City Council and Concurrent Authorities
City of Stockton
Meeting Agenda - - Revised
City Council and
Concurrent Authorities
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
3:30 PMTuesday, August 26, 2025
Closed Session 3:30 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 25-0943
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: One
Name of Case: Kurt Wilson v. City of Stockton, et al. (San Joaquin County Superior Court Case No.
STK-CV-UWM-2019-12404)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.
Department: City Attorney
3.2 25-0963 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF
LITIGATION
Number of Cases: One
Based
on existing facts and circumstances, the Council has decided to initiate or is deciding to initiate litigation pursuant to Government Code section 54956.9(d)(4).
Department: City Attorney
3.3 25-0936 CONFERENCE WITH LABOR NEGOTIATOR
1 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: Agency Designated Representative: Acting City Manager; Deputy City Manager Chad Reed; City Attorney; Director of Human Resources; Assistant Director of Human Resources; Jasmine Pantoja, Supervising HR Analyst; Brandon Sepulveda, Interim Budget Officer; and Legal Counsel, Dania Torres Wong of Sloan Sakai
Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: Human Resources
4. CLOSED SESSION PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 25-0938
ADOPT A RESOLUTION APPOINTING A MEMBER OF THE
MEASURE A CITIZENS’ ADVISORY COMMITTEE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying the appointment of Susan Lenz to the Measure A Citizens' Advisory Committee for a term beginning immediately upon appointment and ending January 31, 2027.
Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution
Attachments:
2 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
12.2 25-0944 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of July 9, 2025, July 29, 2025, and August 12, 2025
Department: City Clerk
Attachment A - 2025-07-09
Attachment B - 2025-07-29
Attachment C - 2025-08-12
Attachments:
12.3 25-0956 SIXTH AMENDMENT TO THE 2025 CITY COUNCIL/SUCCESSOR
AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON
PARKING AUTHORITY MEETING CALENDAR
Recommended Action:
RECOMMENDATION
It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the revised 2025 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.
Department: City Manager
Attachment A - 2025 Sixth Revised Meeting CalendarAttachments:
12.4 25-0855 APPROVAL OF MEMORANDA OF UNDERSTANDING AND
LONGEVITY PAY SIDE LETTERS BETWEEN THE CITY OF
STOCKTON AND THE STOCKTON POLICE MANAGEMENT
ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT
UNIT
Recommended Action:
RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memoranda of Understanding (MOUs) effective July 1, 2025 through June 30, 2026, and Longevity Pay Side Letters with the following bargaining groups:
1. Stockton Police Management Association;
2. Stockton Firefighters' Local 456 Fire Unit; and
3. Stockton Firefighters' Local 456 Fire Management.
It is further recommended that the Acting City Manager and the Employee Relations Officer be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of these successor MOUs and side letters.
Department: Human Resources
3 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Attachment A - Fire Management Unit MOU - Redline
Attachment B - Fire Management Unit - Longevity Side Letter Attachment C - SPMA MOU - Redline
Attachment D - SPMA - Longevity Side Letter
Attachment E - Fire Unit MOU - Redline
Attachment F - Fire Unit - Longevity Side Letter
Proposed Resolution
Exhibit 1 - SPMA MOU
Exhibit 2 - Fire Unit MOU
Exhibit 3 - Fire Management MOU
Exhibit 4 - SPMA - Longevity Side Letter
Exhibit 5 - Fire Unit - Longevity Side Letter
Exhibit 6 - Fire Management Unit - Longevity Side Letter Exhibit 7 - Budget Amendment
Attachments:
12.5 25-0861 APPROVE FINDINGS AND RATIFY FINAL EXPENDITURES FOR
THE EMERGENCY ENVIRONMENTAL CLEAN-UP AND
REMEDIATION OF A HAZARDOUS MATERIALS SPILL AT 4873
NORTH WEST LANE
Recommended Action:
RECOMMENDATION
It is recommended that the City Council approve a resolution to approve findings and ratify the emergency expenditure of $168,943.87 to Ponder Environmental Services, Inc. of Benicia, California, (Ponder), for emergency environmental clean-up and remediation of a hazardous materials spill at 4873 North West Lane.
It is also recommended the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed ResolutionAttachments:
12.6 25-0879 ADOPT A RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO WEST VALLEY CONSTRUCTION COMPANY, INC.
FOR THE CEDAR RIDGE WATER SERVICE LATERAL
REPLACEMENT
4 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the filing of Notice of Exemption No. NOE32-25 under the California Environmental Quality Act (CEQA) for the Cedar Ridge Water Service Lateral Replacement (Exhibit 1 to the Resolution).
2. Approve the project Plans and Specifications for the Cedar Ridge Water Service Lateral Replacement (Exhibit 2 to the Resolution).
3. Award a $144,130 construction contract to West Valley Construction Company, Inc. of Campbell, CA, for the Cedar Ridge Water Service Lateral Replacement (Exhibit 3 to the Resolution).
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Plans and Specs
Exhibit 3 - Construction Contract
Attachments:
12.7 25-0958 MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND
COMMITTEE STRUCTURE/FUNCTION ROSTER
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster effective immediately.
Department: None
Proposed Resolution
Exhibit 1- Mayoral Appointments 2025
Attachments:
Note: This item was updated 2025-08-21 by the Office of the City Clerk
12.8 25-0920 APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE
INFLUENCE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY IN THE AMOUNT OF $500,000
5 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Authorize the City Manager, or designee, to accept a Driving Under the Influence Selective Traffic Enforcement Program grant award from the State of California Office of Traffic Safety in the amount of $500,000;
2. Authorize the City Manager, or designee, to execute Grant Agreement PT26231 and all related documents to carry out the purpose and intent of the grant award;
3. Amend the Fiscal Year 2025-26 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $500,000; and
4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Police
Proposed Resolution - 2026 OTS
Exhibit 1 - Draft Grant Agreement - PT26231 Stockton
Attachments:
12.9 25-0872 ADOPT RESOLUTION TO APPROPRIATE AND AWARD A
PROFESSIONAL SERVICES CONTRACT FOR THE LOWER
SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS
PROJECT
Recommended Action:
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $1,000,000 from the Public Facilities Fees Regional Transportation Impact Fee Fund Balance to the Lower Sacramento Road Widening and Bridge Replacements, Project No.
WT19007.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Award a Professional Services Contract to Mark Thomas & Company, Inc. of Sacramento, CA, in the amount of $4,335,231.44, for professional engineering services for the Lower Sacramento Road Widening and Bridge Replacements, Project No. WT19007.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
6 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Professional Services Contract
Attachments:
12.10 25-0338 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2024-25 SB1 - CRACK
SEALING PROJECT
Recommended Action:
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE40-25 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Crack Sealing, Project No. WD25003.
2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Crack Sealing, Project No. WD25003.
3. Award a Construction Contract in the amount of $237,200 to Global Road Sealing, Inc. of Stanton, CA, for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Crack Sealing, Project No. WD25003.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Street List
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract Under Council Limit
Attachments:
12.11 25-0356 ADOPT RESOLUTION TO AUTHORIZE THE ON-CALL FENCE
SERVICES PROJECT
7 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve Notice of Exemption No. NOE31-25 under the California Environmental Quality Act for the On-Call Fence Services, Project No.
OM-25-039.
3. Award a one-year Service Contract in the amount not to exceed $100,000 to Stockton Fence and Material Company of Stockton, CA, for the On-Call Fence Services, Project No. OM-25-039.
4. Authorize the City Manager to execute up to two one-year extensions to this Service Contract, at an annual cost not to exceed $100,000, for a cumulative contract total not to exceed $300,000.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Contract for Services
Attachments:
12.12 25-0796 APPROVE MOTION FOR THE PURCHASE OF UNMARKED POLICE
VEHICLES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve the use of a Cooperative/Piggyback Purchase Agreement through Sourcewell, Contract No. 091521-NAF, with National Auto Fleet Group of Watsonville, CA, for the purchase of unmarked Police vehicles.
3. Authorize the City Manager to execute a Cooperative/Piggyback Purchase Agreement, in the amount not to exceed $850,000, with National Auto Fleet Group of Watsonville, CA, for the purchase of unmarked Police vehicles.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
8 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Attachment A - Proposed Vehicle Replacement List
Attachment B - Coop Agreement with National Auto Fleet Group Attachments:
12.13 25-0966 ADOPTION OF PROPOSED AMENDMENT TO CHAPTER 3.04 OF
THE COUNCIL POLICY MANUAL - MEMBER REMOVAL FROM
BOARDS, COMMITTEES, AND COMMISSIONS
Recommended Action:
RECOMMENDATION
It is recommended that City Council adopt by resolution the proposed amendment to Chapter 3.04 of the Council Policy Manual regarding member removal from boards, committees, and commissions.
Department: City Clerk
Attachment A - CPM 3.04 - redline
Proposed Resolution
Exhibit 1 - Policy 3.04 - clean
Attachments:
Note: This item was added by the Office of the City Clerk on 2025-08-23
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. HEARINGS**
15.1 25-0947
CONTINUANCE - STOCKTON ECONOMIC STIMULUS PROGRAM
(SESP) UPDATE AND CONSIDERATION OF POTENTIAL PROGRAM
AMENDMENTS
Recommended Action:
RECOMMENDATION
It is recommended that City Council receive a program update and consider information regarding program performance to determine what, if any, amendments are warranted and act accordingly.
Department: Community Development
Attachment A - UOP Study
Attachment B - Resolution 2015-11-17-1602
Attachment C - Resolution 2018-07-17-1302
Attachment D - Motion 2019-08-20-1405
Attachment E - SESP Summary Unit Counts
Attachment F - CC 8-12-25 Public Comment Received
PPT - 15.1 - SESP Update
Attachments:
16. NEW BUSINESS
16.1 25-0962 CLARIFICATION REGARDING REFERRAL TO THE CIVIL GRAND JURY AND DISTRICT ATTORNEY’S OFFICE
9 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Provide direction and clarification on what, if any, information it would like referred to the Civil Grand Jury and/or the District Attorney's Office; and
2. Consider clarifying the process and delegation of authority for future referrals to the Civil Grand Jury and/or the District Attorney's Office upon receipt of information regarding alleged violations of the Brown Act.
It is also recommended that the City Attorney be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: City Attorney
Attachment A – Unofficial Transcript of July 15, 2025, Item 15.3Attachments:
16.2 25-0970 CLARIFICATION REGARDING 406 INVESTIGATION INTO DEI
FUNDING
Recommended Action: RECOMMENDATION
It is recommended that the City Council clarify whether it will oversee the investigation directly or delegate to one of the following: (1) a council committee; (2) an independent auditor or investigator; or (3) external legal counsel or other experts.
Department: City Attorney
Attachment A - Council Policy Manual Chapter 3.14.pdfAttachments:
16.3 25-0975 REVIEW OF WILD ‘N OUT EVENT AT ADVENTIST HEALTH ARENA
AND USE OF MITIGATION FUNDS
Recommended Action: RECOMMENDATION
This item was placed on the agenda by the Mayor pursuant to Council Policy Section 4.02.010. It is recommended that Council direct the City Attorney to:
1. Retain counsel to oversee and investigate the recent event contracting.
2. If the investigation findings support any violations, initiate litigation through the City Attorney's Office or refer to the appropriate authority/entity.
Department: Office of the Mayor
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
10 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
INFORMATIONAL ITEMS
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on August 21, 2025, in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
11 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. The time limit for public comment is four (4) minutes and remains at the discretion of the presiding officer and changes shall be set at the start of the meeting. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached to the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.
Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS
The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.
A) All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak.
B) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Councilmember believes the Mayor is not maintaining order, the Councilmember may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice-Mayor shall enforce the rules of decorum and maintain order.
C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.
12 August 26, 2025City Council and Concurrent
Authorities
Meeting Agenda - - Revised
3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:
Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINING TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY WITHIN THE
COUNCIL CHAMBERS DURING COUNCIL MEETINGS
A) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs.
B) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.
C) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.
D) Exit ways shall not be used in any way that will present a hazardous condition.
E) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.
F) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHORIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.
13 City of Stockton
Legislation Text
File #: 25-0938, Version: 1
ADOPT A RESOLUTION APPOINTING A MEMBER OF THE MEASURE A CITIZENS’ ADVISORY
COMMITTEE
RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying the appointment of Susan Lenz to the Measure A Citizens’ Advisory Committee for a term beginning immediately upon appointment and ending January 31, 2027.
DISCUSSION
Background
On July 9, 2013, the Stockton City Council adopted Resolution 2013-07-09-1601 calling for a special election and Ordinance 2013-07-09-1601 establishing the 3/4 cent sales tax and authorizing the formation of a Citizens’ Advisory Committee through Ordinance 2013-07-09-1601 contingent upon voter consideration and approval at the November 5, 2013, special election. Upon the passage of Measure A and Advisory Measure B on November 5, 2013, the City Council adopted the City of Stockton Transaction and Use Tax Ordinance Citizens’ Advisory Committee Charter detailing the role and duties of the Citizens’ Advisory Committee. Each member of the City Council, including the Mayor, shall nominate one member to the Committee. The members nominated are not required to be from specific Council Districts.
At the regular Council meeting of December 3, 2013, the Council approved staff’s recommendation to include the term of service for the Advisory Committee members in the Committee Charter. The staff recommendation adopted by motion action was to have the terms of the Advisory Committee Members coincide with the term of each appointing Councilmember.
Present Situation
Councilmember Blower reviewed the active applications on file. In accordance with the provisions of Ordinance 2013-07-09-1601 and the City of Stockton Transaction and Use Tax Ordinance Citizens’ Advisory Committee Charter, Councilmember Blower is nominating Susan Lenz to the Measure A Citizens’ Advisory Committee to fill the remaining term, beginning immediately and ending January 31, 2027.
FINANCIAL SUMMARY
There is no financial impact to the General Fund.
Attachment A - Redacted Application
City of Stockton Printed on 8/21/2025Page 1 of 1
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14 Submit Date: Aug 11, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Susan H Lenz
Stockton CA
Susan H Lenz
ATTACHMENT A
15 Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Understanding of the Stockton Public Art Plan processes and implications for the City of Stockton
Willingness to tolerate/promote change
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a lifelong Stockton resident and am very interested in continuing to serve my community.
Please state the reason you would like to be a member of this board/commission.
I understand Measure A very well after serving on the City Council for 8 years. I and am very interested in continuing to serve my City.
Have you served on an advisory group before?
Yes No
How did you hear about the position?
I heard about this from a councilmember who advised me of the vacancy.
Susan H Lenz
ATTACHMENT A
16 City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
N/A
Enter Your Initials:
SHL
Date Signed
August 11, 2025
Susan H Lenz
ATTACHMENT A
17 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE MEMBER TO THE MEASURE A CITIZENS’
ADVISORY COMMITTEE
A vacancy exists on the Measure A Citizens’ Advisory Committee due to the resignation of the District Three Appointee, Anthony Mannor; and
Having reviewed the active applications on file, Councilmember Blower has nominated Susan Lenz to fill the vacancy; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Susan Lenz is hereby appointed to the Measure A Citizens’ Advisory Committee, for a term effective immediately, and ending on January 31, 2027.
PASSED, APPROVED, and ADOPTED August 26, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
18 City of Stockton
Legislation Text
File #: 25-0944, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meetings of July 9, 2025, July 29, 2025, and August 12, 2025
Attachment A - 2025-07-09
Attachment B - 2025-07-29
Attachment C - 2025-08-12
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50 City of Stockton
Legislation Text
File #: 25-0956, Version: 1
SIXTH AMENDMENT TO THE 2025 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC
FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR
RECOMMENDATION
It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the revised 2025 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.
Summary
The sixth amendment to the 2025 meeting calendar is being proposed to move the October 21, 2025, City Council meeting to October 14, 2025.
DISCUSSION
Background
By Motion 2024-11-19-1216, the Stockton City Council approved the 2025 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar. After its approval, staff were informed of a scheduling conflict regarding the January 28, 2025, meeting. A subsequent calendar amendment to address the January conflict was approved by Motion 2024-12-10-0608.
The second amendment to the 2025 meeting calendar was approved in February by Motion 2025-02- 04-1205 to address scheduling the Annual Strategic Planning Workshop.
The third amendment to the 2025 meeting calendar, adding the April 29, 2025 meeting, was approved in April by Motion 2025-04-15-1208.
The fourth amendment to the 2025 meeting calendar was approved by Motion 2025-05-13-1207 adding an additional City Council meeting on July 29, 2025, and replacing the scheduled City Council Meetings August 19, 2025, with August 12, 2025.
This fifth amendment to the 2025 meeting calendar was approved by Motion 2025-08-12-1206 adding an additional City Council meeting on August 26, 2025 This sixth amendment proposes moving the October 21, 2025, City Council meeting to October 14, 2025.
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FINANCIAL SUMMARY
There is no additional financial impact to the City of Stockton with this action.
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DRAFT ATTACHMENT A
53 City of Stockton
Legislation Text
File #: 25-0855, Version: 1
APPROVAL OF MEMORANDA OF UNDERSTANDING AND LONGEVITY PAY SIDE LETTERS
BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT UNIT
RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memoranda of Understanding (MOUs) effective July 1, 2025 through June 30, 2026, and Longevity Pay Side Letters with the following bargaining groups:
1. Stockton Police Management Association;
2. Stockton Firefighters’ Local 456 Fire Unit; and
3. Stockton Firefighters’ Local 456 Fire Management.
It is further recommended that the Acting City Manager and the Employee Relations Officer be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of these successor MOUs and side letters.
Summary
In February 2025, City representatives began negotiations with the Stockton Police Management Association (SPMA), Stockton Firefighters’ Local 456 Fire Unit (Fire), and Fire Management Units for successor MOUs, as the contracts were set to expire on June 30, 2025. The City reached a tentative agreement on a successor MOU with the SPMA, Fire, and Fire Management Units. Additionally, in an effort to address retention of Unit members, the City and the SPMA, Fire, and Fire Management Units met and conferred and agreed to a side letter for Longevity Pay.
The successor MOUs presented for the SPMA, Fire, and Fire Management Units include a contract term of one (1) year; a two percent (2%) Cost of Living Adjustment (COLA) effective September 1, 2025; Lump Sum Payment equal to two percent (2%) COLA from July 1, 2025 through August 31, 2025; and a two percent (2%) increase to the City’s health contribution effective January 1, 2026.
Also included is a reopener clause where if additional ongoing revenue source is identified during the term of the contract, the parties agree to meet to negotiate additional compensation items for unit members.
The Longevity Pay side letter presented for the SPMA, Fire, and Fire Management Units establishes a term from September 1, 2025, through March 31, 2034, to provide ongoing longevity based on specific eligibility criteria. Qualifying employees will also receive a one-time Lump Sum Payment City of Stockton Printed on 8/21/2025Page 1 of 8
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equivalent to two (2) months of longevity pay for July and August 2025. The side letter outlines that for the period of July 1, 2025 through June 30, 2026, the City will fund Longevity Pay using one-time reserves.
On August 15, 2025, the City received notification that members of the Fire Management Unit ratified the successor MOU and accepted to approve the Longevity side letter. The redlined version of the Fire Management Unit successor MOU is provided as Attachment A, and the side letter is included as Attachment B.
On August 18, 2025, the City received notification that members of the SPMA Management Unit ratified the successor MOU and accepted to approve the Longevity side letter. The redlined version of the SPMA Management Unit successor MOU is provided as Attachment C, and the side letter is included as Attachment D.
On August 20, 2025, the City received notification that members of the Fire Unit ratified the successor MOU and accepted to approve the Longevity side letter. The redlined version of the Fire Unit successor MOU is provided as Attachment E, and the side letter is included as Attachment F.
It is recommended that Council adopt, by resolution, the attached successor MOUs with the SPMA, Fire, and Fire Management Units effective July 1, 2025, through June 30, 2026, and approve, by resolution, the attached Longevity side letters for these units.
DISCUSSION
Background
In 2016, the City entered into three (3) year contract terms with all 9 bargaining units and was able to provide market salary adjustments to address recruitment and retention. Additionally, a six (6%) COLA was front-loaded in year one of the contracts for each bargaining unit. The City re-set the City health insurance premium contribution to 90% of the low-cost Kaiser plan and allowed employees to begin electing vacation cash-out/sell-back.
In 2020, the City entered into a three (3) year contract term with SPMA, Fire, and Fire Management Units wherein the bargaining unit members received a four percent (4%) COLA to base pay following adoption and a two percent (2%) COLA in the first full pay period following July 1, 2021. SPMA members in the classifications of Police Captain and Police Lieutenant received a base pay salary adjustment of one percent (1%) following adoption and an additional 0.5% in the first full pay period following July 1, 2021. Fire and Fire Management Unit members received a base pay salary adjustment of one percent (1%) following adoption and a 0.41% was added to the suppression classifications on the salary schedule for the addition of the Birthday Holiday effective in the first full pay period following July 1, 2021. Additionally, the bargaining units received a one-time lump sum payment of $1,650, a vacation cash-out option of 40 hours in years two (2) and three (3) of the contract, and an increase to the City’s health contribution effective the first full pay period following adoption.
In 2022, the City entered into a three (3) year contract term with SPMA, Fire, and Fire Management Unit. Under these agreements, bargaining unit members received a two percent (2%) COLA upon contract adoption, an additional two percent (2%) COLA on July 1, 2023, and another two percent City of Stockton Printed on 8/21/2025Page 2 of 8
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(2%) COLA on July 1, 2024. Market Adjustments were also provided over the term of the contract with a total increase of 12% for SPMA, 11.65% for Fire Unit, and 12% for Fire Management. In addition, members of these units received a one-time Lump Sum Payment of $5,000.
Present Situation
The relevant amendments under the successor MOUs for SPMA, Fire, and Fire Management Units are summarized as follows:
1. MOU contract term for one (1) year effective July 1, 2025, through June 30, 2026 (SPMA MOU Section 19, Fire Unit MOU Section 19, and Fire Management MOU Section 19).
2. Wage increases totaling 2% COLA effective September 1, 2025 (SPMA MOU Section 15.1 (a), Fire Unit MOU Section 15.9 (a), and Fire Management MOU Section 15.8).
3. Lump Sum Payment. Employees who are employed as of July 1, 2025 and who are in a paid status as of September 1, 2025, will receive a lump sum payment equal to the 2% COLA from July 1, 2025 through August 31, 2025 (SPMA MOU Section 15.1 (b), Fire Unit MOU Section
15.10, and Fire Management MOU Section 15.9).
4. City Health Contribution. 2% increase to City’s health insurance premium contribution effective January 1, 2026 (SPMA MOU Section 14.1 (c), Fire Unit MOU Section 14.1 (c), and Fire Management MOU Section 14.1 (c)).
5. Reopener. If an additional ongoing revenue source is identified, the parties will meet as soon as practicable to negotiate additional compensation items to be provided to the members during the term of the MOU (SPMA MOU Section 1.3, Fire Unit MOU Section 1.3, and Fire Management MOU Section 1.3).
6. Vacation Sellback provision allowing a vacation cash payment option/sell-back of up to eighty (80) hours of vacation for fiscal year 2025/2026 for a payment window of January 1, 2026, through June 30, 2026 (SPMA MOU Section 9.1 (d), Fire Unit MOU Section 9.1 (f), and Fire Management MOU Section 9.1 (f)).
7. Protected Nature of Family Sick Leave. Updating definition to include “designated person” per law update (SPMA MOU Section 9.2 (c), Fire Unit MOU Section 9.1 (c), and Fire Management MOU Section 9.2 (c)).
8. 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. (SPMA MOU Section 9.3 (a), Fire Unit MOU Section 9.3 (a), and Fire Management MOU Section 9.3 (a)).
9. Elimination of obsolete language and other language cleanup changes.
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The relevant amendments under the successor MOUs for Fire and Fire Management Units are summarized as follows:
10.Fair Labor Standards Act (FLSA). Adding the definition of “regular rate of pay” (Fire Unit MOU, Section 11.1 (f) and Fire Management MOU Section 11.2 (f)).
11.Retiree Medical Trust. Changes deductions to be made on a bi-weekly basis (Fire Unit MOU, Section 14.4 and Fire Management MOU Section 14.4).
MOU specific amendments are summarized as follows:
SPMA Unit:
12.Bi-Weekly Pay Period. Eliminating section that the City will move to bi-weekly pay as this is no longer applicable. The City moved to bi-weekly pay in 2024 (SPMA MOU Section 15.10).
13.Overtime Calculation. New section that provides for the inclusion of vacation and management time during a work period as “time worked” for purposes of calculating overtime in accordance with the Fair Labor Standards Act (FLSA) (SPMA MOU Section 11.1 (e)).
14.Police Lieutenant Salary Step After Promotion. Allows employees promoting from Police Sergeant to Police Lieutenant to be placed at a starting salary step of 4 of the Police Lieutenant classification. There are currently four (4) Police Lieutenants that will receive an increase to step 4 effective September 1, 2025 (SPMA MOU Section 15.5).
15.Special Assignment Pay. Adds the Ceasefire Section Commander, and Research and Development Commander as assignments eligible for the incentive pay (SPMA MOU Section
15.9).
Fire Unit:
16.Elimination of the Deputy Fire Marshall Series add pay that is no longer applicable (Fire Unit MOU, Section 13.12).
17.Administrative Positions. Adding clarifying language about how these positions are paid (Fire Unit MOU, Section 13.13).
Fire Management Unit:
18.Overtime Calculation. New section that provides for the inclusion of vacation leave during a work period as “time worked” for purposes of calculating overtime (Fire Management Unit MOU Section 11.2(e)).
19.Specialty Assignment. Adding clarifying language about specialty pay will be paid (Fire Management Unit MOU Section 13.10).
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The relevant items under the Longevity Pay side letter for SPMA, Fire, and Fire Management Units are summarized as follows:
20.Lump Sum Payment: For qualifying employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, the City will provide a one-time lump sum payment equivalent to two (2) months of longevity pay to all eligible employees, which will be paid as soon as administratively possible.
21.Ongoing Longevity Pay. Provides longevity pay at various percentages for employees with at least five (5), ten (10), fifteen (15), and twenty (20) years of paid service.
FINANCIAL SUMMARY
BASE PAY INCREASE
The total one-year cost for the COLA increases to base pay and other adjustments including longevity for the 228 employees in SPMA, Fire, and Fire Management is $3,124,644 of which $2,758,445 is a General Fund cost. The table below shows the base wage increase cost with associated benefits for the 1 year based on a September 1, 2025 implementation. Funding for an annual 2% COLA and health contribution increases for the term of the contract was planned in the L- RFP. The longevity adjustments were not included in previous L-RFP projections.
COLA INCREASES
Bargaining Unit # of Positions FY 2025-26 General Fund
Fire Unit 198 $ 758,541 $ 629,589
Fire Management Unit8 $ 49,733 $ 49,733 SPMA 22 $ 146,227 $ 146,227
TOTAL 228 $ 954,501 $ 825,549
HEALTH CONTRIBUTION INCERASES
The cost for the health contribution increases based on a September 1, 2025 implementation is $44,269 of which $37,923 is a General Fund cost. The ongoing cost will be absorbed in the operating funds, including the General Fund.
HEALTH CONTRIBUTION INCREASES
Bargaining Unit # of Positions FY 2025-26 General Fund
Fire Unit 198 $ 37,324 $ 30,979
Fire Management Unit8 $ 1,852 $ 1,852 SPMA 22 $ 5,093 $ 5,093
TOTAL 228 $ 44,269 $ 37,923
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ONE TIME LUMP SUM COLA
The cost to pay Fire, Fire Management, Unit and SPMA employees a lump sum payment equal to two months of the 2% COLA from July 1, 2025 through August 31, 2025 is $104,625 of which $90,341 is a General Fund cost.
ONE-TIME LUMP SUM COLA
Bargaining Unit FY 2025-26 General Fund
Fire Unit $ 84,026 $ 69,742
Fire Management Unit $ 5,509 $ 5,509 SPMA $ 15,090 $ 15,090
TOTAL $ 104,625 $ 90,341
ONE TIME LUMP SUM LONGEVITY
The cost to pay Fire, Fire Management, Unit and SPMA employees a lump sum payment equal to two months of the Longevity Pay from July 1, 2025 through August 31, 2025 is $144,033 of which $127,547 is a General Fund cost.
ONE-TIME LUMP SUM LONGEVITY
Bargaining Unit FY 2025-26 General Fund
Fire Unit $ 96,979 $ 80,493
Fire Management Unit $ 18,404 $ 18,404 SPMA $ 28,650 $ 28,650
TOTAL $ 144,033 $ 127,547
ANNUAL LEAVE AS TIME WORKED
The cost of counting vacation leave during a work period as “time worked” for purposes of calculating overtime for the Fire Management and SPMA Unit based on a September 1, 2025 implementation is $16,308 of which $16,308 is a General Fund cost.
ANNUAL LEAVE COUNTS AS TIME WORKED
Bargaining Unit FY 2025-26 General Fund
SPMA $ 11,472 $ 11,472
Fire Management Unit $ 4,837 $ 4,837 TOTAL $ 16,308 $ 16,308
ELIMINATE STEPS FOR LIEUTENANT
The cost of allowing employees promoting from Police Sergeant to Police Lieutenant to be placed at a starting salary step of 4 of the Police Lieutenant classification for the SPMA Unit based on September 1, 2025 implementation is $127,504 of which $127,504 is a General Fund cost.
