ATTACHMENT A
248
CITY OF STOCKTON
SERVICE AGREEMENT AMENDMENT Agreement Number: Amendment Number:
423000217 1
This Amendment Number 1 to the above referenced Agreement is entered into on __ ?_,,..�'�'�'�U)�_V_? __ between the City of Stockton ("Customer") and US Digital Designs, Inc. ("USDD").
RECITALS
Section 1, Recitals, states the Customer requires USDD to provide software maintenance and hardware repair services for its USDD fire station alerting system. USDD has agreed to service the Customer's System pursuant to the terms, conditions, and limitations of this Agreement. In consideration of the forgoing, and for other good and valuable consideration, the parties hereby agree to the terms set forth in this Agreement; and Section 11, Renewal and Termination, states the initial term of this Agreement shall begin on the Commencement Date and shall continue for one year ("Initial Term"). Unless previously terminated as set forth in this Section, Customer may renew this agreement for four (4) additional one-year terms (each an "Additional Term") by written amendment signed by both parties; and
Section 20, Entire Agreement, states this Agreement contains the entire understanding between the parties, and supersedes any prior understandings and agreements between or among them with respect to the subject matter hereof. This Agreement may not be amended, altered, or changed expect by the express written agreement of the parties; and
Customer needs to renew the term specified in Section 11 of the Agreement to continue services for one (1) additional year.
Now therefore, the Customer and USDD mutually agree as follows:
The Agreement will be extended for one Additional Term pursuant to Section 11 of the Agreement. This Additional Term shall begin May 16, 2023, and run through May 15, 2024, unless sooner terminated or further extended pursuant to the Agreement. There are three (3) additional one-year terms available, if agreed to by the parties through written amendment.
The Initial Term maximum not to exceed amount is $35,653.93.
The first Additional Term maximum not to exceed amount is $38,055.11.
Total maximum compensation to be paid to USDD under this Agreement for the Initial Term and the first Additional Term shall not exceed $73,709.04.
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1 (Rev. 10.27.22; Mod 3.29.23 JD)
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ATTACHMENT B
249
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
USDD
US Digital Designs, Inc.
if other than an individual, state whether a corporation, partnership, etc.):
A ril 14, 2023
Date
Asim Akram, General Manager
Printed Name and Title of Person Signing
1835 E. 6th Street, Suite 27, Tempe, Arizona 85288
Address
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CITY OF STOCKTON
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22; Mod 3.29.23 JD)
ATTACHMENT B
250
1 (Rev. 10.27.22; Mod 3.29.23 JD)
CITY OF STOCKTON
SERVICE AGREEMENT AMENDMENT
This Amendment Number 2 to the above referenced Agreement is entered into on ___________________ between the City of S
tockton (“Customer”) and Honeywell International Inc., through its US Digital Designs group, successor in interest to US Digital Designs, Inc. ("USDD")
RECITALS
Section 1, Recitals
, states the Customer requires USDD to provide software maintenance and hardware repair services for its USDD fire station alerting system. USDD has agreed to service the Customer's System pursuant to the terms, conditions,
and limitations of this Agreement. In consideration of the forgoing, and for other good and valuable consideration, the parties hereby agree to the terms set forth in this Agreement; and Section 11
, Renewal and Termination, states the initial term of this Agreement shall begin on the Commencement Date and shall continue for one year ("Initial Term"). Unless previously terminated as set forth in this Section, Customer may
renew this agreement for four (4) additional one-y ear terms (each an "Additional Term") by written amendment sign
ed by both parties; and
Section 20, Entire Agreement, states this Agreement contains the entire understanding between the parties, and supersedes any prior understandings and agreements between or among them with respect to the subject matter hereof. This
Agreement may not be amended, altered, or changed expect by the express written agreement of the parties; an
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Customer needs to renew the term specified in Section 11 of the Agreement to continue s ervices for one (1) additional y
ear.
Now therefore, the Customer and USDD mutually agree as follows:
The Agreement will be extended for one Additional Term pursuant to Section 11 of the Agreement. This Additional Term shall
begin May 16, 2024, and run through May 15, 2025, unless sooner terminated or further extended pursuant t
o the Agreement. There are two (2) additional one -year terms available, if agreed to by the parties through written amendment.
The not to
exceed amount of the Agreement is increased by $38,317.05 for this Additional Term.
Total maximum
compensation to be paid to USDD under this Agreement for the In itial Term and all Additional Terms shall not exceed $112,026.09. //
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Agreement Number: Amendment
Number:
423000217 2
ATTACHMENT C
251
2 (Rev. 10.27.22; Mod 3.29.23 JD)
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WI
TNESS WHEREOF, the authorized parties have executed this Agreement.
USDD
Honeywell International Inc., a Delaware corporation.
________
_____________________________________________________________________________________ USDD’s Name (if other than an individual, state whether a corporation, partnership, etc.):
__________________________________________________________________March 21, 2024____________ _ Authorized Signature Date
Asim Akram, General Manager________________________________________________________________ Printed Name and Title of Person Signing
1835 E 6th Street, Suite 27, Tempe, Arizona 85288
_________________________________________________
Address
CITY OF STOCKTON
_______________
______________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS T
O FORM:
Lori M. Asuncion, City Attorney
BY:
ATTACHMENT C
252
City of Stockton
Legislation Text
File #: 24-0107, Version: 1
AUTHORIZE THE CITY MANAGER TO APPROVE A CONTRACT WITH SEDGWICK
ADMINISTRATORS (SEDGWICK) TO PROVIDE SERVICES AS THE THIRD-PARTY ADMINISTRATOR (TPA) FOR THE CITY’S SELF-INSURED GENERAL LIABILITY PROGRAM
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve entering into an agreement with Sedgwick Administrators (Sedgwick) to provide services as the Third-Party Administrator (TPA) for the City’s Self-Insured General Liability and Subrogation program;
2. Authorize the City Manager to execute a three (3) year agreement not to exceed $1,421,220, with an option to extend for two (2) additional one (1)-year terms;
3. Approve findings for an exception to the competitive bidding process; and
4. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The City currently contracts with Sedgwick Administrators to provide TPA services for the City’s self- insured General Liability Program. These services include administering general liability claims against the City in accordance with State law, regulations, City policies and procedures.
The agreement with Sedgwick Administrators expires on May 13, 2024. The City Manager approved the use of a Request for Proposal (RFP) process to solicit proposals for services as the TPA for the City’s General Liability and Subrogation Program. On January 23, 2023, the RFP Evaluation Committee interviewed the top three ranking proponents and selected Sedgwick. If approved, the agreement with Sedgwick will commence on May 14, 2024, and continue for three (3) years with an option to extend for two (2) additional one (1)-year terms (Attachment A).
DISCUSSION
Background
Sedgwick has managed the City’s General Liability Program since October 7, 2019. Due to the level of training, expertise, amount of activity and technological infrastructure required for effective claims management, it is in the City’s best interest to contract with a Third-Party Claims Administrator that has the certification, expertise, and resources to handle the daily requirements of claims administration and subrogation.
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File #: 24-0107, Version: 1
Present Situation
The City issued a Request for Proposals (RFP) for a General Liability TPA (PUR 24-011) on October 2, 2023. The RFP outlined the scope of work and requested proposals addressing vendor’s experience, organizational structure, commitment to quality-of-service delivery, and pricing. The RFP also required that claims be administered in accordance with State law and regulations, City policies and procedures; maintain open and closed claim files; stop loss reporting; subrogation recovery and utilization review.
A committee was established to evaluate the proposals submitted and to select the best qualified TPA. The Committee was comprised of staff from Human Resources/Risk Services, the City Attorney’s Office, and the Information Technology Department. Based upon the Committee’s evaluation, Sedgwick was selected.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings that support an exception to the competitive bidding process. These findings include:
1. Use of the RFP process is appropriate for this agreement because, in addition to cost, it relies on the evaluation of professional qualifications, performance, and demonstrated experience for the selection of a General Liability TPA.
2. Selection based on cost alone does not consider public sector experience or the ability to provide consistent quality claims administration.
3. Services such as general liability claims administration and subrogation recovery require experienced professionals who have handled such services for other public entities and can work closely with City staff, which is in the public interest.
4. The RFP process allows the vendors to specify what services they can provide to the City rather than the City bidding specific services.
5. The City negotiated a contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
The following costs are based on the specific needs of the City for TPA services and the response received from Sedgwick. The expected cost over the next three years equates to $1,421,220, consisting of annual flat fees totaling from $453,326 to $494.356. The agreement includes an option to extend the contract for two (2) additional years, on a year-to-year basis as outlined below:
Renewal Pricing Flat Annual Fee
Program Year 1 5/14/2024 - 5/13/2025 $453,326
Program Year 2 5/14/2025 - 5/13/2026 $473,538
Program Year 3 5/14/2026 - 5/13/2027 $494,356
Optional Year 1 5/14/2027 - 5/13/2028 $509,187
Optional Year 2 5/14/2028 - 5/13/2029 $524,463
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File #: 24-0107, Version: 1
Funding for the general liability and subrogation third party administration service agreement will be budgeted annually in fund 2510-000-630006-530-000-00-25-000-000-.
Attachment A - Sedgwick Contract 2024
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1 (ZĞǀ͘Ϯ.ϭϭ.ϮϬ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”)to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms and Conditions
(d) Exhibit D –
(e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
_____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’sName (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
John M. Luebberke, City Attorney
BY:
Agreement Number:
Contractor’s
Name (if other t
___________________________
Authorized Signature
Sedgwick General Liability Administraton
5/13/2024 5/13/2027
1,421,220.00
Professional Services Special Terms & Conditions
Sedgwick Claims Management Services, Inc.
J. Edward Peel, Vice President
8125 Sedgwick Way, Memphis, TN 38125
March 7, 2024
ATTACHMENT A
256
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 The
Contractor shall serve as the City of Stockton’s Third- Party Administrator (TPA) to manage the City’s self -insured general liability program including claims adjusting services and related activities as described below.
2. Project Scope
The Cont
ractor shall operate under the general direction of the City’s Risk Manager and consult with other City staff in developing effective procedures and practices to successfully administer the City’s third-party property and liability claims along with providing subrogation services to recover costs from third parties. The C ontractor shall perform all services and related work necessary for claims administration and statistical reporting. C ontractor’s services shall include, but are not limited to:
general, automobile, and property liability claims administration, investigations, research, analysis, recording, reporting, subrogation, litigation management, liability trust account management and reconciliation, and related support services.
The City will retain some litigation management and restitution/recovery functions but may call upon the Contractor to assist in these areas on a case-by-case basis.
A dedicated claims examiner is preferred.
2.1 P
rogram Administration
Contractor shall:
2.1.1 Consult with the City and provide professional and technical staff to assist in developing the necessary procedures and practices to implement and administer the City's self-insured program, including administering all open and closed Indemnity claims.
2.1.2 Convert the data from the data system of the present administrator to Contractor’s data system as the City wishes to maintain and integrate all claims into its current statistical base. Contractors to specify if there is a fee for converting loss data for all claims, including both open and closed files, and provide a fee schedule if applicable.
2.1.3 Follow the Records Retention Policy established and approved by the City. All files, records, transcripts including loss run data base files and other materials related to the management and administration of City's General Liability Program are the exclusive property of the City of Stockton and must be relinquished in good order and condition upon termination of the Agreement with the
ATTACHMENT A
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C ontractor . The Contractor shall make files available for review by the City anytime during regular business hours. Contractor shall provide copies of file correspondence and documentation as requested by the City.
2.1.4 Maintain a master file of claims administration policies, practices and guidelines, and any other material needed to properly administer claims in accordance with applicable California ( State) law and City instructions.
2.1.5 Provide City's General Liability Analyst and City Attorney’s Office with user connections (and software if applicable) on City's existing personal computer, to allow database inquiry access and e- mail capability to C ontractor’s claim processing system. System should allow diary to be set by City’s Analyst to follow up on pending issues as needed.
2.1.6 Conduct and/or assist in onsite and/or offsite training as needed for City personnel involved directly and/or indirectly in the processing of general liability cases. Inform the City of changes or proposed changes in statutes, rules, regulations, and case law affecting its general liability claims program.
2.1.7 Periodically update all form letters used in connection with claim processing. The City reserves the right to approve and disapprove all forms and form letters.
2.1.8 Represent the City in all matters related to the set -up, investigation, adjustment, processing, negotiation, and resolution of liability claims against the City.
2.1.9 Provide accurate, appropriate claims handling in a timely manner, according to agreed upon performance standards and state requirements.
2.1.10 Provide the City with written information on changes or proposed changes in statutes, rules and regulations affecting the City's responsibility under a legally self-insured General Liability Program.
2.1.11 Inform the City of problem areas or trends, both potential and perceived and provide recommendations and/or solutions to address problem areas or trends. Matters of significance must be called to the City's attention at the earliest appropriate time (i.e., disgruntled employees, system problems, large
overpayments, large reserve
changes, etc.).
ATTACHMENT A
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2.1.12 Attend client meetings as requested by the City. Contractor’s travel expenses in connection with client meetings or other matters relating to claims processing shall be paid by the Contractor.
2.1.13 Attend appointments, including, but not limited to meetings, conferences, court appearances, and scene investigations at the request of the City.
2.1.14 Install and/or utilize any necessary automated claims administration systems. Contractor shall have ability to integrate with external/third party system, including imports of claims financial data, transaction details, and adjusters’ notes from C ontractor and carriers, as well as exports of financial transaction data and imports to capture payment details from City’s Enterprise Resource Planning System (ERP) and/or Accounts Payable systems (e.g., Central Square HTE, Tyler Munis, etc.), among other data feeds.
2.1.15 Transfer records and systems to the succeeding Administrator at the termination of the contract with no additional cost or fee required.
2.1.16 Administrative fees shall cover the cost of C ontractor’s staff; all office space; storage space for closed files; supplies;
forms/posters/pamphlets; standard management reports; telephone expenses; postage; checks (if utilizing C ontractor’s own checking account); computer hardware/software; transcription services; and other equipment/supplies necessary for claims handling.
2.2 Cla
ims Admin istration
Contractor shall:
2.2.1 Only utilize outside expert services or subcontractor s with prior approval from the City. City reserves the right to approve, disapprove, or select all service providers and vendors selected by Contractor.
2.2.2 Ensure every file contains a Plan of Action, quarterly litigation budgets and the steps to accomplish it. The Plan of Action should be updated during each diary review. Files should be clearly documented, with claim notes reflecting ongoing file activity. All conversations and issues should be documented.
2.2.3 Provide professional and courteous responses to recipient of telephone calls, written or in person inquiries, complaints, and questions from all sources within 48 hours of receipt. Such inquiries may include claim payment or benefit related questions from parties with authorized access to information, such as claimants, vendors, providers, legal counsel, the City of Stockton, etc.
ATTACHMENT A
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2.2.4 Ensure all claims management adhere to the requirements of the California Government Code § 911.6., § 912.2 and §912.6., for accepting, denying, and rejecting claims.
2.2.5 At the direction of the City, contact claimants or their attorneys within five (5) business days of receipt of a claim and maintain appropriate contact with them until the claim is closed.
2.2.6 Review the status of claims and assist as directed with setting of adequate reserves on all active cases at least every ninety (90) calendar days.
2.2.7 Review all claims for liability and provide first investigative report within thirty (30) calendar days of receipt of claim to City’s Risk Management Division.
2.2.8 Provide narrative reports when recommending rejection or settlement of a claim, when going to trial, or other significant events occur ring.
Reports must be clear and concise.
2.2.9 Negotiate settlements within authority limits provided by the City.
Funding for the payment of any settlement is specifically excluded from this agreement.
2.2.10 Report claims in compliance with Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111.
2.2.11 Process payments within authority levels provided by City within fourteen (14) business days.
2.2.12 File all supporting documentation for payments made in the appropriate claim file.
2.2.13 Checking: follow the banking requirements of the City, such as establishing, maintaining, and reconciling an interest-bearing checking account with appropriate deposit and transfer procedures for the payment of claims; or if utilizing a City of Stockton checking account, provide monthly records of financial transactions to coordinate with City's computer or ERP system (Tyler/Munis), or make other claims payment arrangements which are acceptable to the City. The Contractor shall maintain check registers and provide a monthly check register to the City, along with a copy of all checks and vouchers.
2.2.14 Reserve Adequacy and Accuracy: Maintain reserves for each file to reflect the probable future liability of a claim as required by Title 8, California Code of Regulation, Section 15300. Reserve calculations
ATTACHMENT A
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shall be accurate and adjusted as facts change. Detailed reserve worksheet calculations to be retained in claim file.
2.2.15 Provide any required federal or state financial or tax reports. Provide appropriate information, documentation and cooperation to the State of California or City of Stockton Auditor upon request.
2.2.16 Reconcile all claim file payments twice per year, and upon settlement and file closure. Proof of resolution should remain in claim file.
2.2.17 Overpayments/Errors: Any overpayments/incorrect payments should be reported to the City immediately, along with diligent efforts to collect all overpayment and resolve any other incorrect payments.
2.2.18 Diary dates shall be established to allow for timely completion of required activity and no less frequently than every sixty (60) calendar days. Contractor shall monitor the timely completion of diary notes.
2.2.19 All correspondence shall be addressed within 48 hours of receipt unless an immediate response is required.
2.2.20 Written responses to requests that cannot be emailed shall be mailed within ten (10) business days of receipt, unless an immediate response is required.
2.2.21 Identify and notify co -defendants within thirty (30) calendar days of identification.
2.2.22 Have translators available to assist with non- English speaking claimants.
2.3 I
nvestigations
Contractor shall:
2.3.1 Within ten (10) business days of receipt of claim, unless otherwise requested by City Risk Manager, take statement of facts from claimants when not represented by an attorney. Statements shall be preserved by recording or taking hand-written signed statements.
2.3.2 Investigate claims where the initial review indicates that it is warranted.
Further investigation may include, but is not limited to, on- sight investigation, photographs, interviewing witnesses and taking signed or recorded statements, verification of damage or loss, taking measurements, obtaining maps/diagrams from the City or other sources, obtaining medical releases, police reports, or other records as required;
ATTACHMENT A
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2.4 Litigation Management
The City of Stockton’s City Attorney (CA) will retain the litigation management function. Contractor shall:
2.4.1 Monitor outside defense counsel metrics to ensure quality work, timely communication within City account instructions, statutes and regulations, accurate billings, and case resolution.
2.4.2 Analyze settlement potential, including options and recommendations.
Settlement authority forms should be completed and approved by City’s Human Resources Department and City Attorney office prior to being negotiated with attorney of claimant.
2.4.3 Prepare and submit settlement recommendations for approval by the City prior to commencing settlement negotiations.
2.4.4 Obtain fully executed release on all settlements and dismissals.
2.4.5 Attend Settlement Conferences, mediation or arbitrations as requested. Identify if cost will be a reimbursable item or rolled into the cost of the claim.
2.4.6 Bring all self -imposed penalties to the City’s attention. Penalties incurred because of failure by the C ontractor to comply with statutory laws and/or administrative regulations shall be the sole responsibility of the Contractor.
2.4.7 If a claimant’s attorney is involved, direct all communication to the claimant’s attorney regarding the investigation, negotiation, and evaluation of any claims leading to a settlement.
2.4.8 Close files as soon as practical and in accordance with State regulations.
2.4.9 A ssist the City attorney and defense counsel in preparing and/or answering discovery as requested.
2.5 Subrogation
Contractor shall:
2.5.1 Place the tortfeasor on notice of the City’s subrogation rights; and
2.5.2 Work with the City Attorney to draft legal documents to recover monies spent on claim.
2.5.3 Aggressively investigate fraud and pursue restitution in all fraud cases.
The City shall be notified of all claims involving potential fraud and
ATTACHMENT A
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initiation of fraud investigation activities.
2.5.4 Provide subrogation services to recover costs from third parties (responsible persons, agencies, insurers, and/or their agents) responsible for employees, volunteers, inmates, etc., injuries, up to the point necessitating legal counsel. The C ontractor shall give prompt notice to Risk Manager for each case indicating a potential for subrogation.
2.5.5 Subrogation efforts on injuries in which there is also property loss to the City shall be coordinated by the C ontractor with the City and/or their liability program administrator as appropriate. Subrogation notices and action against another party require advance authorization from the City. If subrogation action develops problems or unreasonable delays, the matter is to be referred to and reviewed by Risk Management for referral to City designated Counsel for legal action.
2.5.6 Provide monthly report on amounts recovered for subrogation.
2.5.7 Pursue small claims actions. Litigation in civil court beyond small claims court requires specific authority from the City (this may be City Counsel, Risk Manager, etc.). Settlement authority for less than full amount claimed by Proponent requires City Attorney and Risk Management’s prior approval.
2.6 Claims Management Information System (CMIS)
Contractor shall:
2.6.1 Convert all open and closed claims data and enter new claims data into the Proponents CMIS.
2.6.2 Record all claims in CMIS. Claims records must contain all pertinent claim information, including, but not limited to claim number, date of loss, date of claim, claimant name and address, location of loss, description of incident, loss reserves, loss payments, and expense reserves.
2.6.3 C reate a review system to ensure accurate data will be entered into the CMIS. All claims must be reviewed on a periodic basis, as determined by the City. The review system must include a check on all the financial documentation entered into the CMIS to ensure the financial integrity of the system. In addition, the review system must include appropriate claims handling and reserving procedures, and timely file closures.
ATTACHMENT A
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2.6.4 Use electronic notes in the CMIS to record activity which shall be updated with new developments. All significant documents (e.g., email communications, status updates form counsel, etc.) will be scanned/saved into the database by Contractor.
2.6.5 Provide CMIS training, support, and access for up to three (3) City Risk Services staff so that they may search for claim information and data, as required.
2.6.6 Provide specified standard loss reports as agreed upon.
2.6.7 Provide special reports as needed by the City.
2.7 Additional Ins
urance Reporting
The City is a member of the California Joint Powers Risk Management Authority (CJPRMA) since 1986.
Contractor shall:
2.7.1 Report to CJPRMA in accordance with policy provisions outlined in paragraphs 3 and 4 below.
2.7.2 Reports to CJPRMA shall be made to:
California Joint Powers Risk Management Authority
(CJPRMA) 4201 Doolan Road, Livermore, CA 94551
Phone (925) 837-0667
Fax (925) 290-1543
[email protected];
2.7.3 Pursuant to the requirements of Section VII (Conditions) of the Memorandum of Coverage as excerpted below:
The covered party shall notify the Authority within 30 days upon receipt of notice of a claim, or the setting of a reserve on any claim or suit including multiple claims or suits arising out of one occurrence, such claim or reserve amounting to fifty percent or more of the retained limit; Title 42 USC 1983 cases in which a complaint has been served and the plaintiff is represented by legal counsel or with reserves of twenty -five percent or more of the retained limit; or regardless of reserve, any claim involving:
2.2.22.1.1 One or more fatalities.
2.2.22.1.2 Loss of a limb.
2.2.22.1.3 Loss of use of any sensory organ.
2.2.22.1.4 Quadriplegia or paraplegia.
2.2.22.1.5 Third-degree burns involving ten percent or
more of the body.
ATTACHMENT A
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2.2.22.1.6 Serious facial disfigurement.
2.2.22.1.7 Paralysis; or
2.2.22.1.8 Closed head injuries.
Written notice containing particulars sufficient to identify the covered party and, reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the covered party and of available witnesses, shall be given by or for the covered party to the Authority or any of its authorized agents as soon as possible. The covered party shall notify the Authority within 30 days upon receipt of lawsuit containing allegations involving employment practices liability. Where any lawsuit is reported after the 30-day period as required by this provision, all defense costs incurred prior to the date of late reporting will not constitute ultimate net loss eroding the self- insured retention. The covered parties shall cooperate in an early review of employment practices liability claims or suits with counsel appointed by the Authority at the expense of the Authority.
2.7.4 Mandatory Case Report Policy to CJPRMA: Pursuant to Section VII (Conditions) of the Memorandum of Coverage as excerpted below, the following rule is applicable to all cases reported to CJPRMA.
The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.
In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
a. Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture
may develop as discovery is ongoing, but this does not
excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an
accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
ATTACHMENT A
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b. The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of
demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated
litigation costs. The report need not be lengthy, and
typically might not exceed three to five pages, but must address the issues directly and in a straightforward
manner so that the member entity and CJPRMA can set
cost and loss reserves as necessary.
c. Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar
dispositive motion in any litigated case, within one week of the date on which a court establishes such date. Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made, or the demand is received.
d. Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a
minimum, include a concise report of major events
occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case.
e. Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case.
f. All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in
the claim.
This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Defense
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counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members and is a major consideration in evaluating counsel’s performance.
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Exhibit B:
Insurance Requirements
(Third Party Administrator for General Liability)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability/Errors and Omissions Insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 for each wrongful act,
$2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain the following provisions:
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers, are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations, but excluding coverage for the acts and omissions of the additional insureds. General liability coverage can be provided in the form of relevant policy language to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers but excluding coverage for the acts and omissions of the additional insureds.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the included Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
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Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retention
Contractor will provide insurance company’s contact information when requested by the City of Stockton.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A- :VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work .
3. If coverage is canceled or non-renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements. All certificates and endorsements are to be received by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.
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Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice within such thirty (30) day period.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, solely and exclusively in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City.
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All materials belong ing to City shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential.
Materials shall not be used for purposes other than performance of services under this Agreement and except as herein provided, shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent which consent shall not be unreasonably withheld, delayed or conditioned.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience. The City may terminate this Agreement at any time with not less than thirty (30) days’ prior notice by mailing a notice in writing to Contractor. The Contractor may terminate this Agreement at any time with not less than one hundred ninety (190) days’ prior notice by mailing a notice in writing to City. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld, delayed or conditioned, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against any liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising directly out of Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A
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17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits . Contractor shall maintain all records related solely an d exclusively to this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At a time and place and in a manner mutually agreeable to both parties and during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with acceptable accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest . Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non -discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitio
ns. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "S
ervices" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “De
liverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General . The fol
lowing terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Wher
e any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In t
he case of modification of a part or provision of the GTC , the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time
for Performance.
3.1 Contrac
tor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor ’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its s ubcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – G TC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. P ersonnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City which approval shall not be unreasonably withheld, delayed or conditioned. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement . Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor . Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor ’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel : Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold, delay or condition. "key p ersonnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time and only in accordance with any and all applicable laws, rules and regulations, in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall promptly suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of k ey personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement , the costs and obligations incurred or to be
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incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City which approval shall not be unreasonably withheld, delayed or conditioned. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure. Notwithstanding the foregoing, City agrees to permit Contractor to compile and disseminate aggregate, de- identified information for auditing, compliance, internal assessments, process improvement and related analytics, benchmarking purposes or forward to a data collection facility data for claims handled pursuant to this Agreement, provided that such facility agrees in writing to keep City’s data confidential.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a
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specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
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EXHIBIT E
COMPENSATION SCHEDULE
The Contrac
tor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project
Price
1.1 The max
imum the Contractor shall be paid on this Agreement is $__1,421,220.00_____ (hereafter the “not to exceed” amount ). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the S tandard of P erformance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 St
andard Reimbursable Items : Only the reimbursable items identified in Exhibit A, C, and D ( Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The C ity shall not pay a markup on any of the items listed in i, ii or iii .
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses
, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any fi
ling fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel ex
penses shall be reimbursed in accordance with the C ity’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contrac
tor shall be entitled to receive payments for its work performed pursuant to the Agreement . The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontr
actor Costs: Compensation for subcontractor s shall be limited to the same restrictions imposed on the Contractor.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
See ATTACHMENT B.
3. Additional Fees.
See ATTACHMENT B.
4. Invoice to A
ddress. Each invoice submitted shall identify the specific task(s) listed in Exhibit A
and this Exhibit, and the completed work pr oduct/deliverable for the agreed upon price listed in this
Exhibit. Invoices shall be submitted to the below address:
City o
f Stockton
Attn: HR – Risk Services
Attention: Dawna Zarubin
400 E. Main Street
Stockton, CA 95202
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Prepared by Sedgwick | December 2023
Response to Request For Proposal (RFP) PUR 24-011
General Liability Third-Party Pricing Proposal
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1 Sedgwick Copyright © 2023 The information contained herein is being provided in order to allow evaluation of Sedgwick’s services and capabilities.
Customized Program Design and Pricing Proposal 05.31.2024 Contract term: 05.31.2024 – 05.30.2027 (with the option to renew for up to two (2) year options).
Program design
We select a claims team for each client program based on industry expertise that aligns with the client’s requirements. In today’s virtual world, the teams report to local leadership and reflect our flexible-first work environment — providing the flexibility of working from home with the ability to collaborate in person as needed. Auto liability claims will be managed centrally within our Auto Center of Excellence (ACE) and general liability claims will be managed from the Brea, California area.
Summary of first year fees
Annual flat fee
Sedgwick offers an annual flat fee pricing option in the amount of $453,326 based on the estimated claim volumes outlined below and the estimated required staffing to service those claims. Sedgwick reserves the right to modify the claims administration fees if an acquisition, divestiture, change in program requirements or the Estimated frequency increases more than 5% in a given year.
Claims open at contract termination will either be transferred to the new administrator or handled by Sedgwick for an additional annual fee.
Claim Estimates
Coverage line Estimated
frequency (1)
New Auto liability and general liability, bodily injury 78 New Auto liability and general liability, property
damage
303
Open bodily injury 140
Open property damage 221
(1)The annual flat fee quoted above applies to the stated Estimated frequency. Should the Estimated frequency increase more than 5% annually, the below per claim fees will apply:
Coverage line
Per Claim Fees If
Estimates are above
5%
New Auto liability and general liability, bodily injury $815 New Auto liability and general liability, property damage $400 Open bodily injury $475
Open property damage $215
ATTACHMENT B
Attachment
ATTACHMENT A
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2 Sedgwick Copyright © 2023 The information contained herein is being provided in order to allow evaluation of Sedgwick’s services and capabilities.
First year claim fee estimates
Coverage line Life of contract
Liability $453,326
RMIS (annual) Included
Total estimated first year fees $453,326
Annual Flat Fees
Year 1 Year 2 Year 3 Option Year 1 Option Year 2
Liability $453,326 $473,538 $494,356 $509,187 $524,463
Liability
Takeover
Included Included Included Included Included
Items included in the quoted fees include:
• RMIS access: viaOne access for ten users, which provides a platform-independent, web-based suite of services for viewing and analyzing claims data. Access provides secure, near real-time information from Sedgwick’s proprietary claims information systems, including:
o Customizable dashboards with drill-down capabilities
o Detailed information about the incidents, claimant work status and time tracking information
o Financial information about an event, including the claim’s payment history and available reserves
o The City’s diary capability, allowing for the creation of client diaries and customized alerts o Access to viaOne reports, which create ad hoc detailed reports with user-specified fields and filters
o Access to Sedgwick’s advanced analytics portal, a data warehousing platform that takes a deep dive to discover meaningful risk information at the program level • RMIS data outgoing feed: Monthly data file to a single carrier • Claims reporting: Sedgwick’s pricing includes the use of the Sedgwick call center and/or web reporting technology. Any other method (i.e., fax, email, land mail) will incur a fee of $24 per reported incident
• Claim reviews: Quarterly telephonic claim reviews with electronic status reports
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3 Sedgwick Copyright © 2023 The information contained herein is being provided in order to allow evaluation of Sedgwick’s services and capabilities.
Additional bundled services and fees
• Subrogation and other recovery services (second injury funds and other special funds) will be charged 25% of recoveries
• Special investigation unit (SIU) services will be charged at prevailing rates • RMIS access: Additional viaOne user access is $870 per user per year • RMIS data feeds: Additional interface files are $225 per month for monthly file, $645 per month for weekly file or $1,945 per month for daily file
• RMIS: System interfaces or custom programming charged at $185 per hour • Loss control and ergonomic services will be charged at prevailing rates • MMSEA/SCHIP Medicare reporting fee: One-time $9 charge per claim for claims involving bodily injuries (workers’ compensation, liability, no fault)
o Sedgwick will make reasonable efforts to obtain the relevant Medicare reporting data from the prior claim system during the implementation process. However, it is possible that closed claims will contain Medicare reporting errors that are not in compliance with Medicare rules and regulations and require additional Sedgwick resources to correct. There will be a charge of $15 per claim to correct these errors and the fee will be invoiced in lump sum once all errors are identified.
• Escheatment services charged at $15,850 per year for claim-related payments issued from an escrow account in Sedgwick’s tax ID. Under this process, Sedgwick reports uncashed claim-related payments to the appropriate state according to each state’s unclaimed property law. Sedgwick offers an alternative escheatment service for free; however, the City is responsible for filing unclaimed property to the states
• OSHA services: The foundation of our approach to OSHA-compliant record-keeping services starts with our proprietary risk management information system, JURIS. Sedgwick's OSHA Recordkeeping service allows the customer to outsource the OSHA recordkeeping process to the maximum extent possible relying on Sedgwick professionals whose sole responsibility is OSHA recordkeeping. The system is able to generate standard reports, such as the OSHA 300, 300A, 301 and Sharps logs, as well as other reports, such as DART and BLS surveys. Fees are $7,000 for annual administration, $490 per user per year, $33 per incident set up in viaOne OSHA. Other optional OSHA services available upon request include: Sharps, case uploads, OSHA liaison, BLS/electronic reporting, OSHA record keeping audit and other ad hoc requests.
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4 Sedgwick Copyright © 2023 The information contained herein is being provided in order to allow evaluation of Sedgwick’s services and capabilities.
Definitions, terms and conditions
Definitions
Life of contract: Sedgwick will administer all claims received during the contract for the quoted fee. Claims open at contract termination will either be transferred to the new administrator or handled by Sedgwick for an additional annual fee.
Incident only: Incident only claims are claims reported by the City that require no payment or activity other than generating a record in the claims administration system. These claims carry no reserves and no contacts are made by Sedgwick. If contacts are required on incident only cases, additional fees will apply.
Liability claim clarification: Any liability claimant filing both a property damage claim and a bodily injury claim, or any combination of the two, will incur the per claim fee for each claim. Additionally, any event with claims filed by multiple claimants will incur the per claim fee for each claim filed.
Allocated expenses: The claim fees agreed to shall include all costs incurred by Sedgwick in handling claims submitted except those costs normally referred to as “allocated expenses.” These expenses will be billed to the individual claim file when incurred.
In some cases, Sedgwick engages subcontractors to assist us in providing services. In order to hold down the cost to our clients, Sedgwick may have arrangements with these subcontractors to cover expenses for certain activities, including but not limited to development of integrated data systems, account management, quality oversight and ongoing projects that improve penetration and efficiency for our examiners. These cooperative service agreements are not transactional-based and are not dependent on any activity generated by the City. In fact, the flat cooperative service fees remain the same regardless of whether the City’s these vendors on their program or not.
Allocated expenses include but are not limited to:
• Attorney fees and costs
• Mileage at the IRS rate plus any other expenses incurred. • Hearing representation in lieu of attorney fees, including preparation, travel expenses, attendance and system notations
• Court costs and appeal bonds
• Cost of providing rehabilitation services
• Cost of surveillance activities and other outside investigations • Cost of expert witnesses, accident reconstruction specialists or any other specialist necessary for the investigation and/or defense of a claim
• Cost incurred to obtain statements, photographs, records, transcripts, depositions, digital call recordings, etc.
• Cost of inspections, appraisals, repair management, rental/replacement, etc.
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5 Sedgwick Copyright © 2023 The information contained herein is being provided in order to allow evaluation of Sedgwick’s services and capabilities. • Cost of independent medical exam
• Cost of medical bill review, PPO, managed care and other similar programs • Cost of medical experts, peer review, UR, case management, pre-certifications and medical necessity evaluations
• Cost of translation services
• Medicare reporting and compliance services fees and costs • Index filings
• Cost of vocational evaluations, vocational services, training or other vocational activities • Cost of outside assistance necessary to prepare or protect the City's subrogation right or Special Disability Trust Fund claim
• Expenses for travel to depositions, mediations, arbitrations, hearings or other legal proceedings at the City's request or as required by law or rule of a federal, state or local agency Terms and conditions
Quotation expiration: All pricing quoted is valid for a period of 180 days from submission unless a written extension is requested.
Takeover of existing claims: There is no takeover of existing claims anticipated in this program.
Payment terms: All one-time implementation and data conversion fees are billed upon notification of award. All recurring fees such as claims service, program management and information technology fees are billed on actuals on a monthly basis in arrears. If a flat fee pricing option is selected, all recurring fees are billed on a quarterly basis in advance based on annual estimates. The estimates are subject to audit 30 days after the conclusion of each contract year. All invoices are payable upon receipt All service fees contemplate program service commencing 05.31.2024. In the event the effective date of services is delayed at the request of the City, Sedgwick reserves the right to bill the City for program deployment expenses incurred outside of the scope of the agreed implementation period, up to and including full fees for service on the originally scheduled implementation date, with invoices payable upon receipt.
Taxes: All applicable taxes will be added to the service fees where this is required. Sedgwick may be required, in some jurisdictions, to collect and remit sales tax on the services provided to the City. If billed, the taxes will be stated separately on the invoice. If Sedgwick is provided an exemption certificate, in good faith, tax will not be charged. In the event that a jurisdiction invalidates or does not accept the exemption certificate, Sedgwick will not be liable for any penalty or interest that may be charged.
Early termination: Should the City terminate for convenience within the first 12 months of the agreement, the City shall pay Sedgwick fees equal to three months of the service fees. Should the City terminate during the second 12 months, the City shall pay fees equal to two months of the service fees. Termination fees are payable within 30 days of the date of notice of such termination.
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6 Sedgwick Copyright © 2023 The information contained herein is being provided in order to allow evaluation of Sedgwick’s services and capabilities.
File storage: The City is responsible for storage of claim files closed at the time that Sedgwick begins claims administration.
Contract term: 05.31.2024 – 05.30.2027. All fees assume that the parties will enter into a three-year contract (with the option to renew for up to two (2) year options) with an annual increase to all fees of three percent (3%).
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1 Sedgwick Copyright © 2024
2024 Loss Control and Ergonomic Services and Pricing
Loss control and ergonomic fees are detailed below. Fees may change from time to time upon 60 days written notice.
