.
Employees who are placed on s tandby a fter the end of their shift their norma l tour of on a regular work day shall receive three dollars ($3.00) per hour for each hour of standby. An employee shall earn time and one-half (1½-1/2) for all actual time worked while on standby duty st atus only if eligi ble for overtime as defined 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 Departme nt within a forty-five (45) mi nute response time availability to the Police Department.
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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 receive overtime only in 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.
(a)
(b) Special events are defined as hireback which is n ot patrol hireback an d does not have an enforcement related function.
(b)
(c) Pay Rrate.
(c)
(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. i.
(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 POA Association thirty (30) days bef ore implementing such a system.
ii.
(d) Sergeants hired to fill a Ssergeant’s position for special events will be paid based on their regular rate.
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SECTION 12. HOLIDAYS
12.1 Holidays Observed by the City
Effective upon the firs t full pay period following ratification for this Memorandum of UnderstandingOU by Stockton Police Officers Association and approval by the City Council on its regular agenda in accordance with the Ralph M . Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday.
Unless otherwise provided in this sSection, 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 in Section 12.1above.
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, afterbeginning on the day of the employee’s birthday.
12.2 Holiday Compensation
(a) Non-Patrol Assignments.
(a) All regular and probationary Police Unit employees who are not assigned
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to the traditional 10-plan Field Operations/Patrol shift schedule, and are in assignments whic h observe City Holidays sh all be entitled to take each holiday off with full pay for 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.
(b) All regular and probationary P olice Unit employees assig ned to th e traditional 10 -plan Fiel d Operations/Patrol shift schedule s hall rec eive 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 staff ing without regard to ho lidays. For Unit members requi red t o work on a n 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.
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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) towards the emp loyee’s share o f cost for PERS pension. Such amounts will be applied to the employee’s individual account. (b) Non Sworn P olice Officer Trainee . The City and the 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 P.E.R.S. Local Miscellaneous Members Plan. Such amou nts will be applied to th e employee’s individual acc ount in acc ordance with Government Code Ssection 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 milit ary 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 P.E.R.S. Fourth Level Of 1959 Survivor Benefits
The City p rovides P.E.R.S. 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 P.E.R.S.
Administration Board.
13.4 P.E.R.S. 3% At Ag e 50 Retirement for Employees Hired on or be fore December 31, 2012
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On July 21, 2000, the City made application to PERS to provide P .E.R.S.
California Government Code section 21362.2 (3% at a ge 50) as a n amendment retirement benefit, to be effective upon adoption by the Stockton City Council and the P.E.R.S. Administration Board.
13.5 PERS Benefits for Employees hired on or after January 1, 2013
(a) (a) The City shall amend its CalPERS contract to eliminate 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:
(b) 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:
(c) Employees hired on o r after January 1, 2013, shall b e sub ject t o the AB340 PERS pension formula of 2.7 % @ 5 7 with no optional pensi on enhancements and the ot her provisions of the retirement tier they were hired under. Empl oyees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% @ 57 as determined by CalPERS.
13.6 Uniform Allowance
(a) Employees in this unit sh all 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 employees durin g the months of April and October.
(b) Protective Vests . - The Cit y shall provide safety prote ctive vest and annual testing by lot number.
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13.7 P.O.S.T. Incentive Pay
(a) The City will pay three percent (3%) of the Police Officer top salary step in rank for employees who attain an Intermediate P.O.S.T. Certificate and six percent (6%) of the Police Officer top salary step in rank for employees who attain an Advanced P.O.S.T. Certificate.
(b) Effective January 1, 19 99, Tthe Cit y will pay three percent (3%) of the Police Sergeant top salary step for employees who attain an Intermediate P.O.S.T. Certificate, and si x p ercent (6%) of the Police Sergeant top salary step for employees who attain an Advanced P.O.S.T. Certificate. (bc) The Personnel and Training Division of the Po lice Department will submit the appropriate paperwork to the Human Resources Services 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 grandfathered, 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
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(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 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 officer 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 the his or hertheir contributions to P.E.R.S. (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
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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.
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 (1½-1/2) 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 (4.25) hours per month, at the rate of one and one -half (1½-1/2) 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
Effective July 1, 2005, the pay for Uunit members assigned to EOD shall be paid a maximum of five (5 ) hours per month a t the rate of one and one-half (1½-1/2) time.