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ELIMINATE STEPS FOR LIEUTENANT
Bargaining Unit FY 2025-26 General Fund
SPMA $ 127,504 $ 127,504
TOTAL $ 127,504 $ 127,504
VACATION SELLBACK
The cost of the vacation sell-back option for the next fiscal year is $309,227, of which $274,298 is a General Fund cost. However, there could be an offsetting increase in productivity if staff take cash in lieu of time off as the hours worked could increase.
VACATION SELLBACK
Bargaining Unit FY 2025-26 General Fund
Fire Unit $ 205,465 $ 170,536
Fire Management Unit $ 39,429 $ 39,429 SPMA $ 64,333 $ 64,333
TOTAL $ 309,227 $ 274,298
LONGEVITY
The cost of implementing longevity pay with benefits at various percentages for employees with at least five (5), ten (10), fifteen (15), and twenty (20) years of paid service for Fire, Fire Management, Unit and SPMA employees based on September 1, 2025 implementation is $1,424,178 of which $1,258,976 is a General Fund cost.
LONGEVITY
Bargaining Unit FY 2025-26 General Fund
Fire Unit $ 971,778 $ 806,576
Fire Management Unit $ 184,420 $ 184,420
SPMA $ 267,980 $ 267,980
TOTAL $ 1,424,178 $ 1,258,976
Below is a table showing the breakdown of total costs as One time and on going Total One Time Costs vs On Going
Costs
Total Costs of All
Compensation Packages
Impact to General Fund
One time $ 248,658 $ 217,887 On going $ 2,875,986 $ 2,540,558
TOTAL $ 3,124,644 $ 2,758,445
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All compensation increases, except one-time lump sum payments, are ongoing costs to the City. The total one-year cost of the successor Memoranda of Understanding (MOU) for the three units is $3,124,644 based on a September 1, 2025 implementation. The FY 2025-26 Annual Budget adopted by Council on June 24, 2025 must be amended to accommodate the increases in employee compensation. Funding for the increased costs will come from the Known Contingences category of the General Fund Reserves. With an effective date of September 1, 2025, the total FY 2025-26 cost of compensation changes are $3,124,644 with 88% attributable to the General Fund. The FY 2025- 26 cost will be slightly lower if implemented in a later pay period. The recommended budget amendment needed to implement the three MOUs will increase the General Fund budget by $2.7 million from the fund balance. Future year salary and benefit increases will be incorporated into the annual budget development process.
Attachment A - Fire Management Unit MOU - Redline
Attachment B - Fire Management Unit - Longevity Side Letter Attachment C - SPMA MOU - Redline
Attachment D - SPMA - Longevity Side Letter
Attachment E - Fire Unit MOU - Redline
Attachment F - Fire Unit - Longevity Side Letter
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61 FI
RE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY
OF STOCKTON
FIRE SERVICES MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters’ Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms andof conditions of employment for employees in the representation unit identified in Ssection 1 of this Memorandum of Understanding (MOU), 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 UnderstandingMOU is entered into pursuant to the Meyers-Milias- Brown Act (MMBA) (Government Code sSections 3500-3511) (“MMBA”) 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 undersigned regarding wages, hours and other terms and conditions of employment for the period commencing July 1, 20 2225, and ending on June 30, 20 2526. This agreement shall supersede all other existing agreements on the matters set forth herein.
ATTACHMENT A
62 FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON ii
TABLE OF CONTENTS
SEC
TION 1. RECOGNITION………………………………………………………….……….1
1.1 City Recognition……………………………………………………………………1
1.2 Union Recognition…………………………………………………………………1
1.3 Reopener…………………………………………………………………………...1
SECTION 2. UNION SECURITY……………………………………………………….……...2
2.1 Union Membership Dues and Payroll Deductions ........................................ 2
2.2 Use of City Facilities ..................................................................................... 3
2.3 Advance Notice ............................................................................................ 3
2.4 Attendance at Meetings by Employees/Release Time ................................. 4
2.5 New Hire Employee Orientation and Information Requirements .................. 4 SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT .………………………….5
3.1 Non-Discrimination/Equal Employment ........................................................ 5 SECTION 4. PROBATION .............................................................................................. 6 SECTION 5. LAYOFF...................................................................................................... 7
5.1 Layoff Scope ................................................................................................ 7
5.2 Notice of Layoff ............................................................................................ 7
5.3 Precedence by Employment Status ............................................................. 7
5.4 Employee Options ........................................................................................ 8 SECTION 6. REEMPLOYMENT ..................................................................................... 9 SECTION 7. DISCIPLINE .............................................................................................. 10 SECTION 8. GRIEVANCE PROCEDURES .................................................................. 11
8.1 Definition .................................................................................................... 11
8.2 Filing Deadline ............................................................................................ 11
8.3 Grievance Processing ................................................................................ 11
8.4 Scope of Arbitration .................................................................................... 12
8.5 Other Provisions ......................................................................................... 12 SECTION 9. LEAVES ................................................................................................... 14
9.1 Vacation Leave ........................................................................................... 14
ATTACHMENT A
63 FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON iii
9.2 Sick Leave .................................................................................................. 16
9.3 Other Leaves with Pay ............................................................................. 189
9.4 Workers' Compensation Leave .................................................................. 20
9.5 Leaves of Absence ..................................................................................... 21
9.6 Leaves of Absence without Pay ................................................................. 22
9.7 Absence Without Official Leave (AWOL) .................................................. 223 SECTION 10. DAYS AND HOURS OF WORK ........................................................... 234
10.1 Workweek .............................................................................................. 2 34
10.2 Shift Trades ............................................................................................ 234
10.3 Staffing ................................................................................................... 2 34 SECTION 11. OVERTIME ........................................................................................... 245
11.1 Overtime Authorization .......................................................................... 2 45
11.2 Fair Labor Standards Act (FLSA) Agreement ........................................ 2 45
11.3 Compensatory Time ............................................................................... 256
11.4 Fair Labor Standards Act ....................................................................... 2 56 SECTION 12. HOLIDAYS ........................................................................................... 2 78 SECTION 13. COMPENSATION OTHER THAN BASE SALARY ............................. 2930
13.1 PERS Benefits for Unit Employees hired on or before 12/28/2012 ...... 2930
13.2 PERS Benefits for Unit Employees hired on or after 12/29/2012 and bef
ore 01/01/2013 .................................................................................. 301
13.3 PERS Benefits for Unit Employees hired on or after 01/01/2013 ........... 301
13.4 Uniform Allowance ................................................................................. 3 12
13.5 Certificate Incentive Pay ........................................................................ 3 12
13.6 Emergency Medical Technician Certification ......................................... 3 12
13.7 Mileage Reimbursement for Private Vehicle Use ................................... 323
13.8 Longevity Pay ........................................................................................ 3 23
13.9 Contagious Disease ............................................................................... 323
13.10 Specialty Assignment Pay .................................................................... 334
13.11 Acting Pay ............................................................................................ 334
13.12 Call-Back Pay ....................................................................................... 334
ATTACHMENT A
64 FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON iv
13.13 Paramedic Certificate Pay .................................................................... 3 34
13.14 Wellness-Fitness Program ................................................................... 3 45
13.15 CalPERS Reportability ......................................................................... 3 45
13.16 Lapse of Certification ............................................................................ 3 45 SECTION 14. INSURANCE PLANS ............................................................................ 356
14.0 Reopener Clause for Health Insurance .................................................. 3 56
14.1 Health Insurance and Welfare Related Benefits .................................... 3 56
14.2 Long Term Disability ............................................................................... 3 67
14.3 Life Insurance .......................................................................................... 37
14.4 Retiree Medical Trust ............................................................................... 37
14.5 Survivors' Medical Benefit ...................................................................... 3 89 SECTION 15. SALARY PLAN ................................................................................... 3940
15.1 Salary Ranges ...................................................................................... 3940
15.2 Salary Upon Appointment .................................................................... 3940
15.3 Salary Equivalents ................................................................................ 3940
15.4 Salary Step After Military Leave ........................................................... 3940
15.5 Salary Step When Salary Range is Increased........................................ 4 01
15.6 Salary Step After Promotion or Demotion .............................................. 4 01
15.7 Salary on Reinstatement ........................................................................ 4 01
15.8 Salary Adjustments ................................................................................ 4 01
15.9 Bi-Weekly Pay Period ............................................................................... 41
15.109 Lump Sum Payment ............................................................................. 41 SECTION 16. SEPARABILITY OF PROVISIONS ......................................................... 42 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING .. 42 SECTION 18. SCOPE OF AGREEMENT ..................................................................... 42 SECTION 19. DURATION OF AGREEMENT ............................................................... 42 SECTION 20. MAINTENANCE OF OPERATIONS ....................................................... 42 APPENDIX A. COLA AND MARKET ADJUSTMENTS ................................................. 45
ATTACHMENT A
65 FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 1
SECTION 1. RECOGNITION
1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer- employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.
1.2 Union Recognition
Pursuant to Resolution No. 36,011, adopted by the Stockton City Council on February 14, 1979, Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, is the recognized employee organization representing the Fire Services Management Unit, hereafter referred to as the “Union.”
1.3 Reopener
No later than November 1, 2025, the City will provide the Union with an update on its economic status and whether the City has identified additional ongoing revenue that may be used to fund compensation increases for the Fire Management Unit. If additional ongoing revenue is identified, the parties will meet as soon as practicable to negotiate additional compensation items to be provided to Fire Management Unit employees during the term of this MOU.
ATTACHMENT A
66 FIRE
MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 2
SECTION 2. UNION SECURITY
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the Uunion. (1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence of terms of the authorization.
(7) Deduction notifications will be provided to [email protected]. (8) Chang
es and/or cancellations received by the City prior to the 15 th of the month will be processed no later than the first pay period of the
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second month. Example: 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.
(a) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 Use of City Facilities
The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department.
Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Ddepartment employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and, when made, shall continue until revoked by the Fire Chief.
City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
Members of the Union are prohibited from using City equipment and/or time for their personal use.
2.3 Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.
In cases of emergency whichthat constitute an imminent threat to the City’s financial
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and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representatives designated by the City Manager.
2.4 Attendance at Meetings by Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay, in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.
2.5 New Hire Employee Orientation and Information Requirements (a) In accordance with the Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of the new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system:
(1) Name;
(2) Job title;
(3) Department;
(4) Work location;
(5) Personal cellular telephone numbers, including work and home; (6) Personal email addresses as provided by new hire employee; and (7) Home address.
The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.
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SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT
3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Federal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.
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SECTION 4. PROBATION
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.
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SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of their position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.
5.1 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services Department
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development Department
(7) Community Services
(8) Economic Development
(9) Fire Department
(10) Human Resources Department
(11) Information Technology Department
(12) Municipal Utilities Department
(13) Police Department
(14) Public Works Department
5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.3 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories, as listed in ascending order:
(a) Extra Hhelp or seasonal
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(b) Provisional
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class, except as specified above. For the purpose of this procedure, part time classes shall be considered separate from, and shall be laid off prior to, regular full-time classes. The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Ddepartment.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a regular status or probationary status shall count as service time.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.
5.4 Employee Options
Employees laid off shall have the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in that classification who has the least (total service) seniority.
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SECTION 6. REEMPLOYMENT
When an employee in the classified service, whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily, is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list. Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur.
(a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee was demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or for a period of two (2) years from the date of separation due to layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.
The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have their name removed from the reemployment list, unless mutually agreed to by the Ddepartment and the employee.
If the changes listed above require Civil Service approval, the Association Union agrees to not object to these changes in the duration of reemployment lists consistent with this section.
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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.
The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in sSection 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.
If the employee fails to do (b) or (c) above within the prescribed time frames, those rights will have been waived.
Lesser forms of disciplinary actions, such as written reprimands and transfers for purposes of punishment that do not involve loss of pay, may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights ” (FBOR) Informal Discipline Appeal Procedure.”
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SECTION 8. GRIEVANCE PROCEDURES
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which results from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) business days of the time the affected employee received written notification of such action.
For purposes of this section, “business day” shall mean a day in which the Human Resources Department is open for business to the public. filing appeals and grievances, the City’s business days/hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding City-recognized holidays.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the Ddepartment within seven (7) working days from the day of presentation, or if the employee elects to submit the grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
(b) Step 2 - Director of Human Resources Review. Any employee or official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
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(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in paragraph section
8.1, above.
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. The arbitrator selected pursuant to this section shall not have the power to amend 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 arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.
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8.5 Other Provisions
If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the arbitrator finds that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.
All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of UnderstandingMOU shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and, if not detailed in the Memorandum of 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.
The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter or Civil Service Rules and Regulations, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations requires that another option be available to the employee, no action under Ssection 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.
No action under Ssection 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.
If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
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SECTION 9. LEAVES
9.1 Vacation Leave
(a) Accrued Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:
(1) 40-hour workweek employee:
Under 1.5 years 80 hours
1.5 – 7.5 years 108 hours
7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) 56-hour workweek employee:
Under 1.5 years 120 hours
1.5 – 7.5 years 162 hours
7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
Employees shall accrue vacation leave on a per pay period basis. (b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation leave until they are below the caps listed here. No vacation leave may be added to sick leave balances. (1) The
maximum number of vacation hours that employees on a 40-hour workweek shall accrue are as follows:
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
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28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
(2) The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:
Under 1.5 years 300 hours
1.5 – 7.5 years 360 hours
7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) Longevity Vacation Allowance
(1) This program is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 , will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) Annual longevity vacation allowance accrual credited on January 1, 2011, shall be reduced by fifty percent (50%).
(d) Scheduling
(1) 48/96 Shift Schedule. The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with their management responsibility to control and direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of Aaccrued Vvacation leave must be scheduled per year. The four (4) shift minimum is not required to be scheduled continuously and may be split into two (2) separate vacation periods of a minimum of two (2) consecutive shifts each.
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b. Any Aaccrued Vvacation leave that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
(e) Vacation Allowance for Separated Employees. Employees separating from City service for any reason who have unused vacation leave shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation hours shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
(f) Vacation Allowance Sellback
Effective for fiscal year 2025/2026 only, employees may elect to sell back up to a maximum of eighty (80) hours from their unused accumulated vacation balance and/or frozen longevity vacation allowance (if applicable), after the use of a scheduled vacation of forty (40) 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 st of 2025, for a payment window of January 1, 2026, through June 30, 2026. The cash out election is irrevocable, and the City will follow IRS regulations regarding cash payment of leave.
(e)
9.2 Sick Leave
(a) Accrual. All regular status employees on a forty (40) hour workweek schedule, except provisional, temporary, and part - time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part -time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part- time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee. (b) Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.
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An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved Family Medical Leave Act ( FMLA) or California Family Rights Act ( CFRA) leave.
Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, legal dependent, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild, and “designated person .” For the 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.
(d) Procedures for Requesting and Approving Sick Leave. The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request in writing authorization for such sick leave from the Fire Chief or their designee prior to such absence.
Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to the Fire Chief or their designee a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief or their designee.
(e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's certificate or other reasonable proof of illness may be required by the Fire Chief.
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The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave provided that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or (2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Accessibility and Reporting. All officers and membersemployees of the Ddepartment on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee.
Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.
All officers and membersemployees of the Ddepartment on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period. Sick leave may be granted for any period of time approved by the Fire Chief. (i) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for California Public Employees’ Retirement System ( CalPERS) service credit at retirement based on the CalPERS contract provisions applicable to their employment. (j) CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012, shall be eligible to convert up to two thousand and
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eighty (2080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
(k) Sick Leave Retention Benefit. After subtracting the equivalent of one (1) full year of service credit , (two thousand and eighty hours ( 2080 hours)), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after July 1, 2015.
9.3 Other Leaves with Pay
(a) Be
reavement Leave. In the event of a death in the employee’s immediate family, of an employee, the employee shall, upon their request, be granted up to three (3) days of paid bereavement leave. with pay and without charge to their accumulated sick leave or vacation leave. A “day” shall be the number of hours an employee is normally scheduled to work during each day (e.g., 8, 10, 24 hours). TheEmployees shall, upon request, City Manager maybe granted an additional two (2) days of bereavement leave upon request, which shall be charged against the employee's accumulated sick leave or vacation leave. in cases where extensive travel is required to attend the funeral. For the purposes of this section, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee, as defined above, the employee's department headFire Chief or designee may grant up to three (3) days leave upon request, which shall be charged against the employee's accumulated sick leave or vacation leave. (b) Court
Appearance. Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case,
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other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving full pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) On-duty employees shall return to work immediately upon release from court.
(3) Absences from duty will be without pay when the employee appears in private litigation to which the City is not a party.
(4) Notwithstanding the foregoing, attendance in court or at a deposition in connection with an employee’s official duties for a case in which the City is a party, together with travel time and necessarily involved, shall not be considered in terms of actual hours spent performing those duties and paid as hours worked.
(c) Maternity Leave. Time off from work for pregnancy, childbirth, and related medical conditions will be covered as required by State and Federal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case and the time medically required to recuperate . Generally, a six (6) week recovery period after delivery is medically indicated. (d) Military Leave. An employee of the City who is a member of the National Guard, or Naval Militia , or a member of the Reserve Corps, or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
All regular status employees in the service of the City who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency. Except as hereafter stated, said employees shall be reinstated into City service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
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Two (2) or more regular employees granted military leave of absence without pay from the same position shall be re-employed according to their seniority of employment, provided they are physically fit, as above specified.
9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, their duties, the employee shall become entitled, regardless of their period of service with the City, to a leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as they are retired on permanent disability pension.
If injury is claimed to be job-related or a recurrence of a previous job-related sickness or injury, it must be verified with a written physician's statement. Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence. The company officer should originate a "Supervisor's Report of Accident" form (Form 78). (a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(b) Accessibility and Reporting. All officers and membersemployees of the Ddepartment on leave for injury (job-related or non-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.
All officers and membersemployees of the Ddepartment on leave for injury (job-related or non-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office. (c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period.
(d) Forms and Procedures. Workers’ cCompensation processing shall be consistent with City procedures and in accordance with State wWorkers’ cCompensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on-
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the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.
9.5 Leaves of Absence
Employees shall not be entitled to leaves of absences as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.
Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.
The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence.
Authorized absences without pay that exceed thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.
9.6 Leaves of Absence without Pay
(a) Purpose and Length. Only employees occupying positions on a regular status basis are eligible for leaves of absence without pay under the provisions of thise section.
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An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.
Leaves of absence without pay on account of illness or injury, which are not job related, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
Such a leave will be granted only after all accrued sick leave has been used and shall be substantiated by a physician's statement.
(b) Application For and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief or the Fire Chief’s representative to evaluate the request. Leaves of absence without pay may be canceled by the Fire Department at any time.
9.7 Absence Without Official Leave (AWOL)
(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the Ddepartment or City Manager or at the expiration of a leave shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.
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SECTION 10. DAYS AND HOURS OF WORK
10.1 Workweek
Except in cases of conflagration, flood, or similar emergency, the basic workweek of any member of this unit shall not be more than fifty-six (56) hours per week, averaged over a twelve (12) week period. All working shifts will commence at 0800 hours, with the exception of the employees assigned to work in the Fire Department’s Administration Offices, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.
10.2 Shift Trades
Employees in this unit will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief.
Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.
10.3 Staffing
The City has management rights to determine staffing , and the City will comply with applicable California Occupational Safety and Health Act (CalOSHA) laws.
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SECTION 11. OVERTIME
11.1 Overtime Authorization
All compensable overtime must be authorized by the department headFire Chief or their designated representative(s) in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.
11.2 Fair Labor Standards Act (FLSA) Agreement
(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
(b) “Day shift employees” means Fire Management Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.).
(c) 24-hour Shift Employees.
(1) Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of their eight (8)
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regularly scheduled shiftsone-hundred and eighty-two (182) hours within thea twenty-four (24) day work period.
(2) Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive two three point nine twoone six (2.923.16) hours per pay period (twenty-six (26) pay periods) for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of one hundred and eighty-two ( 182) and one hundred and ninety-two ( 192) hours in a twenty-four (24) day work period.
(d) For dDay sShift employees, overtime shall be paid at the rate of time and one half (1-½) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Sick lLeave, bBereavement lLeave, iIndustrial iIllness or iInjury lLeave (4850) taken within the work period 4850 leave begins or ends, vacation leave taken within the work period, and jJury dDuty lLeave shall also count as actual time worked. Vacation Leave, or oOther time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in aAdministrative assignments where holidays are observed only. (e) (f) The regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee” as defined by the FLSA.
11.3 Compensatory Time
(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to, or in excess of, their normal work schedule. (b) Use. Such cCompensatory tTime must be taken during the work period in which it is earned and will be credited in accordance with Ssection 11.1 above.
The accrual of cCompensatory tTime and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that they are unable to take accrued cCompensatory tTime during the work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½) depending upon the number of hours worked by the employee during the work period consistent with Ssection 11.1 above.
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(c) Department Policy. Compensatory tTime for sworn forty (40) -hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.
11.4 Fair Labor Standards Act
The City and the Union shall cooperate with each other to promptly resolve any issue that may arise during the term of this Memorandum of UnderstandingMOU regarding compliance with the Fair Labor Standards ActFLSA. Any dispute which involves the interpretation or application of the Fair Labor Standards ActFLSA may be referred to the City Manager by the complaining party or by the Director of Human Resources.
Such referral shall be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides.
(a) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work. Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment.
(b) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule conflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative.
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SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this Memorandum of UnderstandingMOU by the Fire Management Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section. The City observes the following holidays on the dates indicated:
(1) New Years Day (January 1)
(2) Martin Luther King’s Birthday (Third Monday in January) (3) Lincoln’s Birthday (Second Monday in February)
(4) Washington’s Birthday (Third Monday in February)
(5) Cesar Chavez Day (March 31-FLOATINGFloating)
(6) Memorial Day (Last Monday in May)
(7) Independence Day (July 4)
(8) Labor Day (First Monday in September)
(9) Columbus Day (Second Monday in October)
(10) Veterans’ Day (November 11)
(11) Thanksgiving (Fourth Thursday in November)
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(12) The day following Thanksgiving (Fourth Friday in November) (13) Christmas Day (December 25)
(14) Birthday Holiday
(b) Effective July 1, 2021, 0.41% waswill be added to the suppression classifications on the salary schedule for the bBirthday hHoliday.
(c) Effective August 1, 2011, the differential for aAdministrative pPositions in this unit in Ssection 13.12 waswill be increased by 6.34%.
(d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.
For positions that observe holidays, the FLOATINGfloating holiday must be used by December 31 of each year and does not carry forward into the subsequent year.
There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). (e) For positions that observe holidays, in order to receive hHoliday pPay the employee must be in a paid status the day before and the day after the holiday. (f) Birt
hday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, beginning on the day of the employee’s birthday.
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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012, with the California Public Employees’ Retirement System (CalPERS) 3% @at 50 local safety pension formula based on the single highest year.
(b) Additional CalPERS Benefits.
(1) The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to two thousand and eighty ( 2,080) hours (Government Code s Section 20965), Survivor Benefit Level 4 (Government Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code Section 21635), Continuation of Death Benefits After Remarriage (Government Code Section 21551), and Military Service Credit as Public Service and for Retired Person at the employees’ expense (Government Code Sections 21024 and 21027).
(2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this Memorandum of UnderstandingMOU.
(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compensation as determined by Sstate law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code sSection 20691.
(d) EPMC Payrate Conversion. The City will cease paying the nice percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays their nine percent (9%) employee contribution on a pre-tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code sSection 20692. Instead of applying these sSection 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve (12) month period prior to the effective date of retirement. Employees who wish to select this option, shall
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indicate this on the City’s EPMC Authorization form provided by Human Resources.
(e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012, agree to continue sharing the cost of the CalPERS 3% @at 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than the nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll deduction. If during the term of this agreement legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employee’s share of retirement contribution thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible consistent with CalPERS regulations , to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.
13.2 Public Employee Retirement System Benefits for Unit Employees Hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 , and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013, who qualify as classic members with the CalPERS 3% @at 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pre-tax basis toward the employee contribution for the pension benefits and are not subject to the Government Code Section 20516 cCost sSharing provision in Ssection
13.1(e) above.
13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013, without reciprocity (i.e., “new” members) the CalPERS 2.7% @at 57 local safety pension formula based on the three (3) year final compensation period and no
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optional or enhanced benefits except for statutorily required enhancements.
Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal cost” as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code Section 20516 cCost sSharing provision in Ssection 13.1 (e) above.
13.4 Uniform Allowance
Effective after adoption of this Memorandum of UnderstandingMOU , employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.
13.5 Education Incentive Pay
(a) Employees who satisfy the education and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of the employee’s classificationrank.
(b) Employees who satisfy the education and service requirements for an advanced education certification shall receive five percent (5%) of the top step of the employee’s classificationrank.
13.6 Emergency Medical Technician (EMT) Certification
Employees in this unit shall be responsible for maintaining EMT certification.
It is the policy of the Stockton Fire Department that all sworn employees assigned to line fire suppression activities and working in the classification rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (EMT) certification or face disciplinary procedures detailed below.
Each member shall secure EMT certification within one (1) year of commencement of employment and maintain that certification throughout their career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.
All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member fails to re-certify after one (1) attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re-certification in
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accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt or the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR training and certification by the Division of Training prior to assignment to line fire suppression activities.
Members whose certification lapses shall have eighteen (18) months to complete an EMT re-certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one (1) pay grade until EMT re-certification is achieved.
A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination.
Any disputes that result from this agreement shall be handled in accordance with the grievance procedures.
13.7 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle, employees in this unit will be reimbursed for actual mileage at the current rate established by the City.
13.8 Longevity Pay
(a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011, who by July 1, 2012 , have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one-quarter percent (1.25%) of top step pay for their classification. (b) Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011, who by July 1, 2012, have attained twenty-two (22) years of continuous employment with the City shall receive an additional one point six three percent (1.63%) of top step pay for their classification.
13.9 Contagious Disease
The Cit
y shall make available, at no cost to the employee, screenings for all strains
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of hepatitis, hepatitis B vaccinations, and shall monitor employees’ exposure to tuberculosis.
13.10 Specialty Assignment Pay
Battalion Chiefs assigned to a forty (40)-hour workweek will receive additional compensation equal toof nineteenthirteen point six seventhree three percent (19.6713.33%) ofabove their regular rates of pay. The 19.67% includes the six point three four percent (6.34%) referenced in section 12(c) of this MOU. The duration of any such assignment shall be at the sole discretion of the Fire Chief. Note: The FLSA rate was three point three three percent (3.33%) so this rate is not increasing.
13.11 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
13.12 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after they have worked a scheduled shift and have departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½) of their regular rate of pay for time worked, whichever is greater.
The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis, which shall include the employee’s travel time.
13.13 Paramedic Certificate Pay
(a) The City shall compensate Battalion Chiefs who are San Joaquin County licensed and accredited Paramedics three percent (3%) of top salary step of classificationrank.
(b) Continuin
g Education for Paramedics. Upon prior approval of the Fire Chief, the City will compensate members of the Fire Management unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in
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a two (2) year certification period.
(c) Administrative Captains that maintain a paramedic license and are assigned by the Chief to work on the line as a paramedic shall receive paramedic incentive pay.
(d) Administrative Firefighters and Administrative Engineers that maintain a paramedic license and are able to work on the line as a paramedic shall receive paramedic incentive pay.
13.14 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
(a) Participation in the Wellness-Fitness Program is mandatory for the program ’s testing, evaluations, and daily physical training requirements. (b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. (d) The Union Labor and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.
13.15 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of UnderstandingMOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingMOU is outside the City’s control.
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13.16 Lapse of Certification
An employee receiving an add pay under Ssection 13 of this Memorandum of UnderstandingMOU, whose certification lapses, will not be eligible for the add pay and will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.
SECTION 14. INSURANCE PLANS
14.0 Reopener Clause for Health Insurance
The Association Union agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.
14.1 Health Insurance and Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus one (1) , and Employee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Towards the Cost of Insurance Programs. (1) Effective January 1, 2026July 1, 2022, the City shall contribute the following:
a. Up to $ 697814 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
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b. Up to $ 1,2651,477 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $ 1,6851,968 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(2) Effective July 1, 2023, City shall contribute the following:
a. Up to $711 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,290 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,719 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective July 1, 2024, City shall contribute the following:
a. Up to $725 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,316 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,753 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
These contributions are based on full-time employment ; regular status part- time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, vision, and dental to be pre-tax premium conversion.
ATTACHMENT A
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(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
14.2. Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.
14.3. Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.
14.4. Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Management Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Management Unit members to be contributed to the Trust.
The Trust shall be and remain separate and apart from any Employer health insurance funding program.
Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a bi-weekly payroll deduction. This contribution amount shall be included in the above-referenced notice to the City. Individuals who attain regular status in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.
To the extent authorized by law, all contributions shall be made on a pre-tax basis.
The employee assumes full responsibility and liability for tax consequences related to contributions to and/or withdrawals from the Trust. There shall be no employee election or option to take the contribution amount in cash. The Union has the right to
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 39
alter the amount of salary deduction during the course of this Agreement, on a uniform basis, for all employees covered by the Agreement, subject to approval of its members according to the Union’s bylaws and applicable laws. The Union shall provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.
The City shall not charge the Union or Fire Management Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Management Unit members in the Trust.
The Union agrees, to the fullest extent permitted by applicable law, to indemnity and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.