Service name Price
Loss control services
Analytics services $190.00 per hour
Risk assessments – safety audits $160.00 per hour
Risk consultive services $160.00 per hour
Safety training $160.00 per hour / $1,240.00 per day
Travel rate for loss control services $85.00 per hour
Industrial hygiene Available upon request and subject to separate terms and conditions
Reimbursement of costs and expenses:
The following items will be billed “at cost” with no markup, with prior client approval:
• Tolls, ferries, parking, shipping, meals, hotels, airfare, etc.
Custom programming:
Any custom programming to accommodate special needs will be billed at Sedgwick’s programming rate of $185 per hour. Any custom programming projects, including fee arrangement, will be agreed upon by both the client and Sedgwick prior to the start of said project. Examples of custom programming are custom import/exports, specialized management reports, etc.
Ergonomic services
General ergonomic services $185.00 per hour
Remote ergonomic workstation
review (office evaluations)
$400.00 for up to 2.5 hours
$170.00 per hour additional time
Onsite ergonomic workstation review (office
evaluations)
$725.00 for up to 4.0 hours
$185.00 per hour additional time
Daily rate $1,400.00 per day
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1 Medicare Compliance 2024 Liability Services
Fees may change from time to time upon 60 days written notice.
No. Service name and description Price
Medicare Set-Aside and Cost Projection Services
1 Liability MSA: This is a compact, evidence based MSA report that will not be submitted to CMS for review. It does not expire. $2,500
2 Complex Medicare set-aside (MSA): Any MSA that includes three or more open claims to be included in the same report; catastrophic cases, or 150 pages of medical records this is in addition to WCMSA fee.
$650
3 Liability MSA submission*: Compiling, reviewing, analyzing, and submitting necessary documentation to CMS for approval of an MSA.
*This will only be available if/when CMS implements a review process for liability claims. $800
4 MSA update: All updates will be charged at a flat rate.
Exception: MSAs older than two years may be charged the full MSA rate for an update. $615 per update 5 Medical cost projection (MCP): projects the anticipated future medical care for a claimant.
However, it could contain non-Medicare covered expenses and is not submitted to CMS for approval. Generally completed on claims with no current Medicare exposure or for reserving purposes.
$2,250
6 MSA/MCP combination report: This product is a combination of the MSA and MCP. It includes one report that summarizes medical records and two spreadsheets (Medicare and Non- Medicare items).
$3,300
7 Social security disability check: We will check to determine if the claimant has applied for or been accepted for Social Security disability benefits. $350 8 Rated age request: In certain circumstances, it may be necessary to secure a rated age to minimize the MSA. $27
Medicare lien pricing on next page
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2 No. Service name and description Price
Lien Resolution Services
10 Medicare lien search: Sedgwick’s lien resolution program will review and obtain conditional payment information from CMS. $200
11 Medicare lien appeal: Sedgwick’s lien resolution program will file an appeal with CMS.
No charge for liens under $1,000. $450
12 Medicare Advantage lien search: Pursuant to the PAID ACT, Sedgwick’s lien resolution program will review and obtain conditional payment information from the private entity administering the Medicare program.
$300
13 Medicare Advantage lien appeal: Pursuant to the PAID ACT, Sedgwick’s lien resolution program will file an appeal with the private entity administering the Medicare program. $450 14 MEDICAID lien search: Sedgwick’s lien resolution program will review and obtain conditional payment information from the applicable state entity managing the Medicaid program. $300 15 MEDICAID lien appeal: Sedgwick’s lien resolution program will file an appeal with the applicable state entity managing the Medicaid program. $450
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1 Sedgwick Copyright © 2024
2024 Special Investigation Unit (SIU) Services and Pricing SIU fees are detailed below. Fees may change from time to time upon 60 days written notice.
Service name Price
Research services
Social media investigation $275
Social media monitoring re-position
this service to be underneath “social
media investigation”
$25 per week of monitoring
Smart plus investigation $475
Comprehensive background $525
Canvassing services $250
Skip tracing/individual locate $315
Asset check $225
Criminal and civil check $135 plus cost of records
Additional counties or names : $75 (per county or name) Records request $100 plus cost of records
Other research services Quote upon request
Surveillance services
Surveillance
$95 per hour (portal to portal): All other states
$100 per hour (portal to portal): California, Hawaii and New York Mileage charged at IRS standard mileage rate
Additional expenses to hourly rate:
Report writing (up to 1/2 hour per day at standard surveillance rates) Pre-surveillance investigation: $85 License plate searches: $20 (per search post pre-surveillance )
Vehicle Sightings Report (license plate recognition) - $75 Unmanned surveillance
$750 per day (three-day minimum)
Deployment and extraction of stationary device:
$95 per hour: All other states
$100 per hour: California, Hawaii and New York
Mileage charged at IRS standard mileage rate
Video copies $100 per additional copy plus shipping
Field services
Alive and well check - in person $425: All other states $450: California, Hawaii and New York
Alive and well check - virtual
interview $125
Activity check $450: All other states
$475: California, Hawaii and New York
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2 Sedgwick Copyright © 2024
Service name Price
AOE/COE
Recorded statement
Scene investigation
Trial/deposition
$95 per hour (portal to portal): All other states
$100 per hour (portal to portal): California, Hawaii and New York Mileage charged at IRS standard mileage rate
International investigations Quote upon request
Other field services Quote upon request
Assessment services
Suspect file review $125 per hour
Fraud investigation (includes state
reporting) $125 per hour
Red flag analytics review
$125 perhour
Other assessment services Quote upon request
A detailed description of each service can be found on the Sedgwick SIU portal page.
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1 Field Adjusting Services for Sedgwick Clients 1/1/23 – 12/31/23 Adjuster Title Hourly Rate
Intern $82
Adjuster $108
Senior Adjuster* $155
General Adjuster* $206
Regional General Adjuster* $227
National General Adjuster* $237
Executive General Adjuster* $294
Senior Executive General Adjuster* $330
*Any rate above the Adjuster category requires pre-approval from the Sedgwick examiner Additional Char
ges:
Administrative Fees:
• Digital photo: Included
• Color prints of photos: $2.00 each (provided upon request from client) • Mileage: Prevailing IRS rate per mile
• Sales tax: Charged where statutorily required
Allocated Expenses:
• The quoted hourly rate fees do not include costs associated with allocated expenses including, but not limited to: legal expenses, field investigations, direct travel costs, expert fees, records, etc. • Allocated expenses will be handled on an actual cost (pass-through) basis Payments:
All invoices must be paid within 30 days from the date of invoice, including any non-disputed amounts Not applicable for Quota Share
Quota-share being defined as any risk transfer shared and/or layered program amongst the Insured, Captive, or Underwriting Entities
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2 Specialty Service Rate
Forensic Advisory Services Forensic Accounting Intern: $95/hour Forensic Accounting Analyst: $11 8/hour
Forensic Accounting Analyst II: $1 30/hour
Forensic Accountant: $150/hour
Senior Forensic Accountant: $1 80/hour
Manager: $20 5/hour
Senior Manager: $22 5/hour
Director: $24 5/hour
Administrative Services: $82 /hour
Subrogation Recovery Services Pricing varies and is dependent upon program Contents Services Contents Field Adjusting: $120 – $180/hour Desk Adjusting: $110/hour
Field Capture: $95/hour
Pack-out invoice desk audit $0 – $7,000: $500 flat fee $7,001 – $10,000: $600 flat fee
$10,001 – $20,000: $700 flat fee
$20,001 – $50,000: $800 flat fee
over $50,000: T&E
Virtual Pack-Out Inspection: $500 flat fee Building Consulting $170 – $283/hour
CXP (Customer Experience Property) Task only (photos of damage, brief report): $129 – $258 flat fee Task plus (photos, diagram, scope of damage, brief report): $273 – $397 flat fee Desk adjusting (rates determined at time of assignment): TBD Mitigation Bill Review Audit review personal lines – $0 – $25,000: $290 flat fee over $25,000: $95/hour
Audit review commercial lines – $0 – $25,000: $380 flat fee over $25,000: $125/hour
T&M Pro Services
(additional licenses provided at a
discounted rate)
Software and training – first 3 licenses: No charge
Bill review services (with estimate provided): $1 50/hour + 1.5% of total savings Other third-party validation: $125/hour
Clerk of the Works services: starting at $135/hour + expenses Fire Investigations $160 – $225/hour
Forensic Engineering (various disciplines) $225 – $385/hour Environmental Services $115 – $385/hour
Service Definitions:
Forensic Advisory Services:
This service includes the measurement of time element, inventory, property damage claims and other claim accounting (financial motive analyses, fraud investigations)
Subrogation Recovery Services:
Our recovery team focuses solely on the recovery effort. We have extensive experience negotiating and managing the litigation of recovery claims.
Contents Services:
This service includes determining the loss by capturing a comprehensive and accurate inventory of business or personal contents.
Building Consulting:
Our in-house building consulting team provides trusted and accurate replacement cost estimates and manage s the project from start to finish.
CXP (Customer Experience Property):
A fast model, supported by innovative technology, des igned to simplify the independent adjustment process and improve customer satisfaction.
Mitigation Bill Review Services:
This service is the auditing of losses involving water, asbestos abatement, mold remediation, trauma cleanup and fire, including post -catastrophe.
T&M Pro Services:
Time and material software used to review and evaluate contractor estimates and invoices.
Fire Investigations:
This service, provided by EFI Global, provides specific details of fire loss, enabling you to determine coverage, fraud and subrogation possibilities.
Forensic Engineering (various disciplines) :
This service, provided by EFI Global, provides a detailed loss analysis by a qualified and certified engineer.
Environmental Services:
This service, provided by EFI Global, includes full -service environmental consulting and engineering.
Indemnification: By accepting the Sedgwick services, you agree to the following: Sedgwick shall be fully responsible for exercising reasonable care at all times in the performance of its obligations hereunder. However, if Sedgwick is named as a party to any litigation or proceeding, or is the subject of any claim or demand because of its actions on behalf of Client, Client agrees to indemnify, defend, and hold Sedgwick, its officers, directors, employees and agents harmless from any and all losses, damages, costs, judgments and expenses (including attorney’s fees and costs) with respect to any such litigation, proceeding, claim or demand, unless and until a finding is entered to the effect that Sedgwick failed to exercise such reasonable care in the performance of its obligations hereunder. Sedgwick agrees to indemnify, hold harmless and defend Client, its directors, officers, employees and agents from and against any and all liabilities, loss or damage that they may suffer as a result of any claim, demand, cost or judgment against them arising out of the negligence or willful misconduct of Sedgwick in connection with its performance under this Agreement, provided that such acts or omissions do not arise out of or relate to oral or written instructions, procedures or forms supplied by Client or to Client's internal management or adjustment of its claims. Each party agrees to keep the other fully informed of any matter for which it is defending, holding harmless or indemnifying the other party. Each party reserves the right to appoint its own counsel, at its own expense, regarding any matter defended hereunder and to approve any settlements of same.
Ed. 01-23 GBO
Field Adjusting Services
for Sedgwick Clients 1/1/23 – 12/31/2 3
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EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
TIM
ELINE FOR COMPLETION OF WORK
1.1.1 Claim Files Ongoing
1.1.2 Property Subrogation Files Ongoing
1.1.3 Implementation of Property May 13, 2024 (Approximately 2 months) Subrogation Files
1.1.4 Plan of Action Ongoing
1.1.5 Quarterly Litigation Budgets August 1, 2024 (Due quarterly)
1.1.6 Investigative Reports As necessary
1.1.7 Narrative Reports As necessary
1.1.8 Check Register June 1, 2024 (Due monthly)
1.1.9 Financial and/or Tax Reports May 1, 2025 (Due annually)
1.1.10 Standard Loss Reports As requested by City
1.1.11 Special Reports As requested by City
1.1.12 Reports for Federal, State May 1, 2025 (Due annually) & Local 1099 Information
1.1.13 Call Center Service Forms June 1, 2024 (Reviewed Quarterly)
ATTACHMENT A
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City of Stockton
Legislation Text
File #: 24-0321, Version: 1
MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE
OPERATIONS AND MAINTENANCE UNIT AND TRADES AND MAINTENANCE UNIT
RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memoranda of Understanding (MOUs) effective July 1, 2023, through June 30, 2026, for the following units:
1. Operations and Maintenance (O&M);
2. Trades and Maintenance (T&M); and
3. Amend the Fiscal Year 2023-24 Annual Budget by increasing the expenditure appropriation by $1,680,412.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of these successor MOUs.
Summary
In March 2023, representatives of the City began meeting with the labor representatives to discuss successor MOUs. The prior MOUs expired on June 30, 2023. On March 20, 2024, the City reached a tentative agreement on successor MOUs with O&M and T&M. The O&M and T&M MOUs in redline format are attached as Attachment A and B, respectively.
DISCUSSION
Background
The City Council identified retention and recruitment of employees as a high priority and has taken numerous actions to set aside funds to address retention and market conditions through the adoption of the General Fund Reserve policy.
In 2019, the City entered into a four (4) year contract term with O&M wherein the bargaining unit members received a two percent (2%) Cost of Living Adjustment (COLA) to base pay effective January 1, 2020; a two percent (2%) COLA effective July 1, 2020; a two percent (2%) COLA effective July 1, 2021, and a two percent (2%) COLA effective July 1, 2022. Also in 2019, the City entered into a four (4) year contract term with T&M wherein the bargaining unit members received a two percent (2%) COLA to base pay effective January 1, 2020; a two percent (2%) COLA effective July 1, 2020; a two percent (2%) COLA effective July 1, 2021, and a two percent (2%) COLA effective July 1, 2022.
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File #: 24-0321, Version: 1
Present Situation
The City’s Long-Range Financial Plan (L-RFP) assumptions for employee compensation include two percent (2%) annual COLAs and two percent (2%) annual increases in the City’s health contributions.
Prior to the start of labor negotiations, the City contracted with a compensation consultant to perform an updated market salary survey in 2022. Based on these findings, staff recommended market salary adjustments to certain classifications in these units. Market salary adjustments are salary increases above the planned COLAs that are necessary to maintain compensation at levels competitive with similarly situated agencies. Market adjustment costs are incorporated in the L-RFP. The market adjustments offered by the City would have impacted 60 O&M positions out of 155 budgeted O&M positions and 38 T&M positions out of 78 budgeted T&M positions. However, during bargaining the O&M and T&M units did not agree to market adjustments. The units instead chose to receive higher COLAs for all classifications and no market adjustments for specific classifications.
The relevant amendments under the successor MOUs for the O&M and T&M units are summarized as follows:
1. Contract term for three (3) years effective July 1, 2023, through June 30, 2026.
2. Salary Adjustments. Effective May 1, 2024, eight percent (8%) COLA increase; effective July 1, 2024, zero percent (0%) COLA increase; and effective July 1, 2025, three percent (3%) COLA increase. (O&M Section 15.1), (T&M Section 15.1).
3. One-Time Payment. Effective May 1, 2024, the City will make a one-time payment in the amount of five thousand ($5,000.00) dollars, subject to applicable withholdings, to O&M and T&M bargaining unit members employed by the City upon adoption of this agreement by City Council. (O&M Section 15.15), (T&M Section 15.15).
4. Lump Sum Payment. Employees in the O&M and T&M bargaining units as of July 1, 2024, will receive a two thousand ($2,000.00) lump sum non-pensionable bonus to be paid in July 2024.
Employees in the bargaining units as of July 1, 2025, will receive a two thousand ($2,000.00) lump sum non-pensionable bonus to be paid in July 2025. (O&M Section 15.1 (f)), (T&M Section 15.1 (d)).
5. Standby Duty Compensation. Effective May 1, 2024, employees assigned to standby duty shall be paid four dollars ($4.00) per hour while assigned to be on standby. (O&M Section 11.3 (b)(1)), (T&M Section 11.3 (b)(1)).
6. Annual Leave as Hours Worked for FLSA purposes. Effective September 1, 2024, and continuing for a period of twelve (12) months, vacation leave taken within the work period shall also count as “time worked.” This pilot program will sunset at the end of twelve (12) months. (O&M Section 11.2 (d)), (T&M Section 11.2 (a)).
7. Safety Protective Footwear Reimbursement. Effective July 1, 2024, an increase to the footwear reimbursement from $200.00 to $250.00. (O&M Section 13.4 (b)), (T&M Section 13.3 (b)).
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8. City Health Contributions. Two percent (2%) increase to City’s health insurance premium contribution effective May 1, 2024, and two percent (2%) each fiscal year thereafter, with the last increase effective July 1, 2025. (O&M Section 14.1 (c)), (T&M Section 14.1(c)).
9. Health & Welfare Benefits. Adding clarifying language that members are eligible for Anthem Plans A, B, C, and D and Kaiser Plans A, B, and A+. (O&M Section 14.1 (a)), (T&M Section
14.1 (a)).
10.Salary Survey for Future Negotiations. Upon request of the O&M and T&M, but no later than September 1, 2024, the parties agree to discuss (1) salary survey jurisdictions and (2) salary survey elements to be utilized by both parties during the next round of negotiations. If parties do not reach a consensus, the parties are able to perform their own surveys during the next round of negotiations. (O&M 15.1 (e)), (T&M Section 15.16).
11. New Hire Orientation and Information Requirements. In accordance with Assembly Bill (AB) 119, the City shall provide the O&M and T&M units with all bargaining unit member information including name, job title, department, work location, phone number, home address, and email address every thirty (30) days. (O&M Section 2.2 (a)), (T&M Section 2.2 (a)).
12.O&M and T&M time banks. Upon request of the O&M and T&M once per calendar year, each employee covered by the MOU must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by O&M and T&M officers, directors, and members for O&M and T&M business. The City will provide the Union current time bank balance in February and August of each calendar year. (O&M Section 2.5), (T&M Section 2.5).
13.Non-Discrimination. Updated language regarding the mutual non-discrimination commitment. (O&M Section 3.1), (T&M Section 3.1).
14.Retention/Rejection of Probationer. Clarifying language of the provision. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probationary period shall not constitute a rejection of the probationer as defined in Civil Service Rules. (O&M Section 4.3), (T&M Section 4.3).
15.Birthday Holiday. Clarifying employees may take their Birthday Holiday off within sixty (60) calendar days beginning on the day of their Birthday. (O&M Section 12.2), (T&M Section 12.2).
16.Protected Nature of Family Sick Leave. Updating definition to include “designated person” per the law update. (O&M Section 9.2 (c)), (T&M Section 9.2 (c)).
17.Bereavement Leave. Updating language regarding number of Bereavement leave days per the law update. Also included that if the deceased person is the employees “designated person” for purposes of family sick leave, the request to use sick leave or annual leave shall not be unreasonably denied. (O&M Section 9.3 (a)), (T&M Section 9.3 (a)).
18.Grievance Procedures. Clarifying the provision to include that “day” shall mean days in which the Human Resources office is open for business. Changing the “calendar” days to working City of Stockton Printed on 4/10/2024Page 3 of 7
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days for the purpose of filing deadlines and response deadlines for the Department and Human Resources. (O&M Section 8), (T&M Section 8).
19.Vacation Cash Payment Option (Sellback). Eliminating provision since it is sunset language.
The Union elected to not re-negotiate this option. (O&M Section 9.1 (g)), (T&M Section 9.1 (f)).
20.Elimination of obsolete language, update to pronouns, and other language cleanup changes.
The relevant amendments under the successor O&M are summarized as follows:
1. Certification, Certification Training, and Special Certifications. Increases to the one-time add pays for Water, Wastewater, Water Distribution, and California Wastewater Environment Association (CWEA). Also, increasing crane operator and backflow add pay amounts up to a maximum of eight (8) crane operators. (O&M Section 13.10).
2. Potential Compaction between classifications. Bryce Consulting made specific recommendations for internal relationships between classifications in the O&M Unit and employees in the same job family. In the event these internal relationships change, the parties will consider how to address compaction between those classifications. (O&M Section 15.1 (d)).
3. Compensatory Time. For hours worked in excess of forty (40) hours in a seven (7) day work period as defined in section 11.2 (a), Compensatory Time may be earned at the rate of time and one-half (1-1/2). No more than one hundred (100) hours may be carried on the books at any time. (O&M Section 11.5 (b)).
4. GPS Policy, Rest Periods, New Standby List. The parties agree to hold Meet and Confer meetings to discuss the Global Positioning System (GPS) Policy, Rest Periods, and a new Standby List proposed by the O&M unit during negotiations. The parties will hold separate meetings and must mutually agree before any changes may be implemented. (O&M Section 21).
5. Attendance at Meetings by Employees and Negotiations. Increasing the number of allowed bargaining unit members to be excused for meeting purposes. The number of employees excused for such purposes shall not exceed five (5). For MOU negotiation meetings, the number of employees excused for such purposes shall not exceed six (6). (O&M Section 2.5).
6. Exempt Status of Classifications. Eliminating provision outlining that specific classifications are exempt from overtime as provided by the Fair Labor Standards Act (FLSA). These classes remain exempt from FLSA, only removing language as clean up. (O&M Section 11.2 (d)).
7. Salary Step After Promotion or Demotion. Clarifying that when an employee is promoted from a position in one class to a position in a higher class, the employee is entitled to the next step in the salary scale of the higher class which is at least five percent (5%) above the employee's current base salary. (O&M Section 15.7 (a)).
8. Special Certification pay. Eliminating provision that no longer is applicable, only removing language as clean up. (O&M Section 15.14).
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9. Municipal Utilities Work Appearance Policy. Making edits to the Municipal Utilities Department Work Appearance of Municipal Utilities Department Employees policy.
The relevant amendments under the successor T&M are summarized as follows:
1. Meal Allowance. Increasing the meal allowance to fifteen dollars ($15.00) for an employee who is held over and works a minimum of four (4) hours. Employees called back to work or called back from a day off with less than two (2) hours’ notice shall qualify for the fifteen-dollar ($15.00) meal allowance when they work a minimum of four (4) hours. (T&M Section 11.6)
2. Tool Allowance. Effective July 1, 2024, an increase to the annual tool replacement allowance for Mechanic employees assigned to the Central Garage who are required to personally supply their own set of mechanic hand tools, as required and approved by the Fleet Manager, from $400.00 to $800.00. (T&M Section 13.4).
3. GPS Devices in City Vehicles. Eliminating the provision since the City already met and conferred on the GPS policy for the Public Works Department and therefore language is no longer applicable. (T&M Section 21).
FINANCIAL SUMMARY
COLA. The bargaining units elected for a higher COLA in the first year of the contract and did not agree to any market adjustments for specific classifications. The value of market adjustments combined with the delay in implementation enabled the City to fund an 8% pay increase effective May 1, 2024, rather than a 4% increase on July 1, 2023, and a 3% increase plus market adjustments on July 1, 2024. Adjusting the timing of salary increases has a minor impact in the short term and no measurable long-term financial implications.
The total three-year cost for the COLA increases to base pay for the 233 employees in O&M and T&M is $5.1 million, of which $828,000 is a General Fund cost. The tables below show the costs for the 3-year term by bargaining unit based on a May 1, 2024 implementation.
Bargaining Unit # of Positions FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M 155 229,485$ 1,376,910$ 1,946,521$ 3,552,915$ T&M 78 99,091$ 594,546$ 840,730$ 1,534,366$ TOTAL 233 328,576$ 1,971,455$ 2,787,251$ 5,087,282$
COLA INCREASES
Lump Sum in Lieu of Retro. The cost to pay O&M and T&M employees one lump sum in lieu of retro of $5,000 is $1.3 million, of which $236,000 is a General Fund cost.
Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M 864,331$ -$ -$ 864,331$ T&M 436,721$ -$ -$ 436,721$ TOTAL 1,301,052$ -$ -$ 1,301,052$
LUMP SUM IN LIEU OF RETRO
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Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M 864,331$ -$ -$ 864,331$ T&M 436,721$ -$ -$ 436,721$ TOTAL 1,301,052$ -$ -$ 1,301,052$
LUMP SUM IN LIEU OF RETRO
Lump Sum. The cost to pay O&M and T&M employees two lump sum payments of $2,000 each is $1.0 million, of which $189,000 is a General Fund cost.
Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M -$ 339,041$ 339,041$ 678,082$ T&M -$ 174,688$ 174,688$ 349,377$ TOTAL -$ 513,729$ 513,729$ 1,027,459$ LUMP SUM JULY 2024 AND JULY 2025
Health Insurance. The cost for the health contribution increases is $348,000, of which $58,000 is a General Fund cost.
Bargaining Unit # of Positions FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M 155 12,710$ 90,531$ 137,158$ 240,399$ T&M 78 6,396$ 40,176$ 60,869$ 107,441$ TOTAL 233 19,106$ 130,707$ 198,027$ 347,840$
HEALTH CONTRIBUTION INCREASES
Certification Pay, Allowances and Safety Protective Footwear Reimbursement. The cost to increase certification-related pays and footwear reimbursements for the O&M unit is $238,000 over three years with no impact on the General Fund. The cost of increasing meal, footwear, and tool allowances for the T&M unit is $21,000 over three years, of which $14,500 is a General Fund cost.
Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M 16,882$ 111,740$ 110,194$ 238,816$ T&M 45$ 10,545$ 10,545$ 21,135$ TOTAL 16,927$ 122,285$ 120,739$ 259,951$
CERTIFICATIONS AND ALLOWANCES
Annual Leave Counts as Time Worked. The cost to implement the Annual Leave Couts as Time worked Pilot program is $62,000 for one year, of which $6,000 is a General Fund cost.
Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M -$ 50,795$ -$ 50,795$ T&M -$ 11,218$ -$ 11,218$ TOTAL -$ 62,013$ -$ 62,013$
ANNUAL LEAVE COUNTS AS TIME WORKED
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Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M -$ 50,795$ -$ 50,795$ T&M -$ 11,218$ -$ 11,218$ TOTAL -$ 62,013$ -$ 62,013$
ANNUAL LEAVE COUNTS AS TIME WORKED
Stand By Pay Increase. The cost to increase Standby Pay by $1 per hour (from $3 to $4) is $138,000 over three years, of which $12,500 is a General Fund cost.
Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M 13,490$ 53,959$ 53,959$ 121,408$ T&M 1,261$ 7,565$ 7,565$ 16,390$ TOTAL 14,751$ 61,524$ 61,524$ 137,798$
STAND BY PAY INCREASE
Total by Bargaining Unit
Bargaining Unit FY 2023-24 FY 2024-25 FY 2025-26 3 Year Total O&M 1,136,898$ 2,022,976$ 2,586,873$ 5,746,746$ T&M 543,514$ 838,737$ 1,094,397$ 2,476,648$ Grand Total 1,680,412$ 2,861,713$ 3,681,269$ 8,223,394$ Total
The total three-year cost of the successor Memoranda of Understanding (MOU) for the two units is $8,223,394 based on a May 1, 2024 implementation date. All of these recommended compensation changes except the lump sum payments are ongoing costs to the City and should be sustainable in the long-term.
The FY 2023-24 Annual Budget adopted by Council on June 20, 2023, must be amended to accommodate the increases in employee compensation. As detailed in Exhibit 3 to the Resolution, the total FY 2023-24 cost of compensation changes is $1,680,412, with 10% attributable to the General Fund. The recommended budget amendment needed to implement the two successor MOUs will increase the General Fund budget by $168,326 from the fund balance. The O&M unit is fully funded by the City’s utility funds with 45% of the $1,680,412 in the Wastewater Utility Fund (610), 20% in the Water Utility Fund (600), and 4% in the Stormwater Utility Fund (620). Other significant funding sources include Gas Tax and the Fleet Internal Service Fund at 12% and 9% of the total cost, respectively. The budget appropriations needed to implement the O&M and T&M MOUs will come from available fund balances in the various City funds and reimbursement from other agencies. Future year salary and benefit increases will be incorporated into the annual budget development process.
Attachment A - O&M MOU - Redline
Attachment B - T&M MOU - Redline
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CITY OF STOCKTON 1
CITY OF STOCKTON
MEMORANDUM OF UNDERSTANDING
OPERATIONS AND MAINTENANCE UNIT
MUNICIPAL UTILITIES DEPARTMENT
Operating Engineers' Local 3, AFL-CIO and representatives of the City of Stockton have met and conferred in good faith r
egarding wages, hours and other terms and conditions
of employment of employees in the representation unit i dentified in Section 1, have exchanged freely information, opinions an d proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers- Milias-Brown Act (Government Code sections 3500-3510) and has been jointly prepared by the parties.
This Memorandum of UnderstandingMOU shall be presented to the Stockton City Council as the joint recommendations of the undersi gned for salary and benefit adjustments for the period commencing July 1, 20192023 and ending June 30, 20232026.
ATTACHMENT A
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CITY OF STOCKTON
TABLE OF CONTENTS
Section 1. Recognition ............................................................................................................... 21 Section 2. Union Rights ...................................................................... 22Section 2. Union Rights ...................................................................................................................................................... 1 Section 3. Compliance with Federal Laws/Safety ............ 66Section 3. Compliance with Federal Laws/Safety .................................................................................................................................. 4 Section 4. Probation ................................................................................................................... 65 Section 5. Layoff ............................................................................................ 77Section 5. Layoff ...................................................................................................................................................... 6 Section 6. Reemployment ............................................................ 1110Section 6. Reemployment ...................................................................................................................................................... 8 Section 7. Discipline ............................................................................. 1110Section 7. Discipline ...................................................................................................................................................... 9 Section 8. Grievance Procedures .......................................................................................... 1212 Section 9. Leaves .................................................................................................................. 1515 Section 10. Days and Hours of Work ....................................................................................... 226 Section 11. Overtime ............................................................................................................. 2727 Section 12. Holidays ............................................................................................................ 32326 Section 13. Compensation and Allowance Other Than Base Salary ................... 3434Section 13.
Compensation and Allowance Other Than Base Salary ............................................................. 28 Section 14. Insurance Plans and Retirement Benefits ........................................................... 4039 Section 15. Salaries ............................................................................................................. 44436 Section 16. Severability of Provisions ........................ 5150Section 16. Severability of Provisions .................................................................................................................................................... 42 Section 17. Past Practices and Existing Memoranda of Understanding ..... 5150Section 17. Past Practices and Existing Memoranda of Understanding ................................................................ 42 Section 18. Scope of Agreement ...................................... 5250Section 18. Scope of Agreement .................................................................................................................................................... 42 Section 19. Duration of Agreement ................................ 5150Section 19. Duration of Agreement .................................................................................................................................................... 43
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Section 20. Maintenance of Operations/City Rights ................. 5251Section 20. Maintenance of Operations/City Rights ................................................................................................................ 43 Section 21. GPS Devices in City Vehicles ............................................................................. 5143 Appendix A. Market Adjustments ....................................................................................... 545453 Appendix B. Side-Letter of Agreement Exhibit A & B Employees ............................................ 645 Appendix C. Side-Letter of Agreement Longevity Incentive .................................................... 752
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CITY OF STOCKTON 2
Section 1. Recognition
Operating Engineers' Local 3, AFL-CIO, hereinafter referred to as the "Union," is the recognized employee organization fo r the Operations and Maintenance (O&M) Unit, certified pursuant to the Employer-Employe e Relations Ordinance (Stockton Municipal Code §§ 2-200, et seq.).
Section 2. Union Rights
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the part ies agree to the following process for making, cancelling, 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 the City wi ll deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Unio n from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, as certified in writing by the Union to the City, and pay such amounts to the Union.
1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
2. The City shall rely up on written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
3. The Union is responsible to obt ain and maintain voluntary written authorization for membership dues deductions.
4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
6. The Union is not required to prov ide a copy of individual employee authorizations to the City unless a dispute arises about the existence or
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terms of the authorization.
7. Deduction notificat ion will be provided to [email protected]
8. Changes , and/or cancellations , received by the City prior to the 15 th th of
the month will be processed no later than the first pay period of the second month. Example: The Union notifies the City on January 15 th th , the deductions will be effective no later than t he first full pay period in March.
The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision
The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 New Hire Employee Orientation and Information Requi rements
(a) In accordance with Assembly Bill ( AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire, a list containing the following info rmation on file from the City’s Human Resources database system (currently HTE):
1. Name;
2. Job title;
3. Department;
4. Work location;
5. Personal cellular telephone numbers, including work and home;
6. Personal email addresses as prov ided by new hire employee; and
7. Home address.
The above information shall be updated and provided to the Union at least every thirty (30)one-hundred and twenty (120) days for all bargaining unit members.
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2.3 Use of City Facilities
(a) The Union shall be allowed by the City department in whic h it represents employees' use of space on available bu lletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department. The Union may submit to the City Employee Relations Officer written communications having to do with official Union business for di stribution by the City to identified Union shop stewards. Distribution may be made by e-mail.
(b) Any representative of t he Union shall give notice to the department head or designated representative when cont acting department employees on City facilities during the duty period of the em ployees, provided that solicitation for membership or other internal Uni on business shall be conducted during the non-duty hours of all employees concerned. Pre-arrangement fo r routine contact may be made with individual department heads and when made shall continue until revoked by the department head.
(c) City buildings and other facilities may be made available for use by City Employees of the Union or their repr esentatives in accordance with such administrative procedures as may be est ablished by the City Manager or depart- ment heads concerned.
2.4 Advance Notice
Except in cases of emergency, reasonab le advance written notice shall be given to the Union if affected by any ordinance, resolution, rule , or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportuni ty to negotiate if requested with the designated management representatives prior to adoption.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter , the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to said notice with the management representatives designated by the City Manager.
2.5 Attendance at Meetings by Employees
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City employees who are official representatives or unit representatives of the Union shall be given reasonable time off wit h pay to attend m eetings with City management representatives where matters within the scope of representation or grievances are being considered. Such employee representatives shall submit a request for an excused absence to their respective department heads, in a manner satisfactory prior to the scheduled meeting whenever possible. Time spent for these purposes while a representative is not scheduled to work shall not be compensated by the City and shall not be considered as hours worked. Except by mutual agreement, the number of the employees excused for such purposes shall not exceed threefive ( 35) per recognized bargaining unit. For MOU negotiation meetings, the number of employees excused for such purposes shall not exceed foursix (46) per recognized bargaining unit.
O&M Time Bank. Upon request by O&M once per calendar in February of each year, each employee covered by this MOU must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by O&M officers, directors, and members for O&M business that occurs during normal work hours, for which paid release time does not apply. Time bank hours used will not be considered as hours worked. The Uuse of O&M Time Bank must be authorized by an O&M Officer, or O&M director. Members must submit the time- off request in advance and receive supervisor approval to attend O&M business that occurs during normal work hours.
The total amount of release time in the bank, including any carryover, will at no time exceed five hundred (500) hours. The City’s administration and processing of these contributions will be implemented as soon as administratively possible after ratification of this MOU. This time bank may be us ed by representatives who attend new hire orientations at the City. The City will provide the Union current time bank balance in February and August of each calendar year.
2.6 Maintenance of Membership
All employees in the Operations and MaintenanceO&M unit who are members of the Union, tendering periodic dues at t he execution of this agreement, and all employees who thereafter become members of the Union shall, as a condition of employment, pay dues to the Un ion for the duration of this Memorandum ofMOU Understanding, and each year thereafter. For a period of thirty (30) days prior to January 1, 2009 , and thirty (30) days prior to any January 1, thereafter, any employee in the aforementioned unit who is a member of the Union shall have the right to withdraw from the Union discontinuing dues payments and retain employment in the City ., subject to provisions of Section 2.2. Agency Fee. Said withdrawal shall be communicated by t he employee in writing to the City. The
ATTACHMENT A
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provisions of this secti on shall be operative only to t he extent that they are permissible under California law.
2.7 Assignment of Classifications
New job classifications established by the City shall be assigned to the bargaining unit pursuant to sSection 8 (b) of the City's Em ployer-Employee Relations Resolution after providing notice and the opportunity to consult with the Union regarding such matters.
2.8 Contract Ratification
Ratification votes for Contract will be handled on Ccity time during the day.
Section 3. Compliance with Federal Laws/Safety
3.1 Non-Discrimination. The City and the Union agree that there shall be no discrimination of any kind becauseon the basis of age (over 40), race, creed, color, religion (creed) , national origin, (ancestry), military or veteran s status, physical andor mental disability, medical condition, genetic information, marital status, sexual orientation, sex ( sexual, gender based including, pregnancy,/ childbirth), breastfeeding or related medical c onditions), gender identity/expression, political affiliation, or legitimate union activity, or on any other basis prohibited by applicable Ffederal and State law against any employee or applicant for employment.
3.2 Fair Labor Standards Act. The Uni on agrees to cooperate with the City to einsure its members' compliance with the provis ions of the Fair Labor Standards Act (FLSA).
3.3 Safety. The Union shall cooperate with the City in promoting safety objectives as defined in Federal, State, and local regulations by actively supporting safety programs, promoting safe work habits of members, and encouraging an ongoing, active participation by its members in safety safety-related procedures and practices as offered and promulgated by the City of Stockton.
Section 4. Probation
4.1 Purpose
The probationary period shall be utilized fo r closely observing the employee's
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work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employ ee whose performance does not meet the required standards of work.
4.2 Original Entrance and Promotional Positions
All original appointments shall be tentative and subject to a probationary period of one (1) year with a review completed after six ( 6) months from original appointment. Promotional appointments shall be subject to a probationary period of six ( 6) months. The probat ionary period for original and promotional appointments will not be extended.
4.3 Retention/Reject ion of Probationer
At the end of the pr obationary period, if the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or not permanent regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probati onary period shall not constitute a rejection of the probationer as defined in Civil Service Rules.
During the probationary period an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which promoted unless charges are filed and the employee is discharged in the manner provided in sSection 7 of this Memorandum of UnderstandingMOU and in the Civil Service Ordinance and Civil Service Rules, which are consistent therewith.
4.4 Alcohol and Drug Testing. All employees hired into original and reemployed appointments in safety-sensitive positions identified by the City must pass a drug and alcohol screening prior to being offered City employment. This shall include non-represented part-time, seasonal, provisional, and temporary appointments.
Section 5. Layoff
5.1 Layoff
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Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.
5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.4 Precedence by Employment Status
(a) No permanent regular status employees shall be laid off while employees working in an extra help, seasonal, tempor ary, provisional, or probationary status are retained in the same classification as such permanent regular status employee.