13.13 SWAT Compensation
Effective the first full pay period afte r the ef fective date of this con tract, the pay for 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 (1½-1/2) time.
13.14 Field Training Officer Compensation
Effective July 1, 2005, Tthe pay for unit members assigned as ato Field Training Officer shall be five percent (5.0%) of the top salary step of rank.
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13.15 Bilingual Pay
Effective July 1, 2005, Tthe pay for qualified and approved bilingual skills 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.
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 M emorandum of Understanding OU are s ubject to CalPE RS service credit or pensionable income. Any de termination by CalPERS to not fully credit the compensation and/or service time provided under t his Memorandum of UnderstandingOU 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
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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 (1½-1/2) time. Compensa tion 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 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 Associ ation agrees at the City’s r equest, to the meet and confer on any changes that are wi thin mandatory scope of bar gaining in a ny Cit y proposals related to its City sponsored medical 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 any of the City sponsored medical, dental and vision plans. Ea ch plan sha ll offer an eEmployee only, eEmployee plus oOne (1) and eEmployee 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 mMedical, dDental, and vVision insurance on the first day of the month following date of hire . An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber i n a City offered medical plan or , as the dependent spouse/registered d omestic partner or another eligible 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 on ly one (1) employee plan (i.e., an employee and his or her their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Towards the Cost of Insurance Programs. :
1.(1) Effective upon the first full pay period following approval by the City Council on its regular agenda in accordance with t he R alph M.
Brown Act July 1, 2022, the City shall contribute the following:
a. a. up t o $697.00657 per month toward the cost of the monthly pr emium f or employee-only me dical/dental/vision plan coverage.
b. b. up to $ 1,265.001,192 per month towa rd the cost of the monthly premium for emp loyee plus one (1) dependent medical/dental/vision plan coverage.
c. c. up to $1,685.001,588 per month toward the c ost of
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the monthly premium for employee plus tw o (2) or more dependents medical/dental/vision plan coverage.
(2) 2. Effective July 1, 20232020, City sh all contri bute the following:
a. up to $711.00670 per month toward the cost of the monthly premium for employee -only medical/dental/vision plan
coverage.
b. up to $ 1,290.001,216 per month towar d the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. up to $1,719.001,620 per month toward the cost of the monthly prem ium f or employee plus two (2) or more
dependents medical/dental/vision plan coverage.
(3) 3. Effective July 1, 20242021, City shall contribute the following:
a. a. up to $ 725.00683 per month to ward the cost of the monthly premium for employee-only medical/dental /vision plan coverage.
b. b. up to $ 1,316.001,240 per month toward the cost of the monthl y premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. c. up to $1,753.001,652 per m onth to ward the cost of the mont hly premi um for employee plus t wo (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 con tribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employe e contributions for medical, /vision, and /dental to be pre -tax premium conversion.
(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
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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.
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 POA Association’s membership votes to approve member contributions to the Receiving Trust, the City agrees to deduct those contributio ns (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
Effective July 1, 2012, Tthe City shall p rovide each employ ee group term life insurance coverage with a face value of fifty thousand dolla rs ($50,000.00). In
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addition, employees may purchase additional voluntary life through their union or through the City’s IRS 125 vendor.
14.4 Long Term Disability Insurance
Effective July 1, 2012, Tthe City sh all reduce the base pay of employees in this unit 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 purchasing Long Term Disa bility Insurance. The Associatio n recognizes and agrees that it is their respons ibility for purchasing a Preferred Long Term Disability Program for its represented employees or otherwise i nvesting such payments pursuant to this section as it deems appropriate.
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SECTION 15. SALARY PLAN
15.1 Salary
(a) Cost of Living Adjustment (COLA)
(a)
(1) Effective upon the first full pay period following approval by the City Council on its regular agenda i n acco rdance with the Ralph M .
Brown ActJuly 1, 2022 , employees wil l receive a nine point eigh t percent (9.8%) increase4% COLA 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.
(1)
(2) Effective July 1, 20232021, employees will receive a four percent (4%) increase2% COLA to base pay (comprised of a 2% COLA and a 2% Market Adjustment).
(2)(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) Market Adjustment
(1) Effective upon the first full pay period following approval by the City Council on its regular agenda i n accordance with the R alph M.
Brown Act, employees in the cl assification of Police Serge ant and Police Officer will receive a market adjustment of 1%.
