8.2 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) 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 620
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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.
(c) CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012, 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.
8.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the employee’s immediate family, the employee will be granted up to five (5) days of paid bereavement leave. The City provides paid bereavement leave for the first three (3) days.
A “day” is the number of hours an employee is normally scheduled to work during each day. The employee may use any other paid leave for the remaining two (2) days of bereavement leave. For the purposes of this section, “immediate family” is restricted to the employee’s parents, spouse, registered domestic partner, parent-in-law, child, stepchild, sibling, brotherin-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person that is not an immediate family member, the Fire Chief or designee may grant up to three (3) days of unpaid leave upon request, the employee must use accumulated sick leave or vacation leave.
(b) Jury Duty Pay. Employees will be permitted an 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, including necessary travel time. This includes the time from when the employee is ordered to appear until the time the employee is released from the court.
(2) On-duty employees must return to work immediately upon release from court.
(3) 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, is considered time worked. 621
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8.4 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 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. (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 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 622
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to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.
8.5 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.
8.6 Leave 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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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.
8.7 Absence Without Official Leave (AWOL)
(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the department or City Manager or at the expiration of a leave shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City. 624
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SECTION 9. DAYS AND HOURS OF WORK
9.1 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.
9.2 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.
9.3 Staffing
The City has management rights to determine staffing, and the City will comply with applicable California Occupational Safety and Health Act (CalOSHA) laws. 625
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SECTION 10. OVERTIME
10.1 Overtime Authorization
All compensable overtime must be authorized by the Fire 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.
10.2 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 at the rate of time and one half (1.5) the employee’s regular rate of pay 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 (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 day shift employees, overtime shall be paid at the rate of time and one half (1.5) the employees regular rate of pay for hours worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked includes all actual time worked, plus sick leave, bereavement leave, industrial illness or injury leave (4850), vacation leave, and jury duty.
Holiday hours taken and observed holidays where the City is closed are considered as time worked for employees in administrative assignments where holidays are observed.
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10.3 Compensatory Time
(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to, or in excess of, their normal work schedule. (b) Use. Such Compensatory Time must be taken during the work period in which it is earned and will be credited in accordance with section 11.1 above. The accrual of Compensatory Time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that they are unable to take accrued Compensatory Time during the work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½) depending upon the number of hours worked by the employee during the work period consistent with section 11.1 above.
(c) Department Policy. Compensatory Time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.
10.4 Fair Labor Standards Act
(a) Work Out of Classification. Employees assigned to work overtime in a higher classification than the classification they are appointed will be paid overtime at the hourly rate attached to the 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) Rank-for-Rank Overtime. Employees may work in a classification lower than the classification which they currently hold. Employees will receive their existing wage for their regularly assigned classification for all hours worked, including overtime.
(1) Working Down in Rank
If no qualified employees within the affected rank/classification are available or willing to fill the vacancy, employees in a higher rank/classification may be assigned to fill the vacancy to minimize the use of mandatory overtime within the affected classification. 627
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(2) Mandatory Overtime
If no employees voluntarily accept the overtime assignment, the Department may utilize mandatory overtime within the affected rank/classification, consistent with the provision of the MOU and Department Policy.
(c) 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. 628
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SECTION 11. HOLIDAYS
(a) 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) Memorial Day.............................................................(Last Monday in May) (6) Independence Day............................................................................(July 4) (7) Labor Day .......................................................(First Monday in September) (8) Indigenous Peoples’ Day ................................(Second Monday in October) (9) Veterans’ Day........................................................................(November 11) (10) Thanksgiving.............................................. (Fourth Thursday in November) (11) The day following Thanksgiving...................... (Fourth Friday in November) (12) Christmas Day ..................................................................... (December 25) (b) Except for employees in administrative assignments who observe holidays, employees receive the dollar value of the holidays listed above in lieu of observing holidays.
For positions that observe holidays, floating holidays accrued annually on the first pay period to a maximum of sixteen (16) hours. Upon separation unused floating holiday hours will be paid out at the employee’s current straight time rate of Pay. (c) For positions that observe holidays, to receive holiday pay the employee must be in a paid status the day before and the day after the holiday. 629
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SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
12.1 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 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 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 compensation as determined by State law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code section 20691.
(d) EPMC Payrate Conversion. The City will cease paying the nice percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays their nine percent (9%) employee contribution on a pretax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code Section 20692. Instead of applying these Section 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve (12) month period prior to the effective date of retirement. Employees who wish to select 630
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this option, shall indicate this on the City’s EPMC Authorization form provided by Human Resources.
(e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012, agree to continue sharing the cost of the CalPERS 3% @ 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.
12.2 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% @ 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 cost sharing provision in section 13.1(e) above.
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12.3 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 and are not subject to the Government Code Section 20516 cost sharing provision in section 13.1 (e) above.
12.4 Uniform Allowance
Employees are required to wear a uniform and receive a uniform allowance in the amount of thirty-six dollars and fifty-four cents ($36.54) per pay period.
12.5 Education Incentive Pay
(a) Employees who possessed an intermediate education certification on June 30, 2027, will receive three percent (3.0%) of the top step of their classification.
Employees who possessed an advanced education certification on June 30, 2027, will receive five percent (5.0%) of the top step of their classification. (b) Employees who possess an Associate’s Degree or sixty (60) units from an accredited college will receive Education Pay in the amount of three percent (3.0%) of the top step of their classification.
(c) Employees who possess a Bachelor’s Degree from an accredited college will receive Education Pay in the amount of five percent (5.0%) of the top step of their classification.
(d) Employees can only receive one (1) category under this section for a maximum of five percent (5.0%) Education Pay under this section.
12.6 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 of Battalion Chief and below shall maintain a current San Joaquin County EMT certification or face disciplinary procedures detailed below.
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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 recertification 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 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.
12.7 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. 633
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12.8 Longevity Pay
(a) Employees who have completed five (5) years of paid service with the City receive longevity pay in the amount of two percent (2.0%) of their base rate of pay.
(b) Employees who have completed ten (10) years of paid service with the City receive an additional two percent (2.0%) of their base rate of pay for a total of four percent (4.0%).
(c) Employees who have completed fifteen (15) years of paid service with the City receive an additional two percent (2.0%) of their base rate of pay for a total of six percent (6.0%).
(d) Employees who completed twenty (20) years of paid service with the City receive two percent (2.0%) of their base rate of pay for a total of eight percent (8.0%).
12.9 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.
12.10 Administrative Positions
While assigned to the 40-hour administrative schedule (even if the employee is still on the 24-day FLSA work period) employees will be subject to an hourly pay conversion by multiplying the 56-hour base rate of pay by 1.4 to reach an equivalent pay amount. When the employee is assigned back to their suppression schedule (56-hour work week), their hourly pay will be converted back to the 56-hour rate.
Fire Staff Premium
Fire employees who are routinely and consistently assigned to administrative positions will receive Fire Staff Premium in the amount of fourteen percent (14.0%) of their base rate of pay for being assigned to administrative work during an administrative schedule that differs from fire suppression employees.
12.11 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.
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12.12 Call-Back Pay
Employees 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 will receive a minimum of three (3) hours of call-back at one and one-half (1.5-) times their regular rate.
The above provision does 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.
12.13 Paramedic Certificate Pay
Employees who possess a valid paramedic certificate receive Paramedic Pay in the amount of twelve percent (12.0%) of the top step Engineer base rate of pay.
12.14 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 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.
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12.15 CalPERS Reportability
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 the City’s control.
12.16 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 13. INSURANCE PLANS
13.1 Health Insurance 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) Cityoffered health plan). (c) City Contribution Towards the Cost of Insurance Programs. (1) The City contributes the following:
a. Up to $936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $2,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(2) Effective January 1, 2027, the City contributes the following:
a. Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
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c. Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(3) Effective January 1, 2028, the City contributes the following:
a. Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $2,400.80 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. 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.
13.2 Long Term Disability Insurance
The City provides to each employee seventeen dollars ($17.00) per month in lieu of Long Term Disability Insurance.
13.3 Life Insurance
The City provides each employee group term life insurance coverage in the amount of fifty thousand dollars ($50,000.00). In addition, employees can purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.
13.4 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 638
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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 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. 639
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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 IRS 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.
13.5 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).
13.6 Nothing in this section shall be construed to create vested rights to benefits for employees or retirees after the expiration of this MOU.
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SECTION 14. SALARY PLAN
14.1 Salary Ranges
Wages for all classifications are set forth in the City’s Salary Schedule. The Salary Schedule consists of nine (9) steps with five percent (5.0%) between steps 1 through step 6, and two and a half percent (2.5%) between steps 7 through 9.
Salary Upon Appointment
Employees promoted to the classification of Battalion Chief will receive a five percent (5%) salary increase above their current base rate of pay. Steps 2 through 7 are obtained after completion of six (6) months in the previous step. Steps 8 through 9 are obtained after completion of one (1) year in the previous step.
Salary step increases will 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.
14.2 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 promoted to a step in the salary range of the higher 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 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 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.
14.3 Salary Adjustments
(a) Effective the first full pay period following City Council adoption of the Agreement, but no sooner than June 28, 2026, all classifications will receive a two percent (2.0%) Cost of Living Adjustment (COLA) increase to base pay. 641
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(b) Effective June 27, 2027, all classifications will receive a two percent (2.0%) Cost of Living Adjustment (COLA) increase to base pay.
14.4 Market Adjustments
Effective the first full pay period following City Council adoption of this Agreement, but no sooner than June 28, 2026, all classifications will receive a four percent (4.0%) Market Adjustment increase to base pay.