The order of layoff am ong employees not having permanent regular status shall be according to the following categories:
(1) extra help or seasonal
(2) provisional
(3) temporary
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(4) probationary
Layoffs shall be by job classification acco rding to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure part-time classes shall be considered as separate from regular full-time classes.
The following provisions shall apply in computing total continuous service:
(1) Time worked in a permanent regular status or
probationary status shall count as service.
(2) Time spent on military leave shall count as
service in the event the leave was taken
subsequent to entry.
(3) Time worked in an extra help, seasonal,
provisional, temporary, grant or other limited
term status shall not count as service.
If two (2) or more employees have the same seniority, order of seniority shall be determined by their respective ranking on the eligibility list for hire.
If two (2) or more employees have the same seniority, but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.
If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.
(b) Any employee in the Operations and Maintenance O&M Unit who is laid off may complete a City employment applicati on for any position currently staffed by a part time, provisional, or temporary employee. The Human Resources Department will evaluate t he employment application. If the laid off employee meets the minimum qualifications of that position, he/shethey shall have the option of displacing the part time, provisional, or temporary employee.
5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any
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other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior permanent regular status, thus displacing the employee working in the classification who has the least (total service) seniority.
5.6 Health and Welfare Benefits during Layoff
Permanent Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City r egulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
Section 6. Reemployment
(a) The name of each employee who is laid off in accordance with sSection 5. shall be placed at the head of the eligibility list for the class of positions which that employee held, and shall be given preference in filling vacancies in that class.
(b) An employee laid off in accordance with this sSection shall be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This right of a laid off employee shall remain effective for two (2) years from the date of latest separation from the service. The employee shall not be placed on said eligibility list or lists without first submitting a written request. Employee's place on said list or lists shall be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and shall be given preference in filling vacancies except for those persons placed on said list or lists of reemployment in the same positions previously held. An employee who waives reemployment to a full time position three (3) times shall have his/hertheir name removed from this reemployment list unless mutually agreed to by the Department and employee.
Upon certification for appointment to a new position never having been held by this employee, the probationary period must be completed as required in this Memorandum of UnderstandingMOU.
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Section 7. Discipline
Disciplinary action, including discharge, sus pension, reduction in pay or demotion, may be taken against any employee for cause.
7.1 Pre- disciplinary Rights
An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:
(a) Notice of proposed discipline.
(b) Date(s) proposed discipline will be effective.
(c) Reasons for the proposed discipline, the specific grounds and particular facts upon which the action is taken.
(d) Seven (7) calendar days in which an employee or the representative may respond either orally or in writing to the department head.
(e) The employee must be provided with any written materials, reports and documents upon which the action is based.
7.2 Administrative Leave
The City may place an employee on adminis trative leave pending the completion of the pre-disciplinary process.
7.3 Provisions
The appointing authority may discharge, suspend or demote any employee in the classified service provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commi ssion and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted or discharged to appeal such action. The employee may take only one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) calendar days of written notification of the action. (Such filin g will foreclose use of the
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grievance procedure.)
(c) File a grievance as provided for in sSection 8 within ten (10) calendar days of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
All verbal reprimands and written r eprimands shall be removed from the employee’s record after a period of one (1) year if there has been no reoccurrence of the infraction and the employee has a good work record. All other disciplinary records shall be removed from an employee’ s work record after two (2) years if there has been no reoccurrence of the in fraction and the employee has a good work record.
Section 8. Grievance Procedures
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process. Day – shall mean day(s) in which the City’s Human Resources Office is open for business.
8.2 Filing Deadline
(a) No grievance involving demoti on, suspension, discharge or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) calendarworking days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendarworking days from the time the employee knew or had reason to know of the facts giving rise to the grievance.
(b) With written consent of the Cit y Manager or his/hertheir designee and the Union Business Agent or his/hertheir designee, time limits may be extended and/or Steps 1, 2 and/or 3 of the Grievance Procedure waived.
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8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any em ployee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the departm ent head may designate. If the issue is not resolved within the department within twenty (20) calendarworking days from the day of presentation or if the employee elects to submit the grievance directly to the Union recognized as the representative of that employee's classification, or if the employee/Union official notifies the Director of Human Resources, in writing, that a grievance exists, the procedure hereinafter specified may be invoked. An email will suffice as a formal submission of a Step one (1) Grievance. The Union agrees to state in the subject line of the email “Grievance.”
(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at level Step one (1), then the employee may appeal the grievance to the Director of Human Resources within twenty (20) calendarworking days of the receipt of written response at Step level one (1). Such appeal must state with particularity: 1) the specific policy, rule or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Union may file and process grievance(s) on behalf of the specifically named employee. The Director of Human Resources shall have twenty (20) calendarworking days in which to investigate the issues, meet with the complainant , and attempt to reach a satisf actory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investi gated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step 3 - Arbitration. If the parties are unable to reach a mutually satisfactory accord on the grievance at Step two (2), within twenty (20) calendar days either the Union or the City may require that the grievance be referred to an impartial arbitrator mutually selected by the parties, or if the par ties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service.
The arbitrator shall be chosen by the alter native strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, includ ing preparation and post hearing briefs, if any.
(d) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
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8.4 Scope of Arbitration
(a) No arbitrator shall entertain, hear , decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the defi nition of a grievance as set forth in paragraph 8.1.
(b) Proposals to add to or change this Memorandum of UnderstandingMOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of UnderstandingMOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this Section shall hav e the power to amen d or modify this Memorandum of UnderstandingMOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No changes in this Memorandum of UnderstandingMOU or interpretations thereof (except interpretations resulting from ar bitration proceedings hereunder) will be recognized unless agreed to by the Director of Human Resources and the Union.
8.5 Other Provisions
If the Director of Human Resources or City Manager, in pursuance of the procedures outlined above, resolve s a grievance which involve sd suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City.
Complaints which allege the employee is not being compensated in accordance with the provisions of this Memorandum of UnderstandingMOU shall be considered as grievances and processed pursuant to sSection 8.3. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of UnderstandingMOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) calendar days from the date upon which the complaint was filed.
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Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.
A grievant will be provided release time without loss of pay for all required meetings with management. The City cannot discriminate or retaliate in any manner against an employee for filing a grievance or exercising rights under this sSection.
The provisions of this sSection shall not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administe red in a manner whic h would abrogate any power which, under the Stockton Municipal Code, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in representation units represented by the Union shall be processed under this sSection. If the Stockton Municipal Code and/or the Civil Service Rules and Regulations requires that a differing option be available to the employee, no action under paragraph (c) of Subsection 8.3 above shall be taken unless it is determined that the employee is not utilizing such option.
No action under paragraph (c) 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 requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
Section 9. Leaves
9.1 Vacation Leaves
All regular status employees, excluding provisional, and temporary, and part-time employees, shall accrue vacation leave with pay in accordance with the following schedules:
(a) Vacation - FLSA Non-Exempt empl oyees shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than one and one-half (1-1/2) years continuous
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employment .............................................................. 80 hours/year.
(2) After one and one-half (1-1/2) to seven and one-half (7-1/2) years continuous employment ................................ 108 hours/year.
(3) After seven and one-half (7-1 /2) to fifteen (15) years continuous employment ......................................... 144 hours/year.
(4) After fifteen (15) to twenty-five (25) years continuous employment ............................................................ 189 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a twice-monthlyper pay period payroll basis.
(b) FLSA Non-Exempt Employees Maximum Vacation Accrual. Employees reaching the maximum hours shall stop a ccruing additional ho urs until they are below the caps listed herebelow. No vacation hours maybe added to sick leave and balances. without exception.
The maximum number of vacation hours that FLSA non-exempt employees 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 plus 7 hours each additional year
(c) Vacation - FLSA Exempt employees shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than one and one-half (1-1/2) years continuous employment……………………………………………….120
hours/year.
(2) After one and one-half (1-1/2) up to seven and one-half (7-1/2)
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years continuous employment………………………...148
hours/year.
(3) After seven and one-half (7-1/2) up to fifteen (15) years continuous employment……………………………188 hours/year.
(4) After fifteen (15) up to twent y-five (25) years continuous employment…………………………………………..229 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a per pay period twice-monthly payroll basis.
(d) FLSA Exempt Employees Maximum Vacation Accrual. Employees reaching the maximum hours shall stop a ccruing additional ho urs until they are below the caps listed here. No vacation hours may be added to sick leave . balances without exception.
The maximum number of vacation hours that FLSA exempt employees shall accrue are as follows:
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
(e) Vacation Scheduling. Vacation leaves shall be scheduled with due consideration for the wishes of the empl oyee and so as to not interfere with the normal operation of the City business. Va cation requests are accepted on a day for day basis.
(f) Holiday during Vacation. If any such paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(g) Cash Payment Opti on for Vacation.
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(1) An employee may elect to receive cash payment for up to a maximum of forty (40) hours of accumulated vacation hours annually except that all cash outs shall be sus pended during furlough or fiscal emergency periods, however, effective for FY 20420/20521, 20521/20622 and 2022/2023 only, an employee may elect to receive a cash payment for a maximum of forty (40) hours of hi s/her unused accumulated vacation balance after the use of a scheduled va cation of forty (40) consecutive hours or more in that same or prior fiscal year. To utilize this option, employees must maintain a balance of (forty) 40 accrued vacation hours after the cash payment. When in effect, this option may be exercised once per fiscal year. Employees may elect th is option by December 31 of each year for the cash out the following calend ar year. The cash out election is irrevocable and the City will follow IRS regulations regarding cash payment of leave.
(gh) Vacation Cash Out Upon Separation
An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the se cond regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
9.2 Sick Leave
(a) Accrual. All regular status full-time employees, except provisional , and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
All regular status employees, except provisional , and temporary employees, scheduled to work less than a full month shall accrue sick l eave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick l eave pay for those days which the
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employee would normally have worked, to a maximum of the hours accrued, described as:
Preventive medical, dental, optical care, ill ness, injury or exposure to contagious disease which incapacitates the employee from performing normal work duties.
This includes disabilities caused or contributed by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.
(c) Family Sick Leave. Employees may utilize up to one-half (1/2) of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care that otherwise would not be covered by the Family Medical Leave Act ( FMLA) or the California Family Rights Act (CFRA) leaves.
Such leave shall be restricted to the em ployee's parents, spouse, mother-in-law, father-in-law, child, stepch ild, brother, sister, brothe r-in-law, sister-in-law, grandparent and grandchild, legal dependent, and registered domestic partner , and “designated person.” For purposes of paid sick leave, a “designated person” means a “person identified by the employ ee at the time the employee requests paid sick leave.” An employee may select one (1) person as a “designated person” in a twelve (12) month period.
In special cases, with the approval of the Director of Human Resources, a department head may grant the use of sick leave in other circumstances.
It is not the intent of this provision to conflict with any state or federally mandated policies, such as the Family Medical Leave Act ( FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL).
(d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence (for example, including but not limited to scheduled medica l, dental or vision appo intments), the employee shall request authorization for such sick leave from the department head prior to such absence.
If an employee is not able to report due to illness or injury, the employee shall report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the work day , except for extenuating circumstances prohibiting giving notice. Each Supervisor will have the authority to identify acceptable forms of sick leave notification and will provide acceptable forms of sick leave notification in writing to employees; however, at all times the
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employee must contact his/hertheir direct supervisor directly when not able to report to work. If the employ ee’s direct supervisor is unavailable, the employee must contact the next-level supervisor.
Failure to notify as soon as possible and in conforming to the thirty (30) minute notification shall be cause for the following disciplinary action:
(1) For the first time within a si x (6) month period, a Memorandum of Discussion.
(2) For the second time within a six (6) month period, a Letter of Reprimand.
(3) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more
incidents occur within a six (6 ) month period, the employee may be discharged.
The six (6) month period will be defined as six (6) months from the most recent incident. If no other incident occurs within six (6) months of the most recent incident, the disciplinary data will be removed from the employee’s active file.
(e) Verification Procedures
(1) Before being paid for the use of accrued sick leave, the employee shall submit a request for sick leave fo rm, stating the dates and hours of absence, and, the type of sick leave being requested such as sick leave for self, family member and/or FMLA.
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(2) Doctor's Certificate or Other Proof. The Director of Human Resources may require a doctor’s certificate or other reasonable proof of illness as he/shethey deems necessary 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 documentation. Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for more than three (3) consecutive days, a doctor’s certificate or other reasonable proof of illness may be required. In addition, the City may monitor and control the appropriate use of sick leave by em ployees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(3) If the City has a reasonable basis to believe that an employee is abusing the sick leave benefit, the City or the employee's supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed abuse, and 2) discuss the r easons for the employee's absence.
The employee has the right to Union representation at such meeting. After such meeting, and depending on the factual circumstances, the City may:
(a) Place the employee on restricted sick leave for a period of not more than four (4) mont hs, under the direction of the Director of Human Resources pursuant to section (e)(2)
above;
(b) Suspend the employee without pay for up to five (5) days for abuse of sick leave; or dismissal from employment if a prior suspension involved abuse of sick leave;
(c) Place the employee in an employee assistance
program, if agreed to by the employee.
(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
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(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or inju ry signed by a physician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all accumulated or future accruals of sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS servic e credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired on or after December 29, 2012 shall not be eligible for this service credit.
(i) Sick Leave Retention Benef it. If, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separa tion shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
(2) Separation between July 1, 201 4 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, 2/16/12 shall be paid at thirty five percent ( 35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012 2/16/12 shall be paid at fifty percent (50%) of it’sits cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request , be granted up to three (3) days bereavement leave with pay without charge to theirhis accumulated sick leave credits or annualvacation leaveeligibility. The Director of Human
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Resourcesemployee shall, upon request, be may granted an additional two (2) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave or annual leavecredits. in cases where extensive travel is requir ed to attend the funeral. For the purposes of this paragraph, the immediate family shall be restricted to the employee’s parents, spouse, mother-in-law, father-in-law, ch ild, stepchild, brother, sister, brother-in- law, sister-in-law, grandparent, grandchild, and registered domestic partner.
In the event of the death of a person not immediatel y related to an employee as defined above, the employ ee's department head may grant up to three (3) days bereavement leave, upon request, which shall be charged against the employee's accumulated sick leave credits or annual leave. If the deceased is the person who is the employee’s current “designated person” for purposes of family sick leave pursuant to Section 9.2(c), the request to use sick leave or annual leave shall not be unreasonably denied.
(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedience to subpoena or by direction of proper aut hority, in accordance with the following provisions:
Said absence from duty including necessary travel time, will be for actual hours served on jury duty or testifyingies as a witness in a criminal case, other than as a defendant. This shall include the time from when the employee is ordered to appear until the time the employ ee is released from the c ourt. As a condition of receiving such pay, the employee must re mit to the City, through the employee's department head, within fifteen (15) days afte r receipt, all fees received except those specifically allowed for mileage and expenses.
If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work histheir usual morning schedule. If an employee is required to appear for a morning court session and is sent home before noon and not r equired to return in the afternoon, the employee will be expected to work his usual afternoon schedule.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of ex penses incurred, shall be remitted to the City through the employee's department head.
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Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or inon 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 involved, shall not be considered absent from duty within the meaning of the sSection.
(c) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.
All regular status employees in the service of the City shall be allowed a leave of absence without pay for duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Fo rce or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the position they held when th ey were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary employee having served a minimum probationary period of six (6) months at the time of induction, it shall be optional with the department head and the Cit y Manager to grant regular st atus to said employee before induction.
All probationary employees inducted into Military Service not having served the minimum probationary period of six (6) months, or having served the minimum probationary period of six (6) months, but not having received regular status shall be allowed a leave of absence without pay fo r the duration of a national emergency, but said employees shall be pl aced at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physica lly fit as above specified and shall serve the balance of their probationary period befor e attaining the status of a regular status employee.
Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
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9.4 Workers' Compensation Leave
(a) Workers' Compensation Benefits sha ll be provided in accordance with State law and schedules whenever an employee is absent from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compens able under the Workers' Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on- the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work- related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources department.
9.5 Leave of Absence Without Pay
(a) Entitlement. Employees shall not be entitled to a leave of absence without pay as a matter of right, but only upon the determination of the City that the granting of such leave is in the best interest of public service and that there is a presumption that the employee intends to return to work upon the expiration of the leave of absence. Leaves of absence are subject to eligibility in accordance with state and federal guidelines. The granting of a leave of absence provides the employee the right to return to the position vacated.
(b) Approval. All leaves of absence without pay must be recommended by the department head and approved by the Dir ector of Human Resources. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service, or in the ev ent an application for service connected disability retirement has been filed.
(c) All leave s without pay must be recommended by the department head and approved by the Director of Human Resources. Leaves of absence approved in accordance with state and federal guidelines may be taken without pay for illness following the exhuastionexhaustion of entitlement of si ck, vacation, and other accrued leave hours.
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9.6 Absence Without Official Leave (AWOL)
(a) Refusal of Leave or Failure to Return after Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled, or at the expirati on of a leave, shall be considered an absence without official leave.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days without a satisfactory explanation as approved by the Human Resources Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton. An employee must provide a written statement to the Human Resources Department regarding a "satisfactory explanation", within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee's last known address.
Section 10. Days and Hours of Work
10.1 Workweek
The normal work week for employees is defined as either the traditional work week consisting of eight (8) hours per day, five (5) days per week; the alternate 9/80 work schedule consisting of 9 hour work days Monday through Thursday, 8 hour workday on Friday with every other Friday off; or the twelve (12) hour workday shift schedule. Employees assigned to the eight ( 8) hour and twelve ( 12) hour schedules have a defined work week that st arts at 12:00 a.m. Sunday through 11:59 p.m. Saturday; the 9/80 schedule work week starts mid-shift Friday through the following mid-shift Friday. Where operational requirements of a department require deviations from these schedules, the department head with City Manager approval may institute alternate work schedules as long as the City meets with the Union over the impact of such schedules and conforms to work period requirements of the Fair Labor Standards ActFLSA . Twelve (12) hour workday employees are not set up in the City’s payroll system as “salaried” and therefore are paid for actual hours worked each pay period (i.e. no salary adjustment); however when the City implements its new payroll system, all employees may be paid for actual hours worked each pay period only (i.e. no more salary adjustment).
10.2 Meal Periods and Rest Periods
(a) Employees shall receive a one (1) hour or one half-hour (1/2) meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half
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of the work day and a second fifteen (15) minute paid rest period during the second half of the work day. Employees who exceed the time limits prescribed above for lunch and/or rest periods shall have their pay reduced accordingly.
(b) Where operational requirements of a department require deviations from this schedule, meal periods of other dur ations and alternate rest periods may be instituted with the approval of the Department Head or Designee.
10.3 Reporting to Work
Repeated failure to report to work on time may result in appropriate discipline as set forth below:
(a) For the first time in a six (6) m onth period, a Memorandum of Discussion.
(b) For the second time within a six (6) month period, a Letter of Reprimand.
(c) For any subsequent time within a si x (6) month period, suspension from work; or at any time four (4) or more incidents occur within a six (6) month period, the employees may be discharged.
If an employee reports to the work site after the designated starting time, the employee will be paid only for time actua lly worked; however, the employee may be allowed to utilize annual leave for lost pay, provided the employee's supervisor approves.
Any Memorandum of Discussion or Letter of Reprimand regarding tardiness which is more than six (6) months old will be re moved from the personnel file upon request.
Section 11. Overtime
11.1 Overtime Authorization
All compensable overtime must be authorized by the department head or their his designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day fo llowing the date on wh ich the overtime was worked.
11.2 Definition
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The following provisions perta ining to authorized or stat utorily required overtime work shall apply to non- FLSA exempt employees.
(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one- half (1-1/2) including employees employed on a per hour or per day basis or except as provided elsewhere herein. Observed holidays, floating holidays, jury duty leave, bereavement leave, and sick leave hours taken shall be considered as time worked for overtime calculation purposes. Vacation, or other compensated time off shall not be considered as actual time worked.
(b) On a holiday observed by the City an employee who isare not regularly scheduled to work holidays shall be paid for a regular work day (pursuant to holiday benefit under section 12) plus time and one- half (1-1/2) for actual time worked including employees employed on a per hour or per day basis, or except as provided elsewhere herein.
(c) The City may require mandatory overtime when operational needs exist and if the City dictate s the need to work such overtime. Work in excess of forty (40) hours worked as defined in (a) above in any workweek that qualifies for overtime will be paid or taken as Compensatory Time-off (CTO) in accordance with sSection
11.5(b).
(d ) Notwithstanding subparagraph “(a)” above, effective September 1, 2024 and continuing for a period of twelve (12) months, vacation leave taken within the work period shall also count as actual time worked. The parties agree that the cost value of this modification is approximately zero point three percent (0.3%) of salary for the bargaining unit and is f unded by the delay in the 2023 COLA. This pilot program will sunset at the end of twelve (12) months. However, during the pilot program, the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modi fications to or continuation of this structure as part of su ccessor contract negotiations. Exempt Status of Classifications
The parties have agreed that effective upon the first full pay period after ratification of this contract the classifications of Chemist and Microbiologi st will be exempt from overtime as provided by the Fa ir Labor Standards Act (FLSA) and will be considered Exempt in the City’s attendance and pay policies, and for the accrual of vacation. In consider ation of this exempt status, employees in these classifications will receive the FLSA exempt employee vacation accrual rates and
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maximum accrual allowances as listed in Sections 9 (c) and (d) of this MOU.
Vacation - FLSA Exempt employees shal l accrue vacation leave with pay in accordance with the following schedule:
(1) Less than one and one-half (1-1/2) years continuous employment……………………………………………….120 hours/year.
(2) After one and one-half (1-1/2) up to seven and one-half (7-1/2) years continuous employment………………………...148 hours/year.
(3) After seven and one-half (7-1/2) up to fifteen (15) years continuous employment……………………………188 hours/year.
(4) After fifteen (15) up to twent y-five (25) years continuous employment…………………………………………..229 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a twice-monthlyper pay period payroll basis.
FLSA Exempt Employees Maximum Vacation Accrual. Employees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.
The maximum number of vacation hours that FLSA exempt employees shall accrue are as follows:
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
(e) Temporary Upgrade Pay. Employees assigned to work overtime in a position or classification other than the position or classification to which they are
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permanently appointed to, will be paid overtime at the h ourly rate attached to the position or classification in which they are performing such overtime work.
11.3 Standby Duty
When warranted and in the interest of the City operation, department heads or their designee may assign employees to "standby" status.
(a) Application of "standby" shall be as follows:
(1) Each employee so assigned to "standby" shall be provided with a communication device while on standby and shall be able to report to the work site with best efforts within thirty ( 30) minuteminutes; in no event longer than fo rty-five (45) minutes.
Employees on Standby shall ensure that theythey are available and able to return to work to perform their assigned duties.
(2) Employees on standby shall hav e the option to trade hours of standby status with another qualified employee in the same unit or division with departmental approval.
(3) Standby shall be assigned in a minimum of eight (8) hour s blocks., i.e., Monday - Friday work week standby can be eight ( 8), sixteen (16), twenty-four (24) hour blocks. The block of standby will be to one (1) person per a twenty-four (24) hour period.
Standby for weekends i.e., Saturday, Sunday or extended holiday weekends (Friday – Sunday, or Saturday – Monday) will be assigned 8 - 48 hour blocks to one (1) person per weekend (up to seventy-two (72) hours for holiday weekend).
(b) Compensation of "standby" shall be as follows:
(1) E ffective May 1, 2024, e mployees assigned to standby duty shall be paid four dollars ($43.00) per hour while assigned to be on standby. An employee shall earn time and one-half (1-1/2) for all actual time worked while on standby duty status only if eligible for overtime as defined in sSection 11.2 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 work performed”
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for purposes of calculating overtime.
11.4 Call Back
Employees called back to wo rk from off duty status, the employee shall be compensated for a minimum of two (2) hours and forty-five (45) minutes pay at time and one-half (1-1/2) or actual time worked at time and one-half (1-1/2), if eligible for overtime as defined in sSection 11.2, above, whichever is greater.
When authorized by the department, empl oyees who are contacted and who provide remote support via telephone, Internet, or network connection will be paid time and one-half ( 1-1/2)1½) for time worked in fifteen ( 15) minute intervals, if eligible for overtime as defined in sSection 11.2 above. Intervals cannot be compounded or overlapped.
To be eligible for call-back pay, both of the following conditions must be met:
(a) The call-back must occur outside of the employee’s regular work hours; including overtime.
(b) The call-back time worked must not be contiguous to the employee’s regular work hours; including overtime.
(c) An employee is ineligible to re ceive a premium for both standby and call back. For example, employees shall not receive standby pay for hours in which they are paid overtime or call back pay.
11.5 Compensatory Time
(a) Definition. As used in this sSection, 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.
(b) Accrual. For hours worked in excess of forty (40) hours in a seven (7) day work period as defined in sSection 11.2(a), Compensatory Time may be earned at the rate of time and one-half (1-1/2). No more than eighty (80)one hundred (100) hours (forty [(40]) hours worked at time and one-half [1-1/2]) may be carried on the books at any time.
(c) Use. Use of Compensatory Time shall be scheduled with due consideration
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for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of requests fo r use of Compensatory Time shall be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Payment. Once eighty one hundred (80100) hours of Compensatory Time is accrued on the books, all ot her hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid.
At the end of each calendar year, a ll CTO will be carried forward (40 hours maximum), unless the employee elects to have the compensatory balance paid.
Carryover CTO cannot exceed the forty (40) hours maximum.
Any CTO balance in excess of forty (40) hours remaining at the end of the calendar year will automatically be paid to the employee.
11.6 Meal Allowance
The City shall provide a meal allowance of FIFTEEN DOLLARSfifteen dollars and no cents AND NO CENTS ($15.00) for an employee who is held over and works a minimum of four (4) hours. Employees called back to work or called back from a day off with less than two (2) hours noticehours’ notice shall qualify for the FIFTEEN DOLLARS AND NO CENTSf ifteen dollars and no cents ($15.00) meal allowance when they work a minimum of fo ur (4) hours. Ext ension of the work schedule or call-back must be properly authorized by t he employee's supervisor or other designated personnel.
Section 12. Holidays
12.1 Qualifying for Holiday Pay
All regular status employees, excluding provisional and temporaryprovisional, temporary, and part-time employees, shall be entitled to the holiday benefit at full pay not to exceed the employee’s regular work day for any one (1) holiday. For an employee working on a 4/10, 9/80 or 12- hour work day plan, holidays shall be paid equivalent to the employee’s regularly scheduled work hours (e.g. 9 hours for 9- hour day or 8 hours on an 8- hour day on 9/80 schedule, or 12 hours of holiday pay for 12-hour shift).
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12.2 Holidays Observed by the City
Effective January 1, 2020 and upon approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holiday s on full pay for each of the below listed holidays. Unless otherwise provided in this section, the City observes the following holidays on the dates indicated:
(1) January 1………. ............................................................................................. . ...................................................................... New Years' Day (2) Third Monday in January (FLOATING) .......... Martin Luther King Jr.'s Birthday (3) Second Monday in February (FLOATING) .......................... Lincoln's Birthday (4) Third Monday in February (FLOATING) ....................... Washington's Birthday (5) March 31 (FLOATING) ................................................Cesar Chavez Birthday (6) Last Monday in May ................................................................... Memorial Day (7) July 4 .................................................................................. Independence Day (8) First Monday in September .............................................................. Labor Day (9) Second Monday in October (FLOATING).................................. Columbus Day (10) November 11 ........................................................................... Veteran's Day (11) Fourth Thursday in November .................................................... Thanksgiving (12) The day following the day known as Thanksgiving
(13) December 25 ............................................................................ Christmas Day (14) Birthday Holiday
FLOATING Floating holidays must be scheduled and used by December 31 st of
each year and do not carry forward into the subsequent year . There is no cash value for any unused floating holiday hours. While the floating holiday leave hours will be available as of January 1st each year, employees have not earned each of the floating holidays until the actual hol iday occurs; if an employee separates employment and has utilized more float ing holiday hours than earned, the employee’s vacation or compensatory ti me hours will be char ged for the same number of hours previously taken as floating holiday hours.
Birthday Holiday Leave. The department head with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days afterbeginning on the day of the employee’s birthday.
For employees on a Monday through Friday workweek, if a fixed holiday falls on a Sunday, the following Monday will be observed. If holidays fall on a Saturday, the preceding Friday will be observed. For employees who work in a division staffed for twenty-four (24) hour operations, fix ed holidays that fall on a Saturday or
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Sunday will be observed on Saturday or Sunday respectively.
In order to receive Holiday Pay the empl oyee must be in a paid status the day before and the day after the holiday.
An employee who takes a holiday off on a normally scheduled work day will receive a regular work day worth of holiday pay at their regular rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes. A holiday that falls on an employee’s normally scheduled day off will receive a regular work day worth of holiday pay at their regular rate of pay, however the holiday hours will not be counted as time worked. If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half (1-1/2)and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s normal work day).
12.3 Compensation for Holidays Worked
Prior approval for holiday work must be secured from the City Manager except in emergency situations where said approval cannot be obtained beforehand.
Section 13. Compensation and Allowance Other Than Base Salary
13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012.
(a) The City will pay seven percent (7%) of the employee's current base salary (employee's contribution) and other co mpensation as qualified by State law towards the Public Employees’ Retirement System (P.E.R.S.). Such amounts will be applied to the employee's individual account in accor dance with California Government Code section 20691 unless modified below.
(b) The City's P.E.R.S. retirement plan is two percent (2%) at age fifty-five (55).
(c) The City's P.E.R.S. retirement pl an is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Military Service Credit for Retired Persons) effective upon adoption by Stockton City Council and Board Administration of the P.E.R.S.
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(d) The City will provide P.E.R.S. California Government Code section 20692 (Employer Paid Member Contributions Converted to Payrat e during the Final Compensation Period) as added P.E.R.S. benefits. At the beginning of the employee’s last year of employ ment, the employee will pay their employees’ employee’s seven percent (7%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same seven percent (7%) for the last tw elve (12) months of employment. Internal Revenue Service (IRS) Code 414H(2) will be concurrently implemented with P.E.R.S. California Government Code section 20692, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.
The City will provide P.E.R.S. California Government Code section 20965 (Credit for Unused Sick Leave) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.
The City will provide P.E.R.S. California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.
The City will provide PERS California Government Code section 21335 up to a five percent (5%) Annual Cost-of-Living Allowance, as added PERS benefit.
(e) Effective August 1, 2011, in consideration of (a) above, employees hired on or before December 28, 2012 shall pay seven percent (7%) of the employee’s current base salary and (employee cont ribution) and other compensation as qualified by state law towards the P ublic Employees’ Retirement System (P.E.R.S.) towards employer’s share of cost for P.E.R.S. pension on a post-tax basis in the form of a payroll deduction. The City will seek an IRS private letter ruling to determine whether or not the IRS permits the employee’s contribution to the employer’s share of pension cost to be treated on a pre-tax basis. If the IRS issues a private letter ruling allowing em ployee’s contribution towards employer pension cost on a pre-tax basis, the City will change th e deduction from post-tax to pre-tax as soon as administratively possible after the IRS final determination.
13.2 Public Employee Retirement System Benef its for Unit Employees hired on or after December 29, 2012.
(a) The City amended its contra ct with P.E.R.S. effective December 28, 2012 to provide a new second tier retirement program of two percent ( 2%) at sixty ( 60) with three (3) year average salary formula and no other additional P.E.R.S. benefits for all unit empl oyees hired on or after
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December 29, 2012.
(b) Employees hired on or after Decem ber 29, 2012 shall pay the entire seven percent (7%) of t he employee’s current base salary (as the employee contribution) and any other compens ation as qualified by state law towards P.E.R.S. retirement benefit through a payroll deduction.
13.3 PERS Benefits for Employees hired on or after January 1, 2013 December 29, 2012
(a) Employees with Reciprocity:
Employees hired on or after December 29, 2012, who had se rvice under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of two percent (2%) at sixty ( 60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employee’s shall pay the entire seven percent (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualifi ed by state law towards P.E.R.S. retirement benefit through a payroll deduction.
(b) Employees without Reciprocity:
Employees hired on or after January 1, 2013, shall be subject to the PERS AB340 pension formula of two percent ( 2%) at sixty-two (62) with no optional pension enhancements and the other provisions of t he retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City’s normal cost rate for the two percent (2%) at sixty-two (62) as determined by CalPERS.
13.4 Uniforms
(a) The City shall provide uniforms for a ll employees assigned to this unit who are required to wear uniforms during the course of work.
(b) Safety Protective Footw ear Reimbursement Allowance. Effective July 1, 2024, for Eemployees required to wear safety protective footwear in accordance with the City Manager’s Administrative Directive HR-34, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of TWO HUNDRED DOLLARStTwo - hundred and fifty dollars ($25000.00) as needed and approved by the employee’s supervisor and department head. Employees shall be allowed to use any unused
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funds towards the purchase of insoles and socks.
13.5 Preventive Shots
Those Ee mployees in the Munici pal Utilities Department (MUD) whose work assignments involve potential exposure to hazardous waste water shall, at the employee's option, be provi ded all necessary medical immunization available for the prevention of job incurred illness.
13.6 Special Driver's License Pay
Job classifications requiring a Class A and/or Class B Driver's License or Hazmat endorsement will receive special pay equal to one and one-half percent (1-1/2%) of top step of job classification.
Special Driver's License Pay will only be implemen ted with the concurrent implementation of the Oper ating Engineers' Local No. 3 - City of Stockton, Drug/Alcohol Safety Program.
13.7 Longevity Pay
Effective August 1, 2011, longevity pay shall be eliminated. However, the City shall grandfather only thos e employees who complete twelve (12) continuous years of service with the City as of July 1, 2012, with two and one-half percent (2.5%) of top salary step of the empl oyee’s pay range to the employee as a longevity incentive pay allowance. As of July 1, 2012, longevity incentive pay allowance for these grandfathered employ ees shall be reduced to one and one- half percent (1.5%).
13.8 Credit Union
The City will accommodate payroll deduction s to Operating Engineers' Local No. 3 Credit Union, within the limitations of City payroll system. Any modification costs will be borne by Operating Engineers' Local No. 3.
13.9 Education, Training and Development.
The City will provide internal and external training programs on a wide variety of subjects. Employee participation will be based on subject matter relevance to job requirements, budgetary constraints and workload demands. Any Training programs that employees are directed or authorized to participate by their
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department will be fully paid for by theat department. Costs paid by the City include tuition, registration fees, related materials, and mileage/meal reimbursement if the training is not located on City premises.
13.10 Certification, Certification Training and Special Certifications
(a) Certification dues or fees required of employees in their specialized fields of work will be reimbursed by the City at the actual costs. Pre-approved training(s) to maintain a job job- related certificati on will be paid at one hundred percent (100%) percent by the City. The City will pay for two (2) attempts at passing the test. The City will reimburse employees for the costs of obtaining and maintaining certifications that are requi red pursuant to their job s pecification/job description.
Reimbursement for the cost of obtai ning and maintaining memberships and certifications that are ident ified as “desired” in a job description/specification, or are not identified at all, is at the discretion of the department head.
(b) The City will offer a one timeone-time add pay off the salary line for employees who receive State certific ation for Water, Wastewater, Water Distribution, or CWEA. All employees are eligible to obtain certification in Water and Wastewater.
Water,
Wastewater
Water Distribution CWEA One Time
Add Pay
5 4 and 5 4 $1,000.00
4 3 3
$500.00750.00
3 2 2
$125.00200.00
2 1 1
$100.00150.00
1 $75.00100.00
A maximum of two (2) certification levels will be paid by the City in a calendar year to any one (1) employee. Certifications (at State specific levels) will be required for some positions. Loss of certifications shall resu lt in the employee being demoted to the level according to their certification level. The employee will be moved back to his or hertheir former level if he or shethey obtained the necessary certification within twelve (12) months. Any employee who loses or is denied a certification shall notify his or hertheir supervisor within seven (7) calendar days, and shall submit a copy of any notice received from the state or any other agency.
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(c) Add on pays will be issued to employees with the following special certifications up to a maximum of eight (8) Crane Operators:
Crane $ 0.301.75
Backflow $ 0.751.00
(d) An employee assigned to the wastewater , water treatment, water production and water distribution function in the operator series who receives and maintains a level 4 or 5 Wastewater , water treatment, water production and water distribution Operator Certificat ion will receive the following quarterly amounts added to his or hertheir monthly paychecks for each wastewater grade level certification above a grade 3 certification that exceeds the certification level required for the position held. Any employee receiving su ch certification pay will perform duties authorized by such certific ation level as required when necessary due to operational needs.
One level above
required certification
level
$1,000.00
Two levels above
required certification
level
$2,000.00
As of June 30, 2014, any curr ent employee who is receivin g this certification pay who does not meet the r equirement of being within t he operator series of classifications shall be grandfathered in to continue receiving such add pay as long as other requirements are met as described above. Effective July 1, 2014, no additional employees shall receive this certification pay unless all requirements above are met. In addition, any current empl oyees who are receiving this certification pay based upon a certification level which is required for the position held shall have this certification pay reduced accordingly.
(e) Employees who are employed in the classification of Water/Sewer Equipment Operator and possess a Grade D1 Distribut ion Operator Certificate issued by the California Department of Health Services shall receive an additional three percent (3%) of base pay.
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Section 14. Insurance Plans and Retirement Benefits
14.0 Reopener Clause for Health Insurance
(a) The Association Union agrees at the City’s request, to meet and confer on any changes that are within t he mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).
(b) The City agrees at the request of the Operations and MaintenanceO&M Unit to meet and confer regarding employer benefits and premium contributions should medical/dental/vision insurance premiums for employee-only, employee plus one (1) dependent or employee plus family increase by more than four percent (4%) in any one (1) plan year.
14.1 Health and Welfare Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental and vision s plans or Operating Engineer Health and Welfare Trust Fund Plan ( PPOAnthem Plans A, B, C, and D, and Kaiser HMO Plans A, and B, and A+ ). The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for Medical, Dental and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a Cit y offered medical plan either as a subscriber in a City offered medical pl an or, as the dependent spouse/registered domestic partner or another eligib le City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or her dependent cannot be covered by more than one City-offered health plan).
(c) City Contribution towards the cost of insurance programs.
1) Effective MayJanuary 1, 20240 the city will contribute, City shall contribute the following:
The City shall contribute up to $ 657711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
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The City shall contribute up to $1,192290.00 per month toward the cost of the monthly prem ium for employee plus one (1) dependent medical/dental/vision plan coverage.