(2) Effective July 1, 202 1, emp loyees in the classification of Po lice Sergeant a nd Police Officer will rece ive a market adjustment of
0.5%.
(b) Lump Sum Payment
(c)
(1) Each employee who was employed in the bargaining unit as of July 1, 2019July 1, 2023 and remains employed as of the first full pay period following adoption of this Agreement will re ceive a $1,650$5,000 lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
(d) Salary Survey
(1) Upon r equest of the SPOA, b ut no sooner th an October 1, 2021, the parties agree to discuss ( 1) Salary Su rvey Jurisdictions and (2) Salary S urvey Elements to be
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utilized by both pa rties during t he next round of negotiations for the successor MOU.
The parties ende avor to complete this process by the start of the next round of MOU negotiations. In t he event par ties do not reach a consensus on th e jurisdictions and elements, the parties would be able to perfor m their own surveys during the next round of MOU negotiations.
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 entrance 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.
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 M emorandum of Understa ndingOU to a different sc hedule fo r step increase shall be adju sted accordin gly. In a case
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where a person poss esses unusual qualifications, the City Manage r may authorize appointment above the f irst salary step after receiving the recommendation of the de partment head. The same provisions shall apply to hourly-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.
The sixth salary step shall be paid upo n the employee’s satisfactory completion of one (1) yeartwelve (12) months of service at the fifth 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 ach ieved the le vel of per formance required forto the position, the recommendation of notice must be received by the City Manager at least four
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(4) weeks in advance of the empl oyee’s eligibility date. The affected employ ee 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 only the status of Non-Sworn Police Officer Trainee shall be paid at Step 1 of the Police Officer Trainee salary range. 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 service, are be entitled to the automatic salary advancements within the range scale of the established wa ge sch edule of their classifications for the period they were in the military service.
15.8 Salary Step When Salary Range Is Increased
Whenever the 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 he has they have been receiving, except that the next s tep sh all not
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exceed the maximum salary of the higher class. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the s alary prescribe d for the class to which he is 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, theirhis salary shall no t be higher than theirhis salary at the time of theirhis separation unless there has been an increase within the salary 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 compens ation 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, Technical 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 “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 possible 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 jurisdiction 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 Understanding 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 Memorandum 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.
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SECTION 20. DURATION
All provisions of this Memorandum of Understanding shall be effective July 1, 202219, and shall remain in full force and effect to and including the 30th day of June, 202522.
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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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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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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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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 to 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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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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SECTION 23. CONDITIONAL AGREEMENT RE: PLAN SUPPORT AND
TREATMENT OF CLAIMS
1.(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 MOUMemorandum of Understanding, or as a pplicable, its successor Memorandum of UnderstandingOU. All 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.
2.(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 ($13,000,000).
In consider ation of resolving the a bove diffe rences and agreement on t he Memorandum of Under standingOU, the Ci ty agree s that the Claims shall be provided for in the Plan as follows:
(a)(1) The Claims will be deemed allowed in the chapter 9 case in the aggregate amount of e ight m illion, five hundred thousand dollars ($ 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 UnderstandingOU by the Parties and, if n ecessary, by the Ba nkruptcy Court, twenty-two (22) additio nal hours of pai d leave in fiscal year 2012 - 2013. These additional hours of p aid leave shall have no cash value and shall be utilized any t ime prior to the d ate upon which the SPOA member leaves emp loyment with the Ci ty. Onl y those emplo yees who were employed during some portion of the period July 1, 2010 and July 1, 2012 and who were still cur rent employees upon the ef fective d ate of this Agreement shall be entitled to this treatment.
(b)(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
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approval of the Pl an a nd eleven (1 1) additional paid leave hours in the 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 shall 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.
(c)(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.
(a)(c) 3. Implementation of 20 12-2014 SPOA M emorandum of UnderstandingOU.
The City sh all inclu de in its pr oposed Pl an pr ovisions that give e ffect to, and comport with the terms of this Agreement.
(b)(d) 4. Plan Support. SPOA agrees to use its best efforts to support the Plan, the provisions of which in clude the treatment of the Cl aims as described above, and which are co nsistent w ith the terms o f the M emorandum of UnderstandingOU.