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SECTION 15. 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 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 16. 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 supersedes all existing Memoranda of Understanding and side letters between the City and the Union.
SECTION 17. 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 18. DURATION OF AGREEMENT
All provisions of this MOU are effective as of the date of execution unless otherwise indicated, and will remain in full force and effect up to and including June 30, 2028.
SECTION 19. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. The Union and each employee represented thereby agrees during the term of this MOU, 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 strike, unfair labor practice strike, or sympathy strike, 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. 643
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(b) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this MOU 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 MOU.
APPENDIX A: ADMINISTRATIVE STIPEND
Battalion Chief’s Lenard Gutierrez, Alex Steinheimer, and Matt Knierim will receive an admin stipend of $90.00 per pay period. Effective July 1, 2027, this pay will be reduced to $60.00 per pay period. Effective July 1, 2028, this pay will be reduced to $30.00 per pay period. This provision will be eliminated on June 30, 2029.
APPENDIX B: RATES OF PAY
Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary schedule for their classification.
Straight Time Rate of Pay: The employees’ Straight Time Rate of Pay includes the employee’s base rate pay plus all percentage’ based add pays.
Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
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IN WITNESS WHEREOF this MOU was ratified by a membership vote of the Union on ________,day of ________, 2026, and by an affirmative vote of the Stockton City Council on ____________, 2026. The parties hereto have executed this Memorandum of Understanding this _______day of ________, 2026.
STOCKTON FIRE FIGHTERS’
LOCAL UNION 456
Fire Services Management Unit City of Stockton
___________________________________
_______________________________
__
DEVIN ROBSON JOHNNY FORD
President, Local 456 City Manager
_________________________________
ALECIA FIGIEROA
Acting Director of Human Resources
Approved as to form: Approved as to form:
RAINS LUCIA STERN, PC
By: By:
________________________________
_______________________________
__
TIMOTHY K. TALBOT MARCI ARREDONDO
Attorney for the Union City Attorney
By:
_______________________________
__
MICHAEL JARVIS
Negotiator for the City
ATTEST:
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_______________________________
__
KATHERINE ROLAND
City Clerk
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Fund Fund Name
COLA &
Health
Increases Additional Steps Vacation Health Total
$3,245,425 $837,920 $574,377 $160,288 $4,818,010 COLA MGT 100 GENERAL FUND 2,669,687 689,273 472,483 131,853 3,963,295 339,523 200 MEASURE W 454,684 117,393 80,470 22,456 675,003 662 220 DEV SVS 45,436 11,731 8,041 2,244 67,452
280 OTH SP REV 75,618 19,524 13,383 3,735 112,260 193
FY 2026-27 Budget Amendment for Fire and Fire Mgt MOU Changes Effective 7/1/2026 EXHIBIT 3
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RANGE VAC COLA MGT RANGE VAC
82,302 179,297 223,096 42,484 117,337
160 349 4,042 770 2,126
47 102 94 18 50
EXHIBIT 3
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City of Stockton
Legislation Text
File #: 26-0738, Version: 1
APPROVAL OF THE UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN AND THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT
ASSOCIATION
RECOMMENDATION
It is recommended that the City Council adopt by resolution the Unrepresented Management / Confidential and Law Employees’ Compensation Plan and the successor Memorandum of Understanding (MOU) for the Stockton Police Management Association effective July 1, 2026 through June 30, 2028.
It is further recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the compensation plan and successor MOU.
Summary
The proposed Unrepresented Employee Compensation Plan establishes compensation and benefit provisions for employees who are not represented by a recognized bargaining unit. The proposed plan includes cleanup language and adjustments to salary ranges and benefit provisions based on organizational needs, and the City’s total compensation philosophy. The plan will remain in effect until amended or superseded by subsequent action of the City Council.
In March 2026, City representatives began negotiations with the Stockton Police Management Association (SPMA) for a successor MOU, as the contract was set to expire on June 30, 2026.
Following a series of bargaining sessions, the City and SPMA successfully reached an agreement on the terms of a successor MOU. The proposed successor MOU includes a two-year term and provides for cost-of-living and market salary adjustments, the addition of salary steps to the bargaining unit salary schedule, and increased City contributions toward health insurance premiums.
The Unrepresented Compensation Plan and successor MOU for SPMA is intended to ensure that the City maintains a competitive compensation structure that supports the recruitment and retention of qualified employees while promoting internal equity and fiscal responsibility.
DISCUSSION
Background
Unrepresented employees serve in key leadership, management, confidential, and professional roles throughout the organization and are not covered by a memorandum of understanding. The City City of Stockton Page 1 of 6 Printed on 7/2/2026
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Council is responsible for establishing compensation and benefits for these positions. The City periodically reviews compensation for unrepresented employees to ensure alignment with labor market conditions, maintain internal equity, and support the City's ability to attract and retain a highly qualified workforce. Staff conducted a review of the existing compensation plan, including an assessment of current salary structures, market competitiveness, and the compensation provisions for represented employee groups.
The SPMA represents management employees within the Police Department. In 2025, the City entered into a one (1) year contract term with SPMA. Under this agreement bargaining unit members received a two percent (2%) cost of living adjustment (COLA) effective September 1, 2025, a 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. Additionally, the City entered into a side letter agreement with SPMA that offers Longevity Pay, effective September 1, 2025 through March 31, 2034, of various percentages for employees with five (5), ten (10), fifteen (15), and twenty (20) years of paid service.
Present Situation
The relevant amendments under the Unrepresented Compensation Plan are summarized as follows:
1. Wage increases for Miscellaneous Employees consisting of a 2% Cost of Living Adjustment (COLA) and 1.5% Market Adjustment effective July 1, 2026, a 2% COLA effective July 1, 2027, and a 2% COLA effective July 1, 2028 (Unrep. Plan Section 13.1).
2. Wage increases for Safety Employees totaling a 2% COLA and 4% Market Adjustment effective July 1, 2026 and a 2% COLA effective July 1, 2027 (Unrep. Plan Section 13.2).
3. Salary Step Plan. Adds salary steps 7, 8, and 9 to the salary schedule with 2.5% between each added step (Unrep. Plan Section 13.3).
4. City Health Contribution. 4% increase to the City’s health insurance premium contribution effective January 1, 2027, 2% increase effective January 1, 2028, and 2% increase effective January 1, 2029 (Unrep. Plan Section 4.1).
5. Uniform Allowance. An increase to the uniform annual allowance for specified classifications from $1,200 to $1,600 and from $1,000 to $1,400. Additionally, converts the allowance from an annual payment to per pay period amounts (Unrep. Plan Section 13.10).
6. Vacation Sellback provision allows a vacation cash payment option/sell-back of up to one hundred and twenty (120) hours of vacation each calendar year (Unrep. Plan Section 6).
7. Vacation Accrual. Converts vacation accrual amounts from annual to per pay period amounts.
This change reflects how vacation accruals are earned (Unrep. Plan Section 6).
8. Holidays. Converts the Cesar Chavez and the Birthday holidays into two floating holidays that can be used throughout the calendar year. Upon separation, any accrued and unused floating holiday hours will be cashed out at the employee’s current straight rate of pay. Additionally, it changes “Columbus Day” to “Indigenous Peoples Day” (Unrep. Plan Section 5).
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9. Longevity Pay for Unrepresented Police and Fire Safety personnel consistent with the Stockton Police Management Association and the Stockton Firefighters’ Local 456 Fire Management. Provides longevity pay at various percentages for employees with at least five (5), ten (10), fifteen (15), and twenty (20) years of paid service (Unrep. Plan Section 9).
10.Certificate Incentive Pay for Sworn. Deletes the incentive for Police sworn personnel who hold a P.O.S.T. Supervisory certificate. Adds, that Fire Chiefs and Deputy Fire Chiefs will receive eleven percent (11%) of top salary step in rank for obtaining and maintaining a California Fire Officer 3 (FO3) or Chief Fire Officer certification (Unrep. Plan Section 13.11).
11.Management Time Leave. Allows for applicable classifications to cash out management time leave at any time or have any remaining time paid out at the end of the fiscal year in June.
Adds the Fire and Deputy Fire Chiefs as eligible classifications (Unrep. Plan Section 10.4).
12.Compensatory Time Off (CTO). Adds that employees cannot carry over more than one hundred (100) hours of CTO at any time. Language is memorializing current Payroll practices (Unrep. Plan Section 14.4).
13.Elimination of language that is duplicative, obsolete, or already governed by City policies or applicable federal and state laws for: non-discrimination, sick leave, bereavement leave, biweekly pay period, and “Y” rate. These provisions remain fully enforceable and applicable to unrepresented employees regardless of whether they are specifically referenced in the compensation plan.
14.Rates of Pay. Defines the different rates of pay for payroll purposes (Unrep. Plan Appendix A).
The same salary ranges and benefit provisions afforded to the miscellaneous unrepresented employees will be applicable to the unrepresented Council appointed positions of City Manager, City Attorney, and City Clerk. Additionally, the salary ranges for these positions will increase by the same percentage points as the Salary Step Plan for the miscellaneous unrepresented employees of 7.7%.
The relevant amendments under the successor MOU for SPMA are summarized as follows:
1. MOU contract term for two (2) years effective July 1, 2026, through June 30, 2028 (SPMA MOU Section 19)
2. COLA increases to base pay totaling 2% effective the first full pay period following City Council Adoption of Agreement or June 28, 2026 (whichever is later) and an additional 2% COLA effective June 27, 2027 (SPMA MOU Section 15).