The City shall contribute up to $1, 588719.00 per month toward the cost of the monthly premiu m for employee plus two (2) or more dependents medical/dental/vision plan coverage.
Any retroactive portion of these in creases shall be processed and paid as soon as administratively possible following adoption of this agreement by the City Council.
2) Effective July 1, 20202024, City shall contribute the following:
2)
Up to $ 670725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1, 216316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1, 620753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
3) Effective July 1, 20212025, City shall contribute the following:
Up to $ 683740.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1, 240342.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1, 652788.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
4) Effective July 1, 2022, City shall contribute the following: a
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Up to $697.00 per month towa rd the cost of the monthl y premium for employee-only medical/dental/vision plan coverage.
Up to $1,265.00 per month to ward the cost of the monthl y premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1,685.00 per month to ward the cost of the monthl y premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
These contributions are based on full- time employment; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City’s monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/visions/dental to be pre-tax premium conversion.
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document. (d)
(e) Employees that promote, demote, or transfer from a classification in the Operations and MaintenanceO&M unit to an unrepresented classification shall continue to have the option to retain the Operating Engineers' Local No. 3 Health and Welfare Plan.
(f) Payment of cost s for City administrative over head for Operating Engineers sponsored Plans.
The City costs to administer the health plans offered to employees and retirees are incorporated into the monthly rates for City Sponsored medical, dental and vision insurance paid by the City and the plan participants. Effective July 1, 2014, the City will add to the monthly plan costs for t he Operating Engineer Plans offered to employees those City administrative over head costs associated with these plans in addition to the City sponsored plans. Only costs associated with the OE3 plans will be charged to those plans and will be updated each plan year.
14.2 Long Term Disability Insurance
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The City shall provide, at no cost to t he employee, long term disability insurance coverage. Plan benefits shall be as described in the Plan document, but shall include:
(a) Each disability – sixty-six and two thirds percent (66 2/3%) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.
(b) Disability income payments shall co mmence after a ninety (90) day waiting period and exhaustion of sick leave accruals. .
(c) Benefit payable until age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) day waiting period.
14.3 State Disability Insurance (SDI)
At the Union’s option, pursuant to procedures established by the state, members may elect to receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
14.4 Life Insurance
Effective July 1, 2012, Tthe City shall provide, at no cost to the employee, a term life and an accidental death and dismemberment insurance policy with a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional volunt ary life insurance through t heir union or through the City’s IRS125 vendor.
14.5 Long-Term Care
Employees can purchase optional long term care coverage from PERS to cover home care and nursing home care. The premiums rates are established by PERS based on the age of the participant.
14.6 Health Reimbursement Account (– HRA)
The City will contribute an amount equal to five and one half percent (5.5%) of the employee’s current base salary that wa s previously contributed to deferred compensation and redirect that same c ontribution into an IRS qualified HRA for
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each employee to use for reimbursement of current and retiree medical cost reimbursements.
Section 15. Salaries
15.1 15.1 Salary Rates
a) (a) Effective MayJanuary 1, 20240, employees will receive an eight two percent (82%) Ccost of Lliving Aadjustment (COLA) to base pay. Any retroactive portion of this increase will be processed and paid as soon as administratively possible following adoption of this agreement by the City Council.
b) (b) Effective July 1, 20240, employees will receive a zero percent (02%) COLA to base pay.
(c) Effective July 1, 20251, employees will receive a three percent (32%) COLA to base pay.
c)
Effective July 1, 2022, employees will receive a 2% COLA to base pay(d) .
The 2022 Total Compensation survey prepared by Bryce Consulting made specific recommendations for internal relationships between classifiactions in the O&M Unit and employees in the same job fa mily. In the even t these internal relationships change, the parties will consider how to address compaction between those classifications.
(e) Upon request of the O&M, but no later than Septem ber 1, 2024, the parties agree to discuss (1) Salary Survey Ju risdictions and (2) Salary Survey Elements to be utilized by both parties during the next round of negotiations for the successor MOU. The parties endeavor to complete this process by the start of the next round of MOU negotiations. In the event parties do not reach a consensus on the jurisdictions and elem ents, the parties would be able to
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perform their own surveys during the next round of MOU negotiations.
(f) Lump Sum Payment
a. Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand dolla r ($2,000.00) lump sum non- pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
b. Each employee who is employed in the bargaining unit as of July 1, 2025 will receive a two thousand dolla r ($2,000.00) lump sum non- pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
d) The classifications listed in Appendix A will receive market salary adjustments throughout the term of this contract, according to the updated salary schedules listed in Appendix A.
The rates of pay set forth in Appendix "A" do not include reimbursement for actual and necessary expenses for traveling, subsistence and general expenses authorized and incurred incident to City employment.
15.2 Salary upon Appointment
Except as herein otherwise provided, t he entrance salary for a new employee entering the classified service shall be t he minimum salary for the class to which appointed. When circumstances warrant, the Director of Human Resources may approve an entrance salary which is more than the minimum salary for the class to which an employee is appointed. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.
15.3 Salary Equivalents
Any monthly, daily or hourly rate of pay may be converted into an equivalent rate of pay, or to any other time bases when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates. Overtime rate and premium pay shall be calculated according to the provisions of the Fair Labor Standards Act.FLSA.
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15.4 Salary Step Plan
(a) There shall be five (5) to seven (7) salary steps in each range.
The first step shall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the Director of Human Resources may authorize appointment above the first step after receiving the recommendation of the depar tment head. The same provision shall apply to hourly paid and part-time employees.)
If a department head recommends to withholdwithholding increases to salary steps two (2) through seven (7) because an employee has not achieved the level of performance required, notice must be receiv ed by the City Manager at least four (4) weeks in advance of the employee's el igibility date. The affected employee shall be furnished a copy of the departm ent head's recommendation. Failure to abide by the above four-week limitation s hall not automatically cause a step increase to be granted; however, if an em ployee does not receive notice by the actual anniversary date, the increase shall be automatically granted.
The second step shall be paid upon the satisf actory completion of six (6) months service at the first step.
The third step shall be paid upon the satisfactory completion of one (1) year service at the second step.
The fourth step shall be paid upon the sa tisfactory completion of one (1) year service at the third step.
The fifth step shall be paid upon the satisfactory completion of one (1) year service at the fourth step and upon written recommendation of the department head.
The sixth step shall be paid upon the satisfactory completion of one (1) year service at the fifth step and upon written recommendation of the department head.
The seventh step shall be paid upon the sa tisfactory completion of one (1) year service at the sixth step and upon written recommendation of the department head.
Regardless of an employee's length of service, step advancements in any given class may be made upon recommendation of the department head with the approval of the Director of Human Resources, but not above Step No. 7 for a given
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range.
Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.
Changes in an employee's salary because of promotion, demotion, postponement of salary step increase or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.
Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.
(b) Salary Step Entry-Level Classificat ions. The City Manager may create a ten percent (10%) salary step reducti on to any entry-level classification represented by this bargaining unit. The next and all subsequent salary steps shall be paid upon the satisfactory completion of one (1) year service at current salary step.
15.5 Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range of their classification for the period they were in the military service.
15.6 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the re vised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided for by the Director of Human Resources.
15.7 Salary Step After Promotion or Demotion
(a) When an employee is prom oted from a position in one class to a position in a higher class, and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the salary scale of the higher class which is "approximately"at least five percent (5%) above the employee's curr ent base salary, except that the next step shall not exceed the maximum salary of the higher class. Add pays are not
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included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.
(b) When an employee is dem oted, whether such demotion is voluntary or otherwise, that employee' s compensation shall be adjusted to the salary prescribed for the class to which demoted.
(1) If the salary of the employee is reduced for cause or disciplinary reasons, the employee shall receive the salary at the same step prior to promotion.
(2) If the salary of the employ ee is reduced through no fault of the employee (i.e., layoff), the salary at demotion shall be at the nearest lower salary to that which was received prior to the demotion.
15.8 Transfer
An employee may be transferred from a cl ass in one department, or to a position of the same class in anot her department, or to a co mparable class, with the approval of both the empl oyee and Department Heads. In the case of a comparable class, the employee must be qualified, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question must be equal to or less than the employee’s current top step salary, and shall consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful comple tion of pertinent tests, that he/shethey isare qualified for the transfer. If the transfer involves a change from the jurisdiction of one appointing authority to another, both must consent thereto.
15.9 Salary on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, the employee's salary shall not be higher than the salary at the time of separation unless there has been an increase within the salary range.
If a former employee is reinstated to a pos ition in a lower class, the employee's salary shall be set at the same step previously held, but in the pay range of the lower classification.
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15.10 "Y" Rate
When an employee's classification is changed to a lower paid classification as the result of a classification study or other action, t he employee may be placed on a "Y" rate. A "Y" rate means that the m onthly compensation for the employee shall remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.
15.11 Acting Pay
(a) General Provisions. Any employee in this unit who is assigned by a supervisor to work in a higher paid classification for two (2) or more hours in one (1) day, shall receive the rate of pay in the step of the higher classification which would have been received if the employee had been pr omoted into that classification, or at least five percent (5%) more than the employee's salary in the present classification, whichever is gr eater. Out-of-class assignment pay during overtime status will commence at the first hour worked.
(b) When there is an existing promoti onal eligibility list, and acting pay assignment is expected to be for more than twenty (20) work days, acting pay shall be assigned from the top three (3) on the promot ional eligibility list. If the assignment is for twenty (20) work days or less, the highest ranking employee on the promotional list within the division shall be assigned. When there is no eligible list, section (c) below shall apply.
(c) If there is no existing list, acting pa y selection shall be made from the five (5) most qualified employees in the section.
(1) Sections are defined, for the purpose of this clause only, as the sub-groups listed:(a) Water, (b) Sewer, (c) Wastewater Operations, and (d) Wastewater Maintenance; and
(2) Qualifications fo r the purpose of this sSection, as determined by the department head or designee, shall include all the following equal factors:
(a) Seniority in grade within any class immediately below the vacant position.
(b) Worker experience relative to the vacant position.
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(c) Prior job perfo rmance and attendance.
(d) Certificates or other fo rmal qualification devices such as eligibility lists.
If all things are equal based on above factors, the seniority within the City shall be considered.
(3) The opportunity for acting Pay shall be rotated among the five (5) most qualified employees within each section.
(d) Assignments from other than a promotional eligibility list shall not exceed one-hundred and twenty (120) days per fiscal year per employee.
15.12 Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher level classification shall be paid the hourly or daily rate of the classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher level classification.
15.13 Special Assignment Pay
The City Manager may approve additional co mpensation in an amount not to exceed one additional salary step when an employee is assigned in writing by the supervisor to perform additional duties and re sponsibilities for the duration of the special assignment.
Any Senior Plant Operator who is assigned in writing by an appropriate authority to assume supervisory authority over another Senior Plant Operator shall receive an additional five percent (5%) special assignment pay per shift when so assigned.
15.14 Special Cert ification Pay
In exchange of eliminating the Special Certification Pay, the 3% will be converted into the base salary for the Water Systems Operator and the Senior Water
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Systems Operator, effective upon the firt pay period following approval of the MOU by City Council on its regular ageda in accordance with the Ralph M. Brown Act.
15.145 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.156 One Time Payment
Effective May 1, 2024, tT he City will make a one-time payment in the amount of five thousand-hundred dollars ($5 ,000.00), subject to applic able withholdings, to Operations and Maintenance unit member s employed by the City upon adoption of this agreement by City Council. Payment will be processed and paid as soon as administratively possible following adoption of this agreement by the City Council.
Section 16. Severability of Provisions
In the event that any provision of this Memorandum of UnderstandingMOU is declared by a court of competent jurisdiction to be ill egal or unenforceable t hat provision of the Memorandum of UnderstandingMOU shall be null and void but such nullification shall not affect any other provisions of this Memorandum of UnderstandingMOU, all of which other provisions shall remain in full force and effect.
In the event that Federal legislation changes the current applicability of the Fair Labor Standards ActFLSA, both parties agree to consult and/or confer on the impacts of such legislation to the extent required by law.
Section 17. Past Practices and Existing Memoranda of Understanding Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of UnderstandingMOU.
This Memorandum of UnderstandingMOU shall supersede all existing Memoranda of Understanding between the City and the Union.
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Section 18. Scope of Agreement
Except as otherwise specifically provided herein, this Memorandum of UnderstandingMOU including Appendices “A”, “B”, and “C” which are attached to this Agreement and by this reference incorp orated herein, and fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring.
Neither party shall, during the term of this Memorandum of UnderstandingMOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of UnderstandingMOU by mutual agreement.
Section 19. Duration of Agreement
This Memorandum of UnderstandingMOU shall be effective the date of execution through June 30, 20232026.
Section 20. Maintenance of Operations/City Rights
(a) It is recognized that the need for c ontinued and uninterrupted operation of City services is of paramount im portance. Therefore, the Union and each em ployee repre- sented thereby agrees that from the date of execution, through exhaustion of the impasse process/mediation/fact finding as set fo rth in the Employer/Employee Relations Resolution Section 12 (g) the Union or any person acting in its behalf, or each employee in a classification represented by the Un ion, shall not caus e, authorize, engage in, encourage, or sanction a work stoppage, slowdown , refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing , against the City or the indivi dual or concerted failure to report for duty or abstinence from the fu ll and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subs ection (a) of this Section. The City may take other action which it deems appropriate.
(c) If the City Council, by majority vote, dete rmines to its satisfaction, that subsection (a) of this Section has been violated by the Union, the City may take such remedial action
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as it deems appropriate.
(d) The Union recognizes the duty and obligat ion of its representatives and members to comply with the provisions of this Memorandum of U nderstanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.
In the event of any activity prohibited by subsection (a) hereinabove, the Union agrees to take supererogatory steps necessary to assure compliance with this Memorandum of Understanding.MOU.
Section 21. GPS Policy, Rest Periods, New Standby ListGPS Devices in City Vehicles
The City retains the right to move forwar d with its RFP process and install Global Positioning Systems (GPS) in City vehicles used by employees in this unit. The Association agrees to meet and confer with respect to the City’s proposed GPS policy.The parties agree to hold Meet and Confer meetings to discuss the Global Positioning System (GPS) Policy, Rest Periods, and a new Sta ndby List proposed by the O&M unit during negotiations. The parties will hold separate meetings and must mutually agree before any changes may be implemented.
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IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on _________________, and by an affirmative vote of the Stockton City Council on _____________ _. The parties hereto have executed this Memorandum of Understanding this _________day of ______________.
OPERATIONS AND MAINTENANCE UNIT
Approved as to form:
CITY OF STOCKTON
Operating Engineers’ Local No. 3
By: _______________________
MICHAEL EGGENERDEANDA
Business Representative
APPROVED AS TO FORM:
By: ______________________________
HARRY BLACK
City Manager
By: ______________________________
ROBERT BONNERROSEMARY RIVAS
Director of Human Resources
By: ______________________________
BURKE DUNPHYCHARLES SAKAI
Negotiator for the City
Approved as to form:
John LuebberkeLori Asuncion, City Attorney
By: _______________________
MARCI ARREDONDOTARYN JONES
Deputy City Attorney
ATTEST:
CITY CLERK
______________________________
ELIZA GARZA
Cit
y Clerk
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Appendix A – Market Adjustments
For an up-to-date Salary Schedule, please check the Human Resources Website.
Year 1‐ eff. 1/1/20 (note that any retroactive portion of this increase shall be processed and paid as soon as administratively possible following adoption of this agreement by the City Council); Year 2‐ eff. 7/1/20; Year 3‐ eff. 7/1/21; Year 4‐ eff. 7/1/22 Steps
1 2 3 4 5 6 7 8
Chemist
4,656.73
4,890.27
5,134.62
5,390.86
5,660.08
‐
‐
‐
COLA year 1 (2%)
93.13 97.81
102.69
107.82
113.20
‐
‐
‐
MA year 1 (2.44%)
113.62
119.32
125.28
131.54
138.11
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
4,863.49
5,107.40
5,362.60
5,630.21
5,911.39
‐
‐
‐
COLA year 2 (2%)
97.27 102.15
107.25
112.60
118.23
‐
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
4,960.76
5,209.55
5,469.85
5,742.82
6,029.62
‐
‐
‐
COLA year 3 (2%)
99.22 104.19
109.40
114.86
120.59
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,059.97
5,313.74
5,579.25
5,857.67
6,150.21
‐
‐
‐
COLA year 4 (2%)
101.20
106.27
111.58
117.15
123.00
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,161.17
5,420.01
5,690.83
5,974.83
6,273.21
‐
‐
‐
Collections Systems Operator (Entry
Level)
3,756.09
3,943.14
4,141.00
‐
‐
‐
COLA year 1 (2%)
75.12 78.86
82.82 ‐
‐
‐
‐
‐
MA year 1 (8%)
300.49
315.45
331.28
‐
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
4,131.70
4,337.45
4,555.10
‐
‐
‐
‐
‐
COLA year 2 (2%)
82.63 86.75
91.10 ‐
‐
‐
‐
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ATTACHMENT A
366
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TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 56
MA year 2 (1.62%)
60.85 63.88
67.08 ‐
‐
‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
4,275.18
4,488.08
4,713.29
‐
‐
‐
‐
‐
COLA year 3 (2%)
85.50 89.76
94.27 ‐
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
4,360.69
4,577.84
4,807.55
‐
‐
‐
‐
‐
COLA year 4 (2%)
87.21 91.56
96.15 ‐
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
4,447.90
4,669.40
4,903.70
‐
‐
‐
‐
‐
Collections Systems Operator (Journey
Level)
‐
‐
‐
4,347.51
4,564.83
4,792.96
‐
‐
COLA year 1 (2%)
‐
‐
‐
86.95 91.30
95.86 ‐
‐
MA year 1 (8%)
‐
‐
‐
347.80
365.19
383.44
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
‐
4,782.26
5,021.31
5,272.26
‐
‐
COLA year 2 (2%)
‐
‐
‐
95.65 100.43
105.45
‐
‐
MA year 2 (1.62%)
‐
‐
‐
70.43 73.95
77.65 ‐
‐
Year 2 ‐ With COLA and Market
Adjustment
‐
‐
‐
4,948.34
5,195.69
5,455.35
‐
‐
COLA year 3 (2%)
‐
‐
‐
98.97 103.91
109.11
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
‐
5,047.30
5,299.60
5,564.45
‐
‐
COLA year 4 (2%)
‐
‐
‐
100.95
105.99
111.29
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
‐
5,148.25
5,405.60
5,675.74
‐
‐
Electrical Technician (Entry Level)
4,487.81
4,718.46
‐
‐
‐
‐
‐
‐
COLA year 1 (2%)
89.76 94.37
‐
‐
‐
‐
‐
‐
MA year 1 (8%)
359.02
377.48
‐
‐
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
4,936.59
5,190.31
‐
‐
‐
‐
‐
‐
COLA year 2 (2%)
98.73 103.81
‐
‐
‐
‐
‐
‐
MA year 2 (7.91%)
354.99
373.23
‐
‐
‐
‐
‐
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ATTACHMENT A
367
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 57
Year 2 ‐ With COLA and Market
Adjustment
5,390.31
5,667.34
‐
‐
‐
‐
‐
‐
COLA year 3 (2%)
107.81
113.35
‐
‐
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,498.11
5,780.69
‐
‐
‐
‐
‐
‐
COLA year 4 (2%)
109.96
115.61
‐
‐
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,608.08
5,896.30
‐
‐
‐
‐
‐
‐
Electrical Technician (Journey Level)
‐
‐
4,960.99
5,216.02
‐
‐
‐
‐
COLA year 1 (2%)
‐
‐
99.22 104.32
‐
‐
‐
‐
MA year 1 (8%)
‐
‐
396.88
417.28
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
5,457.09
5,737.62
‐
‐
‐
‐
COLA year 2 (2%)
‐
‐
109.14
114.75
‐
‐
‐
‐
MA year 2 (7.91%)
‐
‐
392.41
412.59
‐
‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
‐
‐
5,958.65
6,264.96
‐
‐
‐
‐
COLA year 3 (2%)
‐
‐
119.17
125.30
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA and Market
Adjustment
‐
‐
6,077.82
6,390.26
‐
‐
‐
‐
COLA year 4 (2%)
‐
‐
121.56
127.81
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
6,199.37
6,518.07
‐
‐
‐
‐
Environmental Control Officer (Entry
Level)
4,724.23
4,960.62
‐
‐
‐
‐
‐
‐
COLA year 1 (2%)
94.48 99.21
‐
‐
‐
‐
‐
‐
MA year 1 (6.86%)
324.08
340.30
‐
‐
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,142.80
5,400.13
‐
‐
‐
‐
‐
‐
COLA year 2 (2%)
102.86
108.00
‐
‐
‐
‐
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
5,245.65
5,508.13
‐
‐
‐
‐
‐
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ATTACHMENT A
368
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 58
COLA year 3 (2%)
104.91
110.16
‐
‐
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,350.57
5,618.30
‐
‐
‐
‐
‐
‐
COLA year 4 (2%)
107.01
112.37
‐
‐
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,457.58
5,730.66
‐
‐
‐
‐
‐
‐
Environmental Control Officer
(Journey Level)
‐
‐
5,208.77
5,468.68
‐
‐
‐
‐
COLA year 1 (2%)
‐
‐
104.18
109.37
‐
‐
‐
‐
MA year 1 (6.86%)
‐
‐
357.32
375.15
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
5,670.27
5,953.21
‐
‐
‐
‐
COLA year 2 (2%)
‐
‐
113.41
119.06
‐
‐
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
‐
‐
5,783.67
6,072.27
‐
‐
‐
‐
COLA year 3 (2%)
‐
‐
115.67
121.45
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
5,899.35
6,193.71
‐
‐
‐
‐
COLA year 4 (2%)
‐
‐
117.99
123.87
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
6,017.33
6,317.59
‐
‐
‐
‐
Hydrant Worker
3,197.74
3,362.09
3,534.93
3,716.63
3,907.65
‐
‐
‐
COLA year 1 (2%)
63.95 67.24
70.70 74.33
78.15 ‐
‐
‐
MA year 1 (2.67%)
85.38 89.77
94.38 99.23
104.33
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
3,347.07
3,519.10
3,700.01
3,890.20
4,090.14
‐
‐
‐
COLA year 2 (2%)
66.94 70.38
74.00 77.80
81.80 ‐
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
3,414.02
3,589.48
3,774.01
3,968.00
4,171.94
‐
‐
‐
COLA year 3 (2%)
68.28 71.79
75.48 79.36
83.44 ‐
‐
‐
ATTACHMENT A
369
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 59
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
3,482.30
3,661.27
3,849.49
4,047.36
4,255.38
‐
‐
‐
COLA year 4 (2%)
69.65 73.23
76.99 80.95
85.11 ‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
3,551.94
3,734.50
3,926.48
4,128.31
4,340.49
‐
‐
‐
Microbiologist
5,003.79
5,254.73
5,517.29
5,792.64
6,081.92
‐
‐
‐
COLA year 1 (2%)
100.08
105.09
110.35
115.85
121.64
‐
‐
‐
MA year 1 (2.44%)
122.09
128.22
134.62
141.34
148.40
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,225.96
5,488.04
5,762.26
6,049.83
6,351.96
‐
‐
‐
COLA year 2 (2%)
104.52
109.76
115.25
121.00
127.04
‐
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
5,330.48
5,597.80
5,877.50
6,170.83
6,479.00
‐
‐
‐
COLA year 3 (2%)
106.61
111.96
117.55
123.42
129.58
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,437.09
5,709.76
5,995.05
6,294.25
6,608.58
‐
‐
‐
COLA year 4 (2%)
108.74
114.20
119.90
125.88
132.17
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,545.83
5,823.95
6,114.95
6,420.13
6,740.75
‐
‐
‐
Plant Maintenance Machinist
4,694.57
4,929.19
5,175.70
5,434.11
5,706.57
‐
‐
‐
COLA year 1 (2%)
93.89 98.58
103.51
108.68
114.13
‐
‐
‐
MA year 1 (8%)
375.57
394.34
414.06
434.73
456.53
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,164.03
5,422.11
5,693.27
5,977.52
6,277.23
‐
‐
‐
COLA year 2 (2%)
103.28
108.44
113.87
119.55
125.54
‐
‐
‐
MA year 2 (1.62%)
76.05 79.85
83.85 88.03
92.45 ‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
5,343.36
5,610.40
5,890.98
6,185.10
6,495.22
‐
‐
‐
COLA year 3 (2%)
106.87
112.21
117.82
123.70
129.90
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
ATTACHMENT A
370
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 60
Year 3 ‐ With COLA
5,450.23
5,722.61
6,008.80
6,308.81
6,625.12
‐
‐
‐
COLA year 4 (2%)
109.00
114.45
120.18
126.18
132.50
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,559.23
5,837.06
6,128.98
6,434.98
6,757.62
‐
‐
‐
Plant Maintenance Mechanic (Entry
Level)
4,808.18
5,048.88
‐
‐
‐
‐
‐
‐
COLA year 1 (2%)
96.16 100.98
‐
‐
‐
‐
‐
‐
MA year 1 (8%)
384.65
403.91
‐
‐
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,289.00
5,553.77
‐
‐
‐
‐
‐
‐
COLA year 2 (2%)
105.78
111.08
‐
‐
‐
‐
‐
‐
MA year 2 (1.62%)
77.89 81.79
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
5,472.67
5,746.64
‐
‐
‐
‐
‐
‐
COLA year 3 (2%)
109.45
114.93
‐
‐
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,582.12
5,861.57
‐
‐
‐
‐
‐
‐
COLA year 4 (2%)
111.64
117.23
‐
‐
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,693.77
5,978.80
‐
‐
‐
‐
‐
‐
Plant Maintenance Mechanic (Journey
Level)
‐
‐
5,301.21
5,566.32
‐
‐
‐
‐
COLA year 1 (2%)
‐
‐
106.02
111.33
‐
‐
‐
‐
MA year 1 (8%)
‐
‐
424.10
445.31
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
5,831.33
6,122.95
‐
‐
‐
‐
COLA year 2 (2%)
‐
‐
116.63
122.46
‐
‐
‐
‐
MA year 2 (1.62%)
‐
‐
85.88 90.17
‐
‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
‐
‐
6,033.84
6,335.59
‐
‐
‐
‐
COLA year 3 (2%)
‐
‐
120.68
126.71
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
6,154.51
6,462.30
‐
‐
‐
‐
ATTACHMENT A
371
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 61
COLA year 4 (2%)
‐
‐
123.09
129.25
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
6,277.60
6,591.54
‐
‐
‐
‐
Plant Operator (Entry Level)
4,501.84
4,726.20
4,962.70
‐
‐
‐
‐
‐
COLA year 1 (2%)
90.04 94.52
99.25 ‐
‐
‐
‐
‐
MA year 1 (1.28%)
57.62 60.50
63.52 ‐
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
4,649.50
4,881.22
5,125.48
‐
‐
‐
‐
‐
COLA year 2 (2%)
92.99 97.62
102.51
‐
‐
‐
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
4,742.49
4,978.84
5,227.99
‐
‐
‐
‐
‐
COLA year 3 (2%)
94.85 99.58
104.56
‐
‐
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
4,837.34
5,078.42
5,332.55
‐
‐
‐
‐
‐
COLA year 4 (2%)
96.75 101.57
106.65
‐
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
4,934.09
5,179.99
5,439.20
‐
‐
‐
‐
‐
Plant Operator (Journey Level)
‐
‐
‐
5,211.32
5,470.85
5,744.94
‐
‐
COLA year 1 (2%)
‐
‐
‐
104.23
109.42
114.90
‐
‐
MA year 1 (1.28%)
‐
‐
‐
66.70 70.03
73.54 ‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
‐
5,382.25
5,650.29
5,933.37
‐
‐
COLA year 2 (2%)
‐
‐
‐
107.65
113.01
118.67
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
‐
‐
‐
5,489.90
5,763.30
6,052.04
‐
‐
COLA year 3 (2%)
‐
‐
‐
109.80
115.27
121.04
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
‐
5,599.69
5,878.57
6,173.08
‐
‐
COLA year 4 (2%)
‐
‐
‐
111.99
117.57
123.46
‐
‐
ATTACHMENT A
372
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 62
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
‐
5,711.69
5,996.14
6,296.54
‐
‐
Plant Operator‐in‐training
3,519.51
3,700.41
3,890.62
4,090.60
4,300.85
‐
‐
‐
COLA year 1 (2%)
70.39 74.01
77.81 81.81
86.02 ‐
‐
‐
MA year 1 (8%)
281.56
296.03
311.25
327.25
344.07
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
3,871.46
4,070.45
4,279.68
4,499.66
4,730.94
‐
‐
‐
COLA year 2 (2%)
77.43 81.41
85.59 89.99
94.62 ‐
‐
‐
MA year 2 (8%)
281.56
296.03
311.25
327.25
344.07
‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
4,230.45
4,447.89
4,676.53
4,916.90
5,169.62
‐
‐
‐
COLA year 3 (2%)
84.61 88.96
93.53 98.34
103.39
‐
‐
‐
MA year 3 (8%)
281.56
296.03
311.25
327.25
344.07
‐
‐
‐
Year 3 ‐ With COLA and Market
Adjustment
4,596.62
4,832.88
5,081.31
5,342.49
5,617.08
‐
‐
‐
COLA year 4 (2%)
91.93 96.66
101.63
106.85
112.34
‐
‐
‐
MA year 4 (0.86%)
30.27 31.82
33.46 35.18
36.99 ‐
‐
‐
Year 4 ‐ With COLA and Market
Adjustment
4,718.82
4,961.36
5,216.39
5,484.52
5,766.41
‐
‐
‐
Senior Collections Systems Operator
‐
‐
‐
‐
‐
‐
5,032.99
5,283.82
COLA year 1 (2%)
‐
‐
‐
‐
‐
‐
100.66
105.68
MA year 1 (8%)
‐
‐
‐
‐
‐
‐
402.64
422.71
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
‐
‐
5,536.29
5,812.20
COLA year 2 (2%)
‐
‐
‐
‐
‐
‐
110.73
116.24
MA year 2 (1.62%)
‐
‐
‐
‐
‐
‐
81.53 85.60
Year 2 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
‐
‐
5,728.55
6,014.04
COLA year 3 (2%)
‐
‐
‐
‐
‐
‐
114.57
120.28
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
‐
‐
‐
‐
5,843.12
6,134.32
COLA year 4 (2%)
‐
‐
‐
‐
‐
‐
116.86
122.69
MA year 4 (0%)
ATTACHMENT A
373
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 63
‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐
Year 4 ‐ With COLA
‐
‐
‐
‐
‐
‐
5,959.98
6,257.01
Senior Electrical Technician
‐
‐
‐
‐
5,735.01
6,029.78
‐
‐
COLA year 1 (2%)
‐
‐
‐
‐
114.70
120.60
‐
‐
MA year 1 (8%)
‐
‐
‐
‐
458.80
482.38
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
6,308.51
6,632.76
‐
‐
COLA year 2 (2%)
‐
‐
‐
‐
126.17
132.66
‐
‐
MA year 2 (8%)
‐
‐
‐
‐
458.80
482.38
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
6,893.48
7,247.80
‐
‐
COLA year 3 (2%)
‐
‐
‐
‐
137.87
144.96
‐
‐
MA year 3 (1.12%)
‐
‐
‐
‐
64.23 67.53
‐
‐
Year 3 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
7,095.58
7,460.29
‐
‐
COLA year 4 (2%)
‐
‐
‐
‐
141.91
149.21
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
‐
‐
7,237.50
7,609.49
‐
‐
Senior Environmental Control Officer
‐
‐
‐
‐
5,741.52
6,028.48
‐
‐
COLA year 1 (2%)
‐
‐
‐
‐
114.83
120.57
‐
‐
MA year 1 (6.86%)
‐
‐
‐
‐
393.87
413.55
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
6,250.22
6,562.60
‐
‐
COLA year 2 (2%)
‐
‐
‐
‐
125.00
131.25
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
‐
‐
‐
‐
6,375.22
6,693.86
‐
‐
COLA year 3 (2%)
‐
‐
‐
‐
127.50
133.88
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
‐
‐
6,502.73
6,827.73
‐
‐
COLA year 4 (2%)
‐
‐
‐
‐
130.05
136.55
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
ATTACHMENT A
374
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 64
‐ ‐ ‐ ‐ 6,632.78 6,964.29 ‐ ‐
Senior Plant Maintenance Mechanic
‐
‐
‐
‐
6,515.81
6,842.50
‐
‐
COLA year 1 (2%)
‐
‐
‐
‐
130.32
136.85
‐
‐
MA year 1 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 1 ‐ With COLA
‐
‐
‐
‐
6,646.13
6,979.35
‐
‐
COLA year 2 (2%)
‐
‐
‐
‐
132.92
139.59
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
‐
‐
‐
‐
6,779.05
7,118.94
‐
‐
COLA year 3 (2%)
‐
‐
‐
‐
135.58
142.38
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
‐
‐
6,914.63
7,261.32
‐
‐
COLA year 4 (2%)
‐
‐
‐
‐
138.29
145.23
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
‐
‐
7,052.92
7,406.54
‐
‐
Senior Plant Operator
5,377.89
5,646.03
5,945.52
6,260.15
6,592.08
‐
‐
‐
COLA year 1 (2%)
107.56
112.92
118.91
125.20
131.84
‐
‐
‐
MA year 1 (2.62%)
140.90
147.93
155.77
164.02
172.71
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,626.35
5,906.88
6,220.20
6,549.37
6,896.63
‐
‐
‐
COLA year 2 (2%)
112.53
118.14
124.40
130.99
137.93
‐
‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
5,738.88
6,025.01
6,344.61
6,680.36
7,034.57
‐
‐
‐
COLA year 3 (2%)
114.78
120.50
126.89
133.61
140.69
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,853.65
6,145.51
6,471.50
6,813.96
7,175.26
‐
‐
‐
COLA year 4 (2%)
117.07
122.91
129.43
136.28
143.51
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,970.73
6,268.42
6,600.93
6,950.24
7,318.76
‐
‐
‐
ATTACHMENT A
375
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 65
Senior Water Systems Operator
‐
‐
‐
‐
‐
‐
5,303.63
5,567.95
COLA year 1 (2%)
‐
‐
‐
‐
‐
‐
106.07
111.36
MA year 1 (8%) + 3% Special Cert Pay
conversion
‐
‐
‐
‐
‐
‐
583.40
612.47
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
‐
‐
5,993.10
6,291.78
COLA year 2 (2%)
‐
‐
‐
‐
‐
‐
119.86
125.84
MA year 2 (5%)
‐
‐
‐
‐
‐
‐
265.18
278.40
Year 2 ‐ With COLA and Market
Adjustment
‐
‐
‐
‐
‐
‐
6,378.15
6,696.02
COLA year 3 (2%)
‐
‐
‐
‐
‐
‐
127.56
133.92
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
‐
‐
‐
‐
‐
‐
6,505.71
6,829.94
COLA year 4 (2%)
‐
‐
‐
‐
‐
‐
130.11
136.60
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
‐
‐
‐
‐
6,635.82
6,966.54
Water Systems Operator (Entry Level)
3,777.35
3,965.46
4,164.44
‐
‐
‐
‐
‐
COLA year 1 (2%)
75.55 79.31
83.29 ‐
‐
‐
‐
‐
MA year 1 (8%) + 3% Special Cert Pay
conversion
415.51
436.20
458.09
‐
‐
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
4,268.41
4,480.97
4,705.82
‐
‐
‐
‐
‐
COLA year 2 (2%)
85.37 89.62
94.12 ‐
‐
‐
‐
‐
MA year 2 (8%)
302.19
317.24
333.16
‐
‐
‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
4,655.96
4,887.83
5,133.09
‐
‐
‐
‐
‐
COLA year 3 (2%)
93.12 97.76
102.66
‐
‐
‐
‐
‐
MA year 3 (0.74%)
27.95 29.34
30.82 ‐
‐
‐
‐
‐
Year 3 ‐ With COLA and Market
Adjustment
4,777.03
5,014.93
5,266.57
‐
‐
‐
‐
‐
COLA year 4 (2%)
95.54 100.30
105.33
‐
‐
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
4,872.57
5,115.23
5,371.90
‐
‐
‐
‐
‐
Water Systems Operator (Journey
Level)
‐
‐
‐
4,372.11
4,590.67
4,820.09
‐
‐
ATTACHMENT A
376
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 66
COLA year 1 (2%)
‐
‐
‐
87.44 91.81
96.40 ‐
‐
MA year 1 (8%) + 3% Special Cert Pay
conversion
‐
‐
‐
480.93
504.97
530.21
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
‐
‐
‐
4,940.48
5,187.46
5,446.70
‐
‐
COLA year 2 (2%)
‐
‐
‐
98.81 103.75
108.93
‐
‐
MA year 2 (8%)
‐
‐
‐
349.77
367.25
385.61
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
‐
‐
‐
5,389.06
5,658.46
5,941.24
‐
‐
COLA year 3 (2%)
‐
‐
‐
107.78
113.17
118.82
‐
‐
MA year 3 (0.74%)
‐
‐
‐
32.35 33.97
35.67 ‐
‐
Year 3 ‐ With COLA and Market
Adjustment
‐
‐
‐
5,529.20
5,805.60
6,095.74
‐
‐
COLA year 4 (2%)
‐
‐
‐
110.58
116.11
121.91
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
‐
‐
‐
5,639.78
5,921.71
6,217.65
‐
‐
Water/Sewer Equipment Operator
4,139.26
4,345.46
4,563.60
4,791.51
5,030.27
‐
‐
‐
COLA year 1 (2%)
82.79 86.91
91.27 95.83
100.61
‐
‐
‐
MA year 1 (8%)
331.14
347.64
365.09
383.32
402.42
‐
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
4,553.19
4,780.01
5,019.96
5,270.66
5,533.30
‐
‐
‐
COLA year 2 (2%)
91.06 95.60
100.40
105.41
110.67
‐
‐
‐
MA year 2 (1.67%)
69.13 72.57
76.21 80.02
84.01 ‐
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
4,713.38
4,948.18
5,196.57
5,456.09
5,727.97
‐
‐
‐
COLA year 3 (2%)
94.27 98.96
103.93
109.12
114.56
‐
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
4,807.64
5,047.14
5,300.50
5,565.21
5,842.53
‐
‐
‐
COLA year 4 (2%)
96.15 100.94
106.01
111.30
116.85
‐
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
4,903.80
5,148.08
5,406.51
5,676.52
5,959.38
‐
‐
‐
ATTACHMENT A
377
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 67
Appendix B. Side-Letter of Agreement
Exhibit A & B Employees
Provisions in this APPENDIX B Side Letter of Agreement pertain only to Employees identified in Exhibit A . However, nothing contained herein prohibi ts the parties from mutually agreeing to changes, but neither party can be com pelled to negotiate and/or agree to any changes to this Appendix B, Side-Letter of Agreement.