The City provides no guarantee to employees regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this contract shall constitute a guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All payments, in the form of employee contributions, to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan. The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in this contract.
The City’s obligation to provide pre-tax deposits would remain subject to Internal Revenue Service (IRS) rules as they may be revised in the future. Should the Internal Revenue ServiceIRS later determine that these contributions are no longer permissible on a pre-tax basis, the City shall cease deducting such amounts from employee compensation.
Participation in the Trust shall be the complete and sole responsibility of the Union.
The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect to the Trust. The City has no fiduciary duty with respect to the Trust.
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 40
14.5 Survivors’ Medical Benefit
The City in accordance with State law and its provisions , shall provide medical, dental, prescription, and vision benefits to the surviving spouse and children of Battalion Chiefs killed in the line of duty. These benefits shall discontinue upon marriage of the Battalion Chief’s surviving spouse. The medical coverage shall be secondary at age sixty-five (65).
14.6 Nothing in this section shall be construed to create vested rights to benefits for employees or retirees after the expiration of this Memorandum of UnderstandingMOU.
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 41
SECTION 15. SALARY PLAN
15.1 Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full - time employment for each classification unless the schedule specifically indicates otherwise.
15.2 Salary Upon Appointment
Employees henceforth promoted to the classification of Battalion Chief will receive a five percent (5%) salary increase above current base pay salary on the salary schedule six (6) months after their advancement to the Battalion Chief classification , and may be moved in five percent (5%) increments by the Fire Chief annually until the top of the range is reached. Increases in excess of five percent (5%) may be granted upon recommendation of the Fire Chief and approval of the City Manager.
Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.
Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.
Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.
15.3 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for calculating payments for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.4 Salary Step After Military Leave
Upon returning to City service, all employees who have been granted military leave shall be entitled to the automatic salary advancements within the range/scale of the
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 42
established salary range for their classifications for the period they were in the military service.
15.5 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.
15.6. Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank classification to a position in a higher rank classification and, at the time of promotion, is receiving a salary equal to or greater than the minimum rate for the higher classificationrank, that employee shall be promoted to a step in the salary range of the higher rank classification which is at least five percent (5 .0%) above the current base pay salary , on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher rankclassification.
Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary after promotion rules shall apply.
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank classification to which demoted.
15.7 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation, unless there has been an increase within the salary range.
15.8 Salary Adjustments
(a) Effective July 1, 2022September 1, 2025, all bargaining unit classifications will receive a tentwo percent (102%) Cost of Living Adjustment (COLA) increase to base pay (comprised of a two percent (2%) COLA and an eight percent (8%) Market Adjustment).
(b) Effective July 1, 2023, all bargaining unit classifications will receive a four percent (4%) increase to base pay (comprised of a two percent (2%) COLA and a two percent (2%) Market Adjustment).
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 43
(c) Effective July 1, 2024, all bargaining unit classifications will receive a four percent (4%) increase to base pay (comprised of a two percent (2%) COLA and a two percent (2%) Market Adjustment).
15.9 Bi-Weekly Pay Period
The City and the Association agree to move to a bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.910. Lump Sum Payment
Each employee who is employed in the bargaining unit as of January 1, 2024 will receive a five thousand ($5,000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
Employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, will receive a lump sum payment equal to the two percent (2%) COLA from July 1, 2025 through August 31, 2025, to be paid as soon as administratively possible.
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 44
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of UnderstandingMOU are declared by a court of competent jurisdiction to be illegal or unenforceable, that 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.
SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of UnderstandingMOU.
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 specifically 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 the meeting and conferring process.
SECTION 19. DURATION OF AGREEMENT
Upon its adoption by the Stockton City Council, this Memorandum of UnderstandingMOU shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including the 30th day of June 202526.
SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 45
represented thereby agrees that from the date of execution of this Memorandum of UnderstandingMOU, through and inclusive of June 30, 20 2526, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing) against the City, the individual or concerted failure to report for duty, or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has been engaging in any activity prohibited by subsection (a) of this section. In addition, the City may take other action that it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of UnderstandingMOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event any activity prohibited by subsection (a) occurs, the Union agrees to take any and all steps necessary to assure compliance with this Memorandum of UnderstandingMOU.
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 46
IN WITNESS WHEREOF this Memorandum of UnderstandingMOU was ratified by a membership vote of the UnionAssociation on ________,day of ________, 202225 , and by an affirmative vote of the Stockton City Council on ____________, 20 22 25. The parties hereto have executed this Memorandum of Understanding this _______day of ________, 2022 25.
STOCKTON FIRE FIGHTERS’
LOCAL UNION 456
Fire Services Management Unit City of Stockton
___________________________________ _________________________________
MARIO GARDEA DEVIN ROBSON HARRY BLACKWILLIAM CREW President, Local 456 Acting City Manager
__
_______________________________
MATT KNIERIM ROSEMARY RIVAS
Fire Management Representative Interim Director of Human Resources Approv
ed as to form: Approved as to form:
RAINS LUCIA STERN, PC LORI M. ASUNCION, City Attorney
By: By:
________________________________ _________________________________ TIMOTHY K. TALBOT MARCI A. ARREDONDOTARYN JONES
Attorney for the UnionAssociation Deputy Assistant City Attorney By:
__
_______________________________
BURKE DUNPHYEMILY PRESCOTT
Negotia tor for the City
ATTEST:
_________________________________
ELIZA GARZAKATHERINE ROLAND
City Clerk
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 47
APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1-
Effective 7/1/22;
Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Fire Battalion Chief 9,223.50
9 ,
6 9
7 .
4 2
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5 3
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,
7 1
8 .
6 8
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,
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COLA and MA year 1 (10%) 922.35 969.74 1,019.45 1,071.87 1,126.86 1,184.81 Year 1 - Monthly Salary 10,145.85 10,667.16 11,213.98 11,790.55 12,395.45 13,032.93 COLA and MA year 2 (4%) 405.83 426.69 448.56 471.62 495.82 521.32 Year 2 - Monthly Salary 10,551.68 11,093.85 11,662.54 12,262.17 12,891.27 13,554.25 COLA and MA year 3 (4%) 422.07 443.75 466.50 490.49 515.65 542.17 Year 3 - Monthly Salary 10,973.75 11,537.60 12,129.04 12,752.66 13,406.92 14,096.42 COLA and MA year 1 (10%) 922.35 969.74 1,019.45 1,071.87 1,126.86 1,184.81 Year 1 - Monthly Salary 10,145.85 10,667.16 11,213.98 11,790.55 12,395.45 13,032.93 COLA and MA year 2 (4%) 405.83 426.69 448.56 471.62 495.82 521.32 Year 2 - Monthly Salary 10,551.68 11,093.85 11,662.54 12,262.17 12,891.27 13,554.25 COLA and MA year 3 (4%) 422.07 443.75 466.50 490.49 515.65 542.17 Year 3 - Monthly Salary 10,973.75 11,537.60 12,129.04 12,752.66 13,406.92 14,096.42 Fire Battalion Chief - Admin 8,692.73
9 ,
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COLA and MA year 1 (10%) 869.27 913.95 960.80 1,010.21 1,062.04 1,116.67 Year 1 - Monthly Salary 9,562.00 10,053.40 10,568.82 11,112.29 11,682.46 12,283.33 COLA and MA year 2 (4%) 382.48 402.14 422.75 444.49 467.30 491.33 Year 2 - Monthly Salary 9,944.48 10,455.53 10,991.57 11,556.78 12,149.76 12,774.66
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 48
COLA and MA year 3 (4%) 397.78 418.22 439.66 462.27 485.99 510.99 Year 3 - Monthly Salary 10,342.26 10,873.75 11,431.24 12,019.05 12,635.75 13,285.65 COLA and MA year 1 (10%) 869.27 913.95 960.80 1,010.21 1,062.04 1,116.67 Year 1 - Monthly Salary 9,562.00 10,053.40 10,568.82 11,112.29 11,682.46 12,283.33 COLA and MA year 2 (4%) 382.48 402.14 422.75 444.49 467.30 491.33 Year 2 - Monthly Salary 9,944.48 10,455.53 10,991.57 11,556.78 12,149.76 12,774.66 COLA and MA year 3 (4%) 397.78 418.22 439.66 462.27 485.99 510.99 Year 3 - Monthly Salary 10,342.26 10,873.75 11,431.24 12,019.05 12,635.75 13,285.65 Fire Battalion Chief (22 years) 9,373.84
9 ,
8 5
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,
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4 0
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,
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,
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2 4
COLA and MA year 1 (10%) 937.38 985.55 1,036.07 1,089.34 1,145.23 1,204.12 Year 1 - Monthly Salary 10,311.22 10,841.05 11,396.76 11,982.74 12,597.50 13,245.36 COLA and MA year 2 (4%) 412.45 433.64 455.87 479.31 503.90 529.81 Year 2 - Monthly Salary 10,723.67 11,274.69 11,852.63 12,462.05 13,101.40 13,775.18 COLA and MA year 3 (4%) 428.95 450.99 474.11 498.48 524.06 551.01 Year 3 - Monthly Salary 11,152.62 11,725.68 12,326.73 12,960.53 13,625.45 14,326.19 COLA and MA year 1 (10%) 937.38 985.55 1,036.07 1,089.34 1,145.23 1,204.12 Year 1 - Monthly Salary 10,311.22 10,841.05 11,396.76 11,982.74 12,597.50 13,245.36 COLA and MA year 2 (4%) 412.45 433.64 455.87 479.31 503.90 529.81 Year 2 - Monthly Salary 10,723.67 11,274.69 11,852.63 12,462.05 13,101.40 13,775.18 COLA and MA year 3 (4%) 428.95 450.99 474.11 498.48 524.06 551.01 Year 3 - Monthly Salary 11,152.62 11,725.68 12,326.73 12,960.53 13,625.45 14,326.19 Fire Battalion Chief (22 years) - Admin 8,834.42
9 ,
2 8
8 .
4 3
9 ,
7 6
4 .
6 3
1 0
,
2 6
6 .
7 5
1 0
,
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3 .
5 4
1 1
,
3 4
8 .
6 9
COLA and MA year 1 (10%) 883.44 928.84 976.46 1,026.68 1,079.35 1,134.87 Year 1 - Monthly Salary 9,717.86 10,217.27 10,741.09 11,293.43 11,872.89 12,483.56
ATTACHMENT A
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TERM: JULY 1, 202225 – JUNE 30, 202526
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COLA and MA year 2 (4%) 388.71 408.69 429.64 451.74 474.92 499.34 Year 2 - Monthly Salary 10,106.58 10,625.96 11,170.74 11,745.16 12,347.81 12,982.90 COLA and MA year 3 (4%) 404.26 425.04 446.83 469.81 493.91 519.32 Year 3 - Monthly Salary 10,510.84 11,051.00 11,617.57 12,214.97 12,841.72 13,502.22 COLA and MA year 1 (10%) 883.44 928.84 976.46 1,026.68 1,079.35 1,134.87 Year 1 - Monthly Salary 9,717.86 10,217.27 10,741.09 11,293.43 11,872.89 12,483.56 COLA and MA year 2 (4%) 388.71 408.69 429.64 451.74 474.92 499.34 Year 2 - Monthly Salary 10,106.58 10,625.96 11,170.74 11,745.16 12,347.81 12,982.90 COLA and MA year 3 (4%) 404.26 425.04 446.83 469.81 493.91 519.32 Year 3 - Monthly Salary 10,510.84 11,051.00 11,617.57 12,214.97 12,841.72 13,502.22
ATTACHMENT A
114
Side Letter Agreement – Longevity Pay
Side Letter Agreement
Between
The City of Stockton and the Stockton Firefighters’ Local 456 (Fire Mgmt. Unit) Effective September 1, 2025 through March 31, 2034
Longevity Pay
This will confirm an understanding reached between the City of Stockton (hereinafter referred to as “City”) and the Stockton Firefighters’ Local 456 (hereinafter referred to as “Fire Mgmt. Unit”).
In an effort to address retention of Fire Mgmt. Unit employees, the City and the Fire Mgmt.
Unit have met and conferred and agree on the following:
1. Longevity Pay
a. Lump Sum Payment. For qualifying employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, the City will provide a one-time lump sum payment equivalent to two months of longevity pay to all eligible employees, which will be paid as soon as administratively possible. This payment represents compensation for longevity earned during the period of July 1, 2025 to August 31, 2025, based on the employees’ length of service with the City, as defined in eligibility criteria in section 1.b below. This payment will be reported as longevity pay and allocated to the corresponding pay periods in which it was earned. Longevity pay will continue to be provided on an ongoing basis as outlined in this Side Letter.
b. Eligibility criteria:
(1) Employees with five (5) years of paid service with the City shall receive additional compensation in the amount of two percent (2.0%) above their hourly rate of pay, paid on a per pay period basis. (2) Employees with ten (10) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (four percent (4%) combined total), paid on a per pay period basis.
(3) Employees with fifteen (15) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (six percent (6%) combined total), paid on a per pay period basis. (4) Employees with twenty (20) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (eight percent (8%) combined total), paid on a per pay period basis.
ATTACHMENT B
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Side Letter Agreement – Longevity Pay Page 2
2. The parties agree to execute this side letter with the mutual understanding that it is the intent of both parties for longevity pay to remain an ongoing component of employee compensation. For the period of July 1, 2025 through June 30, 2026, the City will fund longevity pay using one-time reserves. While permanent ongoing funding has not yet been identified, the City will make every effort to ensure the continuation of longevity pay in subsequent years. Continuation will remain in place unless circumstances make funding unsustainable. If such circumstances arise, the City will meet and confer with the Union in good faith to explore options for maintaining longevity pay. If no mutually acceptable solution is reached, the City Manager will make a final determination on funding availability, taking into account the information and input provided during the meet-and-confer process.
3. Limited Term of Side Agreement: This side letter agreement shall be effective on September 1, 2025 and cease to be operative no later than 11:59 p.m. on March 31, 2034 unless the parties agree to conclude it earlier or extend this side letter by mutual agreement at any time. The provisions of this side letter are not subject to the grievance process.
FOR THE CITY: FOR THE FIRE MGMT. UNIT:
Will Crew, Acting City Manager
Date: ____________________________
Timothy K. Talbot, Fire Unit Negotiator
Date: ___________________________
Cha
d Reed, Deputy City Manager, ASD
Date: ____________________________
Devin Robson, President, Local 456
Date: ___________________________
Rosemary Rivas, Director of HR
Date: ____________________________
Lori Asuncion, City Attorney
Date: ____________________________
ATTACHMENT B
116
CIT
Y OF STOCKTON
POLICE MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING
PREAMBLE
The Stockton Police Management Association (SPMA) and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees employed in the representation unit identified in Ssection 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 Meyers-Milias-Brown Act (MMBA) (Government Code Sections 3500-3511) and has been jointly prepared by the parties.
This Memorandum of Understanding MOU shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 20 2225, through June 30, 202526. This agreement shall supersede all other existing agreements on these matters set forth herein.
ATTACHMENT C
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POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON ii
TABLE OF CONTENTS
Section 1. Recognition ................................................................................................. 1 Section 2. Union Association Rights............................................................................. 2 Section 3. Non-Discrimination ...................................................................................... 5 Section 4. Probation ..................................................................................................... 6 Section 5. Layoff........................................................................................................... 7 Section 6. Reemployment .......................................................................................... 10 Section 7. Discipline ................................................................................................... 11 Section 8. Grievance Procedures ............................................................................... 12 Section 9. Leaves ....................................................................................................... 16 Section 10. Days and Hours of Work ........................................................................... 25 Section 11. Overtime .................................................................................................... 26 Section 12. Holidays ..................................................................................................... 27 Section 13. Compensation and Allowances other than Base Salary ............................ 29 Section 14. Insurance Plans ......................................................................................... 34 Section 15. Salary Plan .............................................................................................. 376 Section 16. Separability of Provisions ...................................................................... 4039 Section 17. Practices and existing Memoranda of Understanding ........................... 4039 Section 18. Scope of Agreement .............................................................................. 4039 Section 19. Duration of Agreement .......................................................................... 4039 Section 20. Maintenance of Operations ..................................................................... 4 10 Section 21. Bankruptcy .............................................................................................. 4 21 APPENDIX A. COLA and Market Adjustments ........................................................... 43
ATTACHMENT C
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POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON 1
Section 1. Recognition
1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereinafter referred to as the "City" in employer-employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.
1.2 Association Recognition
The Stockton Police Management Association, hereinafter referred to as the "Association" is the recognized employee organization for the Police Service Management Unit, certified pursuant to Resolution No. 38,738, adopted by the City Council on November 23, 1981.
1.3 Reopener
The Association agrees to meet at the City’s request for the purpose of meeting and conferring on any changes that would be a mandatory subject of bargaining that may result from any City proposal on organizational, operational, or staffing changes that are a result of efficiency measures during the term of this agreement.
If additional revenue is identified, the parties will meet as soon as practicable to negotiate additional compensation items to be provided to the SPMA employees during the term of this MOU ending on June 30, 2026.
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SECTION 2. UNION ASSOCIATION RIGHTS
2.1 Union Association Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, canceling, or changing payroll deductions for Union Association membership dues deductions.
(b) As certified in writing by the Union Association to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union Association membership dues, initiation fees, general assessments, and payments for membership benefits programs sponsored by the Union Association from the salary or wages of all bargaining unit employees, and pay such amounts to the union Association.
(1) All employee requests to cancel or change membership dues deductions shall be directed to the Union Association.
(2) The City shall rely upon written notification from the Union Association for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union Association 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 Association certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the UnionAssociation.
(6) The Union Association is not required to provide a copy of individual employee authorizations to the City , unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notification will be provided to [email protected].
(8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union Association notifies the City on
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January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Union Association 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 UnionAssociation.
2.2 Use of City Facilities
The Association shall be allowed by the City department in which it represents employees' use of space on available bulletin boards for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with the needs of the department.
Any representative of the Association shall give notice to the department head or their designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Police Chief and, when made, shall continue until revoked by the Chief.
City buildings and other facilities may be made available for use by City employees or the Association or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
Members of the Association are prohibited from using City equipment and/or time for their own personal use.
2.3 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if affected by any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate, if requested, with the designated management representatives prior to the adoption.
In cases of emergency when the foregoing procedure is not practical or in the best
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public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the Association shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representative designated by the City Manager.
2.4 Attendance at Meetings by Employees
Release Time Related to Meet and Confer. City employees who are official representatives of the Association shall be given reasonable time off with pay, in accordance with MMBA, to attend meetings with City Management representatives where matters within the scope of representation or grievances related to this unit are being considered.
The use of release time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives shall request an excused absence, prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for release time shall not exceed three (3) per recognized bargaining unit.
2.5 New Hire Employee Orientation and Information Requirements
(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union Association 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 Association at least every one-hundred and twenty ( 120) days for all bargaining unit members.
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SECTION 3. NON-DISCRIMINATION
The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over 40), race, color, religion (creed), national origin (ancestry), military or veterans status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Association activity, or any other protected trait as determined by federal, state, and/or local law.
The Association shall cooperate with the City to achieve the objectives of Equal Employment Opportunity as defined by Federal and State regulations.
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SECTION 4. PROBATION
4.1 Promotional Appointments
Promotional appointments in this UnitAssociation, except Deputy Chief of Police, shall be subject to a probationary period of twelve (12) months. The probationary period for Ppolice promotional positions shall not be extended.
4.2 Probationer Advanced to Higher Rank
Any promotional probationary Police Management employee who is advanced to a higher classification, or is appointed to the rank of Chief of Police or Deputy Chief of Police, shall receive credit toward their promotional probationary period for the lower rank while serving in the higher probationary or appointive rank.
4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Director of Human Resources a statement in writing to such effective and stating that the retention of such employee in the service is desired.
During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which they were promoted unless charges are filed and they are discharged in the manner provided in the City Charter XXXII, section 9, Civil Service Ordinance and Civil Service Rules.
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SECTION 5. LAYOFF
5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.
5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.4 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories:
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(a) Extra help or seasonal
(b) Provisional
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to continuous service in class, plus all higher classes, except as specified above. For the purpose of this procedure, part-time classes shall be considered as separate from regular full-time classes.
The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service in the event the leave was taken subsequent to entry in the department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service.
(c) Time worked in a regular or probationary status shall count as service.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.
5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least seniority in that classification. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee who has the least seniority in that classification. Employees who exercise this option shall be placed on an eligibility list for reinstatement to the higher classification for a period of five (5) years. Ranking on the reinstatement list shall be by the employee's seniority in the higher classification. All employees on the list, who are still employed by the City of Stockton, shall be reinstated to the higher classification before any new promotions can be made to that classification.
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If the change as listed above requires Civil Service approval, the Association and the City agrees to not object to this change in the duration of the reemployment list.
If the employee is in a probationary status in the higher classification, the probationary status shall resume upon reinstatement with full credit for previous time served in that classification.
5.6 Health and Welfare Benefits During Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months (the thirty-six (36) months runs concurrently with any COBRA benefits) from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
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SECTION 6. REEMPLOYMENT
6.1 Reemployment
When an employee in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily and whose position is abolished, is laid off due to lack of funds or on an authorized leave of absence and is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list as follows:
(a) Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for in subsection (a), above, and remain on the list either until the employee is appointed to the position or the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.
The reemployment list for any class shall be established by a Civil Service resolution as needed.
In filling vacancies, eligibles on the reemployment lists take precedence over eligibles on any other list for the same rank in the department for which the lists apply.
An employee who waives reemployment to a full-time position three (3) times shall have their name removed from this reemployment list unless mutually agreed to by the Ddepartment and employee.
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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.
The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions and the Rules and Regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted, or discharged to appeal such action.
The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) working days of written notification of the action. (Such filing will foreclose use of the grievance procedure).
(c) File a grievance as provided for in Ssection 8.5 within ten (10) working days of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
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SECTION 8. GRIEVANCE PROCEDURES
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendar days from the time the employee knew or had reason to know of the facts giving rise to the grievance.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within ten (10) working days from the day of presentation or if the employee elects to submit the grievance directly to the Association recognized as the representative of that employee's classification, the procedures hereinafter specified may be invoked.
(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step 1, then the employee may appeal the grievance to the Director of Human Resources within ten (10) working days of the receipt of written response at Step 1. Such appeal must state with particularity; 1) the specific policy, rule, or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Association may file and process grievance(s) on behalf of the specifically named employee.
The Director of Human Resources shall have twenty (20) working days in which to investigate the issues and respond to the appeal. No grievance,
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except for the resolution of compensation complaints, may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph unless the Director of Human Resources fails to respond within the time limit.
(c) Step 3 - City Manager Review. Within ten (10) calendar days of the receipt of the Step 2 response, the grievance may be appealed to the City Manager or their designee. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the complaint, to meet with the complainant, and if the complainant is not the Association, to meet also with the officials of the Association, and to settle the grievance or to make recommendations to the City Manager. A written response to the appeal will be provided within thirty (30) calendar days of the date of appeal.
(d) Step 4 - Arbitration. If the grievant or the Association is dissatisfied with the response at Step 3, or if the City Manager fails to respond within the time limit, the matter may, within ten (10) working days, be referred to an arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service. The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.
Proposals to add to or change this Memorandum of UnderstandingMOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding-
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MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Ssection. No arbitrator selected pursuant to this section shall have the power to amend or modify this Memorandum of UnderstandingMOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No change in this Memorandum of UnderstandingMOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association.
8.5 Other Provisions
If the Director of Human Resources, in pursuance of the procedures outlined above, or the City Manager, in pursuance of the provisions outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of Mmanagement, and if they find that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints, which allege the employee is not being compensated in accordance with the provisions of this Memorandum of UnderstandingMOU , shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of 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 thirty (30) days from the date upon which the complaint was filed.
The provisions of this Ssection shall not abridge any right to which an employee may be administered in a manner that would abrogate any power which, under the City Charter, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees represented by the Association shall be processed under this section. If the City Charter requires that differing options be available to the employee, no action under paragraph (d) of subsection 8.3 above shall be taken unless it is determined that the employee is not availing themselves of such
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option.
No action under paragraph (d) of subsection 8.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.
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
(a) Vacation Allowance. All employees in this unit shall accrue vacation leave with pay in accordance with the following schedule (employees shall accrue vacation leave on a twice monthly basisper pay period basis):
Less than 1½ years continuous employment ...................... 120 hours/year After 1½ years up to 7 1/2 years ......... ……………………… 148 hours/year After 7½ years up to 15 years ............................................. 188 hours/year After 15 years up to 25 years .............................................. 229 hours/year
Seven (7) additional hours hence for each completed year of service in excess of twenty-five (25) years.
(b) Vacation Carryover Allowance. Effective July 1, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.
For employees who on July 1, 2012 , have vacation balances that exceed their maximum shall have until June 30, 2013 , to use sufficient vacation to get under the maximum allowed. If an employee does not reduce their balance below the maximum by June 30, 2013, they shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.
The maximum number of vacation hours that employees on a forty (40) - hour workweek shall accrue is as follows:
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
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Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.
(c) (c) Vacation Allowance for Separated Employees. An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation hours 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.
(d) Vacation Sellback. Effective for fiscal year 2025/2026 only, an employee may elect to receive cash payment for up to a maximum of eighty (80) hours of their accumulated vacation balance after the use of a vacation of forty (40) hours or more. Employees must maintain a minimum of forty (40) hours. The employee must elect the amount of cash out by December 31, 2025, for a payment window of January 1, 2026, through June 30, 2026.
The cash out election is irrevocable, and the City will follow IRS regulations regarding cash payment of leave.
9.2 Sick Leave
(a) Accrual. All regular status employees, except provisional, temporary, and part-time employees, each shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of sick leave hours accrued.
An employee may use sick leave for preventive medical, dental, optical care, illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
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(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) leave.
For the purpose of this section, immediate family is defined as the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, legal dependent, grandparent, and grandchild, and “designated person.” For the 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.
(d) Procedures for Requesting and Approving Sick Leave. When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request authorization for such sick leave from the department head prior to such absence. In all other instances, the employee shall notify their supervisor as promptly as possible of their absence.
Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to their department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for their request to be evaluated.
If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head.
(e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than three (3) consecutive days, then a doctor's certificate or other reasonable proof of illness will be required by the depart- ment head.
The Police Chief may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
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(f) Use of Sick Leave while on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) was hospitalized during the period for which sick leave is claimed, or
(2) received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave for Unit Employees . Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for California Public Employee Retirement System (CalPERS) service credit at retirement based on the PERS contract provisions applicable to their employment.
(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit. After subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012 , shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after this date.
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(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
9.3 Other Leaves With Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to the employee’s accumulated sick leave credits or vacation eligibility leave . The employee shall, upon request,City Manager may be granted an additional three (3) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave or annual leavecredits in cases where extensive travel time is required to attend the funeral . For the purposes of this section, immediate family is defined as the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee 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 leavecredits.
(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional, part-time, or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
Said absence from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt all fees received except those specifically allowed for mileage and expenses. Jury duty or witness duty appearances shall be considered in terms of actual hours spent from arrival time until the time released from Court. If an employee is not due to appear for jury duty or as a witness until afternoon court session, they will be expected to work their usual morning schedule. If an employee is required to appear for morning court session and is released before noon and not required to return to court in the afternoon, they shall work the remainder of their usual afternoon schedule.
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Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City Treasurer through the employee's department.
Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is not a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of this Ssection.
(c) Court Appearance Pay while in Off Duty Status. When an employee is required by proper authority to appear in court during off-duty hours, said employee shall receive compensation of three (3) hours at time and one- half (1-1/2) or actual time worked at the appropriate rate, whichever is greater.
(d) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
All regular status employees in the service of the City shall be allowed leave of absence without pay for the duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California.
Said employees shall be reinstated in the service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary employee having served their minimum probationary period of twelve (12) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.
All probationary employees inducted into the Military Service not having served the minimum probationary period of twelve (12) months, or having served the minimum probationary period of twelve (12) months but not having received regular status shall be allowed leave of absence without
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pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular employee.
Two (2) or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
(e) Management Time Leave. The City shall provide forty (40) hours of paid- management time leave each fiscal year. The management time leave of forty (40) hours may not carry over from fiscal year to fiscal year, be used for sell-back purposes, or paid for any unused management leave upon separation of City employment.
(e)
9.4 Workers' Compensation Leave
Whenever any member of this unit is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the City, to a leave of absence while so disabled without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year, or until such earlier date as they are retired on permanent disability pension.
If injury is claimed to be job related, or a recurrence of a previous job-related sickness or injury, it must be verified with a written physician's statement, otherwise disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received.
(a) Forms and Procedures. Workers’ cCompensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City, unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. The City shall furnish the Aassociation the appropriate form for distribution. For a list of City
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designated medical care facilities and/or physicians, please contact Human Resources.
9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.
Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted.
The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over leaves of absence exercised by the department head under this Ssection shall be subject to review by the City Manager, whose ruling shall be final. Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.
The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except those employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.
Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or illnessdisease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.
9.6 Leave of Absence Without Pay
(a) Purpose and Length. Only employees occupying regular status positions on a permanent basis are eligible for leaves of absence without pay, under the provisions of this Ssection.
An appointing authority may grant leave of absence without pay for personal reasons, up to a maximum of twelve (12) months, with the approval of the Director of Human Resources.
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Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
Such a leave will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician's statement.