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 gOU and not object to , or otherwise com mence any proceeding against, or take any other action opposing any of the terms of the Memorandum of UnderstandingOU, the Plan or any disclosure statement filed 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) 5. Further Assurances. . The Parties agree to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as
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may be reasonably appropriate or necessary, from time to time, to effectuate the agreements and understandings of the Parties, whether the same occurs before or after the date of this Agreement.
(f) 6. Release of Claims. Except for the Parties’ respective obligations stated in the Memorandum of Understand ingOU, SPOA, 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 ha ve 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 cross 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 difference 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, attor neys, including but not limited to all bargaining unit employees, and each of them.
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This r elease shall no t apply to any pe nding disciplinary cases, or griev ances pertaining to those disciplinary cases, but shall apply to any lawsuits filed rela ted to those disciplinary cases.
(g) 7. 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 OU Section 2 3(g).7, contingent on dismis sal of all p ending litigation pursuant to Secti on 23 (f).6.
SPOA shall conti nue renting the Property to t hird parties. No SPOA member, family mem ber, agent or person with in SPOA’s control shal l apply to rent the Property.
a)(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.
b)(2) SPOA shall sell the Property not later than Nove mber 1, 2 015, unless this provision is waived in writing by the City.
c)(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 theirhis home.
d)(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).
e)(5) Notwithstanding the effe ctive date and exp iration date of the Memorandum of Understa ndingOU, this section (g)(1)7(a) shall be effective November 1, 2012, and shall apply to the SPOA’s current efforts to l ease the Proper ty. It shall expire upon t he sal e of the Property, unless otherwise agreed by the Parties.
(h) 8. No Admissions. Except to acknowledge responsibility to perform the t erms of this Article o r to enforce those terms, the Parties agree that nothing contained in this Article or any action taken or the failure to take any action pursuant to this 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) 9. Rules of Con struction. The Parties agree that any rule 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
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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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Bankruptcy Code.
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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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.
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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APPENDIX A. COLA AND MARKET ADJUSTMENTS
SALARY SCHEDULE
Effective June 1, 2020:
Salary Steps
Job Classification 1 2 3 4 5 6
Police Officer
5,908.85 6,212.50 6,532.46 6,867.21 7,221.27 7,591.61
Police Officer
Recruit 5,033.88
Police Officer
Trainee 5,033.88
Police Sergeant 6,985.77 7,345.71 7,721.96 8,118.96 8,536.68 8,975.14
Effective July 1, 2021:
Salary Steps
Job Classification 1 2 3 4 5 6
Police Officer 6,055.17 6,366.34 6,694.22 7,037.26 7,400.08 7,779.59 Police Officer
Recruit 5,134.56
Police Officer
Trainee 5,134.56
Police Sergeant 7,158.75 7,527.60 7,913.17 8,320.00 8,748.06 9,197.38 Year 1- Effective the first full pay period following Council adoption but no earlier than 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
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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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
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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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APPENDIX B. CITY OF STOCKTON MODIFIED EMPLOYEES MEDICAL PLAN WITH MEDICAL PLAN CHANGES EFFECTIVE SEPTEMBER 1, 2011
Plan Feature Coverage Amount
When Provided by a
Participating Provider
When Provided by a
Non- Participating
Provider
Calendar year deductible
(only Allowable Charges for
Covered Services in Article 3
of this document can be
applied toward the
deductible)
$500 per person;
$1,500 maximum per
family
$1,500 per person;
$3,000 maximum per
family
Calendar year out-of-pocket
maximum on Allowable
Charges (only Allowable
Charges for Covered
Services in Article 3 of this
document can be applied
toward the out-of-pocket
maximum)
$5,000 per person;
$10,000 maximum
per family
None
Overall lifetime
maximum benefit
None None
Hospital
Inpatient confinement 80% of Allowable
Charges after a
copayment of $75 per
admission
50% of All owable
Charges af ter a
copayment of $200 per
admission
Outpatient department 80% of Allowable Charges 50% of Allowable Charges Emergency room 80% of Allowable Charges;