3. Market Adjustment increases to base pay of 2% effective the first full pay period following City Council Adoption of Agreement or June 28, 2026 (whichever is later) and an additional 2% effective June 27, 2027 (SPMA MOU Section 15).
4. Salary Step Plan. Adds salary steps 7, 8, and 9 to the salary schedule with 2.5% between each added step. Offers advancement in steps for eligible employees (SPMA MOU Section 15).
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5. City Health Contribution. 4% increase to the City’s health insurance premium contribution effective January 1, 2027, and a 2% increase effective January 1, 2028 (SPMA MOU Section
14.1).
The proposed compensation plan has been reviewed by the Administrative Services Department to ensure consistency with the City's compensation strategy and available budget appropriations.
FINANCIAL SUMMARY
COLA ADJUSTMENT
The impact of a 3.5% base wage increase in FY27 with a 2% adjustment in FY28, and a 2% increase in FY29 for Miscellaneous employees is shown in the table below. Additionally, the table reflects a 6% base wage increase in FY27 and a 2% adjustment in FY28 for safety employees. First-year costs are approximately $1.8 million, with an additional $1.1 million in FY28, and $657,044 in FY29.
SALARY TABLE ADJUSTMENTS
An additional three steps have also been added to the salary schedule for each bargaining group.
The impact of this change is $494,622 in FY27, with increased costs of $1.2 million in FY28, and $1.1 million in FY29.
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VACATION SELL BACK
The provisions of the agreement allow for the sell back of earned vacation hours. The following table reflects that impact.
HEALTH CARE CONTRIBUTION
The City will increase its health care contribution by 4% in FY27 with an additional 2% contribution increase in FY28. Costs for FY27 are estimated at $160,288, with similar costs of $162,722 in FY28, and additional costs of $143,167 in FY29.
UNIFORM ALLOWANCE
The cost for uniforms was increased by $400 per safety member. Total cost will be $3,200 annually.
LONGEVITY PAY
Longevity pay will be provided to safety employees consistent with other public safety employee groups based on five, ten, fifteen, or twenty years of service.
TOTAL COSTS
The total cost of this proposal is approximately $3.2 million in FY27, increasing by $3.3 million in FY28 and $2.5 million in FY29.
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Funding from the Known Contingency Reserve has been earmarked to cover this cost.
Attachment A - Unrep Management/Confidential and Law Employees’ Comp Plan - Redline Attachment B - SPMA MOU - Redline
Attachment C - UNREP SPMA Costing Table
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ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 1
Date Modified: July 1, 20232026
COMPREHENSIVE SUMMARY OF
CITY OF STOCKTON
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW
EMPLOYEES’
COMPENSATION PLAN
The City's Unrepresented Management/Confidential employees designated Management MA (Department Heads), Management MV (Assistant Department Heads and other Middle-Management), Confidential MW (Administrative/Support Staff in the City Manager's Office, the Human Resources Department, and the City Auditor’s Office), Law Department employees designated “Executive Plan” (EP), “Professional Plan” (PP), and “Support Plan” (SP) are hereby accorded compensation and benefits as outlined in this Plan consistent with the Stockton City Council's objective to fairly and equitably provide for its Unrepresented Management/Confidential and Law employees.
The Unrepresented Management/Confidential and Law Employees’ Compensation Plan, as amended shall be effective July 1, 20232026.
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ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 2
Date Modified: July 1, 20232026
TABLE OF CONTENTS
Section Section Title Page
Section 1. Retirement Benefits ............................................................................ 3 Section 2. Group Life Insurance Coverage ......................................................... 7 Section 3. Long Term Disability (LTD) Insurance Coverage ............................... 7 Section 4. Health and Dental Insurance .............................................................. 8 Section 5. Holidays............................................................................................ 11 Section 6. Vacation Leaves ............................................................................... 12 Section 7. Mileage Reimbursement for Private Vehicle Use ............................. 15 Section 8. Sick Leave ........................................................................................ 16 Section 9. Longevity Pay (Professional Growth Pay) ...................................... 194 Section 10. Other Leaves With Pay ................................................................ 215 Section 11. Workers' Compensation Leave................................................... 2317 Section 12. Leave of Absence ....................................................................... 2318 Section 13. Salary Plan ................................................................................. 2519 Section 14. Work Schedule ............................................................................. 292 Appendix A. Market AdjustmentsRates of Pay ................................................. 314 656
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 3
Date Modified: July 1, 20232026
The Unrepresented Management/Confidential and Law Employees’ Compensation Plan, consists of a salary administration program and certain benefits specific to six (6) categories of non-represented employees listed in this Plan. This Plan shall be administered by the City Manager who is the City Council's designated representative for determining compensation and benefits for regular status Unrepresented Management/Confidential and Law Employees.
Management Plan "MA" includes the Assistant City Manager, Deputy City Managers and Department Heads. Management Plan "MV" includes Assistant Department Heads, other Middle-Management classifications and the Liability Claims Investigator I/IIs. Confidential Plan "MW" includes other administrative and support staff in the City Manager's Office, City Auditor’s Office, City Clerk’s Office, and the departments of Human Resources, Administrative Services, Municipal Utilities, Fire, and Police. Executive Plan “EP” includes the City Attorney and the Assistant City Attorney. Professional Plan “PP” includes the Deputy City Attorneys. Support Plan “SP” includes all other Law Department personnel.
Unless specifically identified, all terms of this Compensation Plan apply to all groups listed above.
NON-DISCRIMINATION
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, concerted labor activity or other protected activity or status, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment.
Employees 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 as defined by Federal and State regulations.
Section 1. Retirement Benefits
1.1 Retirement Benefits
(a) Effective August 1, 2011, Classic miscellaneous employees covered by this Plan shall pay their own statutory employee contribution. Employees will pay seven percent (7%) of their current base salary and other compensation as qualified by state law toward Public Employees’ Retirement System (PERS) for the employee’s PERS contribution.
(b) Under IRS 414h, previously adopted by resolution by the City, the employee’s payment of their own statutory employee contribution will be 657
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Date Modified: July 1, 20232026
paid by the employee on a pre-tax basis. Such amounts will be applied to the employee's individual accounts in accordance with California Government Code section 20691.
(c) Classic Police Safety Management Employees- Effective September 16, 2019, the City shall pay all of the normal contributions required to be paid by the member. The amount shall be equal to nine percent (9%) of the Classic Police Safety Management employee’s current “reportable” base salary and other “reportable” special compensation as qualified by California Public Employees’ Retirement Law and California Code of Regulations. Such amounts shall be reported simply as normal contributions and shall be credited to the member’s individual accounts in accordance with Government Code section 20691 (Employer Payment of Member Contributions or EPMC).
(d) Classic Police Safety Management Employees- Effective September 16, 2019, employees shall pay nine percent (9%) toward the employer’s contribution of PERS. This section shall not be construed to permit Police Safety Management employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 1.1(c).
1.2 Public Employees’ Retirement System Benefits for Unit Employees hired on or before December 28, 2012.
(a) The City's PERS retirement plan for miscellaneous employees is two percent (2%) at age fifty-five (55) and for safety employees is three percent (3%) at age fifty (50). The City's PERS retirement plan is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Military Service Credit for Retired Persons), as hereinafter may be amended. The City provides PERS California Government Code section 20692 (Employer Paid Member Contributions Converted to Pay rate during the Final Compensation Period) as an added PERS benefit. Internal Revenue Service (IRS) Code 414H(2) will be concurrently implemented with PERS California Government Code section 20692. The City provides PERS California Government Code section 20965 (Credit for Unused Sick Leave) as an added PERS benefit, and the City will provide PERS California Government Code section 21335 up to a five percent (5%) Annual Cost-of-Living Allowance, as an added PERS benefit.
(b) The City’s PERS retirement plan for safety employees shall be the same plan in effect for other similar safety employees in other units.
1.3 PERS Cost sharing for Sworn Fire Unrepresented Employees. 658
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UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 5
Date Modified: July 1, 20232026
Pursuant to the cost share provisions proposed and agreed to by the Fire and Fire Management bargaining units, the Sworn Fire Unrepresented employees shall have a PERS cost sharing arrangement effective with the adoption of the PERS 20516 contract amendment.
(a) PERS 20516 Employee Cost-Share of Employer Contribution.
The parties understand a vote of all individuals covered by the CalPERS agreement is required to implement this CalPERS contract amendment.
Upon successful vote by the covered individuals, the City shall implement the cost sharing amendment under Government Code section 20516 as soon as possible consistent with CalPERS regulation. The City’s contract with CalPERS will be amended to allow for cost sharing for sworn Fire personnel up to a maximum of 14.138%. In accordance with CalPERS regulations, all employees covered by the Fire group under the PERS contract must be treated equally with respect to cost sharing provisions.
Through the cost share provisions, sworn fire employees are to pay nine percent (9%) towards employer’s required PERS contribution.
The City is implementing this CalPERS contract amendment with the following understandings as listed in sections 1.3 (b) and (c) below. (b) Cost Sharing for the Employer's Pick-up of the Employee's Nine Percent (9%) PERS Contribution.
The employee will cost share an employee contribution in the amount of nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by PERS towards the employer’s share of cost for PERS pension on a pre-tax basis. If PERS determines that the maximum contribution through a PERS 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 City shall deduct the percentage up to nine percent (9%) not covered by the PERS amendment process through a payroll reduction. If legislation is enacted and becomes effective requiring employees under the PERS retirement system to pay all or part of the employees share of retirement thus reducing or eliminating EPMC (Employer Paid Member Contribution), as soon as administratively possible and consistent with PERS regulations, employee’s contribution will be converted to the employers’ share under this 20516 cost share contract amendment to the employee share towards retirement for the percentage required by the new legislation.