(b) Application for and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the department head and the City Manager, describing the reasons for the request and all other information required for the department head, or their representative, to evaluate the request. Leaves without pay may be canceled by the department at any time.
9.7 Absence Without Official Leave (AWOL)
(a) Refusal of Leave or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the department or City Manager, or at the expiration of a leave, shall be considered an absence without leave.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton except if the absence is due to a verified illness or injury.
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SECTION 10. DAYS AND HOURS OF WORK
10.1 Workweek
The normal workweek for Police Unit employees is defined as either the traditional workweek consisting of eight (8 ) hours per day, five ( 5) days per week; the alternate 9/80 work schedule consisting of nine ( 9) - hour work days Monday through Thursday, an eight (8) -hour work day on Friday with every other Friday off; or the 4/10 schedule consisting of ten (10) hour work days. Where operational requirements of a department require deviations from the present schedule, the Police Chief and/or City Manager may institute alternate work schedules, consistent with provisions of the State Law.
SPMA will meet and confer with the City on any proposed changes in work schedule.
10.2 Meal Periods
Phase shift employees normally receive a one-half (½) hour meal with pay each day.
Other Police Service Management Unit employees will normally receive a one (1) hour meal period without pay.
10.3 Work Furloughs
The existing furlough hours will be placed in a furlough bank. The furlough bank may be carried over from one fiscal year to the next. There shall be no cash value provided for any furlough hours.
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SECTION 11. OVERTIME
11.1 Eligibility
Police Management employees shall not be eligible for overtime for extra hours worked to perform duties of their assigned positions with the following exceptions:
(a) When assigned to cover the shift of another employee in a comparable position.
(b) When assigned to work due to an emergency situation as required by their department.
(c) When assigned to work on special projects, events, and/or critical incidents as required by the department.
(d) For any hours worked as a result of exceptions (a) through (c), extra hours shall only be compensated at overtime rates if that employee works more than forty (40) hours within the same workweek. It is understood that, notwithstanding the additional compensation provided under this section, all employees in the bargaining unit are Fair Labor Standards Act ( FLSA) exempt.
(e) For the purposes of subsection (d), furlough hours taken, holiday hours taken, observed holidays when the City is closed, bereavement leave, jury duty leave, vacation leave, management time leave, and sick leave, shall be considered as time worked. Vacation leave, or Oo ther time taken as compensated time off not specifically identified above shall not be considered as time worked.
11.2 Authorization
The Chief of Police must personally approve any overtime pay for Police Management Unit employees.
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SECTION 12. HOLIDAYS
12.1 Holidays Observed by the City
(a) Effective upon the first full pay period following ratification for this Memorandum of UnderstandingMOU by Stockton Police Management AssociationSPMA and approval by the City Council on its regular Aagenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this Ssection. The City observes the following holidays on the dates indicated:
(1) New Year’s Day .............................................................. (January 1) (2) Martin Luther King’s Birthday ................... (Third Monday in January) (3) Lincoln's Birthday .............................. (Second Monday in February) (4) Washington's Birthday............................ (Third Monday in February) (5) Cesar Chavez’ Day..(March 31 - Floating for Non-Patrol Lieutenants) (6) Memorial Day .................................................. (Last Monday in May) (7) Independence Day .................................................................(July 4) (8) Labor Day ............................................ (First Monday in September) (9) Columbus Day...................................... (Second Monday in October) (10) Veteran's Day ............................................................ (November 11) (11) (Thanksgiving .................................. (Fourth Thursday in November) (12) Day following Thanksgiving .................. (Fourth Friday in November) (13) Christmas Day........................................................... (December 25) (14) Birthday Holiday
(b) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, beginning on the day of the employee’s birthday.
(c) For positions that observe holidays, the FLOATING floating holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31).
(d) For employees on a Monday through Friday workweek or a 9/80 work schedule, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the proceeding Friday shall be
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observed.
For employees in the Police Department on a ten (10) hour shift schedule, holidays that fall on Saturday or Sunday shall be observed on Saturday or Sunday respectively.
In order to receive hHoliday pPay the employee must be in a paid status the day before and the day after the holiday.
12.2 Holiday Compensation
(a) Captains. Captains shall receive a five percent (5%) holiday in lieu add pay.
This additional compensation is for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays.
When the Police Department aAdministrative offices are closed on a regularly scheduled work day, Captains shall use the appropriate number of hours from their personal leave time to take the day off. However, at the sole discretion of the Chief or designee, Captains may be scheduled to work on a day when the Police Department aAdministrative offices are closed. In the event a Captain is scheduled to work on a day when the Police Department aAdministrative offices are closed, they will not be required to use vacation leave and will be paid for actual hours worked at straight time.
(b) Non-Patrol Lieutenants. Non-Patrol Lieutenants who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule and observe City Holidays shall be entitled to take each holiday off with full pay for any one (1) holiday listed in section 12.1 above. FLOATING Floating holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday hours until the actual holiday occurs (March 31).
(c) Patrol Assignments. Police Lieutenants assigned to the traditional 10-plan Field Operations/Patrol shift schedule shall receive a five percent (5%) holiday in lieu add pay. If Police Lieutenants work on a holiday, actual hours worked will be paid at time and one half (1½) for the work shift.
These members who are permitted to take a holiday off that falls on a regularly scheduled work day shall use appropriate leave hours equivalent to the number of hours of their scheduled shift.
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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Retirement Contribution Supplement
(a) Public Employees’ Retirement System (PERS). For cClassic mMembers, the City shall contribute an amount equal to nine percent (9%) of the employee's current base salary and other compensation as qualified by State law toward PERS benefits. Such amounts will be applied to the employee's individual account in accordance with Government Code section 20691.
(b) PERS Contribution. Classic mMembers shall continue to pay nine percent (9%) toward the employer contribution of PERS. This section shall not be construed to permit employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 13.1(d).
Effective July 1, 2016, all employees (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, cClassic mMembers will pay a total of twelve percent (12%) (nine percent (9%) plus three percent (3%)). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
(c) As soon as practicable, the City will modify its contract with CalPERS to provide for a twelve percent (12%) additional Mmember Ccontribution over and above Nnormal Ccontribution for classic members and a three percent (3%) additional Mmember Ccontribution over and above Nnormal Ccontribution for PEPRA members. Upon completion of the contract amendment process (including employee vote), the additional payment in Ssection 13.1(b) shall cease.
(d) Employer Paid Member Contribution Converted to Pay Rate During the Final Compensation Period. The City will make application to PERS to provide California Government Code sSection 20692 (Employer Paid Member Contributions Converted to Pay Rate during the Final Compensation Period) as an additional PERS benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.
At the beginning of employee’s last year of employment, the employee will pay their employees’ nine percent (9%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those
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employees by the same nine percent (9%) for the last twelve (12) months of employment. The Internal Revenue Service (IRS) Code 414H(2), whereby employee contributions shall be tax deferred (not subject to taxation until time of constructive receipt) will be concurrently implemented with PERS California Government Code Ssection 20692.
(e) Military Service Credit. The City will provide military service credit pursuant to the provisions of California Government Code Ssection 21024, formerly Section 20930.3 at the employee's expense.
(f) Credit for Unused Sick Leave. The City will provide PERS California Government Code Ssection 20965 (Credit for Unused Sick Leave) as added PERS benefits.
(g) Fourth Level of 1959 Survivor Benefits . The City provides PERS California Government Code Ssection 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the added PERS Administrative Board.
(h) Service Retirement Plan Formula for Employees Hired on or before July 1, 2012. The City’s service retirement contract with PERS for safety members of this unit hired on or before July 1, 2012, is 3% @at aAge 50.
(i) Service Retirement Plan Formula for Unit Employees Hired on or after August 16, 2013. The City contracted with PERS to provide a new second tier retirement program for persons hired on or after August 16, 2013 , and employees hired after that date will receive only those optional benefits as provided for in that tier. Such employees shall pay nine percent (9%) of the employees’ current base salary towards the employee’s contribution towards PERS and any other compensation as qualified by state law towards PERS retirement benefits through a payroll deduction. (j) PERS Benefits for Employees hired on or after January 1, 2013.
(1) Employees with Reciprocity. Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of 3% @at 50 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory
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employee’s contribution for these benefits of nine percent (9%). (1)
(2) Employees without Reciprocity. Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of
2.7% @at 57 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under.
Employees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% @at 57 as determined by CalPERS.
13.2 Uniform Allowance
Effective July 1, 2016, Ee mployees in this unit shall receive as annual compensation, a uniform allowance in the amount of one thousand and two twelve hundred dollars ($1,200.00).
One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.
13.3 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle, an employee in this unit will be reimbursed for actual mileage at the current rate established for other employees.
13.4 Police Vehicles
Members of SPMA shall be assigned a police vehicle due to the need for emergency response and command status at all times. This vehicle shall be taken home at night, with the manager maintaining radio contact and monitoring radio traffic until parked. The take-home radius shall be the same distance as the alternative work site radius (sixty (60) miles for out-of-town training) measured from the central point of the City.
13.5 Communication Devices
Members of SPMA shall be provided a communication device that will work as a cell phone, connect to the internet, and have the ability for two-way and group electronic communication with other pPolice mManagement, the communication center, and other emergency management personnel throughout the City in an appropriately encrypted manner.
13.6 Certificate Incentive Pay
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(a) The City shall pay six percent (6%) of the top step in rank for employees who attain a Peace Officer Standards and Training (P.O.S.T..) Supervisory Certificate.
(b) The City shall pay an additional five percent (5%) for a total of eleven percent (11%) of top salary step in rank for employees who attain a P.O.S.T.
Management Certificate or higher, upon completion of two (2) continuous years of service in rank and upon completion of a management course.
13.7 Longevity Increment Pay
(a) Effective July 1, 2012, the longevity increment shall be effective the first pay period following the anniversary date of hire of the employee as follows:
(1) The City shall pay three-quarters of one percent (.75%) of top salary step in rank for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(2) The City shall pay an additional one and three-quarters percent (1.75%) for a total of two and one-half percent (2.5%), upon completion of eighteen (18) years of continuous service as a public safety member of the Stockton Police Department.
(3) The City shall pay an additional two percent (2%) for a total of four and one-half percent (4.5%), upon completion of twenty-four (24) years of continuous service as a public safety member of the Stockton Police Department.
(4) Members of the bargaining unit promoting from the Stockton Police Officers’ Association (SPOA) bargaining unit will be placed at the level of longevity appropriate to their years of service.
(5) For the limited purpose of defining continuous service under this Ssection of the Memorandum of Understanding MOU , continuous service shall include leaves without pay for less than one (1) year as long as the public safety officer did not withdraw their contribution from PERS.
13.8 CalPERS Reportability
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The City makes no representation as to whether any of the compensation or payments in this MOU Memorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingMOU is outside of the City’s control.
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SECTION 14. INSURANCE PLANS
14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).
14.1 Health Insurance and Related Benefits
(a) Health and Welfare Benefits. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any City sponsored health the plan that the City shall offer to regular status employees. Each plan shall offer an employee only, employee plus one (1) and employee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Toward the Cost of Insurance Programs.
(1) Effective July 1, 2022January 1, 2026 , the City shall contribute the following:
a. The City shall contribute uUp to $697.00814 per month toward the cost of the monthly premium for employee-only
medical/dental/vision plan coverage.
b. The City shall contribute uU p to $ 1,265.001,477 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
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c. The City shall contribute uU p to $ 1,685.001,968 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage. c.
(2) Effective July 1, 2023, City shall contribute the following:
a. The City shall contribute up to $711.00 per month toward the cost of the monthly premium for employee-only
medical/dental/vision plan coverage.
b. The City shall contribute up to $1,290.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. The City shall contribute up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(3) Effective July 1, 2024, City shall contribute the following:
a. The City shall contribute up to $725.00 per month toward the cost of the monthly premium for employee-only
medical/dental/vision plan coverage.
b. The City shall contribute up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. The City shall contribute up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(4)(2) These contributions are based on full-time employment; regular part- time employees shall receive a prorated contribution based on their percentage of full-time employment . Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, vision, and dental to be pre-tax premium conversion.
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the
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City, in accordance with the rules and regulations applicable to the selected Plan.
Benefits in the Plan shall be in accordance with the Plan document. (e) The City will keep SPMA informed as to changes to actuarial methods employed by its actuary which materially affect the rates, and permit the opportunity for SPMA to discuss such changes. SPMA will meet and confer with the City mid-term regarding further plan changes.
(f) If legally permissible, the City agrees to make Medicare contributions for employees hired in 1985 to 1986 who are not currently covered by Medicare, provided that such payments shall be on a going forward basis only, and such unit members shall be required to pay the employee matching contribution to Medicare. To the extent legally permissible, Unit members may contribute to Medicare to purchase credit retroactively provided such unit members do so at their own expense, including both the employee and employer share. The City entered into a Section 218 Medicare-Only Agreement with the Social Security Administration for this purpose, with an effective date of August 1, 2014.
14.2 Life Insurance
Each employee in this unit will receive group life insurance coverage paid for by the City of Stockton equal to a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union Association or through the City’s IRS 125 plan Plan vendor.
14.3 Long Term Disability Insurance
The City will contribute the existing premium amount (currently twenty-four dollars and fifty cents ($24.50) per month) for each employee in this unit to purchase long term disability benefits through their association.
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SECTION 15. SALARY PLAN
15.1 Salary
(a) Cost of Living Adjustment (COLA)
(1) Effective July 1, 2022September 1, 2025 , employees will receive a tentwo percent (102%) Cost of Living Adjustment (COLA) increase to base pay (comprised of a 2% COLA and a 8% Market Adjustment).
(2) Effective July 1, 2023, employees will receive a four percent (4%) increase to base pay (comprised of a 2% COLA and a 2% Market Adjustment).
(3) Effective July 1, 2024, employees will receive a four percent (4%) increase to base pay (comprised of a 2% COLA and a 2% Market Adjustment).
(b) Lump Sum Payment
Employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, will receive a lump sum payment equal to the two percent (2%) COLA from July 1, 2025 through August 31, 2025, to be paid as soon as administratively possible.
Each employee who we employed in the bargaining unit as of January 1, 2024 will receive a $5,000 lump sum non-pensionable bonus (subject to applicable withholdings) to be paid by the second scheduled payday in the same month.
15.2 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.3 Salary Step After Military Leave
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All employees who have been granted military leave, upon their return to the City service, are entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
15.4 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.
15.5 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5%) above the employee’s current base salary, except that the next step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.
For employees promoting from the Police Sergeant classification into the Police Lieutenant classification, the minimum salary step placement for the promotion shall be step 4. Effective September 1, 2025, all Police Lieutenants who are not already at Step 4 will be moved to Step 4 of the salary schedule.
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.
15.6 Salary on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation unless there has been an increase within the salary range.
15.7 Acting Pay
ATTACHMENT C
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POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON 40
Any employee who is assigned, in writing, to work in a higher paid classification and who performs a majority of the duties of that higher position, shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
15.8 Special Assignment Pay
The City Manager may approve additional compensation in an amount up to but not to exceed ninety percent (90%) of the department head’s salary when an employee is assigned, in writing, by the department head and with the approval of the City Manager, to perform additional duties and responsibilities for the duration of the special assignment.
15.9 Management Incentive Pay – Special Assignment Differential
Effective July 1, 2014, due to the unique nature of their job, non-patrol Lieutenants who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule, and are assigned to schedules that regularly observe holidays off shall receive a Management Incentive Pay/“Special Assignment” differential equal to five percent (5%) of the employee’s current base pay.
While not all-inclusive, examples of these Lieutenant assignments where Management Incentive Pay would apply include non-patrol positions with the Professional Standards Section Commander, Chief of Staff to the Office of Chief of Police, Traffic Section Commander, Strategic Operations Section Commander, Crimes versus Person/Property Section Commander, Special Investigations Section Commander, Personnel Section Commander, Training Section Commander., Ceasefire Section Commander, and Research and Development Commander.
15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.110 Salary Step Advancement
Unit members will be required to serve six (6) months at each applicable salary step before advancing to the next step.
ATTACHMENT C
158
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON 41
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of UnderstandingMOU are declared by the court of competent jurisdiction to be illegal or unenforceable, that 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.
SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of UnderstandingMOU.
SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically 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. 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
Upon its adoption by the Stockton City Council, this Memorandum of UnderstandingMOU shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including the 30th day of June 202526.
ATTACHMENT C
159
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON 42
SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented thereby agrees to not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action that it deems appropriate.
(c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action as it deems appropriate.
(d) The Association recognizes the duty and obligation of its representatives and members to comply with the provisions toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this Memorandum of UnderstandingMOU.
ATTACHMENT C
160
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON 43
SECTION 21. BANKRUPTCY
Stockton Police Management Association (hereinafter “SPMA”), which is defined for the purposes of this section as including without limitation Stockton Police Management Association’s membersSPMA , bargaining unit members, officials, attorneys, and affiliates, agrees that this Memorandum of UnderstandingMOU shall supersede the terms of all prior Memorandums MOU Memoranda of Understanding, side letters, and any other agreements between the parties as to the subjects covered herein. SPMA further agrees that it has entered into this agreement voluntarily, and that it shall file no claims in the City’s bankruptcy case based upon the terms of any agreements that precede this Memorandum of UnderstandingMOU , or based upon the negotiated terms of this agreement. Nothing herein shall limit claims based up violation of this agreement.
SPMA further agrees that it will not oppose the City’s eligibility for chapter 9 relief. SPMA agrees to support any plan of adjustment the provisions of which, as to SPMA, are consistent with this Memorandum of UnderstandingMOU.
ATTACHMENT C
161
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON 44
APPENDIX A. COLA AND MARKET ADJUSTMENTS
YEAR 1- EFFECTIVE 7/1/22;
YEAR 2- EFFECTIVE 7/1/23;
YEAR 3- EFFECTIVE 7/1/24
STEPS
1 2 3 4 5 6
POLICE CAPTAIN 11,314.50 11,893.82 12,503.18 13,144.00 13,817.72 14,524.34 COLA AND MA YEAR 1 (10%) 1,131.46 1,189.38 1,250.30 1,314.40 1,381.78 1,452.42 YEAR 1 - MONTHLY
SALARY 12,445.96 13,083.20 13,753.48 14,458.40 15,199.50 15,976.76 COLA AND MA YEAR 2 (4%) 497.84 523.34 550.16 578.32 607.96 639.08 YEAR 2 - MONTHLY
SALARY 12,943.80 13,606.54 14,303.64 15,036.72 15,807.46 16,615.84 COLA AND MA YEAR 3 (4%) 517.74 544.24 572.14 601.48 632.30 664.64 YEAR 3 - MONTHLY
SALARY 13,461.54 14,150.78 14,875.78 15,638.20 16,439.76 17,280.48
POLICE LIEUTENANT 9,806.86 10,310.34 10,838.18 11,393.18 11,976.78 12,590.42 COLA AND MA YEAR 1 (10%) 980.70 1,031.06 1,083.84 1,139.32 1,197.68 1,259.04 YEAR 1 - MONTHLY
SALARY 10,787.56 11,341.40 11,922.02 12,532.50 13,174.46 13,849.46 COLA AND MA YEAR 2 (4%) 431.50 453.64 476.86 501.30 526.98 553.98 YEAR 2 - MONTHLY
SALARY 11,219.06 11,795.04 12,398.88 13,033.80 13,701.44 14,403.44 COLA AND MA YEAR 3 (4%) 448.76 471.80 495.96 521.36 548.04 576.14 YEAR 3 - MONTHLY
SALARY 11,667.82 12,266.84 12,894.84 13,555.16 14,249.48 14,979.58
ATTACHMENT C
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POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 20225 – June 30, 20256
CITY OF STOCKTON 45
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 ____________, 202225.
Stockton Police Management Association City of Stockton __________________________________ _______________________________ Timothy Swails Harry Black William Crew
President Acting City Manager
__________________________________ _______________________________ Kyle Pierce Bradley Burrell Rosemary Rivas
Vice President Interim Director of Human Resources
Approved as to form: Approved as to form:
Goyette & Associates, Inc. Lori M. Asuncion, City Attorney
By: By:
__________________________________ _______________________________ Rafael Ruano Marci A. ArredondoTaryn Jones
Labor Representative for Association Deputy Assistant City Attorney
By:
_______________________________
Burke DunphyDania Torres-Wong
Negotiator for the City
ATTEST:
_______________________________
Eliza GarzaKatherine Roland
City Clerk
ATTACHMENT C
163
Side Letter Agreement – Longevity Pay
Side Letter Agreement
Between
The City of Stockton and the Stockton Police Management Association (SPMA) Effective September 1, 2025 through March 31, 2034
Longevity Pay
This will confirm an understanding reached between the City of Stockton (hereinafter referred to as “City”) and the Stockton Police Management Association (hereinafter referred to as “SPMA”).
In an effort to address retention of SPMA employees, the City and the SPMA have met and conferred and agree on the following:
1. Longevity Pay
a. Lump Sum Payment. For qualifying employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, the City will provide a one-time lump sum payment equivalent to two months of longevity pay to all eligible employees, which will be paid as soon as administratively possible. This payment represents compensation for longevity earned during the period of July 1, 2025 to August 31, 2025, based on the employees’ length of service with the City, as defined in eligibility criteria in section 1.b below. This payment will be reported as longevity pay and allocated to the corresponding pay periods in which it was earned. Longevity pay will continue to be provided on an ongoing basis as outlined in this Side Letter.
b. Eligibility criteria:
(1) Employees with five (5) years of paid service with the City shall receive additional compensation in the amount of two percent (2.0%) above their hourly rate of pay, paid on a per pay period basis. (2) Employees with ten (10) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (four percent (4%) combined total), paid on a per pay period basis.
(3) Employees with fifteen (15) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (six percent (6%) combined total), paid on a per pay period basis.
(4) Employees with twenty (20) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of
ATTACHMENT D
164
Side Letter Agreement – Longevity Pay
pay (eight percent (8%) combined total), paid on a per pay period basis.
2. The parties agree to execute this side letter with the understanding that for the period of July 1, 2025 through June 30, 2026, the City will be funding longevity pay with one-time reserves and that ongoing funding has not been identified for future years. Therefore, the parties agree that continuation of longevity pay shall be reviewed annually by the City Manager and the City Council for sustainability, affordability, and continuation. The City retains the sole discretion to determine whether funding each year is available and such determination shall be final.
3. Limited Term of Side Agreement: This side letter agreement shall be effective on September 1, 2025 and cease to be operative no later than 11:59 p.m. on March 31, 2034. This side letter shall not be included in any successor agreement between the parties unless both parties agree to extend this side letter. The provisions of this side letter are not subject to the grievance process.
FOR THE CITY: FOR THE SPMA UNIT
Will Crew, Acting City Manager
Date: ________________________
Rafael Ruano, SPMA Negotiator
Date: ________________________
Lori Asuncion, City Attorney
Date: ________________________
Timothy Swails, President, SPMA
Date: ________________________
Chad Reed, Deputy City Manager, ASD
Date: ________________________
Rosemary Rivas, Director of HR
Date: ________________________
ATTACHMENT D
165
FIRE
UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY
OF STOCKTON
FIRE UNIT
MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters' Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for employees in the representation unit identified in sSection 1 of this Memorandum of Understanding (MOU), 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 M OUemorandum of Understanding is entered into pursuant to the Meyers - Milias- Brown Act (MMBA) (Government Code Ssections 3500 3511) (“MMBA”) and has been jointly prepared by the Pparties.
This MOU emorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours, and other terms and conditions of employment for the period commencing July 1, 20 2225 and ending on June 30, 202526. This agreement shall supersede all other existing agreements on the matters set forth herein.
ATTACHMENT E
166
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
C
ITY OF STOCKTON ii
TABLE OF CONTENTS
SEC
TION 1. RECOGNITION ......................................................................................... 1
1.1 City Recognition ......................................................................................... 1
1.2 Union Recognition ...................................................................................... 1
1.3 Reopener…………………………………………………………………………1
SECTION 2. UNION RIGHTS ........................................................................................ 2
2.1 Union Membership Dues and Payroll Deductions ...................................... 2
2.2 Use of City Facilities .................................................................................. 3
2.3 Advance Notice .......................................................................................... 3
2.4 Attendance At Meetings By Employees/Release Time .............................. 4
2.5 New Hire Employee Orientation and Information Requirements ................ 4 SECTION 3. COMPLIANCE WITH LAWS ...................................................................... 5
3.1 Non-Discrimination/Equal Employment ...................................................... 5
3.2 Concerted Labor Activity ............................................................................ 5 SECTION 4. PROBATION ............................................................................................. 6
4.1 Purpose...................................................................................................... 6
4.2 Original Entrance Positions ........................................................................ 6
4.3 Retention/Rejection of Probationer ............................................................ 6
4.4 Promotional Positions ................................................................................ 6 SECTION 5. LAYOFF..................................................................................................... 7
5.1 Layoff Scope .............................................................................................. 7
5.2 Notice of Layoff .......................................................................................... 7
5.3 Precedence By Employment Status ........................................................... 7
5.4 Employee Options ...................................................................................... 8 SECTION 6. REEMPLOYMENT .................................................................................... 9 SECTION 7. DISCIPLINE…………………………………………………………………….10
SECTION 8. GRIEVANCE PROCEDURES ................................................................. 11
8.1 Definition .................................................................................................. 11
ATTACHMENT E
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FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
C
ITY OF STOCKTON iii
8.2 Filing Deadline ......................................................................................... 11
8.3 Grievance Processing .............................................................................. 11
8.4 Scope of Arbitration ................................................................................. 12
8.5 Other Provisions ...................................................................................... 12 SECTION 9. LEAVES................................................................................................... 14
9.1 Vacation Leave ........................................................................................ 14
9.2 Sick Leave ............................................................................................... 16
9.3 Other Leaves With Pay ............................................................................ 18
9.4 Workers' Compensation Leave .............................................................. 2 01
9.5 Leaves of Absence ................................................................................ 2 12
9.6 Leaves of Absence Without Pay .............................................................. 22
9.7 Absence Without Official Leave (AWOL) ................................................. 23 SECTION 10. DAYS AND HOURS OF WORK ............................................................. 24
10.1 Workweek ................................................................................................ 24
10.2 Shift Trades .............................................................................................. 24
10.3 Staffing ..................................................................................................... 24 SECTION 11. OVERTIME ............................................................................................ 25
11.1 Fair Labor Standards Act (FLSA) Agreement .......................................... 25
11.2 Compensatory Time ................................................................................. 27 SECTION 12. HOLIDAYS ............................................................................................ 28 SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY ........................................................................................................................ 30
13.1 PERS Benefits for Employees Hired On Or Before 12/28/2012 ............... 30
13.2 PERS Benefits for Employees Hired On Or After 12/29/2012 and Before 01/01/2013 .............................................................................................. 31
13.3 PERS Benefits for Employees Hired On Or After 01/01/2013 ................. 31
13.4 Education Incentive Pay .......................................................................... 32
13.5 HAZ/MAT Assignment ............................................................................. 32
13.6 EMT Certification ..................................................................................... 32
ATTACHMENT E
168
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
C
ITY OF STOCKTON iv
13.7 Paramedic Certification ............................................................................ 33
13.8 Uniform Allowance ................................................................................... 33
13.9 Contagious Disease ................................................................................. 34
13.10 Acting Pay .............................................................................................. 34
13.11 Call-Back Pay ......................................................................................... 34
13.12 Deputy Fire Marshal Series .................................................................... 34
13.132 Fire/ Engineer Operator ....................................................................... 354
13.143 Ad ministrative Positions ..................................................................... 354
13.154 Lon gevity Pay ....................................................................................... 35
13.165 We llness-Fitness Program ................................................................... 35
13.176 CalP ERS Reportability ....................................................................... 365
13.187 Laps e of Certification ............................................................................ 36 SECTION 14. INSURANCE PLANS .............................................................................. 37
14.0 Reopener Clause For Health Insurance ................................................... 37
14.1 Health Insurance And Related Benefits .................................................... 37
14.2 Life Insurance .......................................................................................... 38
14.3 Long Term Disability Insurance ............................................................. 398
14.4 Retiree Medical Trust ............................................................................ 398 SECTION 15. SALARY PLAN ...................................................................................... 41
15.1 Salary Ranges ......................................................................................... 41
15.2 Salary Upon Appointment ........................................................................ 41
15.3 Salary Equivalents ................................................................................... 41
15.4 Salary Step Plan-Sworn ClassificationRanks ........................................... 41
15.5 Salary Step After Military Leave ............................................................... 43
15.6 Salary Step When Salary Range is Increased ......................................... 43
15.7 Salary Step After Promotion or Demotion ................................................ 43
15.8 Salary on Reinstatement .......................................................................... 43
15.9 Salary Adjustments .................................................................................. 44
ATTACHMENT E
169
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
C
ITY OF STOCKTON v
15.10 ................................................................................. Bi-Weekly Pay Period 44 15.110 Lum p Sum Payment ........................................................... 443 SECTION 16. SEPARABILITY OF PROVISIONS ....................................................... 454 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING 454 SECTION 18. SCOPE OF AGREEMENT ................................................................... 454 SECTION 19. DURATION OF AGREEMENT ............................................................. 454 SECTION 20. MAINTENANCE OF OPERATIONS ..................................................... 465 APPENDIX A. City Of Stockton's New Medical Response Squad ............................... 476 APPENDIX B. COLA AND MARKET ADJUSTMENTS ................................................. 48
ATTACHMENT E
170
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CIT
Y OF STOCKTON 1
SECTION 1. RECOGNITION
1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer- employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.