Section 1 – Re-employment and Employment
The City shall provide regular full-time employment at the City’s municipal wastewater utility and water utility to all of the employees listed in Agreement electing to accept such employment effective March 1, 2008.
Section 2 – Terms and Conditions of Re-employment and Employment
(a) City’s offer of employment and re-emplo yment shall be unconditional, and shall not be subject to other health, competency or other test, fact, or circumstances relating to an individual employee.
(b) All service with OMI/Thames Water will be counted as service with the City.
(c) Waste Water Certification – Employees outside of the Waste Water Division who hold Waste Water II or higher certific ation and are available for short-term assignment to the waste water facility will receive an additional five percent (5%) of the top step, which sha ll be PERS reportable earnings. Certification must be kept current. Employees who decline s hort-term assignments to the waste water facility subject to department guidelines will lose this additional pay.
Section 3 – Supplemental Retirement Contribution and Benefit
The City shall contribute an amount necessary to fund a supplemental retirement benefit for Exhibit A employees. The supplemental retirement benefit shall be developed and administered by the Public Agency Retirement Services (“PARS”) benefit and shall be based on the following criteria:
(a) Only employees listed in Exhibit A shall be eligible to participate;
(b) Commencing March 1, 2008, employees mu st complete at least one (1) year of continuous City of Stockton service to be eligible for the PARS benefit;
ATTACHMENT A
378
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 68
(c) The PARS benefit shall be paid only to those employees listed in Exhibit A who retire from the City in accordance with ru les and criteria established pursuant to PERS and the MOU in effect between the City and the OE3;
(d) The benefit level paid to each eligible employee shall be based on their retirement category as identified in Exhibit A based on the following formula:
(1) Categories 1, 2 and 3: All actual years of serv ice (prior City of Stockton only, OMI and City of Sto ckton years of service as of March 1, 2008 prospectively) x 0.6%.
(2) Category 4: Actual years of service with OMI x 2.0%; actual years of service with City of Stockton as of March 1, 2008 prospectively x 0.6%.
Benefits shall accrue and be paid in accor dance with the PARS plan document adopted by City Council.
Section 4 – Compensation and Benefits – Exhibit B Employees Only
Employees identified in Exhibit B shall re ceive fully paid employee City Health Plan (Medical, Vision, and Dental) or the option of the fully paid OE3 Medical Plan Schedule A through June 30, 2013. Effective June 30, 2013, employees identified in Exhibit B shall receive the same city contribution towards cost of insurance programs as stated in MOU section 14.1(c).
ATTACHMENT A
379
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 69
Appendix B – Exhibit A Employees
ATTACHMENT A
380
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 70
Appendix B – Exhibit A Employees
ATTACHMENT A
381
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 71
Appendix B – Exhibit A Employees
ATTACHMENT A
382
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 72
Appendix B – Exhibit B Employees
ATTACHMENT A
383
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 73
Appendix B – Exhibit B Employees
ATTACHMENT A
384
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 74
Appendix C. Side Letter of Agreement
Longevity Incentive
1. The provisions of this APPENDIX C Side Letter of Agreement only to Employees identified in the corresponding attachment marked as APPENDIX C and cannot be amended, changed, or deleted unilaterally by either party. However, nothing contained herein prohibits the parties from mutually agreeing to changes, but neither party can be compelled to negotiate and/or agree to any changes to this Side Letter of Agreement.
2. Effective March 1, 2008, employees identified in APPENDIX C shall be entitled to receive the amounts noted for each year of service up to a maximum of 5 years. The total amounts shown are intended to be paid on a monthly basis by the date shown (e.g., for amounts totaling $15,000, $1,250.00 shall be paid monthly, so the total amount noted shall have been paid out by 3/1/2009).
3. Employees listed in APPENDIX C shall be entitled only to the amount earned (in paid status) for that month. If an employee terminates employment or is in an unpaid status for a period less than one month, the amount noted shall be prorated for the days in paid status, including paid sick and annual leave. Employees shall not be entitled to payment not earned (unpaid leaves of absences, termination).
4. The amounts noted herein shall not be subject to cost-of-living increases, promotions or other increases to base pay that said employees may earn during the term of this Agreement. Employees who sever their employment relationship with the City and are subsequently reinstated or re-employed, shall not be eligible for any payment herein upon reinstatement or re-employment, except as may be awarded by a court of law or arbitrator.
5. The Longevity Incentive shall be reported to PERS as “PERSable” income by the City.
ATTACHMENT A
385
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 75
Appendix C Longevity Incentive, Maximum Annual Payments
ATTACHMENT A
386
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 201923 - JUNE 30, 202326
CITY OF STOCKTON 76
Appendix C Longevity Incentive, Maximum Annual Payments
ATTACHMENT A
387
CITY OF STOCKTON
MEMORANDUM OF UNDERSTANDING
TRADES AND MAINTENANCE UNIT
Operating Engineers' Local 3, AFL-CIO and representatives of the City of Stockton have met and conferred in good faith r
egarding wages, hours and other terms and conditions
of employment of employees in t he representation unit identified in sSection 1, have exchanged freely information, opinions an d proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers- Milias-Brown Act (Government Code sections 3500-3510) and has been jointly prepared by the parties.
This Memorandum of UnderstandingMOU shall be presented to the Stockton City Council as the joint recommendations of the undersi gned for salary and benefit adjustments for the period commencing July 1, 202319 and ending June 30, 202623.
ATTACHMENT B
388
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 202319 – JUNE 30, 202623
CITY OF STOCKTON i
TABLE OF CONTENTS
Section 1. Recognition ................................................................................................................. 1 Section 2. Union Rights ............................................................................................................... 1 Section 3. Compliance with Federal Laws/Safety ........................................................................ 5 Section 4. Probation ..................................................................................................................... 5 Section 5. Layoff .......................................................................................................................... 6 Section 6. Reemployment .............................................................. 999Section 6. Reemployment ...................................................................................................................................................... 8 Section 7. Discipline ..................................................................................................................... 9 Section 8. Grievance Procedures .............................................................................................. 10 Section 9. Leaves ...................................................................................................................... 13 Section 10. Days and Hours of Work ......................................................................................... 22 Section 11. Overtime ............................................................................................................... 234 Section 12. Holidays ................................................................................................................ 267 Section 13. Compensation and Allowance Other Than Base Salary ......................................... 28 Section 14. Insurance Plans and Retirement Benefits ............................................................. 323 Section 15. Salaries ................................................................................................................. 357 Section 16. Severability of Provisions ...................................................................................... 413 Section 17. Past Practices and Existing Memoranda of Understanding .................................. 413 Section 18. Scope of Agreement ............................................................................................. 413 Section 19. Duration of Agreement .......................................................................................... 423 Section 20. Maintenance of Operations/City Rights ................................................................ 424 Section 21. GPS Devices in City Vehicles ................................................................................. 44 Appendix A. Market Adjustments ................................................................................................ 46
ATTACHMENT B
389
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 202319 – JUNE 30, 202623
CITY OF STOCKTON 1
Section 1. Recognition
Operating Engineers' Local 3, AFL-CIO, hereinafter referred to as the "Union," is the recognized employee organization for the Trades and Maintenance Unit (T&M), certified pursuant to the Employer-Employee Relations Ordinance (Stockton Municipal Code §§ 2- 200, et seq.).
Section 2. Union Rights
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate B ill (SB) 866, the parties agree to the following process for making, cancelling, 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 the City wi ll deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Unio n from the salary or wages of all bargaining unit employees who voluntarily authorize su ch deductions, and pay such amounts to the Union.
1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
2. The City shall rely up on written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
3. The Union is responsible to obt ain and maintain voluntary written authorization for membership dues deductions.
4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
6. The Union is not required to prov ide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
7. Deduction notificat ion will be provided to [email protected]
ATTACHMENT B
390
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
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8. Changes, and/or cancellations, re ceived by the City prior to the 15 th th of the month will be processed no later than the first pay period of the second month. Example: The Union notifies the City on January 15 th th , the deductions will be effective no later than t he first full pay period in March.
The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision
The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 New Hire Employ ee Orientation and Information Requirements
(a) In accordance with Assembly Bill ( AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following info rmation on file from the City’s Human Resources database system (currently HTE):
1. Name;
2. Job title;
3. Department;
4. Work location;
5. Personal cellular telephone numbers, including work and home;
6. Personal email addresses as prov ided by new hire employee; and
7. Home address.
The above information shall be updated and provided to the Union at least every (120)thirty (30) days for all bargaining unit members.
2.3 Use of City Facilities
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(a) The Union shall be allowed by the City department in whic h it represents employees' use of space on available bu lletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department. The Union may submit to the City Employee Relations Officer written communications having to do with official Union business for di stribution by the City to identified Union shop stewards. Distribution may be made by e-mail.
(b) Any representative of t he Union shall give notice to the department head or designated representative when cont acting department employees on City facilities during the duty period of the em ployees, provided that solicitation for membership or other internal Uni on business shall be conducted during the non-duty hours of all employees concerned. Pre-arrangement fo r routine contact may be made with individual department heads and when made shall continue until revoked by the department head.
(c) City buildings and other facilities may be made available for use by City Employees of the Union or their repr esentatives in accordance with such administrative procedures as may be est ablished by the City Manager or depart- ment heads concerned.
2.4 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportuni ty to negotiate if requested with the designated management representatives prior to adoption.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter , the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to said notice with the management representatives designated by the City Manager.
2.5 Attendance at Meetings by Employees
City employees who are official representatives or unit representatives of the Union shall be given reasonable time off wit h pay to attend m eetings with City management representatives, or be w here matters within the scope of representation or griev ances are being considered. Such employee
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representatives shall submit a request for excused abs ence to their respective department heads, in a manner satisfacto ry prior to the scheduled meeting whenever possible. Time spent for these purposes while a representative is not scheduled to work shall not be compen sated by the City and shall not be considered as hours worked. Except by mutual agreem ent the number of the employees excused for such purposes shal l not exceed three (3) per recognized bargaining unit. For MOU negotiation meetings, the number of employees excused for such purposes shall not exceed four (4) per recognized bargaining unit.
T&M Time Bank. Upon request by T&M once per calendar in February of each year, each employee covered by this MOU must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by T&M officers, directors, and members for T&M business that occurs during normal work hours, for which paid release time does not apply. Time bank hours used will not be considered as hours worked. Use of T&M Time Bank must be au thorized by a T&M Officer, or T&M director. Members must submit the ti me off request in advance and receive supervisor approval to attend T&M business that occurs during normal work hours.
The total amount of release time in the bank, including any carryover, will at no time exceed five hundred (500) hours. The City’s administration and processing of these contributions will be implemented as soon as administratively possible after ratification of this MOU. This time bank may be us ed by representatives who attend new hire orientations at the City. The City will provide the Union current time bank balance in February and August of each calendar year.
2.6 Maintenance of Membership
All employees in the Trades and MaintenanceT&M unit who are members of the Union, tendering periodic dues at the execution of this agreement, and all employees who thereafter become members of the Union shall, as a condition of employment, pay dues to the Uni on for the duration of this M OU emorandum of Understanding, and each year thereafter. For a period of thirty (30) days prior to January 1, 1989, and thirty (30) days pr ior to any January 1, thereafter, any employee in the aforementioned unit who is a member of the Union shall have the right to withdraw from the Union discontinuing dues payments and retain employment in the City ., subject to provisions of Section 2.2. Agency Fee. Said withdrawal shall be communicated by t he employee in writing to the City. The provisions of this secti on shall be operative only to t he extent that they are permissible under California law.
2.7 Assignment of Classifications
New job classifications established by the City shall be assigned to the bargaining unit pursuant to section 2-208 of Employer-Employee Relations Ordinance
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(Stockton Municipal Code §§2-200, et seq. ) after providing notice and the opportunity to consult with the Union regarding such matters.
2.8 Contract Ratification
Ratification votes for Contract will be handled on Ccity time during the day.
Section 3. Compliance with Federal Laws/Safety
3.1 Non-Discrimination. The City and the Union agree that there shall be no discrimination of any kind becauseon the basis of age (over 40), race, creed, color, religion (creed) , national origin (ancestry), military or veterans status, physical andor mental disability, medical condition, genetic information, marital status, sexual orientation, sex ( sexual, gender based including, pregnancy, /childbirth), breastfeeding or related medical condi tions), gender identity/expression, political affiliation, or legitimate union activity, or on any other basis prohibited by applicable Ffederal and State law against any employee or applicant for employment.
3.2 Fair Labor Standards Act. The Union agrees to cooperate with the City to iensure its members' compliance with the provis ions of the Fair Labor Standards Act (FLSA).
3.3 Safety. The Union shall cooperate with the City in promoting safety objectives as defined in Federal, State and local regulati ons by actively supporting safety programs, promoting safe work habits of members and encour aging an ongoing, active participation by its members in safety safety-related procedures and practices as offered and promulgated by the City of Stockton.
Section 4. Probation
4.1 Purpose
The probationary period shall be utilized fo r closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employ ee whose performance does not meet the required standards of work.
4.2 Original Entrance and Promotional Positions
All original appointments shall be tentative and subject to a probationary period of one (1) year with a review completed after six ( 6) months from original appointment. Promotional appointments shall be subject to a probationary period
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of six ( 6) months. The probationary period for original and promotional appointments will not be extended.
4.3 Retention/Reject ion of Probationer
At the end of the pr obationary period, if the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or not regular stat us is granted; however, a failure on the part of the appointi ng authority to file such a statement at the end of the probationary period shall not constitute a rejection of the probationer as defined in Civil Service Rules.
During the probationary period an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which promoted unless charges are filed and the employee is discharged in the manner provided in sSection 7 of this Memorandum of UnderstandingMOU and in the Civil Service Ordinance and Civil Service Rules, which are consistent therewith.
4.4 Alcohol and Dr ug Testing.
All employees hired into original and reemployed appointments in safety-sensitive positions identified by t he City must pass a drug and al cohol screening prior to being offered City employment. This s hall include non-repr esented part-time, seasonal, provisional, and temporary appointments.
Section 5. Layoff
5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.
5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
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(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.4 Precedence by Employment Status
(a) No regular status employees shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular employee. The order of layoff among employees not having regular status shall be according to the following categories:
(1) Limited term (i.e., part-time, provisional, and temporary) (2) Probationary
Layoffs shall be by job classification acco rding to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure part-time classes shall be considered as separate from regular full-time classes.
The following provisions shall apply in computing total continuous service:
(1) Time worked in a regular status or probationary
status shall count as service.
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(2) Time spent on military leave shall count as
service in the event the leave was taken
subsequent to entry.
(3) Time worked in a limited term status (i.e., part-
time, provisional, and temporary) shall not count
as service.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by their respective ranking on the eligibility list for hire.
If two (2) or more employees have the sa me seniority but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.
If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.
(b) Any employee in the Trades and MaintenanceT&M Unit who is laid off may complete a City employment application for any position currently staffed by a part time, provisional, or temporary employee. The Human Resources Department will evaluate the employment application. If the laid off employee meets the minimum qualifications of that position, he/shethey shall have the option of displacing the part time, provisional, or temporary employee.
5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in the classification who has the least (total service) seniority.
5.6 Health and Welfare Benefits during Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty -six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
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Section 6. Reemployment
(a) The name of each employee who is laid off in accordance with sSection 5. shall be placed at the head of the eligibility list for the class of positions which that employee held, and shall be given preference in filling vacancies in that class.
(b) An employee laid off in accordance with this sSection shall be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This right of a laid off employee shall remain effective for two (2) years from the date of latest separation from the service. The employee shall not be placed on said eligibility list or lists without first submitting a written request. Employee's place on said list or lists shall be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and shall be given preference in filling vacancies except for those persons placed on said list or lists of re-employment in the same positions previously held. An employee who waives reemployment to a full time position three (3) times shall have his/hertheir name removed from this reemployment list unless mutually agreed to by the Department and employee.
Upon certification for appointment to a new position never having been held by this employee, the probationary period must be completed as required in this Memorandum of UnderstandingMOU.
Section 7. Discipline
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.
7.1 Pre-disciplinary Rights
An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:
(a) Notice of proposed discipline.
(b) Date(s) proposed discipline will be effective.
(c) Reasons for the proposed discipline, the specific grounds and particular facts upon which the action is taken.
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(d) Ten (10) calendar days in which an employee or the representative may respond either orally or in writing to the department head.
(e) The employee must be provided with any written materials, reports and documents upon which the action is based.
7.2 Administrative Leave
The City may place an employee on administrative leave pending the completion of the pre-disciplinary process.
7.3 Provisions
The appointing authority may discharge, suspend or demote any employee in the classified service provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commi ssion and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted or discharged to appeal such action. The employee may take only one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) calendar days of written notification of the action. (Such filin g will foreclose use of the grievance procedure.)
(c) File a grievance as provided for in sSection 8 within ten (10) calendar days of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
Section 8. Grievance Procedures
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding
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which result from the meeting and conferring process. Day – shall mean day(s) in which the City’s Human Resources Office is open for business.
8.2 Filing Deadline
(a) No grievance involving demoti on, suspension, discharge or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) calendarworking days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendarworking days from the time the employee knew or had reason to know of the facts giving rise to the grievance.
(b) With written consent of the Cit y Manager or his/hertheir designee and the Union Business Agent or his/hertheir designee, time limits may be extended and/or Steps 1, 2 and/or 3 of the Grievance Procedure waived.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any em ployee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the departm ent head may designate. If the issue is not resolved within the department within twenty (20) working days from the day of presentation or if the employee elects to submit the grievance directly to the Union recognized as the representative of that employee's classification , or if the employee/Union official notifies the Director of Human Resources, in writing, that a grievance exists, the procedure hereinafter specified may be invoked. An email will suffice as a formal submission of a Step one (1) Grievanc e. The Union agrees to state in the subject line of the email “Grievance.”
(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step level one (1), then the employee may appeal the grievance to the Director of Human Resources within twenty (20) calendarworking days of the receipt of written response at Step level one (1). Such appeal must state with particularity: 1) the specific policy, rule or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Union may file and process grievance(s) on behalf of the specifically named employee. The Director of Human Resources shall have twenty (20) calendarworking days in which to investigate the issues, meet with the complainant , and attempt to reach a satisf actory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investi gated in accordance with this paragraph, except for the resolution of compensation complaints.
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(c) Step 3 - Arbitration. If the parties are unable to reach a mutually satisfactory accord on the grievance at Step two (2), within twenty (20) calendar days either the Union or the City may require that the grievance be referred to an impartial arbitrator mutually selected by the parties, or if the par ties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service.
The arbitrator shall be chosen by the alter native strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, includ ing preparation and post hearing briefs, if any.
(d) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
8.4 Scope of Arbitration
(a) No arbitrator shall entertain, hear , decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the defi nition of a grievance as set forth in paragraph 8.1.
(b) Proposals to add to or change this Memorandum of UnderstandingMOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of UnderstandingMOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this Section shall hav e the power to amen d or modify this Memorandum of UnderstandingMOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
(c) No changes in this Memorandum of UnderstandingMOU or interpretations thereof (except interpretations resulting from arbitration pr oceedings hereunder) will be recognized unless agreed to by the Director of Human Resources and the Union.
8.5 Other Provisions
If the Director of Human Resources or City Manager, in pursuance of the procedures outlined above, resolve s a grievance which involve sd suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration
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and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City.
Complaints which allege the employee is not being compensated in accordance with the provisions of this Memorandum of UnderstandingMOU shall be considered as grievances and pr ocessed pursuant to Section 8.3. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of UnderstandingMOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one- hundred and eighty (180) days from the date upon which the complaint was filed.
Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.
A grievant will be provided release time without loss of pay for all required meetings with management. The City cannot discriminate or retaliate in any manner against an employee for filing a grievance or exercising rights under this sSection.
The provisions of this sSection shall not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administe red in a manner whic h would abrogate any power which, under the Stockton Municipal Code, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in representation units represented by the Union shall be processed under this Section. If t he Stockton Municipal Code and/or Civil Service Rules and Regulations requires that a differing option be available to the employee, no action under paragraph (c) of Subsection 8.3 above shall be taken unless it is determined that the employee is not utilizing such option.
No action under paragraph (c) 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 requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
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Section 9. Leaves
9.1 Vacation Leaves
(a) Vacation Allowance. All regular status employees, excluding provisional , and temporary, and part-time employees, shall accrue vacation leave with pay in accordance with the following schedules:
(1) Less than one and one-half (1-1/2) years continuous employment .............................................................. 80 hours/year.
(2) After one and one-half (1-1/2) to seven and one-half (7-1/2) years continuous employment ................................ 108 hours/year.
(3) After seven and one-half (7-1 /2) to fifteen (15) years continuous employment ........................................... 144 hours/year.
(4) After fifteen (15) to twenty-five (25) years continuous employment ............................................................. 189 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a twice-monthlyper pay period payroll basis.
(b) Maximum Vacation Accrual. Employ ees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Effective July 1, 2012, the following maximum vaca tion accruals shall take effect. For employees who on July 1, 2012 have va cation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation to get under the maximum allowed. If an employee does not get below the maximum by June 30, 2013, they shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.
Maximum Vacation Accrual Caps
40 Hour Employee
Under 1.5 years 120 hours (15 days for 8 hour shift)
1.5 – 7.5 years 240 hours (30 days for 8 hour shift)
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7.5 – 15 years 280 hours (35 days for 8 hour shift)
15 – 25 years 320 hours (40 days for 8 hour shift)
26 years 328 hours (41 days for 8 hour shift)
27 years 336 hours (42 days for 8 hour shift)
28 years 344 hours (43 days for 8 hour shift)
29 years 352 hours (44 days for 8 hour shift)
For every year of service beyond 29, the employee is allowed to add an additional seven (7) hours to the maximum accrual cap.
(c) Vacation Scheduling. Vacation leaves shall be scheduled with due consideration for the wishes of the empl oyee and so as to not interfere with the normal operation of the City business. Vacation requests are accepted on a day for day basis.
(d) Holiday during Vacation. If any su ch paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(e) Vacation Cash out Upon Separation
An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the se cond regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
(f) Vacation Sell-Back Maximum
An employee may elect to receive cash payment for up to a maximum of forty (40) hours of accumulated vacati on hours annually except that all cash outs shall be suspended during furlough or fiscal emergency periods and during the term of this MOU and until a successor MOU is reached, however, effective for FY 2020/2021, 2021/2022 and 2022/2023 only, an employee may elect to receive a cash payment for a maximum of forty (40) hours of his/hertheir unused accumulated vacation balance after the use of a scheduled vacation of forty (40) consecutive hours or more in that same or prior fiscal year. To utilize this option, employees must maintain a balance of (forty) 40 accrued vacation hours after the cash payment.
When in effect, this option may be exercised once per fiscal year. Employees may elect this option by December 31 of eac h year for the cash out the following calendar year. The cash out election is irrevocable and the City will follow IRS
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regulations regarding cash payment of leave.
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9.2 Sick Leave
(a) Accrual. All regular status full-time employees, except provisional and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
All regular status employees, except provisiona l and temporary employees, scheduled to work less than a full month shall accrue sick l eave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick l eave pay for those days which the employee would normally have worked, to a maximum of the hours accrued, described as:
Preventive medical, dental, optical care, illness, injury, or exposure to contagious disease which incapacitates the employee from performing normal work duties.
This includes disabilities caused or contributed by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.
(c) Family Sick Leave. Employees may utilize up to one-half (1/2) of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care that otherwise would not be covered by t he Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) leaves.
Such leave shall be restricted to the em ployee's parents, spouse, mother-in-law, father-in-law, child, stepch ild, brother, sister, brothe r-in-law, sister-in-law, grandparent, grandchild, legal dependent , and registered domestic partner , and “designated person.” For purposes of paid sick leave, a “designated person” means a “person identified by the employ ee at the time the employee requests paid sick leave.” An employee may select one (1) person as a “designated person” in a twelve (12) month period.
In special cases, with the approval of the Director of Human Resources, a department head may grant the use of sick leave in other circumstances.
It is not the intent of this provision to conflict with any state or federally mandated policies, such as the Family Medical Leave Act ( FMLA), the California Family Rights Act (CFRA), or the Pregnancy Disability Leave (PDL).
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(d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence, (for example, included but not limited to scheduled medica l, dental or vision appo intments), the employee shall request authorization for such sick leave from the department head prior to such absence.
If an employee is not able to report due to illness or injury, the employee shall report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the work day , except for extenuating circumstances prohibiting giving notice. Each Supervisor will have the authority to identify acceptable forms of sick leave notification and will provide acceptable forms of sick leave notification in writing to employees; however, at all times the employee must contact his/hertheir direct supervisor directly when not able to report to work. If the employ ee’s direct supervisor is unavailable, the employee must contact the next-level supervisor.
Failure to notify as soon as possible and in conforming to the thirty (30) minute notification shall be cause for the following informal and formal disciplinary action:
(1) For the first time in a six (6) month period, a Memorandum of Discussion (informal).
(2) For the second time within a six (6) month period, a Letter of Reprimand (formal).
(3) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more
incidents occur within a six (6 ) month period, the employee may be discharged (formal).
The six (6) month period will be defined as six (6) months from the most recent incident. If no other incident occurs within six (6) months of the most recent incident, the disciplinary data shall be removed from the employee’s official personnel file.
(e) Verification Procedures
(1) Before being paid for the use of accrued sick leave, the employee shall submit a request for sick leave form, stating the dates and hours of absence and, , the type of sick leave being reques ted such as sick leave for self, family member and/or FMLA.
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(2) Doctor's Certificate or Other Proof. The Director of Human Resources may require a doctor’s certificate or other reasonable proof of illness as he/she deems necessary 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 she will be required to provide such documentation. Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for more than three (3) consecutive days, a doctor’s certificate or other reasonable proof of illness may be required. In addition, the City may monitor and control the appropriate use of sick leave by em ployees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(3) If the City has a reasonable basis to believe that an employee is abusing the sick leave benefit, the City or the employee's supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed abuse, and 2) discuss the r easons for the employee's absence.
The employee has the right to Union representation at such meeting. After such meeting, and depending on the factual circumstances, the City may:
(a) Place the employee on restricted sick leave for a period of not more than four (4) mont hs, under the direction of the Director of Human Resources pursuant to (e)(2) above;
(b) Suspend the employee without pay for up to five (5) days for abuse of sick leave; or dismissal from employment if a prior suspension involved abuse of sick leave;
(c) Place the employee in an employee assistance
program, if agreed to by the employee.
(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 inju ry signed by a physician covering the period for which sick leave is claimed.
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(g) Payment for Unused Sick Leave. Effective February 17, 2012, all accumulated or future of Sick leave accruals shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS servic e credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired on or after December 29, 2012 shall not be eligible for this service credit.
(i) Sick Leave Retention Benef it. If, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separa tion shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
(2) Separation between July 1, 201 4 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, 2/16/12 shall be paid at thirty five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012, 2/16/12 shall be paid at fifty (50%) of its cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request , be granted up to three (3) days bereavement leave with pay without charge to theirhis accumulated sick leave credits or annual leavevacation eligibility . The department heademployee shall, upon request, be may granted an additional two (2) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave or annual leavecredits. in cases where extens ive travel is required to attend the funeral. For the purposes of this paragraph, the immediate family shall be restricted to the employee’s parents, spous e, mother-in-law, fa ther-in-law, child,
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stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, grandparent- in-law, grandchild, and registered domestic partner.
In the event of the death of a person not immediatel y related to an employee as defined above, the employ ee's department head may grant up to three (3) days bereavement leave, upon request, which shall be charged against the employee's accumulated sick leave or annual leavecredits. If the deceased is the person who is the employee’s current “designated person” for purposes of family sick leave pursuant to Section 9.2(c), the request to use sick leave or annual leave shall not be unreasonably denied.
(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedience to subpoena or by direction of proper aut hority, in accordance with the following provisions:
Said absence from duty including necessary travel time, will be for actual hours served on jury duty or testifyingies as a witness in a criminal case, other than as a defendant. This shall include the time from when the employee is ordered to appear until the time the employee is rel eased from the court. As a condition of receiving such pay, the employee must re mit to the City, through the employee's department head, within fifteen (15) days afte r receipt, all fees received except those specifically allowed for mileage and expenses.
If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work his usual morning schedule.
If an employee is required to appear for a morning court session and is sent home before noon and not required to return in the afternoon, the employee will be expected to work his usual afternoon schedule.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of ex penses incurred, shall be remitted to the City through the employee's department head.
Notwithstanding the foregoing, 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 involved, shall not be considered absent from duty within the meaning of the Section.
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(c) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.
All regular status employees in the service of t he City shall be allowed leave of absence without pay for duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Fo rce or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the position they held when th ey were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary employee having served a minimum probationary period of six (6) months at the time of induction, it shall be optional with the department head and the Cit y Manager to grant regular st atus to said employee before induction.
All probationary employees inducted into Military Service not having served the minimum probationary period of six (6) months, or having served the minimum probationary period of six (6) months, but not having received regular status shall be allowed a leave of absence without pay fo r the duration of a national emergency, but said employees shall be pl aced at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physica lly fit as above specified and shall serve the balance of their probationary period befor e attaining the status of a regular status employee.
Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
9.4 Workers' Compensation Leave
(a) Workers' Compensation Benefits sha ll be provided in accordance with State law and schedules whenever an employee is absent from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compens able under the Workers' Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
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(b) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on- the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work- related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources department.
9.5 Leave of Absence Without Pay
(a) Entitlement. Employees shall not be entitled to a leave of absence without pay as a matter of right, but only upon the determination of the City that the granting of such leave is in the best interest of public service and that there is a presumption that the employee intends to return to work upon the expiration of the leave of absence. Leave of absence are subject to e ligibility in accordance with state and federal guidelines. The granting of a leave of absence provides the employee the right to return to the position vacated.
(b) Approval. All leaves of absence without pay must be recommended by the department head and approved by the Dir ector of Human Resources. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service, or in the ev ent an application for service connected disability retirement has been filed.
(c) All leave s without pay must be recommended by the department head and approved by the Director of Human Resources. Leaves of absence approved in accordance with the state and federal guidelines may be taken without pay for illness following the exhaustion of entitlement of sick, vacation, and other accrued leaves hours.
9.6 Absence Without Official Leave (AWOL)
(a) Failure to Report to Duty or Failure to Return after Leave. Failure to report for duty or failure to report for duty af ter a leave of absence request has been disapproved, revoked, or canceled, or at the expiration of a leave, shall be considered an absence without official leave and shall be subject to discipline.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days without a satisfactory explanation as approved by the Human Resource Director of Human Resources
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shall be deemed to have voluntarily resigned from the City of Stockton. An employee must provide a written statement to the Human Resources Department regarding a "satisfactory explanation", within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee's last known address.
Section 10. Days and Hours of Work
10.1 Workweek
The normal workweek in this unit consists of five (5) consecutive eight (8) hour days or a total of forty (40) hours, generally Monday through Friday in a seven (7) day work period. Where operational requirement s of a department require deviations from this schedule, the depar tment head with the Director of Human Resources’ approval may institute alternate work schedules as long as the City meets with the Union over the impact of such schedules and conforms to work period requirements of the Fair Labor Standards ActFLSA.
10.2 Meal Periods and Rest Periods
(a) Employees shall receive a one (1) hour or one-half (1/2) hour meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the work day and a second fifteen (15) minute paid rest period during the second half of the work day. Employees who exceed the time limits prescribed above for lunch and/or rest periods shall have their pay reduced accordingly.
(b) Where operational requirements of a department require deviations from this schedule, meal periods of other durat ions and alternate rest periods may be instituted with the approval of the department head or designee.
10.3 Reporting to Work
Repeated failure to report to work on time may result in appropriate informal and/or formal discipline as set forth below:
(a) For the first time in a six (6) month period, a Memorandum of Discussion (informal).
(b) For the second time within a six (6 ) month period, a Letter of Reprimand (formal).
(c) For any subsequent time within a six (6 ) month period, suspension from work; or at any time four (4) or more inci dents occur within a six (6) month period, the employees may be discharged (formal).
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If an employee reports to the work site after the designated starting time, the employee will be paid only for time actua lly worked; however, the employee may be allowed to utilize annual leave for lost pay, provided the employee's supervisor approves.
The six (6) month period will be defined as six (6) months from the most recent incident. If no other incident occurs within six (6) months of the most recent incident, the formal disciplinary action (i.e., letter of reprimand, suspension) shall be removed from the employee’s official personnel file maintained in the Human Resources Department, upon the writt en request of the employee to and concurrence by the department head and the Director of Human Resources.
Section 11. Overtime
11.1 Overtime Authorization
All compensable overtime must be authorized by the department head or his their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day fo llowing the date on wh ich the overtime was worked.
11.2 Definition
The following provisions pertaining to authorized statutorily required overtime work shall apply to non FLSA exempt employees:
(a) Statutory overtime sha ll be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one-half (1-1/2) including employees employed on a per hour or per day basis or except as provided elsewhere herein. Observed holida ys, floating holidays, jury duty leave, bereavement leave, and sick leave hours taken shall be considered as time worked for overtime calculation purposes. Vacation, or other compensated time off shall not be considered as actual time worked.
Notwithstanding subparagraph “a” above, effective September 1, 2024, and continuing for a period of twelve (12) months, vacation leave taken within the work period shall also count as actual time worked. The parties agree that the cost value of this modification is approximately zero point two percent (0.2%) of salary for the bargaining unit and is funded by the delay in the 2023 COLA. This pilot program will sunset at the end of tw elve (12) months. However, during the pilot program,
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the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modifications to or c ontinuation of this structure as part of successor contract negotiations.
(b) On a holiday observed by the City an employee who areis not regularly scheduled to work holidays shall be paid for a regular work day (pursuant to holiday benefit under section 12) plus time and one- half (1-1/2) for actual time worked including employees employed on a per hour or per day basis, or except as provided elsewhere herein.
(c) The City may require mandatory overtime when operational needs exist and if the City dictate s the need to work such overtime. Work in excess of forty (40) hours worked as defined in (a) above in any workweek that qualifies for overtime will be paid or taken as Compensatory Time-off (CTO) in accordance with Section
11.5(b).
(d) Temporary Upgrade Pay. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed to, will be paid overtime at the h ourly rate attached to the position or classification in which they are performing such overtime work.
11.3 Standby Duty
When warranted and in the interest of the City operation, department heads may assign employees to "standby" status.
(a) Application of "standby" shall be as follows:
(1) Each employee so assigned to "standby" shall be provided with a communication device while on standby and shall be able to report to the work site within forty-five (45) minutes. Employees assigned to standby shall be requir ed to carry the communication device.
(2) Employees on standby shall hav e the option to trade hours of standby status with another qualified employee in the same unit or division with departmental approval.
(3) Standby shall be assigned in a minimum of eight (8) hour s blocks, i.e., Monday - Friday work week standby can be eight (8), sixteen (16), twenty-four (24) hour blocks. The block of standby will be to one (1) person per twenty-four 24 hour period.
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Standby for weekends i.e., Satur day, Sunday or extended holiday weekends (Friday – Sunday, or Saturday - Monday) will be assigned 8 - 48 hour blocks to one (1) person per weekend (up to seventy- two 72 hours for holiday weekend).
(b) Compensation of "standby" shall be as follows:
(1) E ffective May 1, 2024, e mployees assigned to standby duty shall be paid four dollars ($43.00) per hour while assigned to be on standby. An employee shall earn time and one-half (1-1/2) for all actual time worked while on standby duty status only if eligible for overtime as defined in sSection 11.2 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 work performed” for purposes of calculating overtime.
11.4 Call-Back
When an Ee mployees is called back to work from off duty status, the employee shall be compensated for a minimum of two (2) hours and forty-five (45) minutes pay at time and one-half (1-1/2) or actual time worked at time and one-half (1-1/2) if eligible for overtime as defined in sSection 11.2, above, whichever is greater.
When authorized by the department, empl oyees who are contacted and who provide remote support via telephone, internet, or network connection will be paid time and one-half ( 1-1/21 ½) for time worked in fifteen ( 15) minute intervals, if eligible for overtime as defined in sSection 11.2 above. Intervals cannot be compounded or overlapped.
To be eligible for call-back pay, both of the following conditions must be met:
(a) The call-back must occur outside of the employee’s regular work hours; including overtime.
(b) The call-back time worked must not be contiguous to the employee’s regular work hours; including overtime.
(c) An employee is ineligible to receive a premium for both standby and call back. For example, employees shall not receive standby pay for hours in which they are paid overtime or call back pay.
11.5 Compensatory Time
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(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.
(b) Accrual. For hours worked in excess of forty (40) hours in a seven (7) day work period as defined in sSection 11.2(a), Compensatory Time may be earned at the rate of time and one-half (1-1 /2). No more than eighty (80) hours (forty (40) hours worked at time and one-half ([1-1/2]) may be carried on the books at any time.
(c) Use. Use of Compensatory Time shall be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of requests for use of Compensatory Time shall be submitted in writing and in advance of use on a day-for-day basis and shall be at the sole discretion of the department head, but once approved, cannot be changed 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-off (CTO) will be carried forward (forty (40) hours maximum), unless the employee elects to have the compensatory balance paid. Carryover Co mpensatory Time cannot exceed the forty (40) hours maximum.
11.6 Meal Allowance
The City shall provide a meal allowance of fifteen dollarsTEN DOLLARS AND NO CENTS ($150.00) for an employee who is held over and works a minimum of four (4) hours. Employees called back to work or called back from a day off with less than two (2) hours noticehours’ notice shall qualify for the fifteen dollar TEN DOLLARS AND NO CENTS ($150.00) meal allowance when they work a minimum of four (4) hours. Extension of the work schedule or call-back must be properly authorized by the employee's supervisor or other designated personnel.