50% of Allowable
Charges if it is
determined that an
Emergency did not exist
(refer to Article 1 for the
Plan’s definition of
Emergency)
80% of Allowable Charges;
50% of Allowable Charges
if it is determined that an
Emergency did not exist
(refer to Article 1 for the
Plan’s definition of
Emergency)
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Skilled Nursing Facility 80% of Allowable
Charges after a
copayment of $75 per
admission
50% of All owable
Charges after a
copayment o f $200 pe r
admission
Outpatient therapy
(physical, respiratory,
cardiac & speech)
80% of Allowable Charges 50% of Allowable Charges
Home health care 80% of Allowable Charges Not covered
Hospice care 80% of Allowable Charges Not covered
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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 202219 – June 30, 202522
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Plan Feature Coverage Amount
When Provided by a
Participating Provider
When Provided by a
Non- Participating
Provider
Mental or nervous disorder
Inpatient confinement 80% of Allowable
Charges after a
copayment of $75 per
admission
50% of All owable
Charges after a
copayment of $200 per
admission
Outpatient services 80% of Allowable Charges 50% of Allowable Charges Substance abuse treatment
Inpatient confinement 80% of Allowable
Charges after a
copayment of $75 per
admission
50% of Allowable
Charges after a
copayment o f $200 per
admission
Outpatient services 80% of Allowable Charges 50% of Allowable Charges Outpatient diagnostic
radiology &
laboratory
80% of Allowable Charges 50% of Allowable Charges
Radiation therapy,
chemotherapy &
dialysis treatment
80% of Allowable Charges 50% of Allowable Charges
Physician services
Office & hospital visits 80% of Allowable Charges 50% of Allowable Charges Emergency room care 80% of Allowable Charges;
50% of Allowable
Charges if it is
determined that an
Emergency did not exist
(refer to Article 1 for the
Plan’s definition of
Emergency)
80% of Allowable Charges;
50% of Allowable Charges
if it is determined that an
Emergency did not exist
(refer to Article 1 for the
Plan’s definition of
Emergency)
Surgery 80% of Allowable Charges 50% of Allowable Charges Anesthesia and
its administration
80% of Allowable Charges 50% of Allowable Charges
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Preventive Care (physical
exam, screenings, tests &
immunizations as
recommended by certain
government agencies – refer
to the definition of Preventive
Care Services in Article 1)
Not subject to the
calendar year deductible;
100% of Allowable
Charges
Calendar year deductible
applies; 50% of
Allowable Charges
Dental treatment Not covered except 80%
of Allowable Charges for
treatment of Accidental
Injury to natural teeth
Not covered except for
50% of Allowable Charges
for treatment of Accidental
Injury to natural teeth
Chiropractic services 80% of Allowable Charges 50% of Allowable Charges Pregnancy & childbirth
(dependent children
are not covered by this
benefit)
Covered on the same
basis as an illness
Covered on the same
basis as an illness
Infertility 80% of Allowable Charges 50% of Allowable Charges Organ & tissue transplants Payable on the same
basis as any other illness
Payable on the same
basis as any other illness
Ambulance service 80% of Allowable Charges 50% of Allowable Charges Prosthetics & orthotics 80% of Allowable Charges 50% of Allowable Charges Durable medical equipment 80% of Allowable Charges 50% of Allowable Charges Hearing aids No Coverage No Coverage
Prescription Drug
Program (no calendar
year deductible applies)
When Dispensed at a
Participating
Pharmacy
When Dispensed at a
Non- Participating
Pharmacy
Retail pharmacy (30
day supply limit)
$10 copayment for a
generic drug; $35
copayment for a non-
generic formulary drug; no
coverage for non-
formulary drugs
Not covered
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Mail service pharmacy
(90 day supply limit)
$20 copayment for a
generic drug; $70
copayment for a non-
generic formulary drug; no
coverage for non-
formulary drugs
Not covered
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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 ex ecuted t his Memorand um of U nderstanding this ____day of _________, 202220.
For the City of Stockton: For the Stockton Police Officers Association:
____________________________________________________________________________________________
HARRY BLACK CHARLES HARRISPATRICK HIGH
City Manager President
____________________________________________________________________________________________
ROSEMARY RIVAS ROBERT BONNER PATRICK HIGHJEREMIAH SKAGGS Interim Director of Human Resources Vice-President
Approved as to form: _________________________________
LORI M. ASUNCIONJohn Luebberke, City Attorney MARK SALVOBARTLEY Negotiator for Association
By:
___________________________________________________________ MARCI A. ARREDONDO
Deputy City Attorney
By:
__________________________________________________________
BURKE DUNPHY CHARLES SAKAI
Negotiator for the City
ATTEST:
ELIZA GARZA
CITY CLERK
________________________________
ATTACHMENT A
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ELIZA GARZA
City Clerk
ATTACHMENT A