1.2 Union Recognition
The Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, hereafter referred to as the "Union," is the recognized employee organization for the Firefighters' Unit (“Fire Unit”), certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.
1.3 Reopener
No later than November 1, 2025, the City will provide the Union with an update on its economic status and whether the City has identified additional ongoing revenue that may be used to fund compensation increases for the Fire Unit. If additional ongoing revenue is identified, the parties will meet as soon as practicable to negotiate additional compensation items to be provided to Fire Unit employees during the term of this MOU.
ATTACHMENT E
171
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CIT
Y OF STOCKTON 2
SECTION 2. UNION RIGHTS
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union mMembership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the Uunion. (1) All
employee requests to cancel or change membership dues
deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notifications will be provided to [email protected]. (8) Chang
es and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period
ATTACHMENT E
172
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CIT
Y OF STOCKTON 3
processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 Use of City Facilities
The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department.
Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting dDepartment employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and when made shall continue until revoked by the Fire Chief.
City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
Members of the Union are prohibited from using City equipment and/or time for their personal use.
2.3 Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.
In cases of emergency which that constitute an imminent threat to the City’s financial and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate
ATTACHMENT E
173
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 4
changes to the content of said notice with the management representatives designated by the City Manager.
2.4 Attendance at Meetings By Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay , in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.
2.5 New Hire Employee Orientation and Information Requirements (a) 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 one-hundred and twenty (120) days for all bargaining unit members.
ATTACHMENT E
174
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 5
SECTION 3. COMPLIANCE WITH LAWS
3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Federal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.
3.2 Concerted Labor Activity
(a) Employees covered by this Memorandum of UnderstandingMOU will have the right to join and to participate in the activities of the Union for purposes of representation under the MMBA , and will also have the right to refrain from participation of any such activities.
(b) Employees covered by this Memorandum of UnderstandingMOU have the right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal for protected concerted labor activity, under the MMBA.
(c) Peaceful Performance of Memorandum of Understanding. Employees are free from participating in protected activities or refraining from protected activities.
Employees covered in this Memorandum of UnderstandingMOU shall not engage in concerted activity in violation of the MMBA.
ATTACHMENT E
175
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 6
SECTION 4. PROBATION
4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to their position, and for eliminating any probationary employee whose performance does not meet the required standards of work.
4.2 Original Entrance Positions
All original entrance sworn positions shall be subject to a probationary period of eighteen (18) months. The probationary period for entrance sworn positions shall not be extended.
4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee is desired. During the probationary period , an employee may be rejected at any time by the appointing authority.
4.4 Promotional Positions
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.
ATTACHMENT E
176
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
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SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of their position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.
5.1 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services Department
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development Department
(7) Community Services
(8) Economic Development
(9) Fire Department
(10) Human Resources Department
(11) Information Technology Department
(12) Municipal Utilities Department
(13) Police Department
(14) Public Works Department
5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.3 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories, as listed in ascending order:
(a) Extra hHelp or seasonal
(b) Provisional
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(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class with the employee having the least amount of time served in the class to be laid off first. For the purpose of this procedure, part time classes shall be considered as separate from and shall be laid off prior to regular full time classes. The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the dDepartment.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a regular status or probationary status shall count as service time.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.
5.4 Employee Options
Employees laid off shall have the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in that classification who has the least (total service) seniority.
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SECTION 6. REEMPLOYMENT
When an employee in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list.
As provided below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur. (a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2) years from the date of separation due to the layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection (b) are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.
The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have their name removed from the reemployment list, unless mutually agreed to by the dDepartment and employee.
If the above listed changes require Civil Service approval, the Association Union agrees to not object to the changes in duration of reemployment lists consistent with this section.
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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.
The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in Ssection 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.
If the employee fails to do (b) or (c) above, within the prescribed time frames, those rights will have been waived.
Lesser forms of disciplinary actions such as written reprimands and transfers for purposes of punishment that do not involve loss of pay may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FBOR) Informal Discipline Appeal Procedure.”
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SECTION 8. GRIEVANCE PROCEDURES
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) business days of the time the affected employee received written notification of such action.
For purposes of this section, “business day” shall mean a day in which the Human Resources Department is open for business to the public. filing appeals and grievances, business days include City of Stockton Office Hours according to the City- Wide calendar published each year.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the dDepartment within seven (7) working days from the day of presentation, or if the employee elects to submit the grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
(b) Step 2 - Director of Human Resources Review. Any employee or official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the
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complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in sSection 8.1, above.
Proposals to add to or change this M OUemorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this M OUemorandum of Understanding , nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. The arbitrator selected pursuant to this section shall not have the power to amend or modify this M OUemorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No changes in this M OUemorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.
8.5 Other Provisions
If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator
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may not substitute their judgment for the judgment of management and if the arbitrator finds that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.
All complaints alleging that the City is not compensating employees in accordance with the provisions of this M OUemorandum of Understanding shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and if not detailed in the MOUemorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one- hundred and eighty (180) days from the date upon which the complaint was filed.
The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter, or Civil Service Rules and Regulations may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations require that another option be available to the employee, no action under sSection 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.
No action under sSection 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.
If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
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SECTION 9. LEAVES
9.1 Vacation Leave
(a) Accrued Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:
(1) 40-hour workweek employee:
Under 1.5 years 80 hours
1.5 – 7.5 years 108 hours
7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) 56-hour workweek employee:
Under 1.5 years 120 hours
1.5 – 7.5 years 162 hours
7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
(b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Employees shall accrue vacation on a twice-monthly per pay period basis.
(1) The maximum number of vacation hours that employees on a 40-hour workweek shall accrue are as follows:
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
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(2) The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:
Under 1.5 years 300 hours
1.5 – 7.5 years 360 hours
7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) Longevity Vacation Allowance
(1) This program is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 , will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) Annual longevity vacation allowance accrual credited on January 1, 2011, shall be reduced by fifty percent (50%).
(d) Scheduling
(1) 48/96 Shift Schedule. The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with their management responsibility to control and direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of aAccrued vVacation leave must be scheduled per year. The four (4) shift minimum is not required to be scheduled contiguously.
b. Any aAccrued vVacation leave that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
(e) Vacation Allowance for Separated Employees.
Employees separating from City service for any reason who have unused vacation time shall be paid for such vacation time up to the effective date of
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the last day of employment with the City. Payment for unused vacation hours shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
(f) Vacation Allowance Sellback
(e) Effective for fiscal year 2025/2026 only, employees may elect to sell back up to a maximum of eighty (80) hours from their unused accumulated vacation balance and/or frozen longevity vacation allowance (if applicable), after the use of a scheduled vacation of forty (40) 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 st of 2025, for a payment window of January 1, 2026, through June 30, 2026. The cash out election is irrevocable, and the City will follow IRS regulations regarding cash payment of leave.
9.2 Sick Leave
(a) Accrual. All regular status employees on a forty (40) hour workweek schedule, except provisional, temporary, and part-time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accumulate from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.
An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
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(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved Family Medical Leave Act (FMLA) or C alifornia Family Rights Act (CFRA) leave.
Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, legal dependent, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild, and “designated person .” For the 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. (d) Procedures for Requesting and Approving Sick Leave. The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request in writing authorization for such sick leave from the Fire Chief or their designee prior to such absence.
Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to the Fire Chief or their designee a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief or their designee.
(e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's certificate or other reasonable proof of illness may be required by the Fire Chief.
The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave provided that the employee:
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(1) Was hospitalized during the period for which sick leave is claimed, or (2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Accessibility and Reporting. All officers and membersemployees of the dDepartment on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee.
Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.
All officers and membersemployees of the dDepartment on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period. Sick leave may be granted for any period of time approved by the Fire Chief. (i) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, except as set forth below all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for California Public Employees’ Retirement System (CalPERS) service credit at retirement based on the CalPERS contract provisions applicable to their employment.
(j) CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012, shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit, in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
(k) Sick Leave Retention Benefit. After subtracting the equivalent of one (1) full year of service credit two thousand and eighty (2080 hours), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value.
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9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the employee’s immediate family, of an employee, the employee shall, upon their request, be granted up to three (3) days of paid bereavement leave . A “day” shall be the number of hours an employee is normally scheduled to work during each day (e.g., 8, 10, 24 hours). with pay and without charge to their accumulated sick leave or vacation leave. The Employees shall, upon request, City Manager maybe granted an additional two (2) days of bereavement leave upon request, which shall be charged against the employee's accumulated sick leave or vacation leave. credits in cases where extensive travel is required to attend the funeral.
For the purposes of this section, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee, as defined above, the employee's department headFire Chief or designee may grant up to three (3) days of leave upon request, which shall be charged against the employee's accumulated sick leave or vacation leave.credits. (b) Court Appearance. Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) Attendance at court or at a deposition while in an on-duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time necessarily involved, shall be considered and paid as hours worked.
(3) Other absences from duty for attendance at court or at depositions shall be without pay.
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(4) On-duty employees shall return to work immediately upon release from court.
(5) Attendance at court or at a deposition while in an off-duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time, where such travel is to a location outside of San Joaquin County, shall be considered in terms of actual hours spent performing those duties and paid as hours worked.
(6) For the purpose of computing any travel time to be reimbursed by the City in accordance with this section for attendance at court or at a deposition while in an off-duty status, such travel time shall be deemed to commence from the San Joaquin County Courthouse.
(c) Maternity Leave. Time off of work for pregnancy, childbirth, and related medical conditions will be covered as required by State and Federal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case and the time medically required to recuperate . Generally, a six (6) week recovery period after delivery is medically indicated. (d) Military Leave. An employee of the City who is a member of the National Guard, or Naval Militia, or a member of the Reserve Corps, or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
All regular status employees in the service of the City who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency. Except as hereafter stated, said employees shall be reinstated into City service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary status employee having served their minimum probationary period of eighteen (18) months at the time of induction, it shall be optional with the Fire Chief and the City Manager to grant regular status to said employee before induction.
All probationary status employees inducted into Military Service not having served the minimum probationary period of eighteen (18) months or having served the minimum probationary period of eighteen (18) months but not having received regular status shall be allowed leave of absence without pay
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for the duration of a national emergency. Following such leave, said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit, as above specified, and shall serve the balance of their probationary period before attaining regular status.
Two (2) or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment, provided they are physically fit, as above specified.
9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the City, to leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as they are retired on permanent disability pension.
If the injury is claimed to be job-related or a recurrence of a previous job-related sickness or injury, it must be verified with a written physician's statement. Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence.
The company officer should originate a "Supervisor's Report of Accident" form (Form 78).
(a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(b) Accessibility and Reporting. All officers and membersemployees of the dDepartment on leave for injury (job-related or non-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.
All officers and membersemployees of the dDepartment on leave for injury (job-related or non-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office. (c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period.
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(d) Forms and Procedures. Workers’ Ccompensation processing shall be consistent with City procedures and in accordance with State Wworkers’ Ccompensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on- the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.
9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.
Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.
The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence.
Authorized absences without pay that exceed thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.
9.6 Leaves of Absence Without Pay
(a) Purpose and Length. Only employees occupying positions on a regular status basis are eligible for leaves of absence without pay under the provisions of thise section.
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An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.
Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
Such a leave will be granted only after all accrued sick leave has been used and shall be substantiated by a physician's statement.
(b) Application For and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief or the Fire Chief’s representative to evaluate the request. Leaves of absence without pay may be canceled by the Fire Department at any time.
9.7 Absence Without Official Leave (AWOL)
(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the dDepartment or City Manager or at the expiration of a leave shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.
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SECTION 10. DAYS AND HOURS OF WORK
10.1 Workweek
The regularly scheduled workweek for each member of the Fire Unit assigned to fire suppression duties shall average fifty six (56) hours over a twelve (12) week period.
The regularly scheduled workweek for each member of the Fire Unit assigned to work in the Department’s administrative offices, the Fire Prevention Bureau, or the Division of Training shall be forty (40) hours. Other work periods may be declared by the Fire Chief for some or all members of the Fire Unit when dictated by operational requirements of the Fire Department.
All working shifts will commence at 0800 hours, with the exception of the employees assigned to work in the Fire Administration Office, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.
10.2 Shift Trades
Fire Unit employees will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief or the Fire Chief’s designee in accordance with Article J, Section 2 of the Fire Department Procedures Manual, which provides for Fire Unit employees to have up to a maximum of nine (9) uncompleted shift trades at any one time and that the period during which shifts are to be traded and paid back shall not exceed twelve (12) months.
Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.
10.3 Staffing
The City has management rights to determine staffing and the City will comply with applicable California Occupational Safety and Health Act (CalOSHA) laws.
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SECTION 11. OVERTIME
11.1 Fair Labor Standards Act (FLSA) Agreement
(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
(b) “Day shift employees” means Fire Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). “Day shift employees” also includes firefighters and fire recruits assigned to the fire training academy.
(c) 24-hour Shift Employees.
(1) Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of their eight (8) regularly scheduled shifts within one hundred and eighty-two (182) hours in athe twenty-four (24) day work period.
(2) Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive twothree point nine twoone six (2.923.16) hours per pay period (26 pay periods) for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of one hundred and eighty-two (182) and one hundred and ninety-two (192) hours in a twenty-four (24) day work period.
(d) For dDay sShift employees, overtime shall be paid at the rate of time and one half (1-½) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Bereavement lLeave, jJury dDuty lLeave, iIndustrial iIllness or iInjury lLeave (4850) taken within the work period when 4850 leave begins or ends, vacation leave taken within the work period, and Ssick lLeave shall also count as actual time worked. Vacation leave or oOther time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in aAdministrative assignments where holidays are observed only.
(f) The regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee” as defined by the FLSA.Notwithstanding
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subparagraph “e” above, effective as soon as administratively possible but no later than the second full pay period following adoption of this agreement by the City Council, vacation leave taken within the work period shall also count as actual time worked. The parties agree that the cost value of this modification is approximately thirty-five one-hundredths percent (0.35%) of salary for the bargaining unit. During the final year of this MOU, the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modifications to or continuation of this structure as part of successor contract negotiations.
(f)
(g) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment.
(h) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule conflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative.
(i) ClassificationRank for ClassificationRank Relief. In providing relief, Fire Unit employees may work in a classificationrank lower than the classificationrank which they currently hold but may not provide relief by working in a classificationrank above their current classificationrank, except in extraordinary circumstances.
(j) Continuing Education for Paramedics. Upon prior approval of the Fire Chief the City will compensate members of the Fire Unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in a two (2) year certification period.
(k) Conflict Resolution. The City and the Union will cooperate with each other to
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promptly resolve any disagreement that may arise during the term of this MOUemorandum of Understanding regarding compliance with the FLSA. Any dispute involving the interpretation or application of the FLSA may be referred to the City Manager by the complaining party or by the Director of Human Resources. Such referral will be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager will designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides. (l) Calculation of Pay While in Fire Academy. While enrolled in the Fire Academy, newly appointed firefighters shall have their pay calculated on a (forty) 40-hour workweek and overtime shall be paid in accordance with section 11.1(d) above (this will not include FLSA pay based on a (fifty-six) 56-hour workweek as a Paramedic add pay be due).
11.2 Compensatory Time
(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or in excess of their normal work schedule.
(b) Use. Such Ccompensatory tTime must be taken during the same work period in which it is earned in accordance with sSection 11.1 above. The accrual of Ccompensatory Ttime and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that they are unable to take accrued Ccompensatory tTime during the same work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½) depending upon the number of hours worked by the employee during the work period consistent with sSection 11.1 above.
(c) Department Policy. Compensatory tTime for sworn (forty) 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.
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SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this M OUemorandum of Understanding by the Fire Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section.
The City observes the following holidays on the dates indicated:
(1) New Year’s Day ......................................................................... (January 1) (2) Martin Luther King’s Birthday ............................. (Third Monday in January) (3) Lincoln’s Birthday .......................................... (Second Monday in February) (4) Washington’s Birthday ...................................... (Third Monday in February) (5) Cesar Chavez Day ...................................... (March 31 - F loatingLOATING) (6) Memorial Day ............................................................. (Last Monday in May) (7) Independence Day ........................................................................... (July 4) (8) Labor Day ....................................................... (First Monday in September) (9) Columbus Day ............................................... (Second Monday in October) (10) Veterans’ Day ...................................................................... (November 11) (11) Thanksgiving .............................................. (Fourth Thursday in November) (12) The day following Thanksgiving ...................... (Fourth Friday in November) (13) Christmas Day ..................................................................... (December 25) (14) Birthday Holiday
(b) Effective July 1, 2021, 0.41% waswill be added to the suppression classifications on the salary schedule for the bBirthday hHoliday.
(c) Effective August 1, 2011, the differential for Administrative Captain and oOther aAdministrative pPositions in sSections 13.12 and 13.14 waswill be increased by
6.34%.
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(d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.
For positions that observe holidays, the floatingFLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.
There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). (e) For positions that observe holidays, in order to receive hHoliday pPay the employee must be in a paid status the day before and the day after the holiday. (f) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days beginning on the day of the employee’s birthday.
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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement System (CalPERS) 3% @at 50 local safety pension formula based on the single highest year.
(b) Additional CalPERS Benefits.
(1) The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to two thousand and eighty ( 2,080) hours (Government Code Section 20965), Survivor Benefit Level 4 (Government Code Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code Section 21635), Continuation of Death Benefits After Remarriage (Government Code Section 21551), and Military Service Credit as Public Service and for Retired Persons at the employees’ expense (Government Code Sections 21024 and 21027).
(2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this MOUemorandum of Understanding.
(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compensation as determined by state law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code Section 20691.
(d) EPMC Payrate Conversion. The City will cease paying the nine percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays their nine percent (9%) employee contribution on a pre-tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code section 20692. Instead of applying these Ssection 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve (12) month period prior to the effective date of retirement. Employees who wish to select this option, shall
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indicate this on the City’s EPMC Authorization form provided by Human Resources.
(e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012 agree to continue sharing the cost of the CalPERS 3% @ at 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll deduction. If legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employee’s share of retirement contribution, thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible, consistent with CalPERS regulations, to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.
13.2 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 , and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013 , who qualify as “classic” members, with the CalPERS 3% @at 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pre-tax basis toward the employee contribution for the pension benefit and are not subject to the Government Code Section 20516 Cost Sharing provision in sSection
13.1 (e) above.
13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013, without reciprocity (i.e., “new” members) the CalPERS 2.7% @at 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.
Employees without reciprocity shall continue contributing fifty percent (50%) of the
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“normal” cost as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code Section 20516 cCost sSharing provision in sSection 13.1 (e) above.
13.4 Education Incentive Pay
(a) Employees who satisfy the educational and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of the classificationrank for sworn Fire Unit employees.
(b) Employees who satisfy the educational and service requirements for an advanced education certification shall receive five percent (5%) of the top step of the classificationrank for sworn Fire Unit employees.
13.5 HAZ/MAT Assignment
The City shall pay five percent (5%) of the top step of the classificationrank for sworn Fire Unit employees actively assigned to the HAZ/MAT response team. This section applies to a total certified and assigned complement of twenty-one (21) employees.
The Fire Chief or their designee shall ensure that employees with HAZ/MAT certification are assigned to back fill vacancies on the HAZ/MAT response team due to events such as vacation or sick leave and that such employees receive the five percent (5%) temporary add pay while working the vacant assignment.
13.6 Emergency Medical Technician (EMT) Certification
It is the policy of the Stockton Fire Department that all sworn employees assigned to line fire suppression activities and working in the classificationrank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (“EMT”) certification or face disciplinary procedures detailed below.
Each member shall secure EMT certification within one (1) year of commencement of employment and maintain that certification throughout their career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.
All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member fails to re-certify after one (1) attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re-certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of
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local courses offered by other agencies. If the member fails the second attempt or the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR training and certification by the Division of Training prior to assignment to line fire suppression activities.
Members whose certification lapses shall have eighteen (18) months to complete an EMT re-certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one (1) pay grade until EMT re-certification is achieved.
A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination.
Any disputes that result from this agreement shall be handled in accordance with the current MOUemorandum of Understanding grievance procedures.
13.7 Paramedic Certification
(a) The City shall pay Fire Unit employees who are assigned to Paramedic duties and possess a valid Paramedic certificate as follows:
(1) Paramedic Firefighter Step I: Six percent (6%) above top step of current applicable classificationrank.
(2) Paramedic Firefighter Step III: Eight and one-half percent (8.5%) above top step of current applicable classificationrank.
(3) Paramedic Firefighter Step V: Nine percent (9%) above top step of current applicable classificationrank.
(4) Paramedic Engineer: Six percent (6%) above Engineer top step.
(5) Paramedic Fire Captain: Six percent (6%) above Fire Captain top step.
13.8 Uniform Allowance
Employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.
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13.9 Contagious Disease
The City shall make available, at no cost to the employee, screenings for all strains of hepatitis, hepatitis B vaccinations, and shall monitor employees’ exposure to tuberculosis.
13.10 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
13.11 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after they have worked a scheduled shift and have departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½) of their regular rate of pay for time worked, whichever is greater.
The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis.
13.12 Deputy Fire Marshal Series
(a) Employees assigned as Deputy Fire Marshals and are designated as administrative positions shall be paid as follows:
(1) Deputy Fire Marshal I: Two and one-half percent (2.5%) above Firefighter top step
(2) Deputy Fire Marshal II: Five percent (5%) above Firefighter top step
(3) Deputy Fire Marshal III: Seven and one-half percent (7.5%) above Firefighter top step
(4) Deputy Fire Marshal IV: Ten percent (10%) above Firefighter top step
(5) Fire Captain (FM III): Ten percent (10%) above Fire Captain top step
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13.132 Fire fighter/Engineer Operator
Employees assigned as Fire fighter/Engineer Operators shall be paid five percent (5%) above the Engineer top step.
13.143 Administrative Positions
(a) Administrative Captain. Employees assigned as Administrative Captains shall receive additional compensation equal to nineteen point six seven percent (19.67%) of their regular rate of pay. The 19.67% includes the six point three four percent (6.34%) referenced in section 12(c) of this MOU.be paid at a rate that is thirteen point three three percent (13.33%) above the amount paid to Captains assigned to fire suppression duties. Note: The FLSA rate was 3.33% so this rate is not increasing.
(b) Administrative Firefighter. Fire Unit employees assigned as an Administrative Firefighter shall receive compensation equal to fourteen point six seven percent (14.67%) of top step of the Administrative Firefighter classification.
The 14.67% includes the six point three four percent (6.34%) referenced in section 12(c) of this MOU. be paid at the rate of eight point three three percent (8.33%) of top step of rank of Fire Unit employees assigned as an Administrative Firefighter will receivewith pay increases of two and one-half percent (2.5%) per year to a maximum of nineteen point six seven percent (19.67%). thirteen point three three percent (13.33%). Note: The FLSA rate was 3.33% so this rate is not increasing.
(c) Administrative Firefighter/Engineer. Fire Unit employees assigned as an Administrative Firefighter/Engineer shall receive additional compensation equal to fourteen point six seven percent (14.67%) be paid at the rate of eight point three three percent (8.33%) of top step of the Administrative Firefighter/Engineer classification. rank of Firefighter/EngineerThe 14.67% includes the six point three four percent (6.34%) referenced in section 12(c) of this MOU. Fire Unit employees assigned as an Administrative Firefighter/Engineer will receive with pay increases of two and one-half percent (2.5%) per year to a maximum of nineteen point six seven percent (19.67%). thirteen point three three percent (13.33%). Note: The FLSA rate was 3.33%, so this rate is not increasing.
13.154 Longevity Pay
(a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011, who by July 1, 2012 have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one quarter percent (1.25%) of top step pay for their classification.
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(b) Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty-two (22) years of continuous employment with the City shall receive an additional eight and three-quarters percent (8.75%) of top step pay for their classification. Effective July 1, 2016, the City agrees to continue the Tier Two longevity pay for the eligible members at the 8.75% rate, rather than the previously negotiated rate of four and three-quarters (4.75%) based on the association’s Union’s agreement in prior Memoranda of Understanding to redirect City Health Reimbursement Account (HRA) contributions to buy back this benefit.
13.165 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
(a) Participation in the Wellness-Fitness Program is mandatory for the program’s testing, evaluations, and daily physical training requirements. (b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. (d) The Union and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.
13.176 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this MOUemorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this M OUemorandum of Understanding is outside of the City’s control.
13.187 Lapse of Certification
An employee receiving an add pay under sSection 13 of this M OUemorandum of Understanding, whose certification lapses will not be eligible for the add pay and will
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be subject to reassignment. Reinstatement of the add pay will commence upon recertification.
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SECTION 14. INSURANCE PLANS
14.0 Reopener Clause for Health Insurance
The Association Union agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.
14.1 Health Insurance and Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus one and Employee plus two or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for Medical, Dental, and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Towards the Cost of Insurance Programs. (1) Effective July 1, 2022January 1, 2026 , the City shall contribute the following:
a. Up to $ 697814 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $ 1,2651,477 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $ 1,6851,968 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
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(2) Effective July 1, 2023, the City shall contribute the following:
a. Up to $711 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,290 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,719 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective July 1, 2024, the City shall contribute the following:
a. Up to $725 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,316 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,753 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
These contributions are based on full-time employment ; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion. (d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
14.2 Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.
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14.3 Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.
14.4 Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Unit members to be contributed to the Trust.
The Trust shall be and remain separate and apart from any Employer health insurance funding program.
Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a bi-weekly payroll deduction. This contribution amount shall be included in the above-referenced notice to the City. Individuals who attain regular status in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.
To the extent authorized by law, all contributions shall be made on a pre-tax basis.
The employee assumes full responsibility and liability for tax consequences related to contributions to and/or withdrawals from the Trust. There shall be no employee election or option to take the contribution amount in cash. The Union has the right to alter the amount of salary deduction during the course of this Agreement, on a uniform basis, for all employees covered by the Agreement, subject to approval of its members according to the Union’s bylaws and applicable laws. The Union shall provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.
The City shall not charge the Union or Fire Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Unit members in the Trust.
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The Union agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.
The City provides no guarantee to employees regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this contract shall constitute a guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All payments, in the form of employee contributions, to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan. The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in this contract.
The City’s obligation to provide pre-tax deposits would remain subject to Internal Revenue Service (IRS) rules as they may be revised in the future. Should the IRSnternal Revenue Service later determine that these contributions are no longer permissible on a pre-tax basis, the City shall cease deducting such amounts from employee compensation.
Participation in the Trust shall be the complete and sole responsibility of the union.
The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect to the Trust. The City has no fiduciary duty with respect to the Trust.
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SECTION 15. SALARY PLAN
15.1 Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full time employment for each classification, unless the schedule specifically indicates otherwise. The Salary Schedule on the City of Stockton’s Human Resources Site shall provide salary rates for the classifications in the Fire Unit.
15.2 Salary Upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which the employee is appointed. When circumstances warrant, the City Manager may approve an entrance salary that is more than the minimum salary for the class. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.
15.3 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.4 Salary Step Plan-Sworn ClassificationRanks
(a) There shall be nine (9) salary steps for the classification of Firefighter. There shall be six (6) salary steps in each range for the classifications of Firefighter/Engineer and Fire Captain.
(b) The first step shall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first step after receiving the recommendation of the department head. The same provisions shall apply to hourly paid and part-time employees.)
(c) If a department head recommends to withhold increases to salary steps two (2) through nine (9) because an employee has not achieved the level of performance required, notice must be received by the City Manager at least
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four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation.
(d) The second step shall be paid upon the employee’s satisfactory completion of the Fire Academy and upon the written recommendation of the department head.
(e) The third step shall be paid upon the satisfactory completion of six (6) months of service at the second step upon the written recommendation of the department head.
(f) The fourth step shall be paid upon the satisfactory completion of six (6) months of service at the third step upon the written recommendation of the department head.
(g) The fifth step shall be paid upon the satisfactory completion of one (1) year of service at the fourth step upon the written recommendation of the department head.
(h) The sixth step shall be paid upon the satisfactory completion of one (1) year of service at the fifth step and written recommendation of the department head. (i) The seventh step shall be paid upon the satisfactory completion of one (1) year of service at the sixth step and upon the written recommendation of the department head.
(j) The eighth step shall be paid upon the satisfactory completion of one (1) year of service at the seventh step and upon the written recommendation of the department head.
(k) The ninth step shall be paid upon the satisfactory completion of six (6) months of service at the eighth step and upon the written recommendation of the department head.
(l) As an exception to the foregoing, employees promoted to the classificationrank of Fire Captain shall be eligible for step increases upon the satisfactory completion of six (6) months’ service in each step of the Fire Captain Salary range. Also, employees holding the classificationrank of Firefighter/Engineer shall be subject to step increase intervals of one (1) year.
However, the Firefighter/Engineer classificationrank shall be limited to six (6) salary steps. Regardless of an employee's length of service, step advancements may be made upon recommendation of the department head, but not above Step No. 6 of the Firefighter/Engineer and Fire Captain Salary ranges, and not above Step No. 9 of the Firefighter salary range.
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(m) Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date. (n) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.
(o) Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.
15.5 Salary Step After Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
15.6 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.