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Section 12. Holidays
12.1 Qualifying for Holiday Pay
All regular status employees, excluding provisional, and temporary, and part-time employees, shall be entitled to take all authorized holidays at full pay not to exceed the employee’s regular work day for any one (1) holiday. . For an employee working on a 4/10, 9/80 or 12- hour work day plan, holidays shall be paid equivalent to the employee’s regularly scheduled work hours (e.g. 9 hours for a 9- hour work day or 8 hours on an 8- hour day on the 9/80 schedule).
12.2 Holidays Observed by the City
Effective January 1, 2020 and upon approval by the City Council on its regular agenda in accordance with the Ralph M. Br own Act employees shall receive the following holiday s on full pay for each of the below listed holidays. Unless otherwise provided in this section, the City observes the following holidays on the dates indicated:
(1) January 1……... ............................................................................................... ...................................................................... New Years' Day (2) Third Monday in January ................................ Martin Luther King Jr.'s Birthday (3) Second Monday in February ............................................... Lincoln's Birthday (4) Third Monday in February ............................................ Washington's Birthday (5) March 31 .....................................................................Cesar Chavez Birthday (6) Last Monday in May ................................................................... Memorial Day (7) July 4 .................................................................................. Independence Day (8) First Monday in September .............................................................. Labor Day (9) Second Monday in October ....................................................... Columbus Day (10) November 11 ........................................................................... Veteran's Day (11) Fourth Thursday in November .................................................... Thanksgiving (12) The day following the day known as Thanksgiving
(13) December 25 ............................................................................ Christmas Day (14) Birthday Holiday
If any of said holidays fall on a Sunday , the following Monday shall be observed as a holiday. If any of said holidays fall on a Saturday, the preceding Friday shall be observed as a holiday.
In order to receive Holiday Pay the empl oyee must be in a paid status the day before and the day after the holiday.
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An employee who takes a holiday off on a normally scheduled work day will receive a regular work day worth of holiday pay at their regular rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes. A holiday that falls on an employee’s normally scheduled day off will receive a regular work day worth of holiday pay at their regular rate of pay, however the holiday hours will not be counted as time worked. If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half (1-1/2) and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be count ed as time worked for FLSA overtime calculation purposes (up to the employee’s normal work day).
Birthday Holiday Leave. The department head with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days afterbeginning on the day of the employee’s birthday.
12.3 Compensation for Holidays Worked
Prior approval for holiday work must be secured from the department head except in emergency situations where said approval cannot be obtained beforehand.
Section 13. Compensation and Allowance Other Than Base Salary
13.1 Retirement Contribution Supplement
13.1 (a) The City will pay seven percent (7%) of the employee's current base salary (employee's contribution) and other co mpensation as qualified by State law towards the Public Employees’ Retirement System (CalPERS). Such amounts will be applied to the employee's i ndividual account in accordance with California Government Code section 20691.
Effective August 1, 2011, employees hired on or before December 28, 2012 shall pay seven percent (7%) of the employee’s current base salary and other compensation as qualified by state law towards the employer contribution to the CalPERS retirement plan on a post-tax basis in the form of a payroll deduction. The City will seek an IRS private letter ruling to determine whether or not the IRS permits the employee’s contribution to the employer’s share of pension cost to be treated on a pre-tax basis. If the IRS issues a private letter ruling allowing employee’s contribution towards employer pension cost on a
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pre-tax basis, the City will change the deduction from post-tax to pre-tax as soon as administratively possible after the IRS final determination.
(b) For Employees Hired on or Before December 28, 2012
(b)
(1) The City's CalPERS retirement plan is modified to reflect two percent (2%) at age fifty-five (55), effective January 1993.
(1)
(2) The City's CalPERS retirement plan is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Militar y Service Credit for Retired Persons) effective upon adoption by Stockton City Council and Board Administration of the CalPERS.
(2)
(3) The City will provide CalPERS California Government Code section 20692 (Employer Paid Member Contri butions Converted to Payrate during the Final Compensation Period) as added CalPERS benefits.
At the beginning of the employee’s last year of employment, the employee will pay their employees’ employee’s seven percent (7%) benefit cost through an aut omatic payroll deduction. The City will increase the base salary for those employees by the same seven percent (7%) for the last twelve (12) months of employment. Internal Revenue Service (IRS) Code 414H (2) will be concurrently implemented with CalPERS California Government Code section 20692, to be effective upon adoption by the Stockton City Council and CalPERS Administration Board.
(3)
(4) The City will provide CalPERS California Government Code section 20965 (Credit for Unused Sick Leave) as added CalPERS benefits, to be effective upon adoption by the Stockton City Council and CalPERS Administration Board. Any unused sick leave may be credited towards CALPERS service credit.
(4)
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(5) The City will provide CalPERS California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as added CalPERS benefits, to be effective upon adopti on by the Stockton City Council and CalPERS Administration Board.
(5)
(6) The City will provide CalPERS California Government Code section 21335 up to a five percent (5%) Annual Cost-of-Living Allowance, as an added CalPERS benefit. The first application date is April 1, 2003.
(6)
(c) For Employees Hired on or After December 29, 2012
(1) The City amended its contract with CalPERS effective December 28, 2012 to provide a new second tier retirement program of two percent (2%) at sixty (60) with three (3) year average salary formula and no other additional CalPERS benefits for all unit employees hired on or after December 29, 2012. Employees hired on or after December 29, 2012 shall pay the entire seven percent (7%) of the employee’s current base salary (as the empl oyee contribution) and any other compensation as qualified by state law towards CalPERS retirement benefit through a payroll deduction.
(1)
(d) PERS Benefits for Employees hired on or after December 29, 2012
(1) Employees with Reciprocity:
Employees hired on or after December 29, 2012, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in se rvice of less than 6 months and are considered classic employees by PER S AB 340, shall be subject to the PERS pension formula of two percent ( 2%) at sixty ( 60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the entire seven (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualified by st ate law towards CalPERS retirement benefit through a payroll deduction.
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(2) Employees without Reciprocity:
Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of two ( 2% ) at sixty-two ( 62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent ( 50%) of the City normal cost rate for the two ( 2%) at sixty-two ( 62) as determined by CalPERS.
13.2 Deferred Compensation
Effective July 1, 2010, the City’s contribution to the Deferred Compensation Plan (5.5% of base pay) will be converted to base pay. Effective July 1, 2010, employees will no longer receive a deferred compensation benefit.
13.3 Uniforms
(a) The City shall provide uniforms for a ll employees assigned to this unit who are required to wear uniforms during the course of work.
(b) Safety Protective Footwear Reimbursement Allowance
Effective July 1, 2024, for eE mployees required to wear safety protective footwear in accordance with the City Manager’s Administrative Directive HR-034, and approved for safety protec tive footwear reimbursement, the City will authorize safety protective f ootwear reimbursement in the amount of two hundred and fifty dollarsTWO HUNDRED DOLLARS ($2500.00) as needed and approved by the employee’s supervisor and department head.
Employees shall be allowed to use any unused funds towards the purchase of insoles and socks.
13.4 Tool Allowance
(a) Effective July 1, 2024, Mechanic employees assigned to the Central Garage who are required to personally supply t heir own set of mechanic hand tools, as required and approved by the Fleet M anager, shall receive an annual tool replacement allowance of eight hundred dollars FOUR HUNDRED DOLLARS ($8400.00).
(b) The City shall pay for the replacement of tools lost th rough theft from City premises provided that such loss was absolutely no fault of the employee.
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(c) Any tool required by the City bey ond that initially approved by Fleet Manager shall be provided by the City.
13.5 Special Driver's License Pay
Job classifications that require employees to possess and maintain a Class A and/or Class B Driver's Lic ense will receive special pa y based on the flat dollar amount equal to one and one-half percent (1-1/2%) of top step of job classification.
Special Driver's License Pay will only be implemen ted with the concurrent implementation of the Oper ating Engineers' Local No. 3 - City of Stockton, Drug/Alcohol Safety Program.
13.6 Longevity Pay
Effective August 1, 2011, longevity pay was eliminated. However, the City shall grandfathered only those employees who completed twelve (12) continuous years of service with the City as of July 31, 2012 , longevity pay based on the flat dollar amount equal to two and one-half percent (2 .5%) of top salary step of the employee’s pay range as of July 1, 2010. As of July 1, 2012, longevity incentive pay allowance for these grandfathered employees was reduced to one and one- half percent (1.5%).
13.7 Credit Union
The City will accommodate payroll deduction s to Operating Engineers' Local No. 3 Credit Union, within the limitations of City payroll system. Any modification costs will be borne by Operating Engineers' Local No. 3.
13.8 Crane Operator Add Pay
At the Department Head’s discretion and appr oval, Traffic Signal Electricians, Tree Surgeon, Maintenance Repa ir Technician and Craft Maintenance Workers who obtain and maintain a crane operator certificate will receive $0.30 per hour add pay. The number of total combined employees eligible to receive the add pay for all series listed below shall not exceed as follows:
Job Classification Series Total Eligible in
Series
Crane Operator Add Pay
Traffic Signal Electrician 4 $0.30 per hour
Tree Surgeon 2 $0.30 per hour
Craft Maintenance Worker 1 $0.30 per hour
Maintenance Repair Technician 1 $0.30 per hour
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Section 14. Insurance Plans and Retirement Benefits
14.0 Reopener Clause for Health Insurance
(a) The Association agrees at the City’ s request, to meet and confer on any changes that are within the mandat ory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).
(b) The City agrees at the request of the Trades and Maintenance UnitT&M to meet and confer regarding empl oyer benefits and premiu m contributions should medical/dental/vision insurance premiums for employ ee-only, employee plus one (1) dependent or employee plus family increase by more than four percent (4%) in any one (1) plan year.
14.1 Health and Welfare Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their elig ible dependents in any of the City sponsored medical, dental and visions plans or Operating Engineer Health and Welfare Trust Fund Plan (PPOAnthem Plans A, B, C, and D, and Kaiser HMO Plans A, and B, and A+). The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for Medical, Dental and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and theirhis or her dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution towards the cost of insurance programs.
1) Effective MayJanuary 1, 20240, the City will contribute:
Up to $711.00657.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
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Up to $1,290.001,192.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1,719.001,588.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
Any retroactive portion of these in creases shall be processed and paid as soon as administratively possible following adoption of this agreement by the City Council.
2) 2) Effective July 1, 20242020, City shall contribute the following:
Up to $ 725.00670.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $ 1,316.001,216.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $ 1,753.001,620.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
3) 3) Effective July 1, 20252021, City shall contribute the following:
Up to $ 740.00683.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $ 1,342.001,240.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1,788.001,652.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
4) Effective July 1, 2022, City shall contribute the following:
Up to $697.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
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Up to $1,265.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1,685.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
These contributions are bas ed on full-time employment; regular part-time employees shall receive a prorated cont ribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City’s monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/visions/dental to be pre-tax premium conversion.
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical/vision and dental plans provid ed by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
(e) Employees that promote, demote, or transfer from a classification in the Trades and Maintenance unit to an unrepresent ed classification shall continue to have the option to retain the Operating Engineers' Local No. 3 Health and Welfare Plan.
(f) Payment of costs for City administrative overhead for Operating Engineer sponsored plans.
The City costs to administer the health plans offered to employees and retirees are incorporated into the monthly rates for City sponsored medical, dental and vision insurance paid by the City and the plan participants. Effective upon the first full pay period following ratification of this Memorandum of UnderstandingMOU by the Union and approval by the City Council on its regular agenda in accordance with the Brown Act the City will add to the monthly plan costs for the Operating Engineer sponsored plans offered to employees those City administrative overhead costs associated with these plans in addition to the City sponsored plans . and will be updated each plan year.
14.2 Long Term Disability Insurance
The City shall provide, at no cost to t he employee, long term disability insurance
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coverage. Plan benefits shall be as descri bed in the Plan document, but shall include:
(a) Each disability - sixty-six and two thir ds percent (66 2/3%) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.
(b) Disability income payments shall co mmence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City shall continue its norma l contribution for employee medical premiums during the ninety (90) day waiting period.
14.3 State Disability Insurance (SDI)
At the Union’s option, pursuant to procedures established by the state, members may elect to receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
14.4 Life Insurance
Effective July 1, 2012, tThe City shall provide, at no cost to the employee, term life insurance policy with a value of fifty thousand dollars ( $50,000). In addition, employees shall have the opportunity to purchase additional voluntary life through their union or through the City’s IRS125 vendor.
Section 15. Salaries
15.1 Salary
All salaries hereby established and explained in other parts of section 15 shall no longer be fitted to the Stockton Salary Matrix as set fort h in the City of Stockton Salary Schedule. Instead, all salary steps hereby established and explained in other parts of section 15 shall be assigned a fixed per centage of 5.14% between salary steps, and any salary ranges established on or after October 1, 2008, shall be assigned a fixed percentage of five percent (5%).0% between salary steps.
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The salary for each job classification, as set forth in the City of Stockton Salary Schedule the standard rate of pay for fu ll time employment, unless the schedule specifically indicates otherwise.
The salary as set forth in the City of Stockton Salary Schedule do not include reimbursement for actual and necessary ex penses for traveling, subsistence and general expenses authorized and incurred incident to City employment.
Salary Adjustments:
a) Effective MayJanuary 1, 20240, employees will receive a n eighttwo percent (28%) cost of living adjustment (COLA) to base pay. Any retroactive portion of this increase will be processed and paid as soon as administratively possible following adoption of this agreement by City Council.
b) Effective July 1, 20240, employees will receive a zero percent (02%) COLA to base pay.
b)
c) Effective July 1, 20251, employees will receive a three percent (32%) COLA to base pay.
c)
d) Effective July 1, 2022, employees will receive a 2% COLA to base pay.
d) The classifications listed in Appendix A will receive market salary adjustments throughout the term of this contract, according to the updated salary schedules listed in Appendix A.Lump Sum Payment.
a) Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand ($2,000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
e) b) Each employee who is employed in the bargaining unit as of July 1, 2025 will receive a two thousand ($2, 000) lump sum non-pensionable bonus (subject to all applicable withholding) to be pa id by the second scheduled payday in the same month.
15.2 Salary upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class and level to which appointed. When circumstances warrant, the Director of Human Resources may approve an entrance salary which is more than the minimum
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salary for the class and level to which an employee is appointed. Such salary may not be more than the maximum salary for the class and level to which that employee is appointed.
15.3 Salary Equivalents
Any monthly, daily or hourly rate of pay may be converted into an equivalent rate of pay or to any other time bases when, in the judgment of the Director of Human Resources or the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates. Overtime rate and premium pay s hall be calculated according to the provisions of the FLSAair Labor Standards Act.
15.4 Salary Step Plan
(a) The first salary step shall be the minimum salary rate and shall be the normal hiring salary rate for the class. In a case where a person possesses unusual qualifications, the Director of Human Resources may authorize appointment above the first salary step after receiving the recommendation of the department head. The same pr ovision shall apply to hourly paid and part-time employees.
The second salary step shall be paid upon the satisfactory completion of six (6) months service at t he first salary step upon the written recommendation of the department head.
Subsequent salary steps shall be paid upon the satisfactory completion of one (1) year service at the preceding salary st ep of the job classi fication and upon the recommendation of the department head.
Regardless of an employee's length of service, step advancements in any given class may be made upon recommendation of the department head with the approval of the Director of Human Resources.
Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.
(b) If a department head recommends wit hholding salary step increases because an employee has not achieved the level of performance required, notice must be received by the Human Resources Department at least four (4) weeks in
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advance of the employ ee's eligibility date. The affected employee shall be furnished a copy of the department head's re commendation. Failure to abide by the above four-week limitation shall not automatically cause a step increase to be granted; however, if an employee does not receive notice by the actual anniversary date, the increase shall be automatically granted.
(c) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.
(d) Salary range adjustments for a cla ssification will not set a new salary anniversary date for employees serving in that classification.
15.5 Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to the City service, are entitled to the automatic salary advancements within the range of their classification for the period they were in the military service.
15.6 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the re vised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided for by the Director of Human Resources.
15.7 Salary Step After Promotion or Demotion
(a) When an employee is prom oted from a position in one class to a position in a higher class, and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the salary scale of the higher class which is at least five percent (5%) above the employee's current base salary, except that the next step shall not exceed the maximum salary of the higher class. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.
(b) When an employee is dem oted, whether such demotion is voluntary or otherwise, that employee' s compensation shall be adjusted to the salary
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prescribed for the class to which demoted.
(1) "If the salary of the employee is reduced for cause or disciplinary reasons, the employee shall receive the salary at the same step prior to promotion."
(2) "If the salary of the employee is reduced through no fault of the employee (i.e., layoff), the salary at demotion shall be at the nearest lower salary to that which was received prior to the demotion."
15.8 Transfer
An employee may be transferred from a cl ass in one department, or to a position of the same class in anot her department, or to a co mparable class, with the approval of both the employee and Department Heads. In the case of a compa- rable class, the employee must be qualif ied, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question must be equal to or less than the employee’s current top step salary, and shall consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful completion of per tinent test, that he/she is qualified for the transfer. If the transfer involves a change from the jurisdiction of one appointing authority to another, both must consent thereto.
15.9 Salary on Reinstatement
If a former employee is reinstated in the sa me position, previously held or to one carrying a similar salary range, the employee's salary shall not be higher than the salary at the time of separation unless there has been an increase within the salary range.
If a former employee is reinstated to a pos ition in a lower class the employee's salary shall be set at the same step previously held, but in the pay range of the lower classification.
15.10 "Y" Rate
When an employee's classification is changed to a lower paid classification as the result of a classification study or other action, t he employee may be placed on a "Y" rate. A "Y" rate means that the m onthly compensation for the employee shall remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.
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15.11 Acting Pay
(a) General Provisions. Any employee in this unit who is assigned by a supervisor to work in a higher paid classification for two (2) or more hours in one (1) day, shall receive the rate of pay in the step of the higher classification which would have been received if the employee had been pr omoted into that classification, or at least five percent (5%) more than the employee's salary in the present classification, whichever is gr eater. Out-of-class assignment pay during overtime status will commence at the first hour worked.
(b) When there is an existing promoti onal eligibility list, and acting pay assignment is expected to be for more than twenty (20) work days, acting pay shall be assigned from the top three (3) on the promot ional eligibility list. If the assignment is for twenty (20) work days or less, the highest ranking employee on the promotional list within the division shall be assigned. When there is no eligible list, section (c) below shall apply.
(c) If there is no existing list, acting pa y selection shall be made from the five (5) most qualified employees in the section.
(1) Sections are defined, for the pur pose of this clause only, as the sub-groups listed under the following department:
Public Works Department - (1) St reet Maintenance, (2) Traffic Devices, (3) Electrical/Traffic Si gnals, (4) Fleet, (5) Facilities Maintenance, (6) Community E nhancement, (7) Parks, and (8) Trees.
(2) Qualifications for the purpose of this sSection, as determined by the department head or designee, shall include all the following equal factors:
(a) Seniority in grade within any class immediately below the vacant position.
(b) Worker experience relative to the vacant position.
(c) Prior job perfo rmance and attendance.
(d) Certificates or other fo rmal qualification devices such as eligibility lists.
If all things are equal based on above factors, the seniority within the City
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shall be considered.
(3) The opportunity for acting pay shall be rotated among the five (5) most qualified employees within each section.
(d) Assignments from other than a promotional eligibility list shall not exceed one-hundred and twenty (120) days per fiscal year per employee.
15.12 Special Assignment Pay
The City Manager may approve additional co mpensation in an amount not to exceed one additional salary step when an employee is assigned in writing by the supervisor to perform additi onal duties and responsibiliti es beyond the scope of the assignment for the duration of the special assignment.
Any employee assigned to the Tree Spray Cr ew shall receive an additional five percent (5%) special assignment pay per day when assigned in writing by the supervisor to spray trees and performs such work four (4) or more hours in any one (1) day.
15.13 Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher level classification shall be paid the hourly or daily rate of the classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher level classification.
15.14 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.15 One Time Payment
Effective May 1, 2024, tT he City will make a one-time payment in the amount of five-hundred thousand dollars ($5 ,000.00), subject to applic able withholdings, to Trades and Maintenance unit members employed by the city upon adoption of this agreement by City Council. Payment will be processed and paid as soon as administratively possible following adoption of this agreement by the City Council.
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15.16 Salary Survey
Upon request of the T&M, but no later than September 1, 2024, the parties agree to discuss (1) Salary Survey Jurisdictions and (2) Salary Survey Elements to be utilized by both parties during the next round of negotiations for the successor MOU. The parties endeavor to complete this process by the start of the next round of MOU negotiations. In the event par ties do not reach a consensus on the jurisdictions and elements, the parties would be able to perform their own surveys during the next round of MOU negotiations.
Section 16. Severability of Provisions
In the event that any provision of this Memorandum of UnderstandingMOU is declared by a court of competent jurisdiction to be ill egal or unenforceable t hat provision of the Memorandum of UnderstandingMOU shall be null and void but such nullification shall not affect any other provisions of this Memorandum of UnderstandingMOU, all of which other provisions shall remain in full force and effect.
In the event that Federal legislation ch anges the current a pplicability of the Fair LaborFLSA Standards Act, both parties agree to consult and/or confer on the impacts of such legislation to the extent required by law.
Section 17. Past Practices and Existing Memoranda of Understanding Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City C ouncil is not guarant eed by this Memorandum ofMOU Understanding.
This Memorandum of UnderstandingMOU shall supersede all existing Memoranda of Understanding between the City and the Union.
Section 18. Scope of Agreement
Except as otherwise specific ally provided herein this Memorandum of UnderstandingMOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Ne ither party shall, duri ng the term of this Memorandum of UnderstandingMOU, demand any change therein nor shall either party be required to negotiate with respect to any ma tter; provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of UnderstandingMOU by mutual agreement.
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Section 19. Duration of Agreement
This Memorandum of UnderstandingMOU shall be effective the date of execution, and shall remain in full force and effect to and including the 30 th th day of June, 202623 and shall continue thereafter from y ear to year unless at least si xty (60) days prior to July 1 either party shall file wri tten notice with the ot her of its desire to amend, modify, or terminate this Memorandum of UnderstandingMOU.
Section 20. Maintenance of Operations/City Rights
(a) It is recognized that the need for c ontinued and uninterrupted operation of City services is of paramount importance. Therefore, the Unio n and each employee repre- sented thereby agrees that from the date of execution, through exhaustion of the impasse process/mediation/fact finding as set fo rth in the Employer/Employee Relations Ordinance, the Union or any person acti ng in its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this Section. The City may take other action which it deems appropriate.
(c) If the City Council, by majority vote, dete rmines to its satisfaction, that subsection (a) of this Section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligat ion of its representatives and members to comply with the provisions of this Memorandum of UnderstandingMOU and to make every effort toward inducing all employees in this unit to fully and fa ithfully perform their duties. In the event of any activity prohi bited by subsection (a) hereinabove, the Union agrees to take supererogatory steps nece ssary to assure compliance with this Memorandum of UnderstandingMOU.
(e) The rights of the City as set forth in section 2-206 of the Employer-Employee Relations Ordinance, (Stockton Municipal Code, §§ 2-200, et seq. ) are incorporated herein by reference.
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Section 21. GPS Devices in City Vehicles
The City retains the right to move forwar d with its RFP process and install Global Positioning Systems (GPS) in City vehicles used by employees in this unit. The Association agrees to meet and confer with respect to the City’s proposed GPS policy.
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IN WITNESS WHEREOF, this Memorandum of Understanding was ratified by a membership vote of the Association on _____________, and by an affirmative vote of the Stockton City Council on _ ____________. The parties her eto have executed this Memorandum of Understanding this _________ day of ________.
TRADES AND MAINTENANCE UNIT
Approved as to form:
CITY OF STOCKTON
Operating Engineers’ Local No. 3
By: _______________________
MICHAEL EGGENERDEANDA
Business Representative
APPROVED AS TO FORM:
By: _______________________
HARRY BLACK
City Manager
By: _______________________
ROBERT BONNERROSEMARY RIVAS
Director of Human Resources
By: _______________________
CHARLES SAKAIBURKE DUNPHY
Negotiator for the City
Approved as to form:
Lori AsuncionJohn Luebberke, City Attorney
By: _______________________
MARCI ARREDONDOTARYN JONES
Deputy City Attorney
ATTEST:
CITY CLERK
______________________________
ELIZA GARZA
City Clerk
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Appendix A - Market Adjustments
For an up-to-date Salary Schedule, please check the Human Resources Website.
Year 1‐ eff. 1/1/20 (note that any retroactive portion of this increase shall be processed and paid as soon as administratively possible following adoption of this agreement by the City Council); Year 2‐ eff. 7/1/20; Year 3‐ eff. 7/1/21; Year 4‐ eff. 7/1/22
Steps
1 2 3 4 5 6 7
Electrician I
3,441.10
3,617.98
3,803.96
3,999.46
4,205.03
‐
‐
COLA year 1 (2%)
68.82 72.36
76.08 79.99
84.10 ‐
‐
MA year 1 (8%)
275.29
289.44
304.32
319.96
336.40
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
3,785.21
3,979.78
4,184.36
4,399.41
4,625.53
‐
‐
COLA year 2 (2%)
75.70 79.60
83.69 87.99
92.51 ‐
‐
MA year 2 (6.59%)
226.77
238.42
250.68
263.56
277.11
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
4,087.68
4,297.80
4,518.72
4,750.96
4,995.16
‐
‐
COLA year 3 (2%)
81.75 85.96
90.37 95.02
99.90 ‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
4,169.44
4,383.75
4,609.10
4,845.98
5,095.06
‐
‐
COLA year 4 (2%)
83.39 87.68
92.18 96.92
101.90
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
4,252.83
4,471.43
4,701.28
4,942.90
5,196.96
‐
‐
Electrician II
4,734.63
4,977.98
5,233.85
5,502.89
5,785.72
‐
‐
COLA year 1 (2%)
94.69 99.56
104.68
110.06
115.71
‐
‐
MA year 1 (8%)
378.77
398.24
418.71
440.23
462.86
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,208.09
5,475.78
5,757.24
6,053.18
6,364.29
‐
‐
COLA year 2 (2%)
104.16
109.52
115.14
121.06
127.29
‐
‐
MA year 2 (6.59%)
312.01
328.05
344.91
362.64
381.28
‐
‐
Year 2 ‐ With COLA and Market
ATTACHMENT B
438
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 202319 – JUNE 30, 202623
CITY OF STOCKTON 50
Adjustment 5,624.27 5,913.34 6,217.29 6,536.88 6,872.86 ‐ ‐ COLA year 3 (2%)
112.49
118.27
124.35
130.74
137.46
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,736.75
6,031.61
6,341.64
6,667.62
7,010.31
‐
‐
COLA year 4 (2%)
114.74
120.63
126.83
133.35
140.21
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,851.49
6,152.24
6,468.47
6,800.97
7,150.52
‐
‐
Facilities Maintenance Worker I
2,576.00
2,708.40
2,847.62
2,993.98
3,147.88
3,309.66
3,479.82
COLA year 1 (2%)
51.52 54.17
56.95 59.88
62.96 66.19
69.60 MA year 1 (8%)
206.08
216.67
227.81
239.52
251.83
264.77
278.39
Year 1 ‐ With COLA and Market
Adjustment
2,833.60
2,979.24
3,132.38
3,293.38
3,462.67
3,640.63
3,827.80
COLA year 2 (2%)
56.67 59.58
62.65 65.87
69.25 72.81
76.56 MA year 2 (3.34%)
86.04 90.46
95.11 100.00
105.14
110.54
116.23
Year 2 ‐ With COLA and Market
Adjustment
2,976.31
3,129.29
3,290.14
3,459.24
3,637.06
3,823.98
4,020.58
COLA year 3 (2%)
59.53 62.59
65.80 69.18
72.74 76.48
80.41 MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
3,035.84
3,191.87
3,355.94
3,528.43
3,709.80
3,900.46
4,101.00
COLA year 4 (2%)
60.72 63.84
67.12 70.57
74.20 78.01
82.02 MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
3,096.55
3,255.71
3,423.06
3,599.00
3,784.00
3,978.47
4,183.02
Facilities Maintenance Worker II
3,087.10
3,245.76
3,412.60
3,588.00
3,772.43
‐
‐
COLA year 1 (2%)
61.74 64.92
68.25 71.76
75.45 ‐
‐
MA year 1 (8%)
246.97
259.66
273.01
287.04
301.79
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
3,395.81
3,570.34
3,753.86
3,946.80
4,149.67
‐
‐
COLA year 2 (2%)
67.92 71.41
75.08 78.94
82.99 ‐
‐
MA year 2 (3.34%)
103.11
108.41
113.98
119.84
126.00
‐
‐
ATTACHMENT B
439
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 202319 – JUNE 30, 202623
CITY OF STOCKTON 51
Year 2 ‐ With COLA and Market
Adjustment
3,566.84
3,750.15
3,942.92
4,145.58
4,358.67
‐
‐
COLA year 3 (2%)
71.34 75.00
78.86 82.91
87.17 ‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
3,638.17
3,825.15
4,021.78
4,228.49
4,445.84
‐
‐
COLA year 4 (2%)
72.76 76.50
80.44 84.57
88.92 ‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
3,710.94
3,901.66
4,102.21
4,313.06
4,534.76
‐
‐
Facilities Maintenance Worker III
3,403.93
3,578.90
3,762.82
3,956.23
4,159.56
‐
‐
COLA year 1 (2%)
68.08 71.58
75.26 79.12
83.19 ‐
‐
MA year 1 (8%)
272.31
286.31
301.03
316.50
332.76
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
3,744.32
3,936.79
4,139.10
4,351.85
4,575.52
‐
‐
COLA year 2 (2%)
74.89 78.74
82.78 87.04
91.51 ‐
‐
MA year 2 (3.34%)
113.69
119.54
125.68
132.14
138.93
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
3,932.90
4,135.06
4,347.56
4,571.03
4,805.96
‐
‐
COLA year 3 (2%)
78.66 82.70
86.95 91.42
96.12 ‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
4,011.56
4,217.76
4,434.51
4,662.45
4,902.07
‐
‐
COLA year 4 (2%)
80.23 84.36
88.69 93.25
98.04 ‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
4,091.79
4,302.12
4,523.20
4,755.70
5,000.12
‐
‐
Heating, Ventilation & Air
Conditioning Mechanic
4,844.68
5,093.70
5,355.52
5,630.80
5,920.23
‐
‐
COLA year 1 (2%)
96.89 101.87
107.11
112.62
118.40
‐
‐
MA year 1 (4.56%)
220.92
232.27
244.21
256.76
269.96
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,162.49
5,427.85
5,706.84
6,000.18
6,308.60
‐
‐
COLA year 2 (2%)
103.25
108.56
114.14
120.00
126.17
‐
‐
MA year 2 (0%)
ATTACHMENT B
440
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 202319 – JUNE 30, 202623
CITY OF STOCKTON 52
‐ ‐ ‐ ‐ ‐ ‐ ‐
Year 2 ‐ With COLA
5,265.74
5,536.40
5,820.98
6,120.18
6,434.77
‐
‐
COLA year 3 (2%)
105.31
110.73
116.42
122.40
128.70
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
5,371.06
5,647.13
5,937.40
6,242.59
6,563.46
‐
‐
COLA year 4 (2%)
107.42
112.94
118.75
124.85
131.27
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
5,478.48
5,760.07
6,056.15
6,367.44
6,694.73
‐
‐
Materials Specialist
3,433.33
3,609.79
3,795.33
3,990.41
4,195.54
‐
‐
COLA year 1 (2%)
68.67 72.20
75.91 79.81
83.91 ‐
‐
MA year 1 (2.96%)
101.63
106.85
112.34
118.12
124.19
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
3,603.62
3,788.84
3,983.58
4,188.33
4,403.64
‐
‐
COLA year 2 (2%)
72.07 75.78
79.67 83.77
88.07 ‐
‐
MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
3,675.70
3,864.61
4,063.25
4,272.10
4,491.71
‐
‐
COLA year 3 (2%)
73.51 77.29
81.26 85.44
89.83 ‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
3,749.21
3,941.90
4,144.51
4,357.54
4,581.55
‐
‐
COLA year 4 (2%)
74.98 78.84
82.89 87.15
91.63 ‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
3,824.19
4,020.74
4,227.41
4,444.69
4,673.18
‐
‐
Senior Electrician
5,205.76
5,473.34
5,754.67
6,050.44
6,361.42
‐
‐
COLA year 1 (2%)
104.12
109.47
115.09
121.01
127.23
‐
‐
MA year 1 (8%)
416.46
437.87
460.37
484.04
508.91
‐
‐
Year 1 ‐ With COLA and Market
Adjustment
5,726.34
6,020.67
6,330.14
6,655.48
6,997.56
‐
‐
COLA year 2 (2%)
114.53
120.41
126.60
133.11
139.95
‐
‐
ATTACHMENT B
441
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 202319 – JUNE 30, 202623
CITY OF STOCKTON 53
MA year 2 (6.59%)
343.06
360.69
379.23
398.72
419.22
‐
‐
Year 2 ‐ With COLA and Market
Adjustment
6,183.92
6,501.78
6,835.97
7,187.32
7,556.73
‐
‐
COLA year 3 (2%)
123.68
130.04
136.72
143.75
151.13
‐
‐
MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
6,307.60
6,631.82
6,972.69
7,331.06
7,707.87
‐
‐
COLA year 4 (2%)
126.15
132.64
139.45
146.62
154.16
‐
‐
MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
6,433.75
6,764.45
7,112.15
7,477.69
7,862.02
‐
‐
Tree Worker
3,049.87
3,206.68
3,371.49
3,544.76
3,726.98
3,918.51
4,119.96
COLA year 1 (2%)
61.00 64.13
67.43 70.90
74.54 78.37
82.40 MA year 1 (1.26%)
38.43 40.40
42.48 44.66
46.96 49.37
51.91 Year 1 ‐ With COLA and Market
Adjustment
3,149.30
3,311.22
3,481.40
3,660.32
3,848.48
4,046.25
4,254.27
COLA year 2 (2%)
62.99 66.22
69.63 73.21
76.97 80.93
85.09 MA year 2 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 2 ‐ With COLA
3,212.28
3,377.44
3,551.03
3,733.53
3,925.45
4,127.18
4,339.36
COLA year 3 (2%)
64.25 67.55
71.02 74.67
78.51 82.54
86.79 MA year 3 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 3 ‐ With COLA
3,276.53
3,444.99
3,622.05
3,808.20
4,003.96
4,209.72
4,426.14
COLA year 4 (2%)
65.53 68.90
72.44 76.16
80.08 84.19
88.52 MA year 4 (0%)
‐
‐
‐
‐
‐
‐
‐
Year 4 ‐ With COLA
3,342.06
3,513.89
3,694.49
3,884.36
4,084.04
4,293.92
4,514.67
ATTACHMENT B
442
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE OPERATING ENGINEERS’ LOCAL 3 (OE3) TO
INCLUDE THE OPERATIONS AND MAINTENANCE (O&M) UNIT, AND THE TRADES
AND MAINTENANCE (T&M) UNIT
The H uman Resources Department along with the negotiating team, met and conferred with officials of the Operations and Maintenance (O&M) and Trades and Maintenance (T&M) units and reached a tentative agreement for a successor Memoranda of Understanding, and reduced the agreement to writing . On March 20, 2024, the City reached a tentative agreement on success or MOUs with O&M and T&M. The O&M and T&M units ratified the agreement on March 28, 2024 by a majority vote of their members; and
The City of Stockton, and the O&M and T&M units completed their meet and confer obligation regarding their successor Memoranda of Understanding; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Memoranda of Understanding between the City of Stockton, the O&M, and T&M is attached hereto as Exhibits 1 and 2 and incorporated by this reference.
2. The City Manager is hereby authorized and directed to execute the Memoranda of Understanding to be effective July 1, 2023.
3. The City Manager is hereby authorized and directed to increase expenditure appropriations in the annual budget for Fiscal Year 2023-2024, as necessary to carry out the intent of the O&M and T&M agreements, as shown in Exhibit 3.
//
//
//
//
//
//
//
//
//
//
//
//
443
4. The City Manager and the Employee Relations Officer are authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this resolution.
PASSED, APPROVED and ADOPTED April 16, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
444
CITY OF STOCKTON
MEMORANDUM OF UNDERSTANDING
OP
ERATIONS AND MAINTENANCE UNIT
MUNICIPAL UTILITIES DEPARTMENT
Operat
ing Engineers' Local 3, AFL-CIO and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit identified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
Thi
s Memorandum of Understanding (MOU) is entered into pursuant to the Meyer s- Milias-Brown Act (Government Code sections 3500-3510) and has been jointly prepared by the parties.
Th
is MOU shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and benefit adjustments for the period commencing July 1, 2023 and ending June 30, 2026.
EXHIBIT 1
445
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2023 - JUNE 30, 2026
CITY OF STOCKTON
TABLE OF CONTENTS
Section 1. Recognition .............................................................................................................. 1 Section 2. Union Rights ............................................................................................................. 1 Section 3. Compliance with Federal Laws/Safety ...................................................................... 4 Section 4. Probation .................................................................................................................. 5 Section 5. Layoff ....................................................................................................................... 6 Section 6. Reemployment ......................................................................................................... 8 Section 7. Discipline .................................................................................................................. 9 Section 8. Grievance Procedures .............................................................................................10 Section 9. Leaves ....................................................................................................................13 Section 10. Days and Hours of Work .......................................................................................22 Section 11. Overtime ................................................................................................................23 Section 12. Holidays ................................................................................................................26 Section 13. Compensation and Allowance Other Than Base Salary ........................................28 Section 14. Insurance Plans and Retirement Benefits ..............................................................33 Section 15. Salaries .................................................................................................................36 Section 16. Severability of Provisions ......................................................................................42 Section 17. Past Practices and Existing Memoranda of Understanding ...................................42 Section 18. Scope of Agreement .............................................................................................. 42 Section 19. Duration of Agreement ..........................................................................................43 Sect
ion 20. Maintenance of Operations/City Rights ................................................................. 43 Section 21. GPS Devices in City Vehicles ................................................................................43 Appendix B. Side-Letter of Agreement Exhibit A & B Employees .............................................45 Appendix C. Side-Letter of Agreement Longevity Incentive ......................................................52 EXHIBIT 1
446
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2023 - JUNE 30, 2026
CITY OF STOCKTON 1
Section 1. Recognition
Operating Engineers' Local 3, AFL- CIO, hereinafter referred to as the "Union," is the recognized employee organization for the Operations and Maintenance (O&M) Unit, certified pursuant to the Employer -Employee Relations Ordinance (Stockton Municipal Code §§ 2-200, et seq.).