(c) Cost Sharing Period
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UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 6
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Effective July 1, 2015, the employer cost-share contributions made by these employees will be nine percent (9%).
1.4 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012.
The City amended its PERS contract to provide a new tier of retirement benefits for employees hired by the City after the PERS amendment goes into effect. (a) For Miscellaneous employees, the new tier shall have a retirement formula of two percent (2%) at sixty (60) with three (3) year average salary formula, standard PERS COLA, and no other additional PERS benefits for all unit employees. All unit employees shall pay the entire seven percent (7%) of the employee’s current base salary and any other compensation as qualified by state law towards PERS retirement benefit through a payroll deduction.
(b) PERS Benefits for Miscellaneous Employees hired on or after January 1, 2013.
Employees with Reciprocity:
Employees who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall be subject to the PERS pension formula of two percent (2%) at sixty (60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of seven percent (7%).
Employees without Reciprocity:
Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of two percent (2%) at sixty-two (62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City normal cost rate for the two percent (2%) at sixty-two (62) as determined by CalPERS.
(c) PERS Benefits for Safety Employees
The new tiers for Safety employees shall be the same as the Fire employees or Police employees as appropriate under the applicable PERS 660
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UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 7
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contract.
Employees with Reciprocity:
Safety employees who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall pay the entire nine percent (9%) of the employee’s current base salary and any other compensation as qualified by state law towards PERS retirement benefit through a payroll deduction.
Employees without Reciprocity:
Safety employees hired on or after January 1, 2013 shall be subject to the AB340 PERS and shall pay fifty percent (50%) of the City normal cost rate for their applicable PERS contract as determined by CalPERS. The City provides PERS California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as an added PERS benefit.
1.5 PERS Pick-Up Contribution for Police Chief and Deputy Police Chiefs Effective July 1, 2016, unrepresented police personnel (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).
Section 2. Group Life Insurance Coverage
Each participant in the program will receive group life insurance coverage paid for by the City of Stockton.
Effective July 1, 2012, Tthe City shall provide, at no cost to the employee, a term life and accidental death and dismemberment insurance policy with a value of fifty thousand dollars ($50,000). In addition, employees may have the opportunity to purchase additional voluntary life insurance through the City’s IRS 125 plan vendor.
Section 3. Long Term Disability (LTD) Insurance Coverage Employees covered by this Compensation Plan, except as provided below will receive long term disability insurance coverage. The benefits of this plan shall be included in the Plan document or contract but are generally summarized as follows:
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Date Modified: July 1, 20232026
(a) Each disability approximately sixty-six and two thirds percent (66 2/3%) of salary for MA, MV, MW, EP, PP, and SP employees up to the maximum salary replacement amount as specified in the City’s long-term disability plan.
(b) Disability income payments shall commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable up to age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) days waiting period.
(e) Effective May 1, 2010, Fire Management will receive LTD insurance coverage through the California Association of Professional Firefighters.
The City pays the cost of the insurance premium.
Section 4. Health and Dental Insurance
4.1 Employee Coverage
(a) Choice of Health Plans. Employees covered by this Compensation Plan shall have a choice of enrolling themselves and their eligible dependents in any of the City-sponsored medical, dental, and vision plans. Each plan will offer an employee only, employee plus one (1), and employee plus two (2) or more dependents coverage.
(b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following the date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber 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 City-offered health plan). (c) City Insurance Contribution.
1) Effective July 1, 2023, 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.
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UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 9
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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.
Up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
2) Effective July 1, 2024, 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.
Up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
3)(1) Effective July 1, 2025, Tthe City shall contributes the following:
Up to $740.00936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. Up to $1,342.001,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $1,788.002,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(2) Effective January 1, 2027, the City shall contribute the following:
Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
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ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 10
Date Modified: July 1, 20232026
Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(3) Effective January 1, 2028, the City shall contribute the following:
Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(4) Effective January 1, 2029, the City shall contribute the following:
Up to $1,012.88 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,837.86 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,448.82 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(d) 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. The employee, through payroll deductions, shall pay insurance plan premiums that exceed the City’s monthly contribution.
The City shall maintain its IRS Section 125 Plan to allow for employee contributions for medical/dental/vision to be pre-tax premium conversion. (e) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, dental, and vision 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.
4.3 Health and Welfare Benefits During Layoff
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UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 11
Date Modified: July 1, 20232026
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
Section 5. Holidays
5.1 Qualifying for Holiday Pay
All regular status employees, excluding provisional and temporary employees, shall be entitled to take all authorized holidays at full pay not to exceed the employee’s regular work day (e.g. nine (9) hours on a nine (9) hour work day or eight (8) hours on an eight (8) hour work day on the 9/80 schedule) for each of the holidays listed below.
5.2 Holidays Observed by the City
(1) January 1 ……………………………………………………….New Year's Day
(2) Third Monday in January………………......Martin Luther King Jr.’s Birthday (3) Second Monday in February ………………….……………Lincoln's Birthday (4) Third Monday in February ………………………........Washington's Birthday (5) March 31 (FLOATING)…………………………..…...Cesar Chavez Birthday (65) Last Monday in May…………………………….………………..Memorial Day (76) July 4………………………………………………………...Independence Day
(87) First Monday in September……………………….…………………Labor Day (98) Second Monday in October ……………………….…………..Columbus
DayIndigenous Peoples Day
(109) November 11……………………………………….…………..Veteran's Day
(1110) Fourth Thursday in November………………………………....Thanksgiving (1211) Fourth Friday in November………………………….Day after Thanksgiving (1312) December 25…………………………………………………..Christmas Day
(14) Birthday Holiday
Floating holiday must be used within the calendar year. There is no cash value for the unused floating holiday. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31).
Birthday Holiday Leave. The department head with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within ninety (90) calendar days beginning on the day of the employee’s birthday. 665
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If any of said holidays fall on a Sunday, the following Monday shall be observed as a holiday. If any of said holidays fall on a Saturday, the preceding Friday shall be observed as a holiday.
In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
5.3 Floating Holidays
Employees accrue two (2) workdays of floating holiday hours annually on January 1 to a maximum of two (2) workdays. Upon separation, any accrued and unused floating holiday hours will be cashed out at the employee’s current straight rate of pay.
5.43 Compensation for Holidays Worked
Prior approval for holiday work must be secured from the City Manager except in emergency situations where said approval cannot be obtained beforehand.
If an employee works on a holiday, the employee will receive eight (8) hoursa regular workday worth of holiday pay at their regular straight time rate of pay, actual hours worked will be paid at the time and one half and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s regular normal work day hours combined maximum).
5.54 Police Chief and Deputy Police Chiefs Holiday Compensation The Police Chief and Deputy Police Chiefs shall receive a five percent (5%) base pay increase effective September 16, 2019, in exchange for eliminating the holiday in lieu add pay.
When the Police Department Administrative offices are closed on a regularly scheduled work day, staff 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, staff may be scheduled to work on a day when the Police Department offices are closed. In the event the Police Chief or Deputy Chief is scheduled to work on a day when the Police Department offices are closed, they will not be required to use vacation and will be paid for actual hours worked at straight time.
Section 6. Vacation Leaves
The following shall be the vacation leave benefits for all employees covered by this Plan. 666
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UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 13
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For purposes of determining eligibility for sections 6(a) and (b) below, all department heads and Deputy City Managers (MA and EP employees) are to be considered as having been employed by the City of Stockton for at least seven and one-half (7.5) years and shall receive benefits based on that number of years of service. For purposes of determining eligibility for sections 6(a) and (b) all assistant department heads and midmanagement (MV and PP employees) are to be considered as having been employed by the City of Stockton for at least one and one-half (1.5) years and shall receive benefits based on that number of years of service.
(a) Vacation Accrual.
FLSA non-exempt employees. All regular status employees that are FLSA overtime non-exempt, excluding provisional and temporary, shall accrue vacation leave per pay period with pay in accordance with the following schedule:
(1) Less than one and a one-half (1.5-1/2) years continuous employment………………………………………80 3.08
hours/year.
(2) After one and a one-half (1.5-1/2) to seven and a one-half (7.5-1/2) years continuous employment………………..108
4.15 hours/year.
(3) After seven and a one-half (7.5-1/2) to fifteen (15) years continuous employment……………………….1445.54
hours/year.
(4) After fifteen (15) to twenty-five (25) years continuous employment……………………………………..1897.27
hours/year.
(5) Thereafter, zero point two seven (0.27) additional hours for each completed year of service in excess of twenty-five (25) years.
FLSA exempt employees. All regular status employees that are FLSA overtime exempt, excluding provisional and temporary, shall accrue vacation leave per pay period with pay in accordance with the following schedule:
(1) Less than one and a one-half (1.5-1/2) years continuous employment……………………………………..120 4.62
hours/year.
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(2) After one and a one-half (1.5-1/2) to seven and a one-half (7.5-1/2) years continuous
employment………………..1485.69 hours/year.
(3) After seven and a one-half (7.5-1/2) to fifteen (15) years continuous employment……………………….188 7.23
hours/year.
(4) After fifteen (15) to twenty-five (25) years continuous employment……………………………………..229 8.81
hours/year.
(5) Thereafter, zero point two seven (0.27) additional hours for each completed year of service in excess of twenty-five (25) years.