15.7 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one classificationrank to a position in a higher classificationrank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher classificationrank, that employee shall be entitled to a step in the salary range of the higher classificationrank which is at least five percent (5%) above the current base pay salary on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher classificationrank. Add pays are not included in the calculation of base salary for the purposes of this section.
When an employee is promoted into another bargaining unit, the new bargaining unit’s salary after promotion rules shall apply.
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank classification to which demoted.
15.8 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one
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carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation unless there has been an increase within the salary range.
15.9 Salary Adjustments
(a) Effective July 1, 2022September 1, 2025, all bargaining unit classifications will receive a nine point six fivetwo percent (9.652 %) Cost of Living Adjustment (COLA) increase to base pay (comprised of a two percent (2%) COLA and a seven point six five percent (7.65%) Market Adjustment).
(b) Effective July 1, 2023, all bargaining unit classifications will receive a four percent (4%) increase to base pay (comprised of a two percent (2%) COLA and a two percent (2%) Market Adjustment).
(c) Effective July 1, 2024, all bargaining unit classifications will receive a four percent (4%) increase to base pay (comprised of a two percent (2%) COLA and a two percent (2%) Market Adjustment).
15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.1115.10 Lump Sum Payment
Each employee who is employed in the bargaining unit as of January 1, 2024 will receive a five thousand ($5,000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
Employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, will receive a lump sum payment equal to the two percent (2%) COLA from July 1, 2025 through August 31, 2025, to be paid as soon as administratively possible.
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SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this M OUemorandum of Understanding are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the MOUemorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this M OUemorandum of Understanding , all of which other provisions shall remain in full force and effect.
SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this M OUemorandum of Understanding.
This M OU emorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Union.
SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this M OUemorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to the meeting and conferring process.
SECTION 19. DURATION OF AGREEMENT
All provisions of this MOUemorandum of Understanding shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including June 30, 202526.
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SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this M OUemorandum of Understanding, through and inclusive of June 30, 202526, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing), against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has engaged in any activity prohibited by subsection (a) of this section. In addition, the City may take other action that it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this M OUemorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.
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APPENDIX A: City of Stockton’s New Medical Response Squad At such time when the department is sufficiently staffed to allow for the staffing of a Medical Response Squad, without incurring additional mandatory overtime within the department, the parties agree to reopen negotiations solely for the purpose of meeting and conferring over any negotiable impacts associated with adding a new Medical Response Squad.
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APPENDIX B. COLA and Market Adjustments
Year 1- Effective 7/1/22;
Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6 7 8 9
Fire Captain 7,257.16 7,630.30 8,021.79 8,434.05 8,867.15 9,323.48 - - - COLA and MA year 1 (9.65%) 700.32 736.32 774.10 813.89 855.68 899.72 - - - Year 1 - Monthly Salary 7,957.48 8,366.62 8,795.89 9,247.94 9,722.83 10,223.20 - - - COLA and MA year 2 (4%) 318.30 334.66 351.84 369.92 388.91 408.93 - - - Year 2 - Monthly Salary 8,275.77 8,701.29 9,147.73 9,617.85 10,111.74 10,632.12 - - - COLA and MA year 3 (4%) 331.03 348.05 365.91 384.71 404.47 425.28 - - - Year 3 - Monthly Salary 8,606.81 9,049.34 9,513.64 10,002.57 10,516.21 11,057.41 - - -
Fire Captain - Admin 6,839.34 7,191.06 7,560.07 7,948.68 8,356.90 8,787.04 - - - COLA and MA year 1 (9.65%) 660.00 693.94 729.55 767.05 806.44 847.95 - - - Year 1 - Monthly Salary 7,499.34 7,885.00 8,289.62 8,715.73 9,163.34 9,634.99 - - - COLA and MA year 2 (4%) 299.97 315.40 331.58 348.63 366.53 385.40 - - - Year 2 - Monthly Salary 7,799.31 8,200.40 8,621.20 9,064.36 9,529.87 10,020.39 - - - COLA and MA year 3 (4%) 311.97 328.02 344.85 362.57 381.19 400.82 - - - Year 3 - Monthly Salary 8,111.28 8,528.41 8,966.05 9,426.93 9,911.07 10,421.20 - - -
Fire Captain (22 years) 7,892.16 8,297.95 8,723.68 9,172.04 9,643.02
10,139.28 - - -
COLA and MA year 1 (9.65%) 761.59 800.75 841.84 885.10 930.55 978.44 - - - Year 1 - Monthly Salary 8,653.75 9,098.70 9,565.52 10,057.14 10,573.57 11,117.72 - - - COLA and MA year 2 (4%) 346.15 363.95 382.62 402.29 422.94 444.71 - - -
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Year 2 - Monthly Salary 8,999.90 9,462.65 9,948.14 10,459.43 10,996.51 11,562.43 - - - COLA and MA year 3 (4%) 360.00 378.51 397.93 418.38 439.86 462.50 - - - Year 3 - Monthly Salary 9,359.90 9,841.16 10,346.06 10,877.80 11,436.37 12,024.93 - - -
Fire Captain (22 years) -
Admin 7,437.78 7,820.28 8,221.59 8,644.18 9,088.13 9,555.90 - - - COLA and MA year 1 (9.65%) 717.75 754.66 793.38 834.16 877.00 922.14 - - - Year 1 - Monthly Salary 8,155.53 8,574.94 9,014.97 9,478.34 9,965.13 10,478.04 - - - COLA and MA year 2 (4%) 326.22 343.00 360.60 379.13 398.61 419.12 - - - Year 2 - Monthly Salary 8,481.75 8,917.93 9,375.57 9,857.48 10,363.74 10,897.17 - - - COLA and MA year 3 (4%) 339.27 356.72 375.02 394.30 414.55 435.89 - - - Year 3 - Monthly Salary 8,821.02 9,274.65 9,750.60 10,251.78 10,778.29 11,333.05 - - -
Fire Fighter 4,772.67 5,018.13 5,276.35 5,547.28 5,833.26 6,133.15 6,448.09 6,779.23 7,127.75 COLA and MA year 1 (9.65%) 460.56 484.25 509.17 535.31 562.91 591.85 622.24 654.20 687.83 Year 1 - Monthly Salary 5,233.23 5,502.38 5,785.52 6,082.59 6,396.17 6,725.00 7,070.33 7,433.43 7,815.58 COLA and MA year 2 (4%) 209.33 220.10 231.42 243.30 255.85 269.00 282.81 297.34 312.62 Year 2 - Monthly Salary 5,442.56 5,722.47 6,016.94 6,325.90 6,652.02 6,994.00 7,353.14 7,730.76 8,128.20 COLA and MA year 3 (4%) 217.70 228.90 240.68 253.04 266.08 279.76 294.13 309.23 325.13 Year 3 - Monthly Salary 5,660.26 5,951.37 6,257.62 6,578.93 6,918.10 7,273.76 7,647.27 8,039.99 8,453.33
Fire Fighter - Admin 4,497.55 4,728.93 4,972.30 5,227.68 5,497.26 5,779.93 6,076.79 6,388.91 6,717.41 COLA and MA year 1 (9.65%) 434.01 456.34 479.83 504.47 530.49 557.76 586.41 616.53 648.23 Year 1 - Monthly Salary 4,931.56 5,185.27 5,452.13 5,732.15 6,027.75 6,337.69 6,663.20 7,005.44 7,365.64 COLA and MA year 2 (4%) 197.26 207.41 218.09 229.29 241.11 253.51 266.53 280.22 294.63 Year 2 - Monthly Salary 5,128.83 5,392.68 5,670.21 5,961.44 6,268.86 6,591.20 6,929.73 7,285.66 7,660.27 COLA and MA year 3 (4%) 205.15 215.71 226.81 238.46 250.75 263.65 277.19 291.43 306.41 Year 3 - Monthly Salary 5,333.98 5,608.39 5,897.02 6,199.89 6,519.61 6,854.85 7,206.92 7,577.08 7,966.68
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Fire Fighter (22 years) 5,457.22 5,738.03 6,032.67 6,343.68 6,669.81 7,012.30 7,372.41 7,751.42 - COLA and MA year 1 (9.65%) 526.62 553.72 582.15 612.17 643.64 676.69 711.44 748.01 - Year 1 - Monthly Salary 5,983.84 6,291.75 6,614.82 6,955.85 7,313.45 7,688.99 8,083.85 8,499.43 - COLA and MA year 2 (4%) 239.35 251.67 264.59 278.23 292.54 307.56 323.35 339.98 - Year 2 - Monthly Salary 6,223.20 6,543.42 6,879.42 7,234.08 7,605.98 7,996.55 8,407.20 8,839.41 - COLA and MA year 3 (4%) 248.93 261.74 275.18 289.36 304.24 319.86 336.29 353.58 - Year 3 - Monthly Salary 6,472.12 6,805.16 7,154.59 7,523.44 7,910.22 8,316.41 8,743.49 9,192.99 -
Fire Fighter (22 years) -
Admin 5,142.71 5,407.38 5,684.42 5,978.27 6,285.68 6,608.51 6,947.94 7,305.18 - COLA and MA year 1 (9.65%) 496.27 521.81 548.55 576.90 606.57 637.72 670.48 704.95 - Year 1 - Monthly Salary 5,638.98 5,929.19 6,232.97 6,555.17 6,892.25 7,246.23 7,618.42 8,010.13 - COLA and MA year 2 (4%) 225.56 237.17 249.32 262.21 275.69 289.85 304.74 320.41 - Year 2 - Monthly Salary 5,864.54 6,166.36 6,482.29 6,817.38 7,167.94 7,536.08 7,923.15 8,330.54 - COLA and MA year 3 (4%) 234.58 246.65 259.29 272.70 286.72 301.44 316.93 333.22 - Year 3 - Monthly Salary 6,099.12 6,413.01 6,741.58 7,090.08 7,454.66 7,837.52 8,240.08 8,663.76 -
Fire Fighter Engineer 6,355.55 6,681.67 7,026.03 7,386.21 7,765.86 8,164.98 - - - COLA and MA year 1 (9.65%) 613.31 644.78 678.01 712.77 749.41 787.92 - - - Year 1 - Monthly Salary 6,968.86 7,326.45 7,704.04 8,098.98 8,515.27 8,952.90 - - - COLA and MA year 2 (4%) 278.75 293.06 308.16 323.96 340.61 358.12 - - - Year 2 - Monthly Salary 7,247.61 7,619.51 8,012.20 8,422.94 8,855.88 9,311.02 - - - COLA and MA year 3 (4%) 289.90 304.78 320.49 336.92 354.24 372.44 - - - Year 3 - Monthly Salary 7,537.52 7,924.29 8,332.69 8,759.86 9,210.11 9,683.46 - - -
Fire Fighter Engineer -
Admin 5,989.48 6,296.89 6,621.48 6,960.99 7,318.84 7,694.81 - - - COLA and MA year 1 (9.65%) 577.98 607.65 638.97 671.74 706.27 742.55 - - -
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Year 1 - Monthly Salary 6,567.46 6,904.54 7,260.45 7,632.73 8,025.11 8,437.36 - - - COLA and MA year 2 (4%) 262.70 276.18 290.42 305.31 321.00 337.49 - - - Year 2 - Monthly Salary 6,830.16 7,180.72 7,550.87 7,938.03 8,346.11 8,774.85 - - - COLA and MA year 3 (4%) 273.21 287.23 302.03 317.52 333.84 350.99 - - - Year 3 - Monthly Salary 7,103.37 7,467.95 7,852.91 8,255.56 8,679.96 9,125.85 - - -
Fire Fighter Engineer (22
years) 6,911.65 7,266.30 7,640.82 8,032.50 8,445.37 8,879.42 - - - COLA and MA year 1 (9.65%) 666.97 701.20 737.34 775.14 814.98 856.86 - - - Year 1 - Monthly Salary 7,578.62 7,967.50 8,378.16 8,807.64 9,260.35 9,736.28 - - - COLA and MA year 2 (4%) 303.14 318.70 335.13 352.31 370.41 389.45 - - - Year 2 - Monthly Salary 7,881.77 8,286.20 8,713.29 9,159.94 9,630.76 10,125.74 - - - COLA and MA year 3 (4%) 315.27 331.45 348.53 366.40 385.23 405.03 - - - Year 3 - Monthly Salary 8,197.04 8,617.65 9,061.82 9,526.34 10,015.99 10,530.76 - - -
Fire Fighter Engineer (22
years) - Admin 6,513.56 6,847.87 7,200.86 7,570.07 7,959.23 8,368.11 - - - COLA and MA year 1 (9.65%) 628.56 660.82 694.88 730.51 768.07 807.52 - - - Year 1 - Monthly Salary 7,142.12 7,508.69 7,895.74 8,300.58 8,727.30 9,175.63 - - - COLA and MA year 2 (4%) 285.68 300.35 315.83 332.02 349.09 367.03 - - - Year 2 - Monthly Salary 7,427.80 7,809.04 8,211.57 8,632.61 9,076.39 9,542.66 - - - COLA and MA year 3 (4%) 297.11 312.36 328.46 345.30 363.06 381.71 - - - Year 3 - Monthly Salary 7,724.92 8,121.40 8,540.04 8,977.91 9,439.44 9,924.36 - - -
Fire Fighter Trainee 4,772.67 - - - - - - - - COLA and MA year 1 (9.65%) 460.56 - - - - - - - - Year 1 - Monthly Salary 5,233.23 - - - - - - - - COLA and MA year 2 (4%) 209.33 - - - - - - - - Year 2 - Monthly Salary 5,442.56 - - - - - - - -
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COLA and MA year 3 (4%) 217.70 - - - - - - - - Year 3 - Monthly Salary 5,660.26 - - - - - - - -
IN WITNESS WHEREOF this MOUemorandum of Understanding was ratified by a membership vote of the Association Union on the ______ day of_________, 20225 and by an affirmative vote of the Stockton City Council on _______________. The parties hereto have executed this Memorandum of Understanding this _______day of ___________, 20225 .
STOCKTON PROFESSIONAL
FIRE FIGHTERS’ LOCAL UNION 456,
International Association of Fire Fighters City of Stockton ___________________________________ _________________________________
MARIO GARDEADEVIN ROBSON HARRY BLACKWILLIAM CREW
President Acting City Manager
___________________________________ _________________________________
MICAH MORI ROSEMARY RIVAS
Fire Unit Representative
___________________________________ Director of Human Resources _________________________________
SCOTT WATKINS ROSEMARY RIVAS
Fire Unit Representative Interim Director of Human Resources
Approved as to form: Approved as to form:
RAINS LUCIA STERN, PC LORI M. ASUNCION, City Attorney
By: By:
________________________________ _________________________________ TIMOTHY TALBOT MARCI A. ARREDONDOTARYN JONES
Attorney for the UnionAssociation AssistantDeputy City Attorney
By:
_________________________________
BURKE DUNPHY EMILY PRESCOTT
Negotiator for the City
ATTACHMENT E
223
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202225 – JUNE 30, 202526
CITY OF STOCKTON 54
ATTEST:
_________________________________
ELIZA GARZAKATHERINE ROLAND
City Clerk
ATTACHMENT E
224
Side Letter Agreement – Longevity Pay
Side Letter Agreement
Between
The City of Stockton and the Stockton Firefighters’ Local 456 (Fire Unit) Effective September 1, 2025 through March 31, 2034
Longevity Pay
This will confirm an understanding reached between the City of Stockton (hereinafter referred to as “City”) and the Stockton Firefighters’ Local 456 (hereinafter referred to as “Fire Unit”).
In an effort to address retention of Fire Unit employees, the City and the Fire Unit have met and conferred and agree on the following:
1. Longevity Pay
a. Lump Sum Payment. For qualifying employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, the City will provide a one-time lump sum payment equivalent to two months of longevity pay to all eligible employees, which will be paid as soon as administratively possible. This payment represents compensation for longevity earned during the period of July 1, 2025 to August 31, 2025, based on the employees’ length of service with the City, as defined in eligibility criteria in section 1.b below. This payment will be reported as longevity pay and allocated to the corresponding pay periods in which it was earned. Longevity pay will continue to be provided on an ongoing basis as outlined in this Side Letter.
b. Eligibility criteria:
(1) Employees with five (5) years of paid service with the City shall receive additional compensation in the amount of two percent (2.0%) above their hourly rate of pay, paid on a per pay period basis. (2) Employees with ten (10) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (four percent (4%) combined total), paid on a per pay period basis.
(3) Employees with fifteen (15) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (six percent (6%) combined total), paid on a per pay period basis. (4) Employees with twenty (20) years of paid service with the City shall receive an additional two percent (2.0%) above their hourly rate of pay (eight percent (8%) combined total), paid on a per pay period basis.
ATTACHMENT F
225
Side Letter Agreement – Longevity Pay Page 2
2. The parties agree to execute this side letter with the mutual understanding that it is the intent of both parties for longevity pay to remain an ongoing component of employee compensation. For the period of July 1, 2025 through June 30, 2026, the City will fund longevity pay using one-time reserves. While permanent ongoing funding has not yet been identified, the City will make every effort to ensure the continuation of longevity pay in subsequent years. Continuation will remain in place unless circumstances make funding unsustainable. If such circumstances arise, the City will meet and confer with the Union in good faith to explore options for maintaining longevity pay. If no mutually acceptable solution is reached, the City Manager will make a final determination on funding availability, taking into account the information and input provided during the meet-and-confer process.
3. Limited Term of Side Agreement: This side letter agreement shall be effective on September 1, 2025 and cease to be operative no later than 11:59 p.m. on March 31, 2034 unless the parties agree to conclude it earlier or extend this side letter by mutual agreement at any time. The provisions of this side letter are not subject to the grievance process.
FOR THE CITY: FOR THE FIRE UNIT:
Will Crew, Acting City Manager
Date: ____________________________
Timothy K. Talbot, Fire Unit Negotiator
Date: ___________________________
Chad Reed, Deputy City Manager, ASD
Date: ____________________________
Devin Robson, President, Local 456
Date: ___________________________
Rosemary Rivas, Director of HR
Date: ____________________________
Lori Asuncion, City Attorney
Date: ____________________________
ATTACHMENT F
226
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE MEMORANDA OF UNDERSTANDING AND
LONGEVITY PAY SIDE LETTERS BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE
MANAGEMENT UNIT AND THE INCORPORATION OF ADDITIONAL
EXPENDITURES IN THE FISCAL YEAR 2025-2026 BUDGET TO FUND SALARY AND
BENEFITS ADJUSTMENT
The Director of H uman Resources, in her capacity as the Employee Relations Officer, along with the negotiating team, met and conferred with officials of the Stockton Police Management Association (SPMA), Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit and reached a tentative agreement for a successor Memorandum of Understanding and agreed to terms of a side letter agreement for Longevity Pay . On August 15, 2025, The Fire Management Unit ratified the agreement by a majority vote of the ir members. On August 18, 2025, SPMA ratified the agreement by a majority vote of their members. Subsequently, the Fire unit Unit ratified the agreement on August 20, 2025, by a majority vote of their members; and
The City of Stockton and the Stockton Police Management Association, Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit have in good faith completed their m eet 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 and the Stockton Police Management Association, Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit is attached hereto as Exhibits 1, 2, and 3 and made part hereof by this reference, is hereby approved, and adopted.
2. The Longevity Pay Side Letters between the City of Stockton and the Stockton Police Management Association, Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit is attached hereto as Exhibits 4, 5, and 6 and made part hereof by this reference, is hereby approved, and adopted.
3. The Acting City Manager is hereby authorized and directed to execute the Memoranda of Understanding to be effective July 1, 2025.
4. The Acting City Manager is hereby authorized and directed to increase expenditure appropriation in the annual budget for Fiscal Year 2025-26, as necessary to 227
carry out the intent of the agreements as shown in Exhibit 7.
5. The Acting 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 August 26, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE D. ROLAND, CMC, CPMC
City Clerk of the City of Stockton
228
CITY OF STOCKTON
POLICE MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING
PREAM
BLE
The St
ockton Police Management Association (SPMA) and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees employed in the representation unit identified in section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This
Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-Milias-Brown Act (MMBA) (Government Code Sections 3500- 3511) 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 employee benefit adjustments for the period commencing July 1, 2025, through June 30, 2026. This agreement shall supersede all other existing agreements on these matters set forth herein.
EXHIBIT 1
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TABLE OF CONTENTS
Section 1. Recognition ................................................................................................. 1 Section 2. Association Rights ....................................................................................... 2 Section 3. Non-Discrimination ...................................................................................... 5 Section 4. Probation ..................................................................................................... 6 Section 5. Layoff........................................................................................................... 7 Section 6. Reemployment .......................................................................................... 10 Section 7. Discipline ................................................................................................... 11 Section 8. Grievance Procedures ............................................................................... 12 Section 9. Leaves ....................................................................................................... 16 Section 10. Days and Hours of Work ........................................................................... 25 Section 11. Overtime .................................................................................................... 26 Section 12. Holidays ..................................................................................................... 27 Section 13. Compensation and Allowances other than Base Salary ............................ 29 Section 14. Insurance Plans ......................................................................................... 34 Section 15. Salary Plan ................................................................................................ 36 Section 16. Separability of Provisions .......................................................................... 39 Section 17. Practices and existing Memoranda of Understanding ............................... 39 Section 18. Scope of Agreement .................................................................................. 39 Section 19. Duration of Agreement .............................................................................. 39 Section 20. Maintenance of Operations ....................................................................... 40 Section 21. Bankruptcy ................................................................................................ 41
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Section 1. Recognition
1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereinafter referred to as the "City" in employer -employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.
1.2 Association Recognition
The Stockton Police Management Association, hereinafter referred to as the "Association" is the recognized employee organization for the Police Service Management Unit, certified pursuant to Resolution No. 38,738, adopted by the City Council on November 23, 1981.
1.3 Reopener
The Association agrees to meet at the City’s request for the purpose of meeting and conferring on any changes that would be a mandatory subject of bargaining that may result from any City proposal on organizational, operational , or staffing changes that are a result of efficiency measures during the term of this agreement.
If additional revenue is identified, the parties will meet as soon as practicable to negotiate additional compensation items to be provided to the SPMA employees during the term of this MOU ending on June 30, 2026.
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SECTION 2. ASSOCIATION RIGHTS
2.1 Association Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, canceling, or changing payroll deductions for Association membership dues deductions.
(b) As certified in writing by the Association to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Association membership dues, initiation fees, general assessments , and payments for membership benefits programs sponsored by the Association from the salary or wages of all bargaining unit employees, and pay such amounts to the Association.
(1) All employee requests to cancel or change membership dues deductions shall be directed to the Association.
(2) The City shall rely upon written notification from the Association for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Association 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 Association certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Association.
(6) The Association is not required to provide a copy of individual employee authorizations to the City , unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notification will be provided to [email protected].
(8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Association notifies the City on January EXHIBIT 1
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15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Association 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 Association.
2.2 Use of City Facilities
The Association shall be allowed by the City department in which it represents employees' use of space on available bulletin boards for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with the needs of the department.
Any representative of the Association shall give notice to the department head or their designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Police Chief and, when made, shall continue until revoked by the Chief.
City buildings and other facilities may be made available for use by City employees or the Association or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
Members of the Association are prohibited from using City equipment and/or time for their own personal use.
2.3 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if affected by any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate, if requested, with the designated management representatives prior to the adoption.
In cases of emergency when the foregoing procedure is not practical or in the best EXHIBIT 1
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public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the Association shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representative designated by the City Manager.
2.4 Attendance at Meetings by Employees
Release Time Related to Meet and Confer . City employees who are official representatives of the Association shall be given reasonable time off with pay , in accordance with MMBA, to attend meetings with City Management representatives where matters within the scope of representation or grievances related to this unit are being considered.
The use of release time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives shall request an excused absence, prior to the scheduled meeting whenever possible. Except by mutual agreement , the number of employees excused for release time shall not exceed three (3) per recognized bargaining unit.
2.5 New Hire Employee Orientation and Information Requirements
(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Association 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 Association at least every one -hundred and twenty ( 120) days for all bargaining unit members.
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SECTION 3. NON-DISCRIMINATION
The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over 40), race, color, religion (creed), national origin (ancestry), military or veterans status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy , childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Association activity, or any other protected trait as determined by federal, state, and/or local law.
The Association shall cooperate with the City to achieve the objectives of Equal Employment Opportunity as defined by Federal and State regulations.
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SECTION 4. PROBATION
4.1 Promotional Appointments
Promotional appointments in this Association, except Deputy Chief of Police, shall be subject to a probationary period of twelve (12) months. The probationary period for Police promotional positions shall not be extended.
4.2 Probationer Advanced to Higher Rank
Any promotional probationary Police Management employee who is advanced to a higher classification, or is appointed to the rank of Chief of Police or Deputy Chief of Police, shall receive credit toward their promotional probationary period for the lower rank while serving in the higher probationary or appointive rank.
4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Director of Human Resources a statement in writing to such effective and stating that the retention of such employee in the service is desired.
During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which they were promoted unless charges are filed and they are discharged in the manner provided in the City Charter XXXII, section 9, Civil Service Ordinance and Civil Service Rules.
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SECTION 5. LAYOFF
5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.
5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.4 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional , or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories:
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(a) E xtra help or seasonal
(b) P rovisional
(c) T emporary
(d) P robationary
Layoffs shall be by job classification according to continuous service in class, plus all higher classes, except as specified above. For the purpose of this procedure, part-time classes shall be considered as separate from regular full-time classes.
The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service in the event the leave was taken subsequent to entry in the department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant , or other limited term status shall not count as service.
(c) Time worked in a regular or probationary status shall count as service.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.
5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least seniority in that classification. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee who has the least seniority in that classification. Employees who exercise this option shall be placed on an eligibility list for reinstatement to the higher classification for a period of five (5) years. Ranking on the reinstatement list shall be by the employee's seniority in the higher classification. All employees on the list, who are still employed by the City of Stockton, shall be reinstated to the higher classification before any new promotions can be made to that classification.
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If the change as listed above requires Civil Service approval , the Association and the City agrees to not object to this change in the duration of the reemployment list.
If the employee is in a probationary status in the higher classification, the probationary status shall resume upon reinstatement with full credit for previous time served in that classification.
5.6 Health and Welfare Benefits During Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty -six (36) months (the thirty -six (36) months runs concurrently with any COBRA benefits) from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
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SECTION 6. REEMPLOYMENT
6.1 Reemployment
When an employee in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily and whose position is abolished, is laid off due to lack of funds or on an authorized leave of absence and is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list as follows:
(a) Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for in subsection (a), above, and remain on the list either until the employee is appointed to the position or the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.
The reemployment list for any class shall be established by a Civil Service resolution as needed.
In filling vacancies, eligibles on the reemployment lists take precedence over eligibles on any other list for the same rank in the department for which the lists apply.
An employee who waives reemployment to a full-time position three (3) times shall have their name removed from this reemployment list unless mutually agreed to by the department and employee.
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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.
The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions and the Rules and Regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted, or discharged to appeal such action.
The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) working days of written notification of the action. (Such filing will foreclose use of the grievance procedure).
(c) File a grievance as provided for in section 8.5 within ten (10) working days of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
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SECTION 8. GRIEVANCE PROCEDURES
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations , and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendar days from the time the employee knew or had reason to know of the facts giving rise to the grievance.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within ten (10) working days from the day of presentation or if the employee elects to submit the grievance directly to the Association recognized as the representative of that employee's classification, the procedures hereinafter specified may be invoked.
(b) Step 2 - Director of Human Resources Review . If the employee is not satisfied with the response at Step 1, then the employee may appeal the grievance to the Director of Human Resources within ten (10) working days of the receipt of written response at Step 1. Such appeal must state with particularity; 1) the specific policy, rule, or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Association may file and process grievance(s) on behalf of the specifically named employee.
The Director of Human Resources shall have twenty (20) working days in which to investigate the issues and respond to the appeal. No grievance, EXHIBIT 1
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except for the resolution of compensation complaints, may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph unless the Director of Human Resources fails to respond within the time limit.
(c) Step 3 - City Manager Review. Within ten (10) calendar days of the receipt of the Step 2 response, the grievance may be appealed to the City Manager or their designee. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the complaint, to meet with the complainant , and if the complainant is not the Association, to meet also with the officials of the Association, and to settle the grievance or to make recommendations to the City Manager. A written response to the appeal will be provided within thirty (30) calendar days of the date of appeal.
(d) Step 4 - Arbitration. If the grievant or the Association is dissatisfied with the response at Step 3, or if the City Manager fails to respond within the time limit, the matter may, within ten (10) working days, be referred to an arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service. The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.
Proposals to add to or change this 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 EXHIBIT 1
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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.
No change in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association.
8.5 Other Provisions
If the Director of Human Resources , in pursuance of the procedures outlined above, or the City Manager, in pursuance of the provisions outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management, and if they find that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints, which allege the employee is not being compensated in accordance with the provisions of this MOU, shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the 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 thirty (30) days from the date upon which the complaint was filed.
The provisions of this section shall not abridge any right to which an employee may be administered in a manner that would abrogate any power which, under the City Charter, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees represented by the Association shall be processed under this section. If the City Charter requires that differing options be available to the employee, no action under paragraph (d) of subsection 8.3 above shall be taken unless it is determined that the employee is not availing themselves of such option.
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No action under paragraph (d) of subsection 8.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.