Section 2. Union Rights
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, t he parties agree to the following process for making, cancelling, 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 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, as certified in writing by the Union to the City, and pay such amounts to the Union.
1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
7. Deduction notification will be provided to [email protected]
8. Changes and/or cancellations received by the City prior to the 15 th of the
EXHIBIT 1
447
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2023 - JUNE 30, 2026
CITY OF STOCKTON 2
month will be processed no later than the first pay period of the second month. Example: The Union notifies the City on January 15 th , the deductions will be effective no later than the first full pay period in March.
The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision
The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 New Hire Employee Orientation and Information Requirem ents
(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire, a list containing the following information on file from the City’s Human Resources database system:
1. Name;
2. Job title;
3. Department;
4. Work location;
5. Personal cellular telephone numbers, including work and home;
6. Personal email addresses as provided by new hire employee; and
7. Home address.
The above information shall be updated and provided to the Union at least every thirty (30) days for all bargaining unit members.
2.3 Use of City Facilities
(a) The Union shall be allowed by the department in which it represents employees' use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department. The Union may submit to the City Employee Relations Officer written communications having to do with official Union business for distribution by the City to identified Union shop EXHIBIT 1
448
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2023 - JUNE 30, 2026
CITY OF STOCKTON 3
stewards. Distribution may be made by e-mail.
(b) Any representative of the Union shall give notice to the department head or designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Pre-arrangement for routine contact may be made with individual department heads and when made shall continue until revoked by the department head.
(c) City buildings and other facilities may be made available for use by City Employees of the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or depart - ment heads concerned.
2.4 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, resolution, rule , or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate if requested with the designated management representatives prior to adoption.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter , the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to said notice with the management representatives designated by the City Manager.
2.5 Attendance at Meetings by Employees
City employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with City management representatives where matters within the scope of representation or grievances are being considered. Such employee representatives shall submit a request for an excused absence to their respective department heads in a manner satisfactory prior to the scheduled meeting whenever possible. Time spent for these purposes while a representative is not scheduled to work shall not be compensated by the City and shall not be considered as hours worked. Except by mutual agreement, the number of the employees excused for such purposes shall not exceed five (5) per recognized bargaining unit. For MOU negotiation meetings, the number of employees excused for such purposes shall not exceed six (6) per recognized bargaining unit.
EXHIBIT 1
449
OPERATIONS AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2023 - JUNE 30, 2026
CITY OF STOCKTON 4
O&M Time Bank. Upon request by O&M once per calendar year, each employee covered by this MOU must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by O&M officers, directors, and members for O&M business that occurs during normal work hours, for which paid release time does not apply. Time bank hours used will not be considered as hours worked.
The use of O&M Time Bank must be authorized by an O&M Officer, or O&M director. Members must submit the time- off request in advance and receive supervisor approval to attend O&M business that occurs during normal work hours.
The total amount of release time in the bank, including any carryover, will at no time exceed five hundred (500) hours. The City’s administration and processing of these contributions will be implemented as soon as administratively possible after ratification of this MOU. This time bank may be used by representatives who attend new hire orientations at the City. The City will provide the Union current time bank balance in February and August of each calendar year.
2.6 Maintenance of Membership
All employees in the O&M unit who are members of the Union, tendering periodic dues at the execution of this agreement, and all employees who thereafter become members of the Union shall, as a condition of employment, pay dues to the Union for the duration of this MOU , and each year thereafter. For a period of thirty (30) days prior to January 1, 2009, and thirty (30) days prior to any January 1, thereafter, any employee in the aforementioned unit who is a member of the Union shall have the right to withdraw from the Union discontinuing dues payments and retain employment in the City . Said withdrawal shall be communicated by the employee in writing to the City. The provisions of this section shall be operative only to the extent that they are permissible under California law.
2.7 Assignment of Classifications
New job classifications established by the City shall be assigned to the bargaining unit pursuant to section 8 (b) of the City's Employer -Employee Relations Resolution after providing notice and the opportunity to consult with the Union regarding such matters.
2.8 Contract Ratification
Ratification votes for Contract will be handled on City time during the day.
Section 3. Compliance with Federal Laws/Safety
3.1 Non-Discrimination. The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex EXHIBIT 1
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(gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate union activity, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment.
3.2 Fair Labor Standards Act. The Union agrees to cooperate with the City to ens ure its members' compliance with the provisions of the Fair Labor Standards Act (FLSA).
3.3 Safety.
The Union shall cooperate with the City in promoting safety objectives as defined in Federal, State, and local regulations by actively supporting safety programs, promoting safe work habits of members , and encouraging an ongoing, active participation by its members in safety -related procedures and practices as offered and promulgated by the City of Stockton.
Section 4. Probation
4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employee whose performance does not meet the required standards of work.
4.2 Original Entrance and Promotional Positions
All original appointments shall be tentative and subject to a probationary period of one (1) year with a review completed after six ( 6) months from original appointment. Promotional appointments shall be subject to a probationary period of six ( 6) months. The probationary period for original and promotional appointments will not be extended.
4.3 Retention/Rejection of Probationer
At the end of the probationary period, if the service of the probationary employee has b
een satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or not regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probationary period shall not constitute a rejection of the probationer as defined in Civil Service Rules.
Dur
ing the probationary period an employee may be rejected at any tim e by the EXHIBIT 1
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appointing authority. Any employee rejected during the probat ionary period following a promotional appointment, shall be reinstated to the position from which promoted unless charges are filed and the employee is discharged in the manner provided in section 7 of this MOU and in the Civil Service Ordinance and Civil Service Rules, which are consistent therewith.
4.4 Alcohol and Drug Testing. All e
mployees hired into original and reemployed
appointments in safety-sensitive positions identified by the City must pass a drug and alcohol screening prior to being offered City employment. This shall include non-represented part-time, seasonal, provisional, and temporary appointments.
Section 5. Layoff
5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.
5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) City A ttorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) I nformation Technology
( 12) Municipal Utilities
( 13) Police
( 14) Public Works
5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
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5.4 Precedence by Employment Status
(a) No regular status employees shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories:
(1) extra help or seasonal
(2) provisional
(3) temporary
(4) probationary
Layoffs shall be by job classification according to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure part -time classes shall be considered as separate from regular full-time classes.
The following provisions shall apply in computing total continuous service:
(1) Time worked in a regular status or probationary
status shall count as service.
(2) Time spent on military leave shall count as
service in the event the leave was taken
subsequent to entry.
(3) Time worked in an extra help, seasonal,
provisional, temporary, grant or other limited
term status shall not count as service.
If two (2) or more employees have the same seniority, order of seniority shall be determined by their respective ranking on the eligibility list for hire.
If two (2) or more employees have the same seniority, but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.
If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.
(b) Any employee in the O&M U
nit who is laid off may complete a City
employment application for any position currently staffed by a part time, provisional, or temporary employee. The Human Resources Department will evaluate the employment application. If the laid off employee meets the minimum qualifications of that position, they shall have the option of displacing the part time, provisional, or temporary employee.
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5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b)
Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in the classification who has the least (total service) seniority.
5.6 Health and Welfare Benefits during Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty -six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
Section 6. Reemployment
(a) The name of each employee who is laid off in accordance with section 5 shall be placed at the head of the eligibility list for the class of positions which that employee held, and shall be given preference in filling vacancies in that class.
(b) An employee laid off in accordance with this section shall be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This right of a laid off employee shall remain effective for two (2) years from the date of latest separation from the service. The employee shall not be placed on said eligibility list or lists without first submitting a written request. Employee's place on said list or lists shall be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and shall be given preference in filling vacancies except for those persons placed on said list or lists of reemployment in the same positions previously held. An employee who waives reemployment to a full time position thre e (3) times shall have their name removed from this reemployment list unless mutually agreed to by the Department and employee.
Upon certification for appointment to a new position never having been held by this employee, the probationary period must be completed as required in this MOU.
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Section 7. Discipline
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.
7.1 Pre-d
isciplinary Rights
An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:
(a) Notice of proposed discipline.
(b) Date(s) proposed discipline will be effective.
(c) Reasons for the proposed discipline, the specific grounds and particular facts upon which the action is taken.
(d) Seven (7) calendar days in which an employee or the representative may respond either orally or in writing to the department head.
(e) The employee must be provided with any written materials, reports and documents upon which the action is based.
7.2 Administrative Leave
The City may place an employee on administrative leave pending the completion of the pre-disciplinary process.
7.3 Provisions
The appointing authority may discharge, suspend or demote any employee in the classified service provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted or dis- charged to appeal such action. The employee may take only one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) calendar days of written notification of the action. (Such filing will foreclose use of the grievance procedure.)
(c) File a grievance as provided for in s ection 8 within ten (10) calendar days of written notification of the action.
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If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
All verbal reprimands and written reprimands shall be removed from the employee’s record after a period of one (1) year if there has been no reoccurrence of the infraction and the employee has a good work record. All other disciplinary records shall be removed from an employee’s work record after two (2) years if there has been no reoccurrence of the infraction and the employee has a good work record.
Section 8. Grievance Procedures
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process. Day – shall mean day(s) in which the City’s Human Resources Office is open for business.
8.2 Filing Deadline
(a) No grievance involving demotion, suspension, discharge or other em
ployment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) working days from the time the employee knew or had reason to know of the facts giving rise to the grievance.
(b)
With written consent of the City Manager or their designee and the Union Business Agent or their designee, time limits may be extended and/or Steps 1, 2 and/or 3 of the Grievance Procedure waived.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within twenty (20) working days from the day of presentation or if the employee elects to submit the grievance directly to the Union recognized as the representative of that employee's classification, or if the employee/Union official notifies the Director of Human Resources, in writing, that a grievance exists, EXHIBIT 1
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the procedure hereinafter specified may be invoked. An email will suffice as a formal submission of a Step one (1) Grievance. The Union agrees to state in the subject line of the email “Grievance.”
(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step one (1), then the employee may appeal the grievance to the Director of Human Resources within twenty (20) working days of the receipt of written response at Step one (1). Such appeal must state with particularity: 1) the specific policy, rule or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Union may file and process grievance(s) on behalf of the specifically named employee. The Director of Human Resources shall have twenty (20) working days to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step
3 - Arbitration. If the parties are unable to reach a mutually satisfactory accord on the grievance at Step two (2), within twenty (20) calendar days either the Union or the City may require that the grievance be referred to an impartial arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service.
The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(d) Effect of Decision.
Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided other wise herein.
8.4 Scope of Arbitration
(a) No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in paragraph 8.1.
(b) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this Section shall have the power to amend or modify this EXHIBIT 1
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MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Director of Human Resources and the Union.
8.5 Other Provisions
If the Director of Human Resources or City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complai ned of, the arbitrator may not substitute his judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City.
Com
plaints which allege the employee is not being compensated in accordance with the provisions of this MOU shall be considered as grievances and processed pursuant to section 8.3. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) calendar days from the date upon which the complaint was filed.
Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.
A grievant will be provided release time without loss of pay for all required meetings with management. The City cannot discriminate or retaliate in any manner against an employee for filing a grievance or exercising rights under this section.
The provisions of this section shall not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administered in a manner which would abrogate any power which, under the Stockton Municipal Code, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in units represented by the Union shall be processed under this section. If the Stockton Municipal Code and/or the Civil Service Rules and Regulations requires that a differing option be available to the employee, no action under paragraph (c) of Subsection 8.3 above shall be taken unless it is determined that the employee is not utilizing such option.
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No action under paragraph (c) 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 ar bitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
Section 9. Leaves
9.1 Vacation Leaves
All regular status employees, excluding provisional , temporary, and part -time employees, shall accrue vacation leave with pay in accordance with the following schedules:
(a) Vacation - FLSA Non-Exempt employees shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than one and one- half (1- 1/2) years continuous employment .............................................................. 80 hours/year.
(2) After one and one- half (1-1/2) to seven and one- half (7-1/2) years continuous employment ................................ 108 hours/year.
(3) After seven and one- half (7- 1/2) to fifteen (15) years continuous employment ......................................... 144 hours/year.
(4) After fifteen (15) to twenty -five (25) years continuous employment ............................................................ 189 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a per pay period basis.
(b) FLSA Non -E
xempt Employees Maximum Vacation Accrual . Employees
reaching the maximum hours shall stop accruing additional hours until they are below the caps listed below. No vacation hours maybe added to sick leave and balances.
The m
aximum number of vacation hours that FLSA non- exempt employees shall accrue are as follows:
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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 plus 7 hours each additional year
(b) Vacation - FLSA Exempt employees shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than one and one-half (1-1/2) years continuous employment……………………………………………….120
hours/year.
(2) After one and one-half (1-1/2) up to seven and one-half (7-1/2) years continuous employment………………………...148
hours/year.
(3) After seven and one-half (7-1/2) up to fifteen (15) years continuous employment……………………………188 hours/year.
(4) After fifteen ( 15) up to twenty-five ( 25) years continuous employment…………………………………………..229 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a per pay period basis.
(d) FLSA Exempt Employees Maximum Vacation Accrual. Employees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave.
The maximum number of vacation hours that FLSA exempt employees shall accrue are as follows:
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
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27 years 424 hours
28 years plus 7 hours each additional year
(e) Vacation Scheduling. Vacation leaves shall be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of the City business. Vacation requests are accepted on a day for day basis.
(f) Holiday during Vacation. If any such paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(g) Vacation Cash Out Upon Separation
An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
9.2 Sick Leav
e
(a) Accrual . A ll regular status full-time employees, except provisional , andtemporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
Al
l regular status employees, except provisional , and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of the hours accrued, described as:
Pr
eventive medical, dental, optical care, illness, injury or exposure to contagious disease which incapacitates the employee from performing normal work duties.
This includes disabilities caused or contributed by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.
(c) Family Sick Leave .
Employees may utilize up to one- half (1/2) of their
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annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care that otherwise would not be covered by the Family Medical Leave Act ( FMLA) or the California Family Rights Act (CFRA) leaves.
Such leave shall be restricted to the employee's parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent and grandchild, legal dependent, registered domestic partner , and “designated person. ” For purposes of paid sick leave, a “designated person” means a “person identified by the employee at the time the employee requests paid sick leave.” An employee may select one (1) person as a “designated person” in a twelve (12) month period.
In special cases, with the approval of the Director of Human Resources, a department head may grant the use of sick leave in other circumstances.
It is not the intent of this provision to conflict with any state or federally mandated policies, such as FMLA, CFRA, or Pregnancy Disability Leave (PDL).
(d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence (for example, including but not limited to scheduled medical, dental or vision appointments), the employee shall request authorization for such sick leave from the department head prior to such absence.
If
an employee is not able to report due to illness or injury, the employee shall report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the work day, except for extenuating circumstances prohibiting giving notice. Each Supervisor will have the authority to identify acceptable forms of sick leave notification and will provide acceptable forms of sick leave notification in writing to employees; however, at all times the employee must contact their direct supervisor directly when not able to report to work. If the employee’s direct supervisor is unavailable, the employee must contact the next-level supervisor.
Failure to notify as soon as possible and in conforming to the thirty (30) minute notification shall be cause for the following disciplinary action:
(1) For the first time within a six (6) month period, a Memorandum of Discussion.
(2) For the second time within a six (6) month period, a Letter of Reprimand.
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suspension from work; or at any time four (4) or more
incidents occur within a six (6) month period, the employee may be discharged.
The six (6) month period will be defined as six (6) months from the most recent incident. If no other incident occurs within six (6) months of the most recent incident, the disciplinary data will be removed from the employee’s active file.
(e) Verification Procedures
(1) Before being paid for the use of accrued sick leave, the employee shall submit a request for sick leave form, stating the dates and hours of absence, and the type of sick leave being requested such as sick leave for self, family member and/or FMLA.
(2) Doctor's Certificate or Other Proof . T
he Director of Human
Resources may require a doctor’s certificate or other reasonable proof of illness as they deem necessary 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 they will be required to provide such documentation. Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for more than three (3) consecutive days, a doctor’s certificate or other reasonable proof of illness may be required. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(3)
If the City has a reasonable basis to believe that an employee is abusing the sick leave benefit, the City or the employee's supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed abuse, and 2) discuss the reasons for the employee's absence.
The employee has the right to Union representation at such meeting. After such meeting, and depending on the factual circumstances, the City may:
(a) Place the employee on restricted sick leave for a period of
not more than four (4) months, under the direction of the Director of Human Resources pursuant to section (e)(2) above;
(b)
Suspend the employee without pay for up to five (5)
days for abuse of sick leave; or dismissal from employment if a prior suspension involved abuse of sick leave;
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(c) Place the employee in an employee assistance
program, if agreed to by the employee.
(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1)
Was hospitalized during the period for which sick leave is claimed, or
(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave for Unit Employees. E ffective February 17,
2012, all accumulated or future accruals of sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(h) CalPERS Service Credit for Unused Sick Leave. E mployees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired on or after December 29, 2012 shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit. I
f, after subtracting the equivalent of one (1)
full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1)
Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at thirty five percent ( 35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012 shall be paid at fifty percent (50%) of its cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
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9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request , be granted up to three (3) days bereavement leave with pay without charge to their accumulated sick leave or annual leave. The employee shall, upon request, be granted an additional two (2) days bereavement leave which shall be charged against the employee's accumulated sick leave or annual leave. For the purposes of this paragraph, the immediate family shall be restricted to the employee’s parents, spouse, mother-in- law, father -in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, grandchild, and registered domestic partner.
In t
he event of the death of a person not immediately related to an employee as defined above, the employee's department head may grant up to three (3) days bereavement leave, upon request, which shall be charged against the employee's accumulated sick leave or annual leave. If the deceased is the person who is the employee’s current “designated person” for purposes of family sick leave pursuant to Section 9.2(c), the request to us e sick leave or annual leave shall not be unreasonably denied.
(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
Sai
d absence from duty including necessary travel time, will be for actual hours served on jury duty or testif ying as a witness in a criminal case, other than as a defendant. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work their usual morning schedule.
If an employee is required to appear for a morning court session and is sent home before noon and not required to return in the afternoon, the employee will be expected to work his usual afternoon schedule.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City through the employee's department head.
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Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of the section.
(c) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.
Al
l regular status employees in the service of the City shall be allowed a leave of absence without pay for duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the position they held when they were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary employee having served a minimum probationary period of six (6) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.
All probationary employees inducted into Military Service not having served the minimum probationary period of six (6) months, or having served the minimum probationary period of six (6) months, but not having received regular status shall be allowed a leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular status employee.
Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
9.4 Workers' Compensation Leave
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disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers' Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures .
Workers’ compensation processing shall be
consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work -related injury or illness shall immediately inform their supervisor no matter how minor an on- the- job injury may appear. An employee who sustains a work -related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre- designation of personal physician prior to sustaining the work - related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources department.
9.5 Leave of
Absence Without Pay
(a) Entitlement. Employees shall not be entitled to a leave of absence without pay as a matter of right, but only upon the determination of the City that the granting of such leave is in the best interest of public service and that there is a presumption the employee intends to return to work upon the expiration of the leave of absence.
Leaves of absence are subject to eligibility in accordance with state and federal guidelines. The granting of a leave of absence provides the employee the right to return to the position vacated.
(b) Approval.
All leaves of absence without pay must be recommended by the department head and approved by the Director of Human Resources. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service, or in the event an application for service connected disability retirement has been filed.
(c) A
ll leaves without pay must be recommended by the department head and approved by the Director of Human Resources. Leaves of absence approved in accordance with state and federal guidelines may be taken without pay for illness following the exhaustion of entitlement of sick, vacation, and other accrued leave hours.
9.6 Absence Without Official Leave (AWOL)
(a) Refusal of Leave or Failure to Return after Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled, or at the expiration of a leave, shall be considered an absence without official leave.
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(b) Voluntary Resignation. Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton. An employee must provide a written statement to the Human Resources Department regarding a "satisfactory explanation", within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee's last known address.
Section 10. Days and Hours of Work
10.1 Workweek
The normal work week for employees is defined as either the traditional work week consisting of eight (8) hours per day , five (5) days per week ; the alternate 9/80 work schedule consisting of 9 hour work days Monday through Thursday, 8 hour workday on Friday with every other Friday off; or the twelve (12) hour workday shift schedule. Employees assigned to the eight ( 8) hour and twelve ( 12) hour schedules have a defined work week that starts at 12:00 a.m. Sunday through 11:59 p.m. Saturday; the 9/80 schedule work week starts mid-shift Friday through the following mid -shift Friday. Where operational requirements of a department require deviations from these schedules, the department head with City Manager approval may institute alternate work schedules as long as the City meets with the Union over the impact of such schedules and conforms to work period requirements of the FLSA. Twelve (12) hour workday employees are not set up in the City’s payroll system as “salaried” and therefore are paid for actual hours worked each pay period (i.e. no salary adjustment); however when the City implements its new payroll system, all employees may be paid for actual hours worked each pay period only (i.e. no more salary adjustment).
10.2 Meal Periods and Rest Periods
(a) Employees shall receive a one (1) hour or one half-hour (1/2) meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the work day and a second fifteen (15) minute paid rest period during the second half of the work day. Employees who exceed the time limits prescribed above for lunch and/or rest periods shall have their pay reduced accordingly.
(b) Where operational requirements of a department require deviations from this schedule, meal periods of other durations and alternate rest periods may be instituted with the approval of the Department Head or Designee.
10.3 Reporting to Work
Repeated failure to report to work on time may result in appropriate discipline as set forth below:
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(a) For the first time in a six (6) month period, a Memorandum of Discussion.
(b) For the second time within a six (6) month period, a Letter of Reprimand.
(c) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more incidents occur within a six (6) month period, the employee may be discharged.
If an employee reports to the work site after the designated starting time, the employee will be paid only for time actually worked; however, the employee may be allowed to utilize annual leave for lost pay, provided the employee's supervisor approves.
Any Memorandum of Discussion or Letter of Reprimand regarding tardiness which is more than six (6) months old will be removed from the personnel file upon request.
Section 11. Overtime
11.1 Overtime Authorization
All compensable overtime m ust be authorized by the department head or their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.
11.2 Definition
The following provisions pertaining to authorized or statutorily required overtime work shall apply to non- FLSA exempt employees.
(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one- half (1-1/2) including employees employed on a per hour or per day basis or except as provided elsewhere herein. Observed holidays, floating holidays, jury duty leave, bereavement leave, and sick leave hours taken shall be considered as time worked for overtime calculation purposes. Vacation, or other compensated time off shall not be considered as actual time worked.
(b) On a holiday observed by the City an employee who is not regularly scheduled to work holidays shall be paid for a regular work day (pursuant to holiday benefit under section 12) plus time and one -half (1-1/2) for actual time worked including employees employed on a per hour or per day basis, or except as EXHIBIT 1
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provided elsewhere herein.
(c) The City may require mandatory overtime when operational needs exist and if the City dictate s the need to work such overtime. Work in excess of forty (40) hours worked as defined in (a) above in any workweek that qualifies for overtime will be paid or taken as Compensatory Time-off (CTO) in accordance with section
11.5(b).
(d) Notwithstanding subparagraph “(a)” above, effective September 1, 2024 and continuing for a period of twelve (12) months, vacation leave taken within the work period shall also count as actual time worked. The parties agree that the cost value of this modification is approximately zero point three percent (0.3%) of salary for the bargaining unit and is funded by the delay in the 2023 COLA. This pilot program will sunset at the end of twelve (12) months. However, during the pilot program, the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modifications to or continuation of this structure as part of successor contract negotiations.
(e) Temporary Upgrade Pay. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed to, will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
11.3 Standby Duty
When warranted and in the interest of City operation, department heads or their designee may assign employees to "standby" status.
(a) Application of "standby" shall be as follows:
(1) Each employee so assigned to "standby" shall be provided with a communication device while on standby and shall be able to report to the work site with best efforts within thirty ( 30) minutes; in no event longer than forty-five (45) minutes. Employees on Standby shall ensure that they are available and able to return to work to perform their assigned duties.
(2) Employees on standby shall have the option to trade hours of standby status with another qualified employee in the same unit or division with departmental approval.
(3) Standby shall be assigned in a minimum of eight (8) hour blocks., i.e., Monday - Friday work week standby can be eight ( 8), sixteen (16), twenty-four (24) hour blocks. The block of standby will be to one (1) person per a twenty-four (24) hour period.
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Standby for weekends i.e., Saturday, Sunday or extended holiday weekends (Friday – Sunday, or Saturday – Monday) will be assigned 8 - 48 hour blocks to one (1) person per weekend (up to seventy -two (72) hours for holiday weekend).
(b) Compensation of "standby" shall be as follows:
(1) E ffective May 1, 2024, employees assigned to standby duty shall be paid four dollars ($4.00) per hour while assigned to be on standby. An employee shall earn time and one- half (1 -1/2) for all actual time worked while on standby duty status only if eligible for overtime as defined in section 11.2 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 work performed” for purposes of calculating overtime.
11.4 Call Back
Employees called back to work from off duty status, shall be compensated for a minimum of two (2) hours and forty -five (45) minutes pay at time and one- half (1- 1/2) or actual time worked at time and one- half (1-1/2), if eligible for overtime as defined in section 11.2, above, whichever is greater.
When authorized by the department, employees who are contacted and who provide remote support via telephone, Internet, or network connection will be paid time and one-half (
1-1/2)) for time worked in fifteen (15) minute intervals, if eligible for overtime as defined in section 11 .2 above. Intervals cannot be compounded or overlapped.
To be eligible for call-back pay, both of the following conditions must be met:
(a) The call -back must occur outside of the employee’s regular work hours; including overtime.
(b) The call-back time worked must not be contiguous to the employee’s regular work hours; including overtime.
(c) An employee is ineligible to receive a premium for both standby and call back. For example, employees shall not receive standby pay for hours in which they are paid overtime or call back pay.
11.5 C
ompensatory Time
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(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.
(b) Accrual . F
or hours worked in excess of forty (40) hours in a seven (7) day work period as defined in section 11.2(a), Compensatory Time may be earned at the rate of time and one-half (1-1/2). No more than one hundred (100) hours (forty [40] hours worked at time and one-half [1-1/2]) may be carried on the books at any time.
(c) Use. Use of Compensatory Time shall be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of requests for use of Compensatory Time shall be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Payment. On
ce one hundred ( 100) 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 CTO will be carried forward (40 hours maximum), unless the employee elects to have the compensatory balance paid.
Carryover CTO cannot exceed the forty (40) hours maximum.
Any CTO balance in excess of forty (40) hours remaining at the end of the calendar year will automatically be paid to the employee.
11.6 M
eal Allowance
The City shall provide a meal allowance of fifteen dollars and no cents ($15.00) for an employee who is held over and works a minimum of four (4) hours.
Employees called back to work or called back from a day off with less than two (2) hours’ notice shall qualify for the f ifteen dollars and no cents ($15.00) meal allowance when they work a minimum of four (4) hours. Extension of the work schedule or call -back must be properly authorized by the employee's supervisor or other designated personnel.
Section 12. Holidays
12.1 Qualifying for Holiday Pay
All regular status employees, excluding provisional , temporary, and part -time employees, shall be entitled to the holiday benefit at full pay not to exceed the employee’s regular work day for any one (1) holiday. For an employee working on EXHIBIT 1
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a 4/10, 9/80 or 12- hour work day plan, holidays shall be paid equivalent to the employee’s regularly scheduled work hours (e.g. 9 hours for 9- hour day or 8 hours on an 8- hour day on 9/80 schedule, or 12 hours of holiday pay for 12-hour shift).
12.2 Holidays Observed by the City
Effective upon 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 each of the below listed holidays. Unless otherwise provided in this section, the City observes the following holidays on the dates indicated:
(1) January 1………. ................................................................... . New Years' Day (2) Third Monday in January (FLOATING) ..........Martin Luther King Jr.'s Birthday (3) Second Monday in February (FLOATING) .......................... Lincoln's Birthday (4) Third Monday in February (FLOATING) ....................... Washington's Birthday (5) March 31 (FLOATING) ................................................Cesar Chavez Birthday (6) Last Monday in May ................................................................... Memorial Day (7) July 4 .................................................................................. Independence Day (8) First Monday in September .............................................................. Labor Day (9) Second Monday in October (FLOATING).................................. Columbus Day (10) November 11 ........................................................................... Veteran's Day (11) Fourth Thursday in November .................................................... Thanksgiving (12) The day following the day known as Thanksgiving
(13) December 25 ............................................................................ Christmas Day (14) Birthday Holiday
Floating holidays must be scheduled and used by December 31 st of each year and do not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. While the floating holiday leave hours will be available as of January 1
st each year, employees have not earned each of the
floating holidays until the actual holiday occurs; if an employee separates employment and has utilized more floating holiday hours than earned, the employee’s vacation or compensatory time hours will be charged for the same number of hours previously taken as floating holiday hours.
Birthday Holiday Leave. The department head with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days beginning on the day of the employee’s birthday.
For employees on a Monday through Friday workweek, if a fixed holiday falls on a Sunday, the following Monday will be observed. If holidays fall on a Saturday, the preceding Friday will be observed. For employees who work in a division staffed for twenty -four (24) hour operations, fixed holidays that fall on a Saturday or Sunday will be observed on Saturday or Sunday respectively.
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In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
An employee who takes a holiday off on a normally scheduled work day will receive a regular work day worth of holiday pay at their regular rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes. A holiday that falls on an employee’s normally scheduled day off will receive a regular work day worth of holiday pay at their regular rate of pay, however the holiday hours will not be counted as time worked. If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half (1-1/2)and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s normal work day).
12.3 Compensation for Holidays Worked
Prior approval for holiday work must be secured from the City Manager except in emergency situations where said approval cannot be obtained beforehand.
Section 13. Compensation and Allowance Other Than Base Salary
13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012.
(a) The City will pay seven percent (7%) of the employee's current base salary (employee's contribution) and other compensation as qualified by State law towards the Public Employees’ Retirement System (P.E.R.S.). Such amounts will be applied to the employee' s individual account in accordance with California Government Code section 20691 unless modified below.
(b) The City's P.E.R.S. retirement plan is two percent (2%) at age fifty-five (55).
(c) The City's P.E.R.S. retirement plan is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Military Service Credit for Retired Persons) effective upon adoption by Stockton City Council and Board Administration of the P.E.R.S.
(d) The City will provide P.E.R.S. California Government Code section 20692 (Employer Paid Member Contributions Converted to Payrate during the Final Compensation Period) as added P.E.R.S. benefits. At the beginning of the employee’s last year of employment, the employee will pay their employee’s seven percent (7%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same seven percent (7%) for the last twelve (12) months of employment. Internal Revenue Service (IRS) Code EXHIBIT 1
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414H(2) will be concurrently implemented with P.E.R.S. California Government Code section 20692, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.
The City will provide P.E.R.S. California Government Code section 20965 (Credit for Unused Sick Leave) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.
The City will provide P.E.R.S. California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.
The City will provide PERS California Government Code section 21335 up to a five percent (5%) Annual Cost-of-Living Allowance, as added PERS benefit.
(e) Effective August 1, 2011, in consideration of (a) above, employees hired on or before December 28, 2012 shall pay seven percent (7%) of the employee’s current base salary and (employee contribution) and other compensation as qualified by state law towards the Public Employees’ Retirement System (P.E.R.S.) towards employer’s share of cost for P.E.R.S. pension on a post -tax basis in the form of a payroll deduction. The City will seek an IRS private letter ruling to determine whether or not the IRS permits the employee’s contribution to the employer’s share of pension cost to be treated on a pre- tax basis. If the IRS issues a private letter ruling allowing employee’s contribution towards employer pension cost on a pre- tax basis, the City will change the deduction from post -tax to pre-tax as soon as administratively possible after the IRS final determination.
13.2 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012.
(a) The City amended its contract with P.E.R.S. effective December 28, 2012 to provide a new second tier retirement program of two percent (2%) at sixty ( 60) with three (3) year average salary formula and no other additional P.E.R.S. benefits for all unit employees hired on or after December 29, 2012.
(b) Employees hired on or after December 29, 2012 shall pay the entire seven percent (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualified by state law towards P.E.R.S. retirement benefit through a payroll deduction.
13.3 PERS Benefits for Employees hired on or after December 29, 2012 (a) Employees with Reciprocity:
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Employees hired on or after December 29, 2012, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of two percent (2%) at sixty (60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employee’s shall pay the entire seven percent (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualified by state law towards P.E.R.S. retirement benefit through a payroll deduction.
(b) Employees without Reciprocity:
Employees hired on or after January 1, 2013, shall be subject to the PERS AB340 pension formula of two percent ( 2%) at sixty-two (62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent ( 50%) of the City’s normal cost rate for the two percent (2%) at sixty-two (62) as determined by CalPERS.
13.4 Un
iforms
(a) The City shall provide uniforms for all employees assigned to this unit who are required to wear uniforms during the course of work.
(b) Safety Protective Footwear Reimbursement A l
lowance. Effective July 1,
2024, for employees required to wear safety protective footwear in accordance with the City Manager’s Administrative Directive HR-34, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of two hundred and fifty dollars ($250.00) as needed and approved by the employee’s supervisor and department head.
Employees shall be allowed to use any unused funds towards the purchase of insoles and socks.
13.5 P
reventive Shots
Employees in the Municipal Utilities Department (MUD) whose work assignments involve potential exposure to hazardous waste water shall, at the employee's option, be provided all necessary medical immunization available for the prevention of job incurred illness.
13.6 S
pecial Driver's License Pay
Job classifications requiring a Class A and/or Class B Driver's License or Hazmat endorsement will receive special pay equal to one and one- half percent (1-1/2%) of top step of job classification.
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Special Driver's License Pay will only be implemented with the concurrent implementation of the Operating Engineers' Local No. 3 - City of Stockton, Drug/Alcohol Safety Program.
13.7 Lon
gevity Pay
Effective August 1, 2011, longevity pay shall be eliminated. However, the City shall grandfather only those employees who complete twelve (12) continuous years of service with the City as of July 1 , 2012, with two and one -half percent (2.5%) of top salary step of the employee’s pay range to the employee as a longevity incentive pay allowance. As of July 1, 2012, longevity incentive pay allowance for these grandfathered employees shall be reduced to one and one- half percent (1.5%).
13.8 Cr
edit Union
The City will accommodate payroll deduction s to Operating Engineers' Local No. 3 Credit Union, within the limitations of City payroll system. Any modification costs will be borne by Operating Engineers' Local No. 3.
13.9 E
ducation, Training and Development .
The City will provide internal and external training programs on a wide variety of subjects. Employee participation will be based on subject matter relevance to job requirements, budgetary constraints and workload demands . Any Training programs that employees are directed or authorized to participate by their department will be fully paid for by the department. Costs paid by the City include tuition, registration fees, related materials, and mileage/meal reimbursement if the training is not located on City premises.
13.10 C
ertification, Certification Training and Special Certifications
(a) Certification dues or fees required of employees in their specialized fields of work will be reimbursed by the City at the actual costs. Pre-approved training(s) to maintain a job-related certification will be paid at one hundred percent (100%) by the City. The City will pay for two (2) attempts at passing the test. The City will reimburse employees for the costs of obtaining and maintaining certifications that are required pursuant to their job specification/job description. Reimbursement for the cost of obtaining and maintaining memberships and certifications that are identified as “desired” in a job description/specification, or are not identified at all, is at the discretion of the department head.
(b) The City will offer a one-time add pay off the salary line for employees who receive State certification for Water, Wastewater, Water Distribution, or CWEA. All employees are eligible to obtain certification in Water and Wastewater.
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Water,
Wastewater
Water Distribution CWEA One Time
Add Pay
5 4 and 5 4 $1,000.00
4 3 3 $750.00
3 2 2 $200.00
2 1 1 $150.00
1 $100.00
A maximum of two (2) certification levels will be paid by the City in a calendar year to any one (1) employee. Certifications (at State specific levels) will be required for some positions. Loss of certifications shall result in the employee being demoted to the level according to their certification level. The employee will be moved back to their former level if they obtained the necessary certification within twelve ( 12) months. Any employee who loses or is denied a certification shall notify their supervisor within seven (7) calendar days, and shall submit a copy of any notice received from the state or any other agency.
(c) Add on pays will be issued to employees with the following special certifications up to a maximum of eight (8) Crane Operators:
Crane $1.75
Backflow $1.00
(d) An employee assigned to the wastewater, water treatment, water production and water distribution function in the operator series who receives and maintains a level 4 or 5 Wastew ater, water treatment, water production and water distribution Operator Certification will receive the following quarterly amounts added to their monthly paychecks for each grade level certification above a grade 3 certification that exceeds the certification level required for the position held. Any employee receiving such certification pay will perform duties authorized by such certification level as required when necessary due to operational needs.
One level above
required certification
level
$1,000.00
Two levels above
required certification
level
$2,000.00
As of June 30, 2014, any current employee who is receiving this certification pay who does not meet the requirement of being within the operator series of classifications shall be grandfathered in to continue receiving such add pay as long as other requirements are met as described above. Effective July 1, 2014 , no additional employees shall receive this certification pay unless all requirements EXHIBIT 1
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above are met. In addition, any current employees who are receiving this certification pay based upon a certification level which is required for the position held shall have this certification pay reduced accordingly.
(e) Employees who are employed in the classification of Water/Sewer Equipment Operator and possess a Grade D1 Distribution Operator Certificate issued by the California Department of Health Services shall receive an additional three percent (3%) of base pay.
Section 14. Insurance Plans and Retirement Benefits
14.0 Reopener Clause for Health Insurance
(a) The Union agrees at the City’s request, to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).
(b) The City agrees at the request of the O&M Unit to meet and confer regarding employer benefits and premium contributions should medical/dental/vision insurance premiums for employee- only, employee plus one (1) dependent or employee plus family increase by more than four percent (4%) in any one (1) plan year.