Employees shall accrue their vacation allowance on a per pay period basisin twenty-four (24) equal amounts on a twice-monthly payroll basis (24 pay periods). (b) Maximum Vacation Accrual. Employees reaching the maximum hours shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances.
Maximum Vacation Accrual Caps.
40 hour employee (FLSA non-exempt employee)
Under 1.5 yrs. 120 hours
1.5-7.5 yrs. 240 hours
7.5-15 yrs. 280 hours
15-25yrs. 320 hours
26 yrs. 328 hours
27 yrs. 336 hours
28 yrs. 344 hours
29 yrs. 352 hours
Over 29 years shall receive an additional 7 hours for each year of service.
40 hour employee (FLSA exempt employee)
Under 1.5 yrs. 200 hours
1.5-7.5 yrs. 320 hours
7.5-15 yrs. 360 hours
15-25yrs. 400 hours
26 yrs. 408 hours
27 yrs. 416 hours
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28 yrs. 424 hours
29 yrs. 431 hours
Over twenty-nine (29) years shall receive an additional seven (7) hours for each year of service.
(c) Vacation Scheduling. Vacation leaves shall be scheduled with due consideration for the wishes of the employee and to not interfere with the normal operation of the City business. Vacation requests are accepted on a day for day basis.
(d) Holiday during Vacation. If any such paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(e) Cash Payment OptionVacation Sellback. During the month of December, employees may make an irrevocable election to cash out up to one hundred and twenty (120) hours of vacation leave for the succeeding calendar year.
Employees that cash out a portion of their vacation accrual will be paid on the first check in December of the following calendar year. Payments are subject to all applicable payroll taxes and withholding. Effective FY 2023/2024 and 2024/2025 only, an employee may elect to receive a cash payment for a maximum of forty (40) hours of unused accumulated vacation balance 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 of each year for the cash out the following calendar year. The cash out election is irrevocable and the City will follow IRS regulations regarding cash payment of leave. (f) Vacation Cash Out Upon Separation. An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final straight time 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.
Section 7. Mileage Reimbursement for Private Vehicle Use 669
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UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 16
Date Modified: July 1, 20232026
The private vehicle mileage reimbursement will be paid to employees who use their private vehicle for City business travel within the City or out of the City limit. Such usage must be documented. Mileage reimbursement for use of personal vehicle shall be compensated at the current Internal Revenue Service (IRS) rate.
Reimbursement for average mileage on City business greater than 1,000 miles per month will be determined by the City Manager, provided no such reimbursement shall exceed IRS mileage reimbursement rate then in effect.
Section 8. Sick Leave
8.1 Sick Leave Use
(a) Accrual. All regular status full-time employees, except provisional and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
All regular status employees, except provisional and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year.
Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee. (b) Usage. Employees are entitled to sick leave pay for those hours, which the employee would normally have worked, to a maximum of the hours accrued, described as:
Preventive medical, dental, optical care, illness, injury, or exposure to contagious disease which incapacitates the employee from performing normal work duties. This includes disabilities caused or contributed by pregnancy, miscarriage, abortion, childbirth, and recovery there from. (c) Family Sick Leave. Employees may utilize up to one-half of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care, except in instances where the employee is on approved FMLA or CFRA leave.
Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent and grandchild, legal dependent, 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 “designated person” in a twelve (12) month period. The 670
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employee’s child includes a biological, foster, or adopted child, a stepchild, a legal ward, a child of the employee’s registered domestic partner, or a child to whom the employee stands in loco parentis.
It is not the intent of this provision to conflict with any state or federally mandated policies, such as the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL). (d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence (for example, including but not limited to scheduled medical, dental or vision appointments), the employee shall request authorization for such sick leave from the department head prior to such absence.
If an employee is not able to report due to illness or injury, the employee shall report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the work day, except for extenuating circumstances prohibiting giving notice.
Failure to notify as soon as possible and in conforming to the thirty (30) minute notification shall be cause for disciplinary action as determined by the appointing authority.
(e) Verification Procedures
(1) Before being paid for the use of accrued sick leave, the employee shall submit a signed statement to the department head, on a prescribed form, stating 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 doesn't return to work prior to the preparation of the payroll, other arrangements may be made with the department head.
(2) Doctor's Certificate or Other Proof.
The department head or designee may require a doctor’s certificate or other reasonable proof of illness as they deem necessary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that they will be required to provide such documentation.
Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for three (3) or 671
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more consecutive work days, a doctor’s certificate or other reasonable proof of illness may be required. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
The department head or designee may make such sick leave usage reviews and may require such additional documentation including a physician’s statement as they deem necessary before approving the sick leave benefit.
(3) If the City has a reasonable basis to believe that an employee is abusing the sick leave benefit, the City or the employee's supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed abuse, and 2) discuss the reasons for the employee's absence. After such meeting, and depending on the factual circumstances, the City may:
(a) Place the employee on restricted sick leave for a period of not more than four (4) months, under the direction of the Director of Human Resources pursuant to section 8.1 (e) and sub
section (2) above;
(b) Suspend the employee without pay for up to five (5) days for abuse of sick leave; or dismissal from employment if a prior suspension involved abuse of sick leave;
(c) Place the employee in an employee assistance program, if agreed to by the employee.
(f) Use of Sick Leave while on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or
(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
8.2 Unused Sick Leave Upon Separation
(a) Payment for Unused Sick Leave
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Date Modified: July 1, 20232026
Effective February 17, 2012, all accumulated or future accruals of sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(b) CalPERS Service Credit for 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.shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (c) 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. (c) Sick Leave Retention Benefit
If, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon 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 2/16/12 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on 2/16/12 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.
Section 9. Longevity Pay (Professional Growth Pay)
Effective August 1, 2011, all longevity pay shall be eliminated for all employees covered by this Plan. However, the City shall grandfather only those employees who have completed twelve (12) continuous years of service with the City as of July 1, 2012, and who are receiving a Longevity Pay of two and one-half percent (2.5%) as of that date.
Employees as of August 1, 2011 receiving a higher Longevity Pay based on benefits received by another unit shall also be grandfathered but they shall have their current 673
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Longevity Pay reduced by two and one-half percent (2.5%) and then frozen at those levels at that time. As of July 1, 2012, longevity incentive pay allowance for these grandfathered employees shall be reduced to one and one-half percent (1.5%).
Employees receiving a higher Longevity Pay based on benefits received by another unit shall have their remaining longevity reduced by one percent (1.%) effective July 1, 2012.
Unrepresented Police Safety personnel shall be eligible towill receive the same longevity incentive pay allowance as the Stockton Police Management Association members, as follows:
(a) If the Unrepresented Police Safety employee is not otherwise eligible for the grandfathered Unrepresented Longevity Pay, the City shall pay threequarters of one percent (.75%) of base salary for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(b) 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.
(c) The City shall pay an additional two percent (2%) for a total of four and onehalf percent (4.5%), upon completion of twenty-four (24) years of continuous service as a public safety member of the Stockton Police Department.
Unrepresented Police and Fire Safety personnel will receive the same longevity incentive pay allowance as the Stockton Police Management Association and the Stockton Firefighters’ Local 456 Fire Management members, as follows:
(a) Employees with five (5) years of paid service with the City shall receive additional compensation in the amount of two percent (2%) above their hourly rate of pay, paid on a per pay period basis.
(b) Employees with ten (10) years of paid service with the City shall receive an additional two percent (2%) above their hourly rate of pay (four percent (4%) combined total), paid on a per pay period basis.
(c) Employees with fifteen (15) years of paid service with the City shall receive an additional two percent (2%) above their hourly rate of pay (six percent (6%) combined total), paid on a per pay period basis.
(d) Employees with twenty (20) years of paid service with the City shall receive an additional two percent (2%) above their hourly rate of pay (eight percent (8%) combined total), paid on a per pay period basis.
(c)
674
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 21
Date Modified: July 1, 20232026
Section 10. Other Leaves With Pay
10.1 Bereavement Leave. In the event of a death in theof an immediate family memberof an employee, they shall, upon request, the employee will be granted up to three five (35) days bereavement leave. with pay without charge to their accumulated sick leave or vacation leave. The City provides paid bereavement leave for the first three (3) days. The employee shall, upon request, be grantedmay use any other paid leave for the remaining an additional two (2) days bereavement leave which shall be charged against the employee’s accumulated sick leave or vacation leave. For the purposes of this paragraph, the iImmediate family shall beis restricted to the employee’s parents, current step parents, spouse, mother-in-law, father-in-law, parent-in-law, child, stepchild, brother, sistersibling, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, and registered domestic partner.
In the event of the death of a person not immediately related to an employee as defined above that is not an immediate family member, the employee's department head may grant up to three (3) days of unpaid bereavement leave upon request which shall be charged against Tthe employee's must use accumulated sick leave or vacation leave. Bereavement Leave will not be counted against the employee under the City’s absence control policy when evaluating the employee’s work performance.
10.2 Jury Duty Leave/Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
Said covered absence will be for actual hours served (including travel time) on jury duty or testifying as a witness in a criminal case, other than a defendant. Authorized absence for jury or court leave shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work their usual morning schedule.
Upon being excused from the court each day, the employee must return to work if they have more than two (2) hours remaining before the end of their workday.
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. 675
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 22
Date Modified: July 1, 20232026
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City 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 work within the meaning of this Section.
10.3 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 a 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.
All probationary employees inducted into the Military Service not having served the minimum probationary period of six (6) months, shall be allowed a leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular status employee.
Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
10.4 Management Time Leave. The Chief of Police, Deputy Chief of Police II, and Deputy Chief of Police I, Fire Chief, and Deputy Fire Chief shall receive forty (40) hours of paid-management time-leave each fiscal year. The management timeleave of forty (40) hours may not carry over from fiscal year to fiscal year or, be used for sell-back purposes., or paid for any unused leave-time upon separation of City employment. Employees may cash out the leave at any time at their straight time rate of pay. Any time remaining will be paid out annually on the lastfirst check in JuneDecember.
676
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 23
Date Modified: July 1, 20232026
10.5 State Disability Insurance. As soon as administratively possible after approval of the amended Unrepresented Compensation Plan by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employee contributions will begin under the State Disability Insurance (SDI) program offered by the State of California Employment Development Department. SDI will be coordinated with other benefits.
Section 11. Workers' Compensation Leave
11.1 Workers’ Compensation Leave
(a) Workers' Compensation Benefits shall be provided in accordance with State law and schedules whenever an employee is absent from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers' Compensation Law. Any salary continuation program benefits that are in addition to the State benefits that were in effect on July 31, 2011 shall be eliminated effective August 1, 2011. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources Department.
Section 12. Leave of Absence
12.1 Leave of Absence
Employees shall not be entitled to leave 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 same time the leave was granted. The 677
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 24
Date Modified: July 1, 20232026
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 Director of Human Resources, whose ruling shall be final.
(a) Purpose and Length. Only employees occupying regular positions on a regular basis are eligible for leaves of absence without pay under the provisions of this section.
An appointing authority may grant leave of absence without pay for personal reasons up to a maximum of twelve (12) months with approval of the Director of Human Resources.
Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with approval of the Director of Human Resources.
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 Leave of Absence Without Pay.
Employees shall not be entitled to Leave of Absence Without Pay as a matter of right, but only upon the determination of the City that it is in the best interest of public service and that there is a presumption that the employee intends to return to work upon the expiration of the leave of absence. In order to receive leave without pay, an employee must submit a request on the prescribed form to their department head and the Director of Human Resources 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 cancelled by the department at any time.
(c) Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.
The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the full monthly premium during the authorized leave of absence.
678
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 25
Date Modified: July 1, 20232026
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 any 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 adjustment.
12.2 Absence Without Official Leave (AWOL)
(a) Failure to Report to Duty or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or cancelled or at the expiration for a leave shall be considered an absence without official leave and the employee shall be subject to discipline.
(b) Voluntary Resignation. Any employee without official 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.
Section 13. Salary Plan
For a current Salary Schedule, please visit www.stocktonca.gov.
13.1 Salary Increases – Miscellaneous Employees
(a) Effective July 1, 20232026, employees will receive a four two percent (24%) Cost of Living Adjustment (COLA) to base pay and a one and a half percent (1.5%) market adjustment.
(b) Effective July 1, 20242027, employees will receive a three two percent (32%) COLA to base pay.
(c) Effective July 1, 20252028, employees will receive a three two percent (32%) COLA to base pay.
(d) Market adjustments will be provided in year two (2) and year three (3) of the contract as follows:
1) First, the total three (3) year COLA shall be deducted from the “median” position in the market.
679
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 26
Date Modified: July 1, 20232026
2) Effective July 1, 2024, certain classifications will receive a market adjustment of no more than seven percent (7%) as outlined in Appendix A. 3) Finally, effective July 1, 2025, certain classifications will receive the remaining percentage to bring the classification to the median of the market as outlined in Appendix A.
(e) Lump Sum Payment.
1) Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand ($2000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
2) Each employee who is employed in the bargaining unit as of July 1, 2025 will receive a two thousand ($2000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
13.2 Salary Increases – Safety Sworn Employees
(a) Effective July 1, 2026, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) to base pay and a four percent (4%) market adjustment.
(b) Effective July 1, 2027, employees will receive a two percent (2%) COLA to base pay.
13.3 Salary Step Plan
Salary step increases will 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 will be as of that date.
The Salary Schedule consists of nine (9) steps, with five percent (5%) between steps one (1) and six (6), and a two and a half percent (2.5%) between steps seven (7) and nine (9).
13.2 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 Director of Human Resources.
680
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 27
Date Modified: July 1, 20232026
13.3 4 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 base salary equal to, or greater than, the minimum base step rate for the higher rank, that employee shall be entitled to a step in the 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 demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the class to which demoted.
13.4 5 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 after five (5) days 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.
The increased rate of pay will commence with the first day of the assignment; however, to qualify the employee must meet the above conditions before being eligible for Acting Pay.
13.5 6 Pay Equity Adjustments
The City recognizes that there may be a need for special salary adjustments for selected classifications as a result of recruitment problems, reclassifications, and/or organizational changes. The City, in its sole discretion, may make such adjustments.
13.6 7 Special Assignment Pay
The department head, with the concurrence of the Director of Human Resources may approve additional compensation in an amount not to exceed one (1) additional salary step when an employee is assigned to perform additional duties and responsibilities for the duration of the special assignment.
13.78 Temporary Upgrade Pay
Hourly or daily rate of pay upgrade for employees who are assigned to temporarily perform the duties of other employees of a higher level classification. The employee must not perform any of the duties for their own job classification while working in the higher level classification.
681
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 28
Date Modified: July 1, 20232026
13.8 9 Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to 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.
13.910Uniform Allowance
Employees required to wear uniforms shall be paid an annual uniform allowance, one-half payable in April and one-half payable in October each year. Employees in the following classifications receive the following annual uniform allowance per pay period:
o Chief of Police - $1,200.0061.54
o Deputy Chief of Police II - $1,200.0061.54
o Deputy Chief of Police I - $1,200.0061.54
o Fire Chief - $950.0053.85
o Deputy Fire Chief II - $950.00$53.85
o Deputy Fire Chief I - $950.00
Effective July 1, 2024, employees in the following classifications receive the following annual uniform allowance:
o Fire Chief - $1,000.00
o Deputy Fire Chief II - $1,000.00
o Deputy Fire Chief I - $1,000.00
13.1011 Certificate Incentive Pay-Sworn Police Chiefs or Deputy Chiefs (a) The City shall pay six percent (6.%) of the top step in rank for sworn personnel who attain a P.O.S.T. Supervisory Certificate. (a) Police Chief and Deputy Police Chiefs. The City shall pay an additional five percent (5.%) for a total of eleven percent (11%) of top salary step in rank for sworn Police personnel 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 management course.
(b) Fire Chief and Deputy Fire Chiefs. The City shall pay eleven percent (11%) of top salary step in rank for sworn Fire personnel who obtain and maintain a California Fire Officer 3 (FO3) or Chief Fire Officer certification.
13.12 Bi-Weekly Pay Period
682
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 29
Date Modified: July 1, 20232026
The City may move to bi-weekly pay as soon as it is administratively possible. This may not be administratively possible until the City implements a new payroll system.
13.13 “Y”-Rate
When an employee's classification is changed to a lower paid classification as the result of a classification study or other personnel action, the employee may be placed on a "Y" rate. A "Y" rate means that the monthly compensation for the employee will remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.
13.1413.12 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Unrepresented Compensation Plan 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 Unrepresented Compensation Plan is outside of the City’s control.
Section 14. Work Schedule
14.1 Employees in FLSA exempt job classifications shall not be eligible for overtime for extra hours worked to perform duties of their assigned position.
14.2 Department heads are responsible for personally approving any overtime pay for FLSA non-exempt employees within their respective departments, with a report submitted to the City Manager at the end of each pay period explaining the overtime.
14.3 Overtime
Non-exempt employees will receive overtime at the appropriate rate when authorized in writing by the department head prior to the overtime worked. The following provisions pertaining to authorized statutorily required overtime work shall apply to FLSA non-exempt employees:
(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one-half (1-1/2) including employees employed on a per hour or per day basis or except as provided elsewhere herein. Observed holidays, floating holidays, jury duty leave, bereavement leave, and sick leave hours taken shall be considered as time worked for overtime calculation purposes.
Vacation, or other time taken as compensated time off shall not be considered as actual time worked for overtime calculation purposes.
683
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
30 (b) Employees assigned to an alternate work schedule (e.g. 4/10, 9/80, etc.) shall be compensated at the overtime rate for all time worked in excess of their regularly scheduled hours.
(c) Temporary Upgrade Pay. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
14.4 Compensatory Time Off (CTO)
(a) Definition. As used in this section, the term Compensatory Time Off (CTO) refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or excess of their normal work schedule.
For the purpose of this section, CTO shall apply only to Non-Exempt employees.
(b) CTO in Lieu of Overtime Compensation. Employees may voluntarily elect to receive overtime compensation in the form of CTO at the rate of one and one-half (1-1/2) hours of CTO for each hour of overtime earned under section 14.3 (a).
(b)(c) No more than one-hundred (100) hours of CTO may be carried on the books at any time. Once one hundred (100) hours of CTO is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid to the employee. At the end of each calendar year, all CTO will be carried forward (forty (40) hours maximum).
Any CTO balance in excess of forty (40) hours remaining at the end of the calendar year will automatically be paid to the employee. 684
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
31 Appendix A. Market AdjustmentsRates of Pay
(a) Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary scheduled for their classification.
(b) Straight Time Rate of Pay: The employees Straight Time Rate of Pay includes the employee’s base rate of pay plus all percentage’ based add pays.