If any award by an arbitrator 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
(a) Vacation Allowance. All employees in this unit shall accrue vacation leave with pay in accordance with the following schedule (employees shall accrue vacation leave on a per pay period basis):
Less than 1½ years continuous employment ....................... 120 hours/year After 1½ years up to 7 1/2 years ......... ……………………… 148 hours/year After 7½ years up to 15 years ............................................. 188 hours/year After 15 years up to 25 years .............................................. 229 hours/year
Seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(b) Vacation Carryover Allowance. Effective July 1, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.
For employees who on July 1, 2012, have vacation balances that exceed their maximum shall have until June 30, 2013, to use sufficient vacation to get under the maximum allowed. If an employee does not reduce their balance below the maximum by June 30, 2013, they shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.
The maximum number of vacation hours that employees on a forty (40) - hour workweek shall accrue is as follows:
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
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Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.
(c) Vacation Allowance for Separated Employees. An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation hours 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.
(d) Vacation Sellback. Effective for fiscal year 2025/2026 only, an employee may elect to receive cash payment for up to a maximum of eighty (80) hours of their accumulated vacation balance after the use of a vacation of forty (40) hours or more. Employees must maintain a minimum of forty (40) hours. The employee must elect the amount of cash out by December 31, 2025, for a payment window of January 1, 2026, through June 30, 2026.
The cash out election is irrevocable, and the City will follow IRS regulations regarding cash payment of leave.
9.2 Sick Leave
(a) Accrual . All employees, except provisional, temporary , and part -time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All employees, except provisional, temporary , and part-time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of sick leave hours accrued.
An employee may use sick leave for preventive medical, dental, optical care, illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual EXHIBIT 1
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accrued sick leave to attend to case s of illness or injury in the employee's immediate family, except in instances where the employee is on approved Family Medical Leave Act ( FMLA) or California Family Rights Act ( CFRA) leave.
For the purpose of this section, immediate family is defined as the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, legal dependent, grandparent, grandchild, and “designated person.” For the 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.
(d) Procedures for Requesting and Approving Sick Leave . When the requirement for sick leave is known to the employee in advance of the ir absence, the employee shall request authorization for such sick leave from the department head prior to such absence. In all other instances, the employee shall notify their supervisor as promptly as possible of their absence.
Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to their department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for their request to be evaluated.
If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head.
(e) Doctor's Certificate or Other Proof . If an employee's illness results in an absence from work for more than three (3) consecutive days, then a doctor's certificate or other reasonable proof of illness will be required by the depart- ment head.
The Police Chief may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(f) Use of Sick Leave while on Vacation . An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation EXHIBIT 1
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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. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for Cal ifornia Public Employee Retirement System (CalPERS) service credit at retirement based on the PERS contract provisions applicable to their employment.
(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit . After subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at thirty -five percent ( 35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015 , payment of unused sick leave which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
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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 the employee’s accumulated sick leave or vacation leave. The employee shall, upon request, be granted an additional three (3) days bereavement leave which shall be charged against the employee's accumulated sick leave or annual leave. For the purposes of this section, immediate family is defined as the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee 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.
(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional, part -time, or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
Said absence from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt all fees received except those specifically allowed for mileage and expenses. Jury duty or witness duty appearances shall be considered in terms of actual hours spent from arrival time until the time released from Court. If an employee is not due to appear for jury duty or as a witness until afternoon court session, they will be expected to work their usual morning schedule. If an employee is required to appear for morning court session and is released before noon and not required to return to court in the afternoon, they shall work the remainder of their usual afternoon schedule.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
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remitted to the City Treasurer through the employee's department.
Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is not a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of this section.
(c) Court Appearance Pay while in Off Duty Status . When an employee is required by proper authority to appear in court during off -duty hours, said employee shall receive compensation of three (3) hours at time and one- half (1- 1/2) or actual time worked at the appropriate rate , whichever is greater.
(d) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
All regular status employees in the service of the City shall be allowed leave of absence without pay for the duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California.
Said employees shall be reinstated in the service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to mak e a medical examination.
In the case of a probationary employee having served their minimum probationary period of twelve (12) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.
All probationary employees inducted into the Military Service not having served the minimum probationary period of twelve (12) months, or having served the minimum probationary period of twelve (12) months but not having received regular status shall be al lowed 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 EXHIBIT 1
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probationary period before attaining the status of a regular employee.
Two (2) or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
(e) Management Time Leave. The City shall provide forty (40) hours of paid- management time leave each fiscal year. The management time leave of forty (40) hours may not carry over from fiscal year to fiscal year, be used for sell -back purposes, or paid for any unused management leave upon separation of City employment.
9.4 Workers' Compensation Leave
Whenever any member of this unit is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the City, to a leave of absence while so disabled without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year, or until such earlier date as they are retired on permanent disability pension.
If injury is claimed to be job related, or a recurrence of a previous job- related sickness or injury, it must be verified with a written physician's statement, otherwise disability leave will not be allowed. Any absence not approved will be charged to sick leave if verification is not received.
(a) Forms and Procedures . Workers’ Compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work -related injury or illness is required to seek medical care at facilities designated by the City, unless they have filed a pre-designation of personal physician prior to sustaining the work -related injury or illness. The City shall furnish the Association the appropriate form for distribution. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.
9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.
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Unless otherwise provided, the granting of a leave of absence also grants the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted.
The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over leaves of absence exercised by the department head under this section shall be subject to review by the City Manager, whose ruling shall be final. Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.
The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except th ose employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.
Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or illness for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.
9.6 Leave of Absence Without Pay
(a) Purpose and Length. Only employees occupying regular status positions on a permanent basis are eligible for leaves of absence without pay, under the provisions of this section.
An appointing authority may grant leave of absence without pay for personal reasons, up to a maximum of twelve (12) months, with the approval of the Director of Human Resources.
Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
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Such a leave will be granted only after all accrued sick leave have been used and shall be substantiated by a physician's statement.
(b) Application for and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the department head and the City Manager , describing the reasons for the request and all other information required for the department head, or their representative, to evaluate the request. Leaves without pay may be canceled by the department at any time.
9.7 Absence Without Official Leave (AWOL)
(a) Refusal of Leave or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the department or City Manager , or at the expiration of a leave, shall be considered an absence without leave.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton except if the absence is due to a verified illness or injury.
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SECTION 10. DAYS AND HOURS OF WORK
10.1 Workweek
The normal workweek for Police Unit employees is defined as either the traditional workweek consisting of eight ( 8) hours per day, five ( 5) days per week; the alternate 9/80 work schedule consisting of nine (9) hour workdays Monday through Thursday, an eight (8) hour work day on Friday with every other Friday off; or the 4/10 schedule consisting of ten ( 10) hour work days . Where operational requirements of a department require deviations from the present schedule, the Police Chief and/or City Manager may institute alternate work schedules, consistent with provisions of the State Law.
SPMA will meet and confer with the City on any proposed changes in work schedule.
10.2 Meal Periods
Phase shift employees normally receive a one -half (½) hour meal with pay each day.
Other Police Service Management Unit employees will normally receive a one (1) hour meal period without pay.
10.3 Work Furloughs
The existing furlough hours will be placed in a furlough bank. The furlough bank may be carried over from one fiscal year to the next. There shall be no cash value provided for any furlough hours.
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SECTION 11. OVERTIME
11.1 Eligibility
Police Management employees shall not be eligible for overtime for extra hours worked to perform duties of their assigned positions with the following exceptions:
(a) When assigned to cover the shift of another employee in a comparable position.
(b) When assigned to work due to an emergency situation as required by their department.
(c) When assigned to work on special projects, events, and/or critical incidents as required by the department.
(d) For any hours worked as a result of exceptions (a) through (c), extra hours shall only be compensated at overtime rates if that employee works more than forty (40) hours within the same workweek. It is understood that, notwithstanding the additional compensation provided under this section, all employees in the bargaining unit are Fair Labor Standards Act ( FLSA) exempt.
(e) For the purposes of subsection (d), furlough hours taken, holiday hours taken, observed holidays when the City is closed, bereavement leave, jury duty leave, vacation leave, management time leave, and sick leave, shall be considered as time worked. O ther time taken as compensated time off not specifically identified above shall not be considered as time worked.
11.2 Authorization
The Chief of Police must personally approve any overtime pay for Police Management Unit employees.
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SECTION 12. HOLIDAYS
12.1 Holidays Observed by the City
(a) Effective upon the first full pay period following ratification for this MOU by SPMA and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section.
The City observes the following holidays on the dates indicated:
(1) New Year’s Day .............................................................. (January 1) (2) Martin Luther King’s Birthday ................... (Third Monday in January) (3) Lincoln's Birthday .............................. (Second Monday in February) (4) Washington's Birthday............................ (Third Monday in February) (5) Cesar Chavez’ Day..(March 31 - Floating for Non-Patrol Lieutenants) (6) Memorial Day .................................................. (Last Monday in May) (7) Independence Day .................................................................(July 4) (8) Labor Day ............................................ (First Monday in September) (9) Columbus Day...................................... (Second Monday in October) (10) Veteran's Day ............................................................ (November 11) (11) Thanksgiving ................................... (Fourth Thursday in November) (12) Day following Thanksgiving .................. (Fourth Friday in November) (13) Christmas Day........................................................... (December 25) (14) Birthday Holiday
(b) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days , beginning on the day of the employee’s birthday.
(c) For positions that observe holidays, the floating holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours.
Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31).
(d) For employees on a Monday through Friday workweek or a 9/80 work schedule, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the proceeding Friday shall be observed.
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For employees in the Police Department on a ten (10) hour shift schedule, holidays that fall on Saturday or Sunday shall be observed on Saturday or Sunday respectively.
In order to receive holiday pay the employee must be in a paid status the day before and the day after the holiday.
12.2 Holiday Compensation
(a) Captains. Captains shall receive a five percent (5%) holiday in lieu add pay.
This additional compensation is for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays.
When the Police Department administrative offices are closed on a regularly scheduled work day, Captains shall use the appropriate number of hours from their personal leave time to take the day off. However, at the sole discretion of the Chief or designee, Captains may be scheduled to work on a day when the Police Department administrative offices are closed. In the event a Captain is scheduled to work on a day when the Police Department administrative offices are closed, they will not be required to use vacation leave and will be paid for actual hours worked at straight time.
(b) Non-Patrol Lieutenants. Non-Patrol Lieutenants who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule and observe City Holidays shall be entitled to take each holiday off with full pay for any one (1) holiday listed in section 12.1 above. Floating holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours.
Employees have not earned and cannot use the floating holiday hours until the actual holiday occurs (March 31).
(c) Patrol Assignments. Police Lieutenants assigned to the traditional 10- plan Field Ope rations/Patrol shif t schedule shall receive a five percent ( 5%) holiday in lieu add pay. If Police Lieutenants work on a holiday, actual hours worked will be paid at time and one half (1½) for the work shift.
These members who are permitted to take a holiday off that falls on a regularly scheduled work day shall use appropriate leave hours equivalent to the number of hours of their scheduled shift.
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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Retirement Contribution Supplement
(a) Public Employees’ Retirement System (PERS) . For classic members, the City shall contribute an amount equal to nine percent (9%) of the employee's current base salary and other compensation as qualified by State law toward PERS benefits. Such amounts will be applied to the employee's individual account in accordance with Government Code section 20691.
(b) PERS Contribution. Classic members shall continue to pay nine percent (9%) toward the employer contribution of PERS. This section shall not be construed to permit employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 13.1(d).
Effective July 1, 2016, all employees (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, classic members will pay a total of twelve percent ( 12%) ( nine percent ( 9%) plus three percent ( 3%)). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
(c) As soon as practicable, the City will modify its contract with CalPERS to provide for a twelve percent (12%) additional member contribution over and above normal contribution for classic members and a three percent ( 3%) additional member contribution over and above normal contribution for PEPRA members. Upon completion of the contract amendment process (including employee vote), the additional payment in section 13.1(b) shall cease.
(d) Employer Paid Member Contribution Converted to Pay Rate During the Final Compensation Period. The City will make application to PERS to provide California Government Code S ection 20692 (Employer Paid Member Contributions Converted to Pay R ate during the Final Compensation Period) as an additional PERS benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.
At the beginning of employee’s last year of employment, the employee will pay their employees’ nine percent (9%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same nine percent (9%) for the last twelve (12) months EXHIBIT 1
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of employment. The Internal Revenue Service (IRS) Code 414H(2), whereby employee contributions shall be tax deferred (not subject to taxation until time of constructive receipt) will be concurrently implemented with PERS California Government Code Section 20692.
(e) Military Service Credit. The City will provide military service credit pursuant to the provisions of California Government Code S ection 21024, formerly Section 20930.3 at the employee's expense.
(f) Credit for Unused Sick Leave. The City will provide PERS California Government Code Section 20965 (Credit for Unused Sick Leave) as added PERS benefits.
(g) Fourth Level of 1959 Survivor Benefits. The City provides PERS California Government Code Section 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the added PERS Administrative Board.
(h) Service Retirement Plan Formula for Employees Hired on or before July 1, 2012. The City’s service retirement contract with PERS for safety members of this unit hired on or before July 1, 2012, is 3% @ age 50.
(i) Service Retirement Plan Formula for Unit Employees Hired on or after August 16, 2013. The City contracted with PERS to provide a new second tier retirement program for persons hired on or after August 16, 2013, and employees hired after that date will receive only those optional benefits as provided for in that tier. Such employees shall pay nine percent (9%) of the employees’ current base salary towards the employee’s contribution towards PERS and any other compensation as qualified by state law towards PERS retirement benefits through a payroll deduction. (j) PERS Benefits for Employees hired on or after January 1, 2013.
(1) Employees with Reciprocity. Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six ( 6) months and are consider ed classic employees by PERS AB340, shall be subject to the PERS pension formula of 3% @ 50 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of nine percent (9%).
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(2) Employees without Reciprocity. Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pen sion formula of
2.7% @ 57 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under.
Employees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% @ 57 as determined by CalPERS.
13.2 Uniform Allowance
Employees in this unit shall receive as annual compensation, a uniform allowance in the amount of one thousand and two hundred dollars ($1,200.00).
One-half
(1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.
13.3 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle, an employee in this unit will be reimbursed for actual mileage at the current rate established for other employees.
13.4 Police Vehicles
Members of SPMA shall be assigned a police vehicle due to the need for emergency response and command status at all times. This vehicle shall be taken home at night, with the manager maintaining radio contact and monitoring radio traffic until parked. The take- home radius shall be the same distance as the alternative work site radius (sixty (60) miles for out-of-town training) measured from the central point of the City.
13.5 Communication Devices
Members of SPMA shall be provided a communication device that will work as a cell phone, connect to the internet, and have the ability for two- way and group electronic communication with other Police Management, the communication center, and other emergency management personnel throughout the City in an appropriately encrypted manner.
13.6 Certificate Incentive Pay
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who attain a Peace Officer Standards and Training (P.O.S.T.) Supervisory Certificate.
(b) The City shall pay an additional five percent ( 5%) for a total of eleven percent (11%) of top salary step in rank for employees who attain a P.O.S.T.
Management Certificate or higher, upon completion of two (2) continuous years of service in rank and upon completion of a management course.
13.7 Longevity Increment Pay
(a) Effective July 1, 2012, the longevity increment shall be effective the first pay period following the anniversary date of hire of the employee as follows:
(1) The City shall pay three-quarters of one percent (.75%) of top salary step in rank for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(2) The City shall pay an additional one and three- quarters percent (1.75%) for a total of two and one- half percent ( 2.5%), upon completion of eighteen (18) years of continuous service as a public safety member of the Stockton Police Department.
(3) The City shall pay an additional two percent (2%) for a total of four and one- half percent (4.5%), upon completion of twenty -four (24) years of continuous service as a public safety member of the Stockton Police Department.
(4) Members of the bargaining unit promoting from the Stockton Police Officers’ Association (S POA) bargaining unit will be placed at the level of longevity appropriate to their years of service.
(5) For the limited purpose of defining continuous service under this section of the MOU, continuous service shall include leaves without pay for less than one (1) year as long as the public safety officer did not withdraw their contribution from PERS.
13.8 CalPERS Reportability
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service time provided under this MOU is outside of the City’s control.
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SECTION 14. INSURANCE PLANS
14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).
14.1 Health Insurance and Related Benefits
(a) Health and Welfare Benefits . Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any City sponsored health plan that the City shall offer to regular status employees.
Each plan shall offer an e mployee only, e mployee plus one (1) and employee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for m edical, dental, and vision insurance on the first day of the month following date of hire . An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Toward the Cost of Insurance Programs.
(1) Effective January 1, 2026, the City shall contribute the following:
a. U p to $814 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. U p to $ 1,477 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. U p to $ 1,968 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
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medical/dental/vision plan coverage.
(2) These contributions are based on full -time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, vision, and dental to be pre-tax premium conversion.
(d) Plan Rules.
Employees may insure themselves and their eligible
dependents under the medical , vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.
Benefits in the Plan shall be in accordance with the Plan document. (e) The City will keep SPMA informed as to changes to actuarial methods employed by its actuary which materially affect the rates, and permit the opportunity for SPMA to discuss such changes. SPMA will meet and confer with the City mid-term regarding further plan changes.
(f) If legally permissible, the City agrees to make Medicare contributions for employees hired in 1985 to 1986 who are not currently covered by Medicare, provided that such payments shall be on a going forward basis only, and such unit members shall be required to pay the employee matching contribution to Medicare. To the extent legally permissible, Unit members may contribute to Medicare to purchase credit retroactively provided such unit members do so at their own expense, including both the employee and employer sh are. The City entered into a Section 218 Medicare-Only Agreement with the Social Security Administration for this purpose, with an effective date of August 1, 2014.
14.2 Life Insurance
Each employee in this unit will receive group life insurance coverage paid for by the City of Stockton equal to a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their Association or through the City’s IRS 125 Plan vendor.
14.3 Long Term Disability Insurance
The City will contribute the existing premium amount (currently twenty-four dollars and fifty cents ($24.50) per month) for each employee in this unit to purchase long term disability benefits through their association.
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SECTION 15. SALARY PLAN
15.1 Salary
(a) Cost of Living Adjustment (COLA)
Effective September 1, 2025, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.
(b) Lump Sum Payment
Employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, will receive a lump sum payment equal to the two percent (2%) COLA from July 1, 2025 through August 31, 2025, to be paid as soon as administratively possible.
15.2 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full -time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.3 Salary Step After Military Leave
All employees who have been granted military leave, upon their return to the City service, are entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
15.4 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.
15.5 Salary Step After Promotion or Demotion
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When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5%) above the employee’s current base salary, except that the next step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.
For employees promoting from the Police Sergeant classification into the Police Lieutenant classification, the minimum salary step placement for the promotion shall be step 4. Effective September 1, 2025, all Police Lieutenants who are not already at Step 4 will be moved to Step 4 of the salary schedule.
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.
15.6 Salary on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation unless there has been an increase within the salary range.
15.7 Acting Pay
Any employee who is assigned, in writing, to work in a higher paid classification and who performs a majority of the duties of that higher position, shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
15.8 Special Assignment Pay
The City Manager may approve additional compensation in an amount up to but not to exceed ninety percent (90%) of the department head’s salary when an employee is assigned, in writing, by the department head and with the approval of the City Manager, to perform additional duties and responsibilities for the duration of the special assignment.
15.9 Man
agement Incentive Pay – Special Assignment Differential
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Effective July 1, 2014, due to the unique nature of their job, non-patrol Lieutenants who are not assigned to the traditional 10- plan Field Operations/Patrol shift schedule, and are assigned to schedules that regularly observe holidays off shall receive a Management Incentive Pay/“Special Assignment” differential equal to five percent (5%) of the employee’s current base pay.
While not all -inclusive, examples of these Lieutenant assignments where Management Incentive Pay would apply include non- patrol positions with the Professional Standards Section Commander, Chief of Staff to the Office of C hief of Police, Traffic Section Commander, Strategic Operations Section Commander, Crimes versus Person/Property Section Commander, Special Investigations Section Commander, Personnel Section Commander, Training Section Commander, Ceasefire Section Commander, and Research and Development Commander.
15.10 S
alary Step Advancement
Unit members will be required to serve six (6) months at each applicable salary step before advancing to the next step.
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SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this MOU are declared by the 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.
SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.
SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this MOU 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 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
Upon its adoption by the Stockton City Council, this MOU shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including the 30th day of June 2026.
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SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented thereby agrees to not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action that it deems appropriate.
(c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action as it deems appropriate.
(d) The Association recognizes the duty and obligation of its representatives and members to comply with the provisions toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this MOU.
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SECTION 21. BANKRUPTCY
Stockton Police Management Association (hereinafter “SPMA”), which is defined for the purposes of this section as including without limitation S PMA, bargaining unit members, officials, attorneys, and affiliates, agrees that this MOU shall supersede the terms of all prior MOU , side letters, and any other agreements between the parties as to the subjects covered herein. SPMA further agrees that it has entered into this agreement voluntarily, and that it shall file no claims in the City’s bankruptcy case based upon the terms of any agreements that precede this MOU , or based upon the negotiated terms of this agreement. Nothing herein shall limit claims based up violation of this agreement.
SPMA further agrees that it will not oppose the City’s eligibility for chapter 9 relief. SPMA agrees to support any plan of adjustment the provisions of which, as to SPMA, are consistent with this MOU.
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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 ____________, 2025.
Stockton Police Management Association City of Stockton __________________________________ _______________________________ Timothy Swails William Crew
President Acting City Manager
__________________________________ _______________________________ Bradley Burrell Rosemary Rivas
Vice President Director of Human Resources
Approved as to form: Approved as to form:
Goyette & Associates, Inc. Lori M. Asuncion, City Attorney
By: By:
__________________________________ _______________________________ Rafael Ruano Taryn Jones
Labor Representative for Association Assistant City Attorney
By:
_______________________________
Dania Torres-Wong
Negotiator for the City
ATTEST:
_______________________________
Katherine Roland
City Clerk
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CITY O
F STOCKTON
FIRE
UNIT
MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters' Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for employees in the representation unit identified in s ection 1 of this Memorandum of Understanding (MOU), 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 MOU is entered into pursuant to the Meyers -Milias- Brown Act (MMBA) (Government Code Sections 3500 3511) 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 regarding wages, hours, and other terms and conditions of employment for the period commencing July 1, 2025 and ending on June 30, 2026. This agreement shall supersede all other existing agreements on the matters set forth herein.
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TABLE OF CONTENTS
SECTION 1. RECOGNITION ......................................................................................... 1
1.1 City Recognition ......................................................................................... 1
1.2 Union Recognition ...................................................................................... 1
1.3 Reopener…………………………………………………………………………1
SECTION 2. UNION RIGHTS ........................................................................................ 2
2.1 Union Membership Dues and Payroll Deductions ...................................... 2
2.2 Use of City Facilities .................................................................................. 3
2.3 Advance Notice .......................................................................................... 3
2.4 Attendance At Meetings By Employees/Release Time .............................. 4
2.5 New Hire Employee Orientation and Information Requirements ................ 4 SECTION 3. COMPLIANCE WITH LAWS ...................................................................... 5
3.1 Non-Discrimination/Equal Employment ...................................................... 5
3.2 Concerted Labor Activity ............................................................................ 5 SECTION 4. PROBATION ............................................................................................. 6
4.1 Purpose...................................................................................................... 6
4.2 Original Entrance Positions ........................................................................ 6
4.3 Retention/Rejection of Probationer ............................................................ 6
4.4 Promotional Positions ................................................................................ 6 SECTION 5. LAYOFF..................................................................................................... 7
5.1 Layoff Scope .............................................................................................. 7
5.2 Notice of Layoff .......................................................................................... 7
5.3 Precedence By Employment Status ........................................................... 7
5.4 Em
ployee Options ...................................................................................... 8 SECTION 6. REEMPLOYMENT .................................................................................... 9 SECTION 7. DISCIPLINE…………………………………………………………………….10
SECTION 8. GRIEVANCE PROCEDURES ................................................................. 11
8.1 Definition .................................................................................................. 11 EXHIBIT 2
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8.2 Filing Deadline ......................................................................................... 11
8.3 Grievance Processing .............................................................................. 11
8.4 Scope of Arbitration ................................................................................. 12
8.5 Other Provisions ...................................................................................... 12 SECTION 9. LEAVES................................................................................................... 14
9.1 Vacation Leave ........................................................................................ 14
9.2 Sick Leave ............................................................................................... 16
9.3 Other Leaves With Pay ............................................................................ 18
9.4 Workers' Compensation Leave ................................................................ 21
9.5 Leaves of Absence .................................................................................. 22
9.6 Leaves of Absence Without Pay .............................................................. 22
9.7 Absence Without Official Leave (AWOL) ................................................. 23 SECTION 10. DAYS AND HOURS OF WORK ............................................................. 24
10.1 Workweek ................................................................................................ 24
10.2 Shift Trades .............................................................................................. 24
10.3 Staffing ..................................................................................................... 24 SECTION 11. OVERTIME ............................................................................................ 25
11.1 Fair Labor Standards Act (FLSA) Agreement .......................................... 25
11.2 Compensatory Time ................................................................................. 27 SECTION 12. HOLIDAYS ............................................................................................ 28 SECT
ION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE
SALARY ........................................................................................................................ 30
13.1 PERS Benefits for Employees Hired On Or Before 12/28/2012 ............... 30
13.2 PERS Benefits for Employees Hired On Or After 12/29/2012 and Before 01/01/2013 .............................................................................................. 31
13.3 PERS Benefits for Employees Hired On Or After 01/01/2013 ................. 31
13.4 Education Incentive Pay .......................................................................... 32
13.5 HAZ/MAT Assignment ............................................................................. 32
13.6 EMT Certification ..................................................................................... 32 EXHIBIT 2
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13.7 Paramedic Certification ............................................................................ 33
13.8 Uniform Allowance ................................................................................... 33
13.9 Contagious Disease ................................................................................. 34
13.10 Acting Pay .............................................................................................. 34
13.11 Call-Back Pay ......................................................................................... 34
13.12 Fire/Engineer Operator ........................................................................... 34
13.13 Administrative Positions ......................................................................... 34
13.14 Longevity Pay ......................................................................................... 35
13.15 Wellness-Fitness Program ..................................................................... 35
13.16 CalPERS Reportability ........................................................................... 35
13.17 Lapse of Certification .............................................................................. 36 SECTION 14. INSURANCE PLANS .............................................................................. 37
14.0 Reopener Clause For Health Insurance ................................................... 37
14.1 Health Insurance And Related Benefits .................................................... 37
14.2 Life Insurance .......................................................................................... 38
14.3 Long Term Disability Insurance ............................................................... 38
14.4 Retiree Medical Trust .............................................................................. 38 SECTION 15. SALARY PLAN ...................................................................................... 41
15.1 Salary Ranges ......................................................................................... 41
15.2 Salary Upon Appointment ........................................................................ 41
15.3 Salary Equivalents ................................................................................... 41
15.4 Salary Step Plan-Sworn Classifications ................................................... 41
15.5 Salary Step After Military Leave ............................................................... 43
15.6 Salary Step When Salary Range is Increased ......................................... 43
15.7 Salary Step After Promotion or Demotion ................................................ 43
15.8 Salary on Reinstatement .......................................................................... 43
15.9 Salary Adjustments .................................................................................. 44
15.10 Lump Sum Payment ............................................................................. 43 SECTION 16. SEPARABILITY OF PROVISIONS ......................................................... 44 EXHIBIT 2
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SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING .. 44 SECTION 18. SCOPE OF AGREEMENT ..................................................................... 44 SECTION 19. DURATION OF AGREEMENT ............................................................... 44 SECTION 20. MAINTENANCE OF OPERATIONS ....................................................... 45 APPENDIX A. City Of Stockton's New Medical Response Squad ................................. 46
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SECTION 1. RECOGNITION
1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer-employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.
1.2 Union Recognition
The Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, hereafter referred to as the "Union," is the recognized employee organization for the Firefighters' Unit (“Fire Unit”), certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.
1.3 Reopener
No later than November 1, 2025, the City will provide the Union with an update on its economic status and whether the City has identified additional ongoing revenue that may be used to fund compensation increases for the Fire Unit. If additional ongoing revenue is identified, the parties will meet as soon as practicable to negotiate additional compensation items to be provided to Fire Unit employees during the term of this MOU.
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SECTION 2. UNION RIGHTS
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with Senate Bill (SB) 866, the parties agree to the following process for making, canceling, or changing payroll deductions for Union membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the Union.
(1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notifications will be provided to [email protected].
(8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period EXHIBIT 2
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processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 Use of City Facilities
The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department.
Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting d epartment employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non -duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and when made shall continue until revoked by the Fire Chief.
City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
Members of the Union are prohibited from using City equipment and/or time for their personal use.
2.3 Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.
In cases of emergency that constitute an imminent threat to the City’s financial and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to EXHIBIT 2
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the content of said notice with the management representatives designated by the City Manager.
2.4 Attendance at Meetings By Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.
2.5 New Hire Employee Orientation and Information Requirements (a) 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 one-hundred and twenty (120) days for all bargaining unit members.
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SECTION 3. COMPLIANCE WITH LAWS
3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by F ederal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.
3.2 Concerted Labor Activity
(a) Employees covered by this MOU will have the right to join and to participate in the activities of the Union for purposes of representation under the MMBA and will also have the right to refrain from participation of any such activities.
(b) Employees covered by this MOU have the right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal for protected concerted labor activity, under the MMBA.