14.1 Health and Welfare Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental and vision plans or Operating Engineer Health and Welfare Trust Fund Plan ( Anthem Plans A, B, C, and D, and Kaiser Plans A , B, and A+ ). The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility.
Employees shall become eligible for Medical, Dental and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or her dependent cannot be covered by more than one City-offered health plan).
(c) C
ity Contribution towards the cost of insurance programs.
1) Effective May 1, 2024, City shall contribute the following:
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• The City shall contribute up to $711.00 per month toward the cost of the monthly premium for employee- only medical/dental/vision plan coverage.
• The City shall contribute up to $1,290.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• The City shall contribute up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
2) Effective July 1, 2024, City shall contribute the following:
• Up to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
3) Effective July 1, 2025, City shall contribute the following:
• Up to $740.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,342.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $1,788.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
These contributions are based on full -time employment; regular part -time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City’s monthly contribution shall be paid by the employee through payroll EXHIBIT 1
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deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/visions/dental to be pre-tax premium conversion.
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical , vision and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
(e) Employees that promote, demote, or transfer from a classification in the O&M unit to an unrepresented classification shall continue to have the option to retain the Operating Engineers' Local No. 3 Health and Welfare Plan.
(f) Payment of costs for City administrative overhead for Operating Engineers sponsored Plans.
The City costs to administer the health plans offered to employees and retirees are incorporated into the monthly rates for City Sponsored medical, dental and vision insurance paid by the City and the plan participants. Effective July 1, 2014, the City will add to the monthly plan costs for the Operating Engineer Plans offered to employees those City administrative overhead costs associated with these plans in addition to the City sponsored plans. Only costs associated with the OE3 plans will be charged to those plans and will be updated each plan year.
14.2 Long Term Disability Insurance
The City shall provide, at no cost to the employee, long term disability insurance coverage. Plan benefits shall be as described in the Plan document, but shall include:
(a) Each disability – sixty-six and two thirds percent (66 2/3%) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.
(b) Disability income payments shall commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) day waiting period.
14.3 State Disability Insurance (SDI)
At the Union’s option, pursuant to procedures established by the state, members may elect to receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
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14.4 Life Insurance
The City shall provide, at no cost to the employee, a term life and an a ccidental death and dismemberment insurance policy with a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS125 vendor.
14.5 Long-T
erm Care
Employees can purchase optional long term care coverage from PERS to cover home care and nursing home care. The premiums rates are established by PERS based on the age of the participant.
14.6 Health Reimbursement Account (HRA)
The City will contribute an amount equal to five and one half percent (5.5%) of the employee’s current base salary that was previously contributed to deferred compensation and redirect that same contribution into an IRS qualified HRA for each employee to use for reimbursement of current and retiree medical cost reimbursements.
Section 15. Salaries
15.1 Salary Rates
(a) Effective May 1, 2024, employees will receive a n eight percent (8%) Cost of Living Adjustment (COLA) to base pay.
(b) Effective July 1, 2024, employees will receive a zero percent (0%) COLA to base pay.
(c) Effective July 1, 2025 , employees will receive a three percent (3%) COLA to base pay.
(d) The 2022 Total Compensation survey prepared by Bryce Consulting made specific recommendations for internal relationships between classifiactions in the O&M Unit and employees in the same job family. In the event these internal relationships change, the parties will consider how to address compaction between those classifications.
(e) Upon request of the O&M, but no later than September 1, 2024, the parties agree to discuss (1) Salary Survey Jurisdictions and (2) Sala ry Survey Elements to be utilized by both parties during the next round of negotiations for EXHIBIT 1
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the successor MOU. The parties endeavor to complete this process by the start of the next round of MOU negotiations. In the event parties do not reach a consensus on the jurisdictions and elements, the parties would be able to perform their own surveys during the next round of MOU negotiations. (f) Lump Sum Payment
a. Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand dollar ($2,000.00) lump sum non- pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
b. Each employee who is employed in the bargaining unit as of July 1, 2025 will receive a two thousand dollar ($2,000.00) lump sum non- pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
15.2 S
alary upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which appointed. When circumstances warrant, the Director of Human Resources may approve an entrance salary which is more than the minimum salary for the class to which an employee is appointed. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.
15.3 S
alary Equivalents
Any monthly, daily or hourly rate of pay may be converted into an equivalent rate of pay, or to any other time bases when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates. Overtime rate and premium pay shall be calculated according to the provisions of the FLSA.
15.4 S
alary Step Plan
(a) There shall be five (5) to seven (7) salary steps in each range.
The first step s hall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the Director of Human Resources may authorize appointment above the first step after receiving the recommendation of the department head. The same provision shall apply to hourly paid and part-time employees.)
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If a department head recommends withholding inc reases to salary steps two (2) through seven (7) because an employee has not achieved the level of performance required, notice must be received by the City Manager at least four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation. Failure to abide by the above four-week limitation shall not automatically cause a step increase to be granted; however, if an employee does not receive notice by the actual anniversary date, the increase shall be automatically granted.
The second step s
hall be paid upon the satisfactory completion of six (6) months service at the first step.
The thi
rd step shall be paid upon the satisfactory completion of one (1) year service at the second step.
The fourth step s hall be paid upon the satisfactory completion of one (1) year service at the third step.
The fifth step s hall be paid upon the satisfactory completion of one (1) year service at the fourth step and upon written recommendation of the department head.
The sixth step shall be paid upon the satisfactory completion of one (1) year service at the fifth step and upon written recommendation of the department head.
The seventh step shall be paid upon the satisfactory completion of one (1) year service at the sixth step and upon written recommendation of the department head.
Regardless of an employee's length of service, step advancements in any given clas
s may be made upon recommendation of the department head with the approval of the Director of Human Resources, but not above Step 7 for a given range.
Sal
ary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.
Changes in an employee's salary because of promotion, demotion, postponement of salary step increase or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.
Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.
(b) Salary Step Entry -Lev
el Classifications. T he City Manager may create a
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ten percent (10%) salary step reduction to any entry -level classification represented by this bargaining unit. The next and all subsequent salary steps shall be paid upon the satisfactory completion of one (1) year service at current salary step.
15.5 S
alary Step after Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range of their classification for the period they were in the military service.
15.6 S
alary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided for by the Director of Human Resources.
15.7 S
alary Step After Promotion or Demotion
(a) When an employee is promoted from a position in one class to a position in a higher class, and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the salary scale of the higher class which is at least five percent (5%) above the employee's current base salary, except that the next step shall not exceed the maximum salary of the higher class. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.
(b) When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which demoted.
(1) If the salary of the employee is reduced for cause or disciplinary reasons, the employee shall receive the salary at the same step prior to promotion.
(2) If the salary of the employee is reduced through no fault of the employee (i.e., layoff), the salary at demotion shall be at the nearest lower salary to that which was received prior to the demotion.
15.8 T
ransfer
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An employee may be transferred from a class in one department, or to a position of t he same class in another department, or to a comparable class, with the approval of both the employee and Department Heads. In the case of a comparable class, the employee must be qualified, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question must be equal to or less than the employee’s current top step salary, and shall consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful completion of pertinent test s, that they are qualified for the transfer. If the transfer involves a change from the jurisdiction of one appointing authority to another, both must consent thereto.
15.9 S
alary on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, the employee's salary shall not be higher than the salary at the time of separation unless there has been an increase within the salary range.
If a former employee is reinstated to a position in a lower class , the employee's salary shall be set at the same step previously held, but in the pay range of the lower classification.
15.10 "
Y" Rate
When an employee's classification is changed to a lower paid classification as the result of a classification study or other action, the employee may be placed on a "Y" rate. A "Y" rate means that the monthly compensation for the employee shall remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.
15.11 A
cting Pay
(a) General Provisions . Any employee in this unit who is assigned by a supervisor to work in a higher paid classification for two (2) or more hours in one (1) day, shall receive the rate of pay in the step of the higher classification which would have been received if the employee had been promoted into that classification, or at least five percent (5%) more than the employee's salary in the present classification, whichever is greater. Out -of-class assignment pay during overtime status will commence at the first hour worked.
(b)
When there is an existing promotional eligibility list, and acting pay assignment is expected to be for more than twenty (20) work days, acting pay shall be assigned from the top three (3) on the promotional eligibility list. If the EXHIBIT 1
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assignment is for twenty (20) work days or less, the highest ranking employee on the promotional list within the division shall be assigned. When there is no eligible list, section (c) below shall apply.
(c) If there is no existing list, acting pay selection shall be made from the five (5) most qualified employees in the section.
(1) Sections are defined, for the purpose of this clause only, as the sub- groups listed: (a) Water, (b) Sewer, (c) Wastewater Operations, and (d) Wastewater Maintenance; and
(2) Qualifications for the purpose of this s ection, as determined by the department head or designee, shall include all the following equal factors:
(a) Seniority in grade within any class immediately below the vacant position.
(b) Worker experience relative to the vacant position.
(c) Prior job performance and attendance.
(d) Certificates or other formal qualification devices such as eligibility lists.
If all things are equal based on above factors, the seniority within the City shall be considered.
(3) The opportunity for acting Pay shall be rotated among the five (5) most qualified employees within each section.
(d) Assignments from other than a promotional eli gibility list shall not exceed one-hundred and twenty (120) days per fiscal year per employee.
15.12 T
emporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher level classification shall be paid the hourly or daily rate of the classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher level classification.
15.13 Special Assignment Pay
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supervisor to perform additional duties and responsibilities for the duration of the special assignment.
Any Senior Plant Operator who is assigned in writing by an appropriate authorit y to assume supervisory authority over another Senior Plant Operator shall receive an additional five percent (5%) special assignment pay per shift when so assigned.
15.14 Bi-W
eekly Pay Period
The City and the Association agree to move to bi -weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.15 O
ne Time Payment
Effective May 1, 2024, the City will make a one-time payment in the amount of five thousand dollars ($5,0 00.00), subject to applicable withholdings, to Operations and Maintenance unit members employed by the City upon adoption of this agreement by City Council. Payment will be processed and paid as soon as administratively possible following adoption of this agreement by the City Council.
Section 16. Severability of Provisions
In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.
In the event that Federal legislation changes the current applicability of the FLSA , both parties agree to consult and/or confer on the impacts of such legislation to the extent required by law.
Section 17. Past Practices and Existing Memoranda of Understanding Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.
This MOU shall supersede all existing Memoranda of Understanding between the City and the Union.
Section 18. Scope of Agreement
Except as otherwise specifically provided herein, this MOU including Appendices “A”, “B”, and “C” which are attached to this Agreement and by this reference incorporated herein, and fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters EXHIBIT 1
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subject to meeting and conferring. Neither party shall, during the term of this MOU , demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.
Section 19. Duration of Agreement
This MOU shall be effective the date of execution through June 30, 2026.
Section 20. Maintenance of Operations/City Rights
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee repre- sented thereby agrees that from the date of execution, through exhaustion of the impasse process/mediation/fact finding as set forth in the Employer/Employee Relations Resolution Section 12 (g) the Union or any person acting in its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this Section. 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 been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.
In the event of any activity prohibited by subsection (a) hereinabove, the Union agrees to take supererogatory steps necessary to assure compliance with this MOU.
Section 21. GPS Policy, Rest Periods, New Standby List
The parties agree to hold Meet and Confer meetings to discuss the Global Positioning System (GPS) Policy, Rest Periods, and a new Standby List proposed by the O&M unit during negotiations. The parties will hold separate meetings and must mutually agree before any changes may be implemented.
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IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a me
mbership vote of the Association on _________________, and by an affirmative vote of the Stockton City Council on _____________ _. The parties hereto have executed this Memorandum of Understanding this _________day of ______________.
OPERATIONS AND MAINTENANCE UNIT
Approved as to form:
CITY OF STOCKTON
Operating Engineers’ Local No. 3
By: _______________________
MICHAEL DEANDA
Business Representative
APPROVED AS TO FORM:
By: ______________________________
HARRY BLACK
City Manager
By: ______________________________
ROSEMARY RIVAS
Director of Human Resources
By: ______________________________
CHARLES SAKAI
Negotiator for the City
Approved as to form:
Lori Asuncion, City Attorney
By: _______________________
TARYN JONES
Deputy City Attorney
ATTEST:
CITY CLERK
______________________________
ELIZA GARZA
City Clerk
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Appendix B. Side-Letter of Agreement
Exhibit A & B Employees
Provisions in this APPENDIX B Side Letter of Agreement pertain only to Employees identified in Exhibit A . However, nothing contained herein prohibits the parties from mutually agreeing to changes, but neither party can be compelled to negotiate and/or agree to any changes to this Appendix B, Side-Letter of Agreement.
Section 1 – Re-em
ployment and Employment
The City shall provide regular full -time employment at the City’s municipal wastewater utility and water utility to all of the employees listed in Agreement electing to accept such employment effective March 1, 2008.
Section 2 – Te
rms and Conditions of Re-employment and Employment
(a) City’s offer of employment and re-employment shall be unconditional, and shall not be subject to other health, competency or other test, fact, or circumstances relating to an individual employee.
(b) All service with OMI/Thames Water will be counted as service with the City.
(c) Waste Water Certification – E
mployees outside of the Waste Water Division who
hold Waste Water II or higher certification and are available for short -term assignment to the waste water facility will receive an additional five percent (5%) of the top step, which shall be PERS reportable earnings. Certification must be kept current. Employees who decline short -term assignments to the waste water facility subject to department guidelines will lose this additional pay.
Section 3 – Suppl
emental Retirement Contribution and Benefit
The City shall contribute an amount necessary to fund a supplemental retirement benefit for Exhibit A employees. The supplemental retirement benefit shall be developed and administered by the Public Agency Retirement Services (“PARS”) benefit and shall be based on the following criteria:
(a) Only employees listed in Exhibit A shall be eligible to participate;
(b) Commencing March 1, 2008, employees must complete at least one (1) year of continuous City of Stockton service to be eligible for the PARS benefit;
(c) The PARS benefit shall be paid only to those employees listed in Exhibit A who retire from the City in accordance with rules and criteria established pursuant to PERS and the MOU in effect between the City and the OE3;
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(d) The benefit level paid to each eligible employee shall be based on their retirement category as identified in Exhibit A based on the following formula:
(1) Categories 1, 2 and 3: All actual years of service (prior City of Stockton only, OMI and City of Stockton years of service as of March 1, 2008 prospectively) x 0.6%.
(2)
Category 4: Actual years of service with OMI x 2.0%; actual years of service with City of Stockton as of March 1, 2008 prospectively x 0.6%.
Benefits shall accrue and be paid in accordance with the PARS plan document adopted by City Council.
Section 4 – Com
pensation and Benefits – Exhibit B Employees Only
Employees identified in Exhibit B shall receive fully paid employee City Health Plan (Medical, Vision, and Dental) or the option of the fully paid OE3 Medical Plan Schedule A through June 30, 2013. Effective June 30, 2013, employees identified in Exhibit B shall receive the same city contribution towards cost of insurance programs as stated in MOU section 14.1(c).
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Appendix B – Ex hibit A Employees
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Appendix B – Ex hibit A Employees
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Appendix B – Ex hibit A Employees
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Appendix B – Ex hibit B Employees
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Appendix B – Ex hibit B Employees
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Appendix C. Side Letter of Agreement
Longevity Incentive
1. The provisions of this APPENDIX C Side Letter of Agreement only to Employees identified in the corresponding attachment marked as APPENDIX C and cannot be amended, changed, or deleted unilaterally by either party. However, nothing contained herein prohibits the parties from mutually agreeing to changes, but neither party can be compelled to negotiate and/or agree to any changes to this Side Letter of Agreement.
2. Effective March 1, 2008, employees identified in APPENDIX C shall be entitled to receive the amounts noted for each year of service up to a maximum of 5 years. The total amounts shown are intended to be paid on a monthly basis by the date shown (e.g., for amounts totaling $15,000, $1,250.00 shall be paid monthly, so the total amount noted shall have been paid out by 3/1/2009).
3. Employees listed in APPENDIX C shall be entitled only to the amount earned (in paid status) for that month. If an employee terminates employment or is in an unpaid status for a period less than one month, the amount noted shall be prorated for the days in paid status, including paid sick and annual leave. Employees shall not be entitled to payment not earned (unpaid leaves of absences, termination).
4. The amounts noted herein shall not be subject to cost-of-living increases, promotions or other increases to base pay that said employees may earn during the term of this Agreement. Employees who sever their employment relationship with the City and are subsequently reinstated or re-employed, shall not be eligible for any payment herein upon reinstatement or re-employment, except as may be awarded by a court of law or arbitrator.
5. The Longevity Incentive shall be reported to PERS as “PERSable” income by the City.
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Appendix C Longevity Incentive, Maximum Annual Payments
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Appendix C Longevity Incentive, Maximum Annual Payments
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CITY OF STOCKTON
MEMORANDUM OF UNDERSTANDING
TRAD
ES AND MAINTENANCE UNIT
Operat
ing Engineers' Local 3, AFL-CIO and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit identified in section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This
Memorandum of Understanding (MOU) is entered into pursuant to the Meyer s- Milias-Brown Act (Government Code sections 3500-3510) and has been jointly prepared by the parties.
This MOU shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and benefit adjustments for the period commencing July 1, 2023 and ending June 30, 2026.
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CITY OF STOCKTON
TABLE OF CONTENTS
Section 1. Recognition ................................................................................................................. 1 Section 2. Union Rights ............................................................................................................... 1 Section 3. Compliance with Federal Laws/Safety ........................................................................ 5 Section 4. Probation ..................................................................................................................... 5 Section 5. Layoff .......................................................................................................................... 6 Section 6. Reemployment ............................................................................................................ 8 Section 7. Discipline ..................................................................................................................... 9 Section 8. Grievance Procedures .............................................................................................. 10 Section 9. Leaves ...................................................................................................................... 13 Section 10. Days and Hours of Work ......................................................................................... 22 Section 11. Overtime ................................................................................................................. 23 Section 12. Holidays .................................................................................................................. 26 Section 13. Compensation and Allowance Other Than Base Salary ......................................... 28 Section 14. Insurance Plans and Retirement Benefits ............................................................... 32 Section 15. Salaries ................................................................................................................... 35 Section 16. Severability of Provisions ........................................................................................ 41 Section 17. Past Practices and Existing Memoranda of Understanding .................................... 41 Section 18. Scope of Agreement ............................................................................................... 41 Section 19. Duration of Agreement ............................................................................................ 42 Section 20. Maintenance of Operations/City Rights .................................................................. 42
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Section 1. Recognition
Operating Engineers' Local 3, AFL- CIO, hereinafter referred to as the "Union," is the recognized employee organization for the Trades and Maintenance Unit (T&M), certified pursuant to the Employer-Employee Relations Ordinance (Stockton Municipal Code §§ 2- 200, et seq.).
Section 2. Union Rig hts
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, t he parties agree to the following process for making, cancelling, 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 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, and pay such amounts to the Union.
1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
7. Deduction notification will be provided to [email protected] EXHIBIT 2
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8. Changes, and/or cancellations, received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: The Union notifies the City on January 15 th , the deductions will be effective no later than the first full pay period in March.
The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision
The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 New Hire Employee
Orientation and Information Requirements
(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system :
1. Name;
2. Job title;
3. Department;
4. Work location;
5. Personal cellular telephone numbers, including work and home;
6. Personal email addresses as provided by new hire employee; and
7. Home address.
The above information shall be updated and provided to the Union at least every thirty (30) days for all bargaining unit members.
2.3 Use of City Facilities
(a) The Union shall be allowed by the department in which it represents employees' use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided EXHIBIT 2
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such use does not interfere with the needs of the department. The Union may submit to the City Employee Relations Officer written communications having to do with official Union business for distribution by the City to identified Union shop stewards. Distribution may be made by e-mail.
(b) Any representative of the Union shall give notice to the department head or designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Pre- arrangement for routine contact may be made with individual department heads and when made shall continue until revoked by the department head.
(c) City buildings and other facilities may be made available for use by City Employees of the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or depart - ment heads concerned.
2.4 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate if requested with the designated management representatives prior to adoption.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter , the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to said notice with the management representatives designated by the City Manager.
2.5 Attendance at Meetings by Employees
City employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with City management representatives, or be where matters within the scope of representation or grievances are being considered. Such employee representatives shall submit a request for excused absence to their respective department heads, in a manner satisfactory prior to the scheduled meeting whenever possible. Time spent for these purposes while a representative is not scheduled to work shall not be compensated by the City and shall not be EXHIBIT 2
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considered as hours worked. Except by mutual agreement the number of the employees excused for such purposes shall not exceed three (3) per recognized bargaining unit. For MOU negotiation meetings, the number of employees excused for such purposes shall not exceed four (4) per recognized bargaining unit.
T&M Time Bank. Upon request by T&M once per calendar year, each employee covered by this MOU must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by T &M officers, directors, and members for T&M business that occurs during normal work hours, for which paid release time does not apply. Time bank hours used will not be considered as hours worked.
Use of T &M Time Bank must be authorized by a T &M Officer, or T &M director.
Members must submit the time off request in advance and receive supervisor approval to attend T&M business that occurs during normal work hours. The total amount of release time in the bank, including any carryover, will at no time exceed five hundred (500) hours. The City’s administration and processing of these contributions will be implemented as soon as administratively possible after ratification of this MOU. This time bank may be used by representatives who attend new hire orientations at the City. The City will provide the Union current time bank balance in February and August of each calendar year.
2.6 Maintenance of Membership
All employees in the T&M unit who are members of the Union, tendering periodic dues at the execution of this agreement, and all employees who thereafter become members of the Union shall, as a condition of employment, pay dues to the Union for the duration of this MOU , and each year thereafter. For a period of thirty (30) days prior to January 1, 1989, and thirty (30) days prior to any January 1, thereafter, any employee in the aforementioned unit who is a member of the Union shall have the right to withdraw from the Union discontinuing dues payments and retain employment in the City . Said withdrawal shall be communicated by the employee in writing to the City. The provisions of this section shall be operative only to the extent that they are permissible under California law.
2.7 Assignment of Classifications
New job classifications established by the City shall be assigned to the bargaining unit pursuant to section 2- 208 of Employer -Employee Relations Ordinance (Stockton Municipal Code §§2- 200, et seq. ) after providing notice and the opportunity to consult with the Union regarding such matters.
2.8 Contract Ratification
Ratification votes for Contract will be handled on City time during the day.
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Section 3. Compliance with Federal Laws/Safety
3.1 Non-Discrimination. The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate union activity, or on any other basis prohibited by applicable F ederal and State law against any employee or applicant for employment.
3.2 Fair Labor Standards Act. The Union agrees to cooperate with the City to e ns ure its members' compliance with the provisions of the Fair Labor Standards Act (FLSA).
3.3 Safety.
The Union shall cooperate with the City in promoting safety objectives as defined in Federal, State and local regulations by actively supporting safety programs, promoting safe work habits of members and encouraging an ongoing, active participation by its members in safety-related procedures and practices as offered and promulgated by the City of Stockton.
Section 4. Probation
4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employee whose performance does not meet the required standards of work.
4.2 Original Entrance and Promotional Positions
All original appointments shall be tentative and subject to a probationary period of one (1) year with a review completed after six ( 6) months from original appointment. Promotional appointments shall be subject to a probationary period of six ( 6) months. The probationary period for original and promotional appointments will not be extended.
4.3 Retention/Rejection of Probationer
At the end of the probationary period, if the service of the probationary employee has been s
atisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and EXHIBIT 2
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stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or not regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probationary period shall not constitute a rejection of the probationer as defined in Civil Service Rules.
During the probationary period an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which promoted unless charges are filed and the employee is discharged in the manner provided in section 7 of this MOU and in the Civil Service Ordinance and Civil Service Rules, which are consistent therewith.
4.4 Alcohol and Drug Testing.
All employees hired into original and reemployed appointments in safety-sensitive positions identified by the City must pass a drug and alcohol screening prior to being offered City employment. This shall include non- represented part -time, seasonal, provisional, and temporary appointments.
Section 5. Layoff
5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.
5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) 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
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(9) Fire
(10) Human Resources
(11) I nformation Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.4 Precedence by Employment Status
(a) No regular status employees shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular employee. The order of layoff among employees not having regular status shall be according to the following categories:
(1) Limited term (i.e., part-time, provisional, and temporary) (2) Probationary
Layoffs shall be by job classification according to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure part -time classes shall be considered as separate from regular full-time classes.
The following provisions shall apply in computing total continuous service:
(1) Time worked in a regular status or probationary
status shall count as service.
(2) Time spent on military leave shall count as
service in the event the leave was taken
subsequent to entry.
(3) Time worked in a limited term status (i.e., part -
time, provisional, and temporary) shall not count
as service.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by their respective ranking on the eligibility list for hire.
If two (2) or more employees have the same seniority but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.
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If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.
(b) Any employee in the T&M U
nit who is laid off may complete a City
employment application for any position currently staffed by a part time, provisional, or temporary employee. The Human Resources Department will evaluate the employment application. If the laid off employee meets the minimum qualifications of that position, they shall have the option of displacing the part time, provisional, or temporary employee.
5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Tak
ing a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in the classification who has the least (total service) seniority.
5.6 Health and Welfare Benefits during Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty -six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
Section 6. Reemployment
(a) The name of each employee who is laid off in accordance with section 5 shall be placed at the head of the eligibility list for the class of positions which that employee held, and shall be given preference in filling vacancies in that class.
(b) An employee laid off in accordance with this section shall be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This EXHIBIT 2
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right of a laid off employee shall remain effective for two (2) years from the date of latest separation from the service. The employee shall not be placed on said eligibility list or lists without first submitting a written request. Employee's place on said list or lists shall be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and shall be given preference in filling vacancies except for those persons placed on said list or lists of re-employment in the same positions previously held. An employee who waives reemployment to a full time position three (3) times shall have their name removed from this reemployment list unless mutually agreed to by the Department and employee.
Upon certification for appointment to a new position never having been held by this employee, the probationary period must be completed as required in this MOU.
Section 7. Discipline
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.
7.1 Pre-d
isciplinary Rights
An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:
(a) Notice of proposed discipline.
(b) Date(s) proposed discipline will be effective.
(c) Reasons for the proposed discipline, the specific grounds and particular facts upon which the action is taken.
(d) Ten (10) calendar days in which an employee or the representative may respond either orally or in writing to the department head.
(e) The employee must be provided with any written materials, reports and documents upon which the action is based.
7.2 Administrative Leave
The City may place an employee on administrative leave pending the completion of the pre-disciplinary process.
7.3 Provisions
The appointing authority may discharge, suspend or demote any employee in the EXHIBIT 2
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classified service provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted or discharged to appeal such action. The employee may take only one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) calendar days of written notification of the action. (Such filing will foreclose use of the grievance procedure.)
(c) File a grievance as provided for in section 8 within ten (10) calendar days of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
Section 8. Grievance Procedures
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by either the City Council or the Civil Service Commiss ion to affect Memoranda of Understanding which result from the meeting and conferring process. Day – shall mean day(s) in which the City’s Human Resources Office is open for business.
8.2 Filing Deadline
(a) No grievance involving demotion, suspension, discharge or other em
ployment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) working days from the time the employee knew or had reason to know of the facts giving rise to the grievance.
(b) W
ith written consent of the City Manager or their designee and the Union Business Agent or their designee, time limits may be extended and/or Steps 1, 2 and/or 3 of the Grievance Procedure waived.
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8.3 Grievance Processing
(a) Step 1 - D epartmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within twenty (20) working days from the day of presentation or if the employee elects to submit the grievance directly to the Union recognized as the representative of that employee's classification, or if the employee/Union official notifies the Director of Human Resources, in writing, that a grievance exists, the procedure hereinafter specified may be invoked. An email will suffice as a formal submission of a Step one (1) Grievance. The Union agrees to state in the subject line of the email “Grievance.”
(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step one (1), then the employee may appeal the grievance to the Director of Human Resources within twenty (20) working days of the receipt of written response at Step one (1). Such appeal must state with particularity: 1) the specific policy, rule or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Union may file and process grievance(s) on behalf of the specifically named employee. The Director of Human Resources shall have twenty (20) working days to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step 3 -
Arbitration. If the parties are unable to reach a mutually satisfactory accord on the grievance at Step two ( 2), within twenty (20) calendar days either the Union or the City may require that the grievance be referred to an impartial arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service.
The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(d) Effect of Decision.
Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
8.4 Scope of Arbitration
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(a) No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in paragraph 8.1.
(b) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this Section shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
(c) No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Director of Human Resources and the Union.
8.5 Other Provisions
If the Director of Human Resources or City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City.
Com
plaints which allege the employee is not being compensated in accordance with the provisions of this MOU shall be considered as grievances and processed pursuant to Section 8.3. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) days from the date upon which the complaint was filed.
Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.
A grievant will be provided release time without loss of pay for all required meetings with management. The City cannot discriminate or retaliate in any manner against EXHIBIT 2
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an employee for filing a grievance or exercising rights under this section.
The provisions of this section shall not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administered in a manner which would abrogate any power which, under the Stockton Municipal Code, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in units represented by the Union shall be processed under this Section. If the Stockton Municipal Code and/or Civil Service Rules and Regulations requires that a differing option be available to the employee, no action under paragraph (c) of Subsection 8.3 above shall be taken unless it is determined that the employee is not utilizing such option.
No action under paragraph (c) 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 arbi
trator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
Section 9. Leaves
9.1 Vacation Leaves
(a) Vacation Allowance. All regular status em ployees, excluding provisional , temporary, and part -time employees, shall accrue vacation leave with pay in accordance with the following schedules:
(1) Les
s than one and one- half (1- 1/2) years continuous
employment .............................................................. 80 hours/year.
(2) After one and one- half (1-1/2) to seven and one- half (7-1/2) years continuous employment ................................ 108 hours/year.
(3) After seven and one- half (7- 1/2) to fifteen (15) years continuous employment ........................................... 144 hours/year.
(4) After fifteen (15) to twenty -five (25) years continuous employment ............................................................. 189 hours/year.
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(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a per pay period basis.
(b) Maximum Vacation Accrual. Employees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Effective July 1, 2012, the following maximum vacation accruals shall take effect. For employees who on July 1, 2012 have vacation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation to get under the maximum allowed. If an employee does not get below the maximum by June 30, 2013, they shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.
Max
imum Vacation Accrual Caps
40 Hour Employee
Under 1.5 years 120 hours (15 days for 8 hour shift)
1.5 – 7.5 years 240 hours (30 days for 8 hour shift)
7.5 – 15 years 280 hours (35 days for 8 hour shift)
15 – 25 years 320 hours (40 days for 8 hour shift)
26 years 328 hours (41 days for 8 hour shift)
27 years 336 hours (42 days for 8 hour shift)
28 years 344 hours (43 days for 8 hour shift)
29 years 352 hours (44 days for 8 hour shift)
For every year of service beyond 29, the employee is allowed to add an additional seven (7) hours to the maximum accrual cap.
(c) Vacation Scheduling. Vacation leaves shall be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of the City business. Vacation requests are accepted on a day for day basis.
(d) Holiday during Vacation. If any such paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(e) Vacation C ash out Upon Separation
An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the EXHIBIT 2
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last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
9.2 Sick Leave
(a) Accrual. All regular status full-time employees, except provisional and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
All re
gular status employees, except provisional and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of the hours accrued, described as:
Pr
eventive medical, dental, optical care, illness, injury, or exposure to contagious disease which incapacitates the employee from performing normal work duties.
This includes disabilities caused or contributed by pregnancy, miscar riage, abortion, childbirth and recovery therefrom.
(c) Family Sick Leave. Employees may utilize up to one- hal f (1/2) of their
annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care that otherwise would not be covered by the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) leaves.
Suc
h leave shall be restricted to the employee's parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, grandchild, legal depende nt, registered domestic partner, and “designated person. ” For purposes of paid sick leave, a “designated person” means a “person identified by the employee at the time the employee requests paid sick leave.” An employee may select one (1) person as a “designated person” in a twelve (12) month period.
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In special cases, with the approval of the Director of Human Resources, a department head may grant the use of sick leave in other circumstances.
It is not the intent of this provision to conflict with any state or federally mandated policies, such as FMLA, CFRA, or Pregnancy Disability Leave (PDL).
(d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence, (for example, included but not limited to scheduled medical, dental or vision appointments), the employee shall request authorization for such sick leave from the department head prior to such absence.
If
an employee is not able to report due to illness or injury, the employee shall report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the work day, except for extenuating circumstances prohibiting giving notice. Each Supervisor will have the authority to identify acceptable forms of sick leave notification and will provide acceptable forms of sick leave notification in writing to employees; however, at all times the employee must contact their direct supervisor directly when not able to report to work. If the employee’s direct supervisor is unavailable, the employee must contact the next-level supervisor.
Failure to notify as soon as possible and in conforming to the thirty (30) minute notification shall be cause for the following informal and formal disciplinary action:
(1) For the first time in a six (6) month period, a Memorandum of Discussion (informal).
(2) For the second time within a six (6) month period, a Letter of Reprimand (formal).
(3) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more
incidents occur within a six (6) month period, the employee may be discharged (formal).
The six (6) month period will be defined as six (6) months from the most recent incident. If no other incident occurs within six (6) months of the most recent incident, the disciplinary data shall be removed from the employee’s official personnel file.
(e) Verification Procedures
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(1) Before being paid for the use of accrued sick leave, the employee shall submit a request for sick leave form, stating the dates and hours of absence and, the type of sick leave being requested such as sick leave for self, family member and/or FMLA.
(2) Doctor's Certificate or Other Proof . T
he Director of Human
Resources may require a doctor’s certificate or other reasonable proof of illness as he/she deems necessary 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 she will be required to provide such documentation. Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for more than three (3) consecutive days, a doctor’s certificate or other reasonable proof of illness may be required. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(3) I
f the City has a reasonable basis to believe that an employee is abusing the sick leave benefit, the City or the employee's supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed abuse, and 2) discuss the reasons for the employee's absence.
The employee has the right to Union representation at such meeting. After such meeting, and depending on the factual circumstances, the City may:
(a) Place the employee on restricted sick leave for a period of
not more than four (4) months, under the direction of the Director of Human Resources pursuant to (e)(2) above;
(b) S
uspend the employee without pay for up to five (5)
days for abuse of sick leave; or dismissal from employment if a prior suspension involved abuse of sick leave;
(c) Place the employee in an employee assistance
program, if agreed to by the employee.
(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) W
as hospitalized during the period for which sick leave is claimed, EXHIBIT 2
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or
(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave. E ffective February 17, 2012, all accumulated or future of S ick leave accruals shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(h) CalPERS Service Credit for Unused Sick Leave. E
mployees shall be
eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired on or after December 29, 2012 shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit. I f, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) S
eparation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at thirty five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at fifty (50%) of its cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request , be granted up to three (3) days bereavement leave with pay without charge to their accumulated sick leave or annual leave. The employee shall, upon request, be granted an additional two (2) days bereavement leave which shall be charged against the employee's accumulated sick leave or annual leave. For the purposes of this paragraph, the EXHIBIT 2
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immediate family shall be restricted to the employee’s parents, spouse, mother-in- law, father -in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, grandparent-in-law, grandchild, and registered domestic partner.
In the event of the death of a person not immediately related to an employee as defined above, the employee's department head may grant up to three (3) days bereavement leave, upon request, which shall be charged against the employee's accumulated sick leave or annual leave. If the deceased is the person who is the employee’s current “designated person” for purposes of family sick leave pursuant to Section 9.2(c), the request to use sick leave or annual leave shall not be unreasonably denied.
(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
Sai
d absence from duty including necessary travel time, will be for actual hours served on jury duty or testif ying as a witness in a criminal case, other than as a defendant. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work his usual morning schedule.
If an employee is required to appear for a morning court session and is sent home before noon and not required to return in the afternoon, the employee will be expected to work his usual afternoon schedule.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City through the employee's department head.
Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of the Section.
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(c) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.
Al
l regular status employees in the service of the City shall be allowed leave of absence without pay for duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the position they held when they were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary employee having served a minimum probationary period of six (6) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.
All probationary employees inducted into Military Service not having served the minimum probationary period of six (6) months, or having served the minimum probationary period of six (6) months, but not having received regular status shall be allowed a leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular status employee.
Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
9.4 Workers' Compensation Leave
(a) Workers' Compensation Benefits s hall be provided in accordance with State law and schedules whenever an employee is absent from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers' Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
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(b) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work -related injury or illness shall immediately inform their supervisor no matter how minor an on- the- job injury may appear. An employee who sustains a work -related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre- designation of personal physician pri or to sustaining the work - related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources department.
9.5 Leave of
Absence Without Pay
(a) Entitlement. Employees shall not be entitled to a leave of absence without pay as a matter of right, but only upon the determination of the City that the granting of such leave is in the best interest of public service and that there is a presumption the employee intends to return to work upon the expiration of the leave of absence.
Leave of absence are subject to eligibility in accordance with state and federal guidelines. The granting of a leave of absence provides the employee the right to return to the position vacated.
(b) Approval.
All leaves of absence without pay must be recommended by the department head and approved by the Director of Human Resources . No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service, or in the event an application for service connected disability retirement has been filed.
(c)
All leaves without pay must be recommended by the department head and approved by the Director of Human Resources . Leaves of absence approved in accordance with the state and federal guidelines may be taken without pay for illness following the exhaustion of entitlement of sick, vacation, and other accrued leaves hours.
9.6 Absence Without Official Leave (AWOL)
(a) Failure to Report to Duty or Failure to Return after Leave. Fai lure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled, or at the expiration of a leave, shall be considered an absence without official leave and shall be subject to discipline.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days without a satisfactory EXHIBIT 2
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explanation as appr oved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton. An employee must provide a written statement to the Human Resources Department regarding a "satisfactory explanation", within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee's last known address.
Section 10. Days and Hours of Work
10.1 Workweek
The normal workweek in this unit consists of five (5) consecutive eight (8) hour days or a total of forty (40) hours, generally Monday through Friday in a seven (7) day work period. Where operational requirements of a department require deviations from this schedule, the department head with the Director of Human Resources’ approval may institute alternate work schedules as long as the City meets with the Union over the impact of such schedules and conforms to work period requirements of the FLSA.