(c) Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
Year 1 - Effective 7/1/23 Rate Calculation
Year 2 - Effective 7/1/24 COLA year 1 (4%) Current hourly x 0.04 Year 3 - Effective 7/1/25 MA year 1 (0%) N/A
Year 1 - Monthly Salary (Current hourly + COLA) x 173.34 COLA year 2 (3%) Year 1 hourly x 0.03
MA year 2 (5%) Current hourly x 0.05
Year 2 - Monthly Salary
(Current hourly + all increases) x
173.34
COLA year 3 (3%) (Current hourly + all increases) x 0.03 MA year 3 (2%) Current hourly x 0.02
Year 3 - Monthly Salary
(Current hourly + all increases) x
173.34
*Monthly hours of 173.34 are calculated from 86.67 x 2
Hourly/Monthly Steps
1 2 3 4 5 6
Accounting Manager current monthly
9,008.22
9,458.44
9,931.16
10,427.52
10,948.68
11,495.88
current hourly
51.9685
54.5658
57.2930
60.1564
63.1630
66.3198
COLA year 1 (4%)
2.0787
2.1826
2.2917
2.4063
2.5265
2.6528
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,368.55
9,836.77
10,328.42
10,844.61
11,386.62
11,955.71
COLA year 2 (3%)
1.6214
1.7025
1.7875
1.8769
1.9707
2.0692
MA year 2 (1.99%)
1.0342
1.0859
1.1401
1.1971
1.2569
1.3198
685
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
32 Year 2 - Monthly Salary
9,828.87
10,320.10
10,835.90
11,377.46
11,946.10
12,543.15
COLA year 3 (3%)
1.7011
1.7861
1.8754
1.9691
2.0675
2.1708
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,123.73
10,629.70
11,160.98
11,718.78
12,304.48
12,919.44
Budget Analyst II
(Confidential) current monthly
6,508.08
6,833.48
7,175.14
7,533.92
7,910.62
8,306.16
current hourly
37.5452
39.4224
41.3935
43.4633
45.6364
47.9183
COLA year 1 (4%)
1.5018
1.5769
1.6557
1.7385
1.8255
1.9167
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,768.41
7,106.82
7,462.16
7,835.29
8,227.04
8,638.40
COLA year 2 (3%)
1.1714
1.2300
1.2915
1.3561
1.4239
1.4951
MA year 2 (2.9%)
1.0888
1.1432
1.2004
1.2604
1.3235
1.3896
Year 2 - Monthly Salary
7,160.20
7,518.19
7,894.10
8,288.83
8,703.26
9,138.44
COLA year 3 (3%)
1.2392
1.3012
1.3662
1.4345
1.5063
1.5816
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
7,375.00
7,743.74
8,130.92
8,537.49
8,964.35
9,412.59
Budget Analyst I
(Confidential) current monthly
5,316.54
5,582.38
5,861.48
6,154.56
6,462.28
6,785.42
current hourly
30.6712
32.2048
33.8149
35.5057
37.2810
39.1451
COLA year 1 (4%)
1.2268
1.2882
1.3526
1.4202
1.4912
1.5658
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,529.21
5,805.68
6,095.93
6,400.74
6,720.78
7,056.83
COLA year 2 (3%)
0.9569
1.0048
1.0550
1.1078
1.1632
1.2213
686
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
33 MA year 2 (7%)
2.1470
2.2543
2.3670
2.4854
2.6097
2.7402
Year 2 - Monthly Salary
6,067.24
6,370.61
6,689.12
7,023.58
7,374.76
7,743.51
COLA year 3 (3%)
1.0501
1.1026
1.1577
1.2156
1.2764
1.3402
MA year 3 (8.64%)
2.6500
2.7825
2.9216
3.0677
3.2211
3.3821
Year 3 - Monthly Salary
6,708.61
7,044.05
7,396.22
7,766.04
8,154.35
8,562.08
Assistant City Attorney current monthly
12,618.26
13,248.92
13,911.08
14,606.32
15,336.34
16,102.86
current hourly
72.7949
76.4331
80.2531
84.2640
88.4755
92.8975
COLA year 1 (4%)
2.9118
3.0573
3.2101
3.3706
3.5390
3.7159
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
13,123.00
13,778.87
14,467.52
15,190.57
15,949.80
16,746.97
COLA year 2 (3%)
2.2712
2.3847
2.5039
2.6290
2.7604
2.8984
MA year 2 (7%)
5.0956
5.3503
5.6177
5.8985
6.1933
6.5028
Year 2 - Monthly Salary
14,399.97
15,119.66
15,875.32
16,668.73
17,501.83
18,376.58
COLA year 3 (3%)
2.4922
2.6168
2.7475
2.8849
3.0290
3.1804
MA year 3 (1.98%)
1.4413
1.5134
1.5890
1.6684
1.7518
1.8394
Year 3 - Monthly Salary
15,081.81
15,835.58
16,627.01
17,458.00
18,330.55
19,246.71
Assistant City Clerk current monthly
6,433.94
6,763.92
7,109.86
7,474.18
7,858.12
8,260.46
current hourly
37.1175
39.0211
41.0168
43.1186
45.3336
47.6547
COLA year 1 (4%)
1.4847
1.5608
1.6407
1.7247
1.8133
1.9062
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,691.31
7,034.47
7,394.25
7,773.15
8,172.45
8,590.88
687
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
34 COLA year 2 (3%)
1.1581
1.2175
1.2797
1.3453
1.4144
1.4868
MA year 2 (7%)
2.5982
2.7315
2.8712
3.0183
3.1734
3.3358
Year 2 - Monthly Salary
7,342.42
7,718.98
8,113.76
8,529.53
8,967.69
9,426.84
COLA year 3 (3%)
1.2708
1.3359
1.4043
1.4762
1.5520
1.6315
MA year 3 (4.6%)
1.7074
1.7950
1.8868
1.9835
2.0853
2.1921
Year 3 - Monthly Salary
7,858.66
8,261.69
8,684.23
9,129.23
9,598.20
10,089.63
Records Research Specialist current monthly
4,022.56
4,228.54
4,445.06
4,673.28
4,912.04
5,163.68
current hourly
23.2062
24.3945
25.6436
26.9602
28.3376
29.7893
COLA year 1 (4%)
0.9282
0.9758
1.0257
1.0784
1.1335
1.1916
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,183.47
4,397.68
4,622.86
4,860.21
5,108.52
5,370.22
COLA year 2 (3%)
0.7240
0.7611
0.8001
0.8412
0.8841
0.9294
MA year 2 (7%)
1.6244
1.7076
1.7951
1.8872
1.9836
2.0853
Year 2 - Monthly Salary
4,590.55
4,825.61
5,072.70
5,333.15
5,605.62
5,892.79
COLA year 3 (3%)
0.7945
0.8352
0.8779
0.9230
0.9702
1.0199
MA year 3 (1.89%)
0.4386
0.4611
0.4847
0.5095
0.5356
0.5630
Year 3 - Monthly Salary
4,804.29
5,050.30
5,308.90
5,581.47
5,866.63
6,167.17
Deputy City Clerk II current monthly
3,908.16
4,109.14
4,318.64
4,540.88
4,773.02
5,017.90
current hourly
22.5462
23.7057
24.9143
26.1964
27.5356
28.9483
COLA year 1 (4%)
0.9018
0.9482
0.9966
1.0479
1.1014
1.1579
MA year 1 (0%)
-
-
-
-
-
-
688
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
35 Year 1 - Monthly Salary
4,064.48
4,273.51
4,491.39
4,722.52
4,963.94
5,218.61
COLA year 2 (3%)
0.7034
0.7396
0.7773
0.8173
0.8591
0.9032
MA year 2 (1.22%)
0.2751
0.2892
0.3040
0.3196
0.3359
0.3532
Year 2 - Monthly Salary
4,234.10
4,451.85
4,678.82
4,919.59
5,171.09
5,436.39
COLA year 3 (3%)
0.7328
0.7705
0.8098
0.8514
0.8950
0.9409
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
4,361.12
4,585.40
4,819.18
5,067.18
5,326.22
5,599.48
Deputy City Clerk I current monthly
3,547.22
3,728.38
3,919.50
4,120.48
4,331.40
4,553.62
current hourly
20.4639
21.5090
22.6116
23.7711
24.9879
26.2699
COLA year 1 (4%)
0.8186
0.8604
0.9045
0.9508
0.9995
1.0508
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,689.10
3,877.50
4,076.27
4,285.30
4,504.66
4,735.77
COLA year 2 (3%)
0.6385
0.6711
0.7055
0.7417
0.7796
0.8196
MA year 2 (1.42%)
0.2906
0.3054
0.3211
0.3375
0.3548
0.3730
Year 2 - Monthly Salary
3,850.14
4,046.77
4,254.22
4,472.37
4,701.30
4,942.50
COLA year 3 (3%)
0.6663
0.7004
0.7363
0.7740
0.8137
0.8554
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
3,965.65
4,168.18
4,381.85
4,606.54
4,842.34
5,090.78
Outreach Supervisor current monthly
5,016.20
5,273.68
5,544.04
5,827.28
6,126.90
6,440.54
current hourly
28.9385
30.4239
31.9836
33.6176
35.3461
37.1555
COLA year 1 (4%)
1.1575
1.2170
1.2793
1.3447
1.4138
1.4862
689
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
36 MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,216.85
5,484.63
5,765.80
6,060.37
6,371.97
6,698.16
COLA year 2 (3%)
0.9029
0.9492
0.9979
1.0489
1.1028
1.1593
MA year 2 (1.96%)
0.5672
0.5963
0.6269
0.6589
0.6928
0.7282
Year 2 - Monthly Salary
5,471.67
5,752.53
6,047.44
6,356.39
6,683.21
7,025.33
COLA year 3 (3%)
0.9470
0.9956