(c) Peaceful Performance of Memorandum of Understanding. Employees are free from participating in protected activities or refraining from protected activities.
Employees covered in this MOU shall not engage in concerted activity in violation of the MMBA.
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SECTION 4. PROBATION
4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to their position, and for eliminating any probationary employee whose performance does not meet the required standards of work.
4.2 Original Entrance Positions
All original entrance sworn positions shall be subject to a probationary period of eighteen (18) months. The probationary period for entrance sworn positions shall not be extended.
4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to t he appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee is desired. During the probationary period , an employee may be rejected at any time by the appointing authority.
4.4 Promotional Positions
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.
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SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of their position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.
5.1 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire Department
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.3 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories, as listed in ascending order:
(a) Extra help or seasonal
(b) Provisional
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(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class with the employee having the least amount of time served in the class to be laid off first. For the purpose of this procedure, part time classes shall be considered as separate from and shall be laid off prior to regular full time classes. The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a regular status or probationary status shall count as service time.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.
5.4 Employee Options
Employees laid off shall have the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in that classification who has the least (total service) seniority.
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CITY OF STOCKTON 9
SECTION 6. REEMPLOYMENT
When an employee in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list.
As provided below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur. (a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2) years from the date of separation due to the layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection (b) are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.
The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have their name removed from the reemployment list, unless mutually agreed to by the department and employee.
If the above listed changes require Civil Service approval, the Union agrees to not object to the changes in duration of reemployment lists consistent with this section.
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CITY OF STOCKTON 10
SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.
The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in section 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.
If the employee fails to do (b) or (c) above, within the prescribed time frames, those rights will have been waived.
Lesser forms of disciplinary actions such as written reprimands and transfers for purposes of punishment that do not involve loss of pay may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FBOR) Informal Discipline Appeal Procedure.”
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SECTION 8. GRIEVANCE PROCEDURES
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) business days of the time the affected employee received written notification of such action.
For purposes of this section, “business day” shall mean a day in which the Human Resources Department is open for business to the public.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the department within seven (7) working days from the day of presentation, or if the employee elects to submit the grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
(b) Step 2 - Director of Human Resources Review. Any employee or official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a EXHIBIT 2
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statement of the resolution desired. The City Manager shall designate a representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision . Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in section 8.1, above.
Proposals to add to or change this M OU 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. The arbitrator selected pursuant to this s ection shall not have the power to amend or modify this M OU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No changes in this M OU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.
8.5 Other Provisions
If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the arbitrator finds that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.
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All complaints alleging that the City is not compensating employees in accordance with the provisions of this M OU shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and if not detailed in the 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.
The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter, or Civil Service Rules and Regulations may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations require that another option be available to the employee, no action under section 8.3(d) , above, shall be taken unless it is determined that the employee is not utilizing such option.
No action under section 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.
If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
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SECTION 9. LEAVES
9.1 Vacation Leave
(a) Accrued Vacation Allowance. All employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:
(1) 40-hour workweek employee:
Under 1.5 years 80 hours
1.5 – 7.5 years 108 hours
7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) 56-hour workweek employee:
Under 1.5 years 120 hours
1.5 – 7.5 years 162 hours
7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
(b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances.
Employees shall accrue vacation on a per pay period basis. (1) The maximum number of vacation hours that employees on a 40- hour workweek shall accrue are as follows:
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
(2) The maximum number of vacation hours that employees on a 56- hour workweek shall accrue are as follows:
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Under 1.5 years 300 hours
1.5 – 7.5 years 360 hours
7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) Longevity Vacation Allowance
(1) This program is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011, will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) Annual longevity vacation allowance accrual credited on January 1, 2011, shall be reduced by fifty percent (50%).
(d) Scheduling
(1) 48/96 Shift Schedule. The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with their management responsibility to control and direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of accrued vacation leave must be scheduled per year. The four (4) shift minimum is not required to be scheduled contiguously.
b. Any accrued v acation leave that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
(e) Vacation Allowance for Separated Employees.
Employees separating from City service for any reason who have unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation hours shall be made at the final rate of pay. Payment for the unused vacation hours EXHIBIT 2
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shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
(f) Vacation Allowance Sellback
Effective for fiscal year 2025/2026 only, employees may elect to sell back up to a maximum of eighty (80) hours from their unused accumulated vacation balance and/or frozen longevity vacation allowance (if applicable) , after the use of a scheduled vacation of forty (40) 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
st of 2025, for a payment window of January 1, 2026, through June 30, 2026. The cash out election is irrevocable, and the City will follow IRS regulations regarding cash payment of leave.
9.2 Sick Leave
(a) Accrual . All regular status employees on a forty (40) hour workweek schedule, except provisional, temporary, and part -time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees on a fifty -six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accumulate from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absenc e without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.
An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's EXHIBIT 2
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immediate family, except in instances where the employee is on approved Family Medical Leave Act (FMLA) or C alifornia Family Rights Act (CFRA) leave.
Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother -in-law, father -in-law, child, stepchild, legal dependent, brother, sister, brother -in-law, sister -in-law, grandparent, grandchild, and “designated person. ” For the 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. (d) Procedures for Requesting and Approving Sick Leave . The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request in writing authorization for such sick leave from the Fire Chief or their designee prior to such absence.
Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to the Fire Chief or their designee a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief or their designee.
(e) Doctor's Certificate or Other Proof . If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's certificate or other reasonable proof of illness may be required by the Fire Chief.
The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to e nsure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave provided that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or EXHIBIT 2
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(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Accessibility and Reporting. All employees of the department on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee. Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.
All employees of the department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office. (h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period. Sick leave may be granted for any period of time approved by the Fire Chief. (i) Payment for Unused Sick Leave for Unit Employees . Effective February 17, 2012, except as set forth below all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for California Public Employees’ Retirement System (CalPERS) service credit at retirement based on the CalPERS contract provisions applicable to their employment.
(j) CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012, shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credi t, in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
(k) Sick Leave Retention Benefit . After subtracting the equivalent of one (1) full year of service credit two thousand and eighty (2080 hours), which may be applied to C alPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value.
9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the employee’s immediate family, the employee shall, upon request, be granted up to three (3) days of EXHIBIT 2
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paid bereavement leave. A “day” shall be the number of hours an employee is normally scheduled to work during each day (e.g., 8, 10, 24 hours).
Employees shall, upon request, be granted an additional two (2) days of bereavement leave which shall be charged against the employee's accumulated sick leave or vacation leave. For the purposes of this section , “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother -in-law, father -in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee, as defined above, the Fire Chief or designee may grant up to three (3) days of leave upon request, which shall be charged against the employee's accumulated sick leave or vacation leave.
(b) Court Appearance. Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) Attendance at court or at a deposition while in an on- duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time necessarily involved, shall be considered and paid as hours worked.
(3) Other absences from duty for attendance at court or at depositions shall be without pay.
(4) On-duty employees shall return to work immediately upon release from court.
(5) Attendance at court or at a deposition while in an off -duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time, where such travel is to a location outside of San Joaquin County, EXHIBIT 2
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shall be considered in terms of actual hours spent performing those duties and paid as hours worked.
(6) For the purpose of computing any travel time to be reimbursed by the City in accordance with this section for attendance at court or at a deposition while in an off-duty status, such travel time shall be deemed to commence from the San Joaquin County Courthouse.
(c) Maternity Leave . Time off of work for pregnancy, childbirth, and related medical conditions will be covered as required by State and F ederal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case.
(d) Military Leave. An employee who is a member of the National Guard, Naval Militia, Reserve Corps , or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
All regular status employees who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency. Except as hereafter stated, said employees shall be reinstated into City service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary status employee having served their minimum probationary period of eighteen (18) months at the time of induction, it shall be optional with the Fire Chief and the City Manager to grant regular status to said employee before induction.
All probationary status employees inducted into Military Service not having served the minimum probationary period of eighteen (18) months or having served the minimum probationary period of eighteen (18) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency. Following such leave, said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit, as above specified, and shall serve the balance of their probationary period before attaining regular status.
Two (2) or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their EXHIBIT 2
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seniority of employment, provided they are physically fit, as above specified.
9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the City, to leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as they are retired on permanent disability pension.
If the injury is claimed to be job- related or a recurrence of a previous job- related sickness or injury, it must be verified with a written physician's statement. Otherwise, disability leave will not be allowed. Any absence not approved will be charged to sick leave if verification is not received within three (3) days of the initial absence. The company officer should originate a "Supervisor's Report of Accident" form (Form 78). (a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(b) Accessibility and Reporting . All employees of the department on leave for injury (job-related or non-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s).
Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.
All employees of the department on leave for injury (job- related or non-job- related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period.
(d) Forms and Procedures. Workers’ Compensation processing shall be consistent with City procedures and in accordance with S tate 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 EXHIBIT 2
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sustaining the work -related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.
9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.
Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.
The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence.
Authorized absences without pay that exceed thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.
9.6 Leaves of Absence Without Pay
(a) Purpose and Length. Only employees occupying positions on a regular status basis are eligible for leaves of absence without pay under the provisions of this section.
An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.
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the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
Such a leave will be granted only after all accrued sick leave has been used and shall be substantiated by a physician's statement.
(b) Application For and Approval of Leaves of Absence Without Pay . In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief o r the Fire Chief’s representative to evaluate the request. Leaves of absence without pay may be canceled by the Fire Department at any time.
9.7 Absence Without Official Leave (AWOL)
(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the d epartment or City Manager or at the expiration of a leave shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.
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SECTION 10. DAYS AND HOURS OF WORK
10.1 Workweek
The regularly scheduled workweek for each member of the Fire Unit assigned to fire suppression duties shall average fifty six (56) hours over a twelve (12) week period.
The regularly scheduled workweek for each member of the Fire Unit assigned to work in the Department’s administrative offices, the Fire Prevention Bureau, or the Division of Training shall be forty (40) hours. Other work periods may be declared by the Fire Chief for some or all members of the Fire Unit when dictated by operational requirements of the Fire Department.
All working shifts will commence at 0800 hours, with the exception of the employees assigned to work in the Fire Administration Office, Fire Prevention Bureau, and Division of Training, whose hours shall be determined by the Fire Chief.
10.2 Shift Trades
Fire Unit employees will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief or the Fire Chief’s designee in accordance with Article J, Section 2 of the Fire Department Procedures Manual, which provides for Fire Unit employees to have up to a maximum of nine (9) uncompleted shift trades at any one time and that the period during which shifts are to be traded and paid back shall not exceed twelve (12) months.
Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.
10.3 Staffing
The City has management rights to determine staffing and the City will comply with applicable California Occupational Safety and Health Act (CalOSHA) laws.
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SECTION 11. OVERTIME
11.1 Fair Labor Standards Act (FLSA) Agreement
(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
(b) “Day shift employees” means Fire Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/ 8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). “Day shift employees” also includes firefighters and fire recruits assigned to the fire training academy.
(c) 24-hour Shift Employees.
(1) E mployees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of their eight (8) regularly scheduled shifts within the twenty-four (24) day work period.
(2) Premium FLSA Pay . Fire unit employees on a 7(k) exemption work schedule currently receive two point nine two ( 2.92) hours per pay period (26 pay periods) for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of one hundred and eighty -two (182) and one hundred and ninety -two (192) hours in a twenty-four (24) day work period.
(d) For day shift employees, overtime shall be paid at the rate of time and one half (1-½) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Bereavement leave, jury duty leave, industrial illness or injury leave (4850) taken within the work period when 4850 leave begins or ends, vacation leave taken within the work period, and sick leave shall also count as actual time worked. O ther time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in a dministrative assignments where holidays are observed only.
(f) The regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee” as defined by the FLSA.
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(g) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment.
(h) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule co nflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative.
(i) Classification for Classification Relief. In providing relief, Fire Unit employees may work in a classification lower than the classification which they currently hold but may not provide relief by working in a classification above their current classification, except in extraordinary circumstances.
(j) Continuing Education for Paramedics. Upon prior approval of the Fire Chief the City will compensate members of the Fire Unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty -four (24) hours or less in a two ( 2) year certification period.
(k) Conflict Resolution. The City and the Union will cooperate with each other to promptly resolve any disagreement that may arise during the term of this MOU regarding compliance with the FLSA. Any dispute involving the interpretation or application of the FLSA may be referred to the City Manager by the complaining party or by the Director of Human Resources. Such referral will be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager will designate a representative, who shall not be the Director of Human Resources , to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides.
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(l) Calculation of Pay While in Fire Academy. While enrolled in the Fire Academy, newly appointed firefighters shall have their pay calculated on a (forty) 40-hour workweek and overtime shall be paid in accordance with section 11.1(d) above (this will not include FLSA pay based on a (fifty -six) 56-hour workweek as a Paramedic add pay be due).
11.2 Compensatory Time
(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or in excess of their normal work schedule.
(b) Use. Such Compensatory Time must be taken during the same work period in which it is earned in accordance with s ection 11.1 above. The accrual of Compensatory Time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that they are unable to take accrued C ompensatory Time during the same work period in whi ch it is earned, pay for such time shall be provided at straight time or time and one half (1-½ ) depending upon the number of hours worked by the employee during the work period consistent with section 11.1 above.
(c) Department Policy. Compensatory T ime for sworn (forty) 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.
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SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this M OU by the Fire Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section. The City observes the following holidays on the dates indicated:
(1) New Year’s Day ......................................................................... (January 1) (2) Martin Luther King’s Birthday ............................. (Third Monday in January) (3) Lincoln’s Birthday .......................................... (Second Monday in February) (4) Washington’s Birthday ...................................... (Third Monday in February) (5) Cesar Chavez Day ...................................................... (March 31 - Floating) (6) Memorial Day ............................................................. (Last Monday in May) (7) Independence Day ........................................................................... (July 4) (8) Labor Day ....................................................... (First Monday in September) (9) Columbus Day ............................................... (Second Monday in October) (10) Veterans’ Day ...................................................................... (November 11) (11) Thanksgiving .............................................. (Fourth Thursday in November) (12) The day following Thanksgiving ...................... (Fourth Friday in November) (13) Christmas Day ..................................................................... (December 25) (14) Birthday Holiday
(b) Effective July 1, 2021, 0.41% was added to the suppression classifications on the salary schedule for the birthday holiday.
(c) Effective August 1, 2011, the differential for Administrative Captain and other administrative positions in sections 13.12 and 13.14 was increased by 6.34%. (d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.
For positions that observe holidays, the floating holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). (e) For positions that observe holidays, in order to receive h oliday pay the employee must be in a paid status the day before and the day after the holiday. (f) Birthday Holiday Leave. For positions that observe holidays, the department head , with due consideration for the wishes of the employee, may authorize the birthday EXHIBIT 2
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holiday to be taken within sixty (60) calendar days beginning on the day of the employee’s birthday.
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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the CalPERS 3% @ 50 local safety pension formula based on the single highest year.
(b) Additional CalPERS Benefits.
(1) The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to two thousand and eighty (2,080) hours (Government Code Section 20965), Survivor Benefit Level 4 (Government Code S ection 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code Section 21635), Continuation of Death Benefits After Remarriage (Government Code Section 21551), and Military Service Credit as Public Service and for Retired Persons at the employees’ expense (Government Code Sections 21024 and 21027).
(2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this MOU.
(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compe nsation as determined by state law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code Section 20691.
(d) EPMC Payrate Conversion. The City will cease paying the nin e percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays their nine percent (9%) employee contribution on a pre- tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code section 20692. Instead of applying these S ection 20692 provisions each pay period, employees may select the option for a one -time retroactive application at the time of their retirement for the entire twelve (12) month period prior to the effective date of retirement. Employees who wish to select this option, shall indicate this on the City’s EPMC Authorization form provided by Human EXHIBIT 2
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Resources.
(e) CalPERS 20516 Cost Sharing for the Employer’s Pick U p of the Employee’s Nine Percent ( 9%) CalPERS Contribution. Employees hired on or before December 28, 201 2 agree to continue sharing the cost of the CalPERS 3%@50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pen sion on a pre- tax basis. If Cal PERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than nine percent ( 9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that t he City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process th rough a payroll d eduction. If legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employee’s share of retirement contribution, thus reducing or eliminating EPMC, the parties agree that as soon as administratively possib le, consistent with CalPERS regulations, to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.
13.2 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012, and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013, who qualify as “classic” members, with th e CalPERS 3% @ 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pre-tax basis toward the employee contribution for the pension benefit and are not subject to the Government Code S ection 20516 Cost Sharing provision in section
13.1 (e) above.
13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013, without reciprocity (i.e., “new” members) the CalPERS 2.7% @ 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.
Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal” cost as determined by CalPERS on a pre- tax basis for the pension benefit EXHIBIT 2
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and are not subject to the Government Code Section 20516 cost sharing provision in section 13.1 (e) above.
13.4 E ducation Incentive Pay
(a) Employees who satisfy the educational and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of the classification for sworn Fire Unit employees.
(b) Employees who satisfy the educational and service requirements for an advanced education certification shall receive five percent (5%) of the top step of the classification for sworn Fire Unit employees.
13.5 HAZ/MAT Assignment
The City shall pay five percent (5%) of the top step of the classification for sworn Fire Unit employees actively assigned to the HAZ/MAT response team. This section applies to a total certified and assigned complement of twenty -one (21) employees.
The Fire Chief or their designee shall ensure that employees with HAZ/MAT certification are assigned to back fill vacancies on the HAZ/MAT response team due to events such as vacation or sick leave and that such employees receive the five percent (5%) temporary add pay while working the vacant assignment.
13.6 Emergency Medical Technician (EMT) Certification
It is the policy of the Stockton Fire Department that all sworn employees assigned to line fire suppression activities and working in the classification of Battalion Chief and below shall maintain a current San Joaquin County EMT certification or face disciplinary procedures detailed below.
Each member shall secure EMT certification within one (1) year of commencement of employment and maintain that certification throughout their career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (EAR) training and certification by the Department’s Division of Training prior to being placed on line.
All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member fails to re-certify after one (1) attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re- certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt or EXHIBIT 2
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the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non -EMT member will be provided EAR training and certification by the Division of Training prior to assignment to line fire suppression activities.
Members whose certification lapses shall have eighteen (18) months to complete an EMT re-certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one (1) pay grade until EMT re-certification is achieved.
A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination.
Any disputes that result from this agreement shall be handled in accordance with the current MOU grievance procedures.
13.7 Paramedic Certification
(a) The City shall pay Fire Unit employees who are assigned to Paramedic duties and possess a valid Paramedic certificate as follows:
(1) Paramedic Firefighter Step I: Six percent (6%) above top step of current applicable classification.
(2) Paramedic Firefighter Step III: Eight and one-half percent (8.5%) above top step of current applicable classification.
(3) Paramedic Firefighter Step V: Nine percent (9%) above top step of current applicable classification.
(4) Paramedic Engineer: Six percent (6%) above Engineer top step.
(5) Paramedic Fire Captain: Six percent (6%) above Fire Captain top step.
13.8 Uniform Allowance
Employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950 .00). One -half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.
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13.9 Contagious Disease
The City shall make available, at no cost to the employee, screenings for all strains of hepatitis, hepatitis B vaccinations, and shall monitor employees’ exposure to tuberculosis.
13.10 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
13.11 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after they have worked a scheduled shift and have departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½) of their regular rate of pay for time worked, whichever is greater.
The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis.
13.12 Firefighter/Engineer Operator
Employees assigned as Firefighter /Engineer Operators shall be paid five percent (5%) above the Engineer top step.
13.13 Administrative Positions
(a) Administrative Captain. Employees assigned as Administrative Captains shall receive additional compensation equal to nineteen point six seven percent (19.67%) of their regular rate of pay. The 19.67% includes the six point three four percent (6.34%) referenced in section 12(c) of this MOU. Note: The FLSA rate was 3.33% so this rate is not increasing.
(b) Administrative Firefighter. Fire Unit employees assigned as an Administrative Firefighter shall receive compensation equal to fourteen point six seven percent (14.67%) of top step of the Administrative Firefighter classification.
The 14.67% includes the six point three four percent (6.34%) referenced in section 12(c) of this MOU. Fire Unit employees assigned as an Administrative EXHIBIT 2
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Firefighter will receive pay increases of two and one- half percent (2.5%) per year to a maximum of nineteen point six seven percent (19.67%) . Note: The FLSA rate was 3.33% so this rate is not increasing.
(c) Administrative Firefighter/Engineer . Fire Unit employees assigned as an Administrative Firefighter/Engineer shall receive additional compensation equal to fourteen point six seven percent (14.67%) of top step of the Administrative Firefighter/Engineer classification. The 14.67% includes the six point three four percent (6.34%) referenced in section 12(c) of this MOU. Fire Unit employees assigned as an Administrative Firefighter/Engineer will receive pay increases of two and one- half percent (2.5%) per year to a maximum of nineteen point six seven percent (19.67%). Note: The FLSA rate was 3.33%, so this rate is not increasing.
13.14 Longevity Pay
(a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011, who by July 1, 2012 have attained fifteen (15) years of continuous employment wi th the City shall receive an additional one and one quarter percent (1.25%) of top step pay for their classification.
13.15 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint -Labor Management Wellness Fitness Initiative.
(a) Participation in the Wellness-Fitness Program is mandatory for the program’s testing, evaluations, and daily physical training requirements. (b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. (d) The Union and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.
13.16 CalPERS Reportability
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The City makes no representation as to whether any of the compensation or payments in this MOU are subject to CalPERS service credit or pensionable income.
Any determination by CalPERS to not fully credit the compensation and/or service time provided under this MOU is outside of the City’s control.
13.17 Lapse of Certification
An employee receiving an add pay under section 13 of this MOU, whose certification lapses will not be eligible for the add pay and will be subject to reassignment.
Reinstatement of the add pay will commence upon recertification.
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SECTION 14. INSURANCE PLANS
14.0 Reopener Clause for Health Insurance
The Union agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.
14.1 Health Insurance and Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental , and vision plans. Each plan shall offer an Employee only, Employee plus o ne and Employee plus two or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for Medical , Dental, and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Towards the Cost of Insurance Programs. (1) Effective January 1, 2026, the City shall contribute the following:
a. Up to $814 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,477 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. U p to $1,968 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
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premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre- tax premium conversion.
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
14.2 Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.
14.3 Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.
14.4 Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Unit members to be contributed to the Trust.
The Trust shall be and remain separate and apart from any Employer health insurance funding program.
Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a bi -weekly payroll deduction. This contribution amount shall be included in the above-referenced notice to the City. Individuals who attain regular status in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.
To the extent authorized by law, all contributions shall be made on a pre- tax basis.
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The employee assumes full responsibility and liability for tax consequences related to contributions to and/or withdrawals from the Trust. There shall be no employee election or option to take the contribution amount in cash. The Union has the right to alter the amount of salary deduction during the course of this Agreement, on a uniform basis, for all employees covered by the Agreement, subject to approval of its members according to the Union’s bylaws and applicable laws. The Union shall provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.
The City shall not charge the Union or Fire Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Unit members in the Trust.
The Union agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.
The City provides no guarantee to employees regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this contract shall constitute a guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All payments, in the form of employee contributions, to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan. The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in this contract.
The City’s obligation to provide pre- tax deposits would remain subject to Internal Revenue Service (IRS) rules as they may be revised in the future. Should the I RS later determine that these contributions are no longer permissible on a pre-tax basis, the City shall cease deducting such amounts from employee compensation.
Participation in the Trust shall be the complete and sole responsibility of the union.
The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect to the Trust. The City has no fiduciary duty with respect to the Trust.
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SECTION 15. SALARY PLAN
15.1 Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full time employment for each classification, unless the schedule specifically indicates otherwise. The Salary Schedule on the City of Stockton’s Human Resources Site shall provide salary rates for the classifications in the Fire Unit.
15.2 Salary Upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which the employee is appointed. When circumstances warrant, the City Manager may approve an entrance salary that is more than the minimum salary for the class. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.
15.3 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.4 Salary Step Plan-Sworn Classifications
(a) There shall be nine (9) salary steps for the classification of Firefighter. There shall be six (6) salary steps in each range for the classifications of Firefighter/Engineer and Fire Captain.
(b) The first step shall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first step after receiving the recommendation of the department head. The same provisions shall apply to hourly paid and part-time employees.)
(c) If a department head recommends to withhold increases to salary steps two (2) through nine (9) because an employee has not achieved the level of performance required, notice must be received by the City Manager at least EXHIBIT 2
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four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation.
(d) The second step shall be paid upon the employee’s satisfactory completion of the Fire Academy and upon the written recommendation of the department head.
(e) The third step shall be paid upon the satisfactory completion of six (6) months of service at the second step upon the written recommendation of the department head.
(f) The fourth step shall be paid upon the satisfactory completion of six (6) months of service at the third step upon the written recommendation of the department head.
(g) The fifth step shall be paid upon the satisfactory completion of one (1) year of service at the fourth step upon the written recommendation of the department head.
(h) The sixth step shall be paid upon the satisfactory completion of one (1) year of service at the fifth step and written recommendation of the department head. (i) The seventh step shall be paid upon the satisfactory completion of one (1) year of service at the sixth step and upon the written recommendation of the department head.
(j) The eighth step shall be paid upon the satisfactory completion of one (1) year of service at the seventh step and upon the written recommendation of the department head.
(k) The ninth step shall be paid upon the satisfactory completion of six (6) months of service at the eighth step and upon the written recommendation of the department head.
(l) As an exception to the foregoing, employees promoted to the classification of Fire Captain shall be eligible for step increases upon the satisfactory completion of six (6) months’ service in each step of the Fire Captain Salary range. Also, employees holding the classification of Firefighter/Engineer shall be subject to step increase intervals of one (1) year. However, the Firefighter/Engineer classification shall be limited to six (6) salary steps.
Regardless of an employee's length of service, step advancements may be made upon recommendation of the department head, but not above Step No. 6 of the Firefighter/Engineer and Fire Captain Salary ranges, and not above Step No. 9 of the Firefighter salary range.
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(m) Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date. (n) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.
(o) Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.
15.5 Salary Step After Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
15.6 Salary Step When Salary Range is Increased
Whenever the schedule of compensation for a class ification is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.
15.7 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one classification to a position in a higher classification and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher classification , that employee shall be entitled to a step in the salary range of the higher classification which is at least five percent (5%) above the current base pay salary on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher classification. Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary after promotion rules shall apply.
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the classification to which demoted.
15.8 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one EXHIBIT 2
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carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation unless there has been an increase within the salary range.
15.9 Salary Adjustments
(a) Effective September 1, 2025, all bargaining unit classifications will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.
15.10 Lump Sum Payment
Employees who were employed as of July 1, 2025 and who are in paid status as of September 1, 2025, will receive a lump sum payment equal to the two percent (2%) COLA from July 1, 2025 through August 31, 2025, to be paid as soon as administratively possible.
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SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this MOU are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the M OU shall be null and void but such nullification shall not affect any other provisions of this M OU, all of which other provisions shall remain in full force and effect.
SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this 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 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 the meeting and conferring process.
SECTION 19. DURATION OF AGREEMENT
All provisions of this MOU shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including June 30, 2026.
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SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this MOU , through and inclusive of June 30, 2026, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing), against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment. (b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has engaged in any activity prohibited by subsection (a) of this section. In addition, the City may take other action that it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this M OU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.
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APPENDIX A: City of Stockton’s New Medical Response Squad At such time when the department is sufficiently staffed to allow for the staffing of a Medical Response Squad, without incurring additional mandatory overtime within the department , the parties agree to reopen negotiations solely for the purpose of meeting and conferring over any negotiable impacts associated with adding a new Medical Response Squad.
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IN WITNESS WHEREOF this MOU was ratified by a membership vote of the Union on the ______ day of_________, 2025 and by an affirmative vote of the Stockton City Council on _______________. The parties hereto have executed this Memorandum of Understanding this _______day of ___________, 2025.
STOCKTON PROFESSIONAL
FIRE FIGHTERS’ LOCAL UNION 456,
International Association of Fire Fighters City of Stockton ___________________________________ _________________________________
DEVIN ROBSON WILLIAM CREW President Acting City Manager
___________________________________ _________________________________
MICAH MORI ROSEMARY RIVAS
Fire Unit Representative Director of Human Resources
Approved as to form: Approved as to form:
RAINS LUCIA STERN, PC LORI M. ASUNCION, City Attorney
By: By:
________________________________ _________________________________
TIMOTHY TALBOT TARYN JONES
Attorney for the Union Assistant City Attorney
By:
_________________________________
EMILY PRESCOTT
Negotiator for the City
ATTEST:
_________________________________
KATHERINE ROLAND
City Clerk
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CITY OF STOCKTON
FIRE SERVICES MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING
The St
ockton Firefighters’ Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in the representation unit identified in s ection 1 of this Memorandum of Understanding (MOU), 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 MOU is entered into pursuant to the Meyers -Milias-Brown Act (MMBA) (Government Code Sections 3500-3511) 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 regarding wages, hours and other terms and conditions of employment for the period commencing July 1, 20 25, and ending on June 30, 2026. This agreement shall supersede all other existing agreements on the matters set forth herein.
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TABLE OF CONTENTS
SEC
TION 1. RECOGNITION………………………………………………………….……….1
1.1 Ci
ty Recognition……………………………………………………………………1
1.2 Union Recognition…………………………………………………………………1
1.3 Reopener…………………………………………………………………………...1
SECTION 2. UNION SECURITY……………………………………………………….……...2