1.0466
1.1001
1.1567
1.2159
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
5,635.82
5,925.10
6,228.86
6,547.08
6,883.71
7,236.09
Outreach Worker current monthly
3,807.22
4,002.66
4,207.48
4,422.82
4,649.88
4,887.48
current hourly
21.9639
23.0914
24.2730
25.5153
26.8252
28.1959
COLA year 1 (4%)
0.8786
0.9237
0.9709
1.0206
1.0730
1.1278
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,959.51
4,162.77
4,375.78
4,599.73
4,835.88
5,082.98
COLA year 2 (3%)
0.6853
0.7205
0.7573
0.7961
0.8369
0.8797
MA year 2 (1.33%)
0.2921
0.3071
0.3228
0.3394
0.3568
0.3750
Year 2 - Monthly Salary
4,128.93
4,340.89
4,563.01
4,796.55
5,042.80
5,300.47
COLA year 3 (3%)
0.7146
0.7513
0.7897
0.8301
0.8728
0.9174
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
4,252.80
4,471.11
4,699.90
4,940.45
5,194.08
5,459.48
Assistant Director of
Community Development current monthly
11,126.48
11,696.66
12,296.02
12,917.26
13,585.92
14,278.90
current hourly
64.1888
67.4781
70.9358
74.5198
78.3773
82.3751
690
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
37 COLA year 1 (4%)
2.5676
2.6991
2.8374
2.9808
3.1351
3.2950
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
11,571.55
12,164.52
12,787.85
13,433.95
14,129.36
14,850.06
COLA year 2 (3%)
2.0027
2.1053
2.2132
2.3250
2.4454
2.5701
MA year 2 (7%)
4.4932
4.7235
4.9655
5.2164
5.4864
5.7663
Year 2 - Monthly Salary
12,697.55
13,348.22
14,032.21
14,741.18
15,504.25
16,295.08
COLA year 3 (3%)
2.1976
2.3102
2.4286
2.5513
2.6833
2.8202
MA year 3 (1.7%)
1.0912
1.1471
1.2059
1.2668
1.3324
1.4004
Year 3 - Monthly Salary
13,267.62
13,947.51
14,662.21
15,403.01
16,200.34
17,026.67
Director of Economic
Development current monthly
13,096.64
13,750.54
14,437.28
15,159.28
15,917.72
16,712.62
current hourly
75.5546
79.3270
83.2888
87.4540
91.8295
96.4153
COLA year 1 (4%)
3.0222
3.1731
3.3316
3.4982
3.6732
3.8566
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
13,620.50
14,300.56
15,014.77
15,765.65
16,554.43
17,381.13
COLA year 2 (3%)
2.3573
2.4750
2.5986
2.7286
2.8651
3.0082
MA year 2 (1.52%)
1.1484
1.2058
1.2660
1.3293
1.3958
1.4655
Year 2 - Monthly Salary
14,228.18
14,938.59
15,684.66
16,469.04
17,293.02
18,156.60
COLA year 3 (3%)
2.4625
2.5854
2.7145
2.8503
2.9929
3.1424
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
14,655.03
15,386.75
16,155.20
16,963.11
17,811.81
18,701.30
Deputy Director of Human
Resources current monthly
9,171.08
9,629.44
10,110.70
10,616.04
11,146.62
11,703.70
691
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
38 current hourly
52.9080
55.5523
58.3287
61.2440
64.3049
67.5188
COLA year 1 (4%)
2.1163
2.2221
2.3331
2.4498
2.5722
2.7008
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,537.92
10,014.61
10,515.12
11,040.68
11,592.48
12,171.86
COLA year 2 (3%)
1.6507
1.7332
1.8199
1.9108
2.0063
2.1066
MA year 2 (3.1%)
1.6401
1.7221
1.8082
1.8986
1.9935
2.0931
Year 2 - Monthly Salary
10,108.36
10,613.56
11,144.01
11,700.99
12,285.80
12,899.83
COLA year 3 (3%)
1.7495
1.8369
1.9287
2.0251
2.1263
2.2326
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,411.61
10,931.97
11,478.33
12,052.02
12,654.37
13,286.82
Human Resources Analyst I current monthly
4,791.50
5,036.12
5,294.76
5,566.28
5,850.68
6,151.46
current hourly
27.6422
29.0534
30.5455
32.1119
33.7526
35.4878
COLA year 1 (4%)
1.1057
1.1621
1.2218
1.2845
1.3501
1.4195
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,983.16
5,237.56
5,506.55
5,788.93
6,084.70
6,397.51
COLA year 2 (3%)
0.8624
0.9065
0.9530
1.0019
1.0531
1.1072
MA year 2 (7%)
1.9350
2.0337
2.1382
2.2478
2.3627
2.4841
Year 2 - Monthly Salary
5,468.06
5,747.22
6,042.38
6,352.24
6,676.79
7,020.04
COLA year 3 (3%)
0.9464
0.9947
1.0458
1.0994
1.1556
1.2150
MA year 3 (6.27%)
1.7332
1.8216
1.9152
2.0134
2.1163
2.2251
Year 3 - Monthly Salary
5,932.53
6,235.40
6,555.63
6,891.81
7,243.93
7,616.34
692
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
39 Human Resources Technician current monthly
4,339.74
4,562.12
4,796.18
5,041.94
5,299.44
5,570.98
current hourly
25.0360
26.3189
27.6692
29.0870
30.5725
32.1390
COLA year 1 (4%)
1.0014
1.0528
1.1068
1.1635
1.2229
1.2856
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,513.33
4,744.60
4,988.03
5,243.62
5,511.41
5,793.81
COLA year 2 (3%)
0.7811
0.8211
0.8633
0.9075
0.9539
1.0027
MA year 2 (6.34%)
1.5873
1.6686
1.7542
1.8441
1.9383
2.0376
Year 2 - Monthly Salary
4,923.87
5,176.18
5,441.74
5,720.59
6,012.74
6,320.83
COLA year 3 (3%)
0.8522
0.8958
0.9418
0.9901
1.0406
1.0939
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
5,071.59
5,331.46
5,605.00
5,892.20
6,193.12
6,510.45
Human Resources Assistant II current monthly
3,313.32
3,483.02
3,660.92
3,849.34
4,045.98
4,254.28
current hourly
19.1146
20.0936
21.1199
22.2069
23.3413
24.5430
COLA year 1 (4%)
0.7646
0.8037
0.8448
0.8883
0.9337
0.9817
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,445.86
3,622.35
3,807.36
4,003.32
4,207.82
4,424.45
COLA year 2 (3%)
0.5964
0.6269
0.6589
0.6929
0.7282
0.7657
MA year 2 (7%)
1.3380
1.4066
1.4784
1.5545
1.6339
1.7180
Year 2 - Monthly Salary
3,781.17
3,974.83
4,177.85
4,392.87
4,617.27
4,854.99
COLA year 3 (3%)
0.6544
0.6879
0.7231
0.7603
0.7991
0.8403
MA year 3 (0.55%)
0.1051
0.1105
0.1162
0.1221
0.1284
0.1350
Year 3 - Monthly Salary
3,912.82
4,113.23
4,323.32
4,545.83
4,778.04
5,024.04
693
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
40 Human Resources Assistant I current monthly
3,006.68
3,161.16
3,322.68
3,493.56
3,672.60
3,861.06
current hourly
17.3456
18.2368
19.1686
20.1544
21.1873
22.2745
COLA year 1 (4%)
0.6938
0.7295
0.7667
0.8062
0.8475
0.8910
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,126.95
3,287.61
3,455.59
3,633.31
3,819.51
4,015.50
COLA year 2 (3%)
0.5412
0.5690
0.5981
0.6288
0.6610
0.6950
MA year 2 (7%)
1.2142
1.2766
1.3418
1.4108
1.4831
1.5592
Year 2 - Monthly Salary
3,431.23
3,607.52
3,791.85
3,986.85
4,191.18
4,406.24
COLA year 3 (3%)
0.5938
0.6244
0.6563
0.6900
0.7254
0.7626
MA year 3 (0.74%)
0.1284
0.1350
0.1418
0.1491
0.1568
0.1648
Year 3 - Monthly Salary
3,556.42
3,739.14
3,930.19
4,132.31
4,344.09
4,567.00
Senior Risk Analyst current monthly
7,347.58
7,722.10
8,118.86
8,534.34
8,972.06
9,432.00
current hourly
42.3882
44.5489
46.8378
49.2347
51.7599
54.4133
COLA year 1 (4%)
1.6955
1.7820
1.8735
1.9694
2.0704
2.1765
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
7,641.47
8,030.99
8,443.62
8,875.72
9,330.94
9,809.28
COLA year 2 (3%)
1.3225
1.3899
1.4613
1.5361
1.6149
1.6977
MA year 2 (0.52%)
0.2204
0.2317
0.2436
0.2560
0.2692
0.2829
Year 2 - Monthly Salary
7,908.92
8,312.08
8,739.15
9,186.37
9,657.53
10,152.61
COLA year 3 (3%)
1.3688
1.4386
1.5125
1.5899
1.6714
1.7571
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
8,146.19
8,561.44
9,001.32
9,461.96
9,947.25
10,457.18
694
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
41 Risk Analyst II current monthly
6,122.20
6,437.04
6,767.08
7,113.50
7,478.66
7,861.38
current hourly
35.3190
37.1353
39.0394
41.0379
43.1445
45.3524
COLA year 1 (4%)
1.4128
1.4854
1.5616
1.6415
1.7258
1.8141
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,367.08
6,694.51
7,037.77
7,398.05
7,777.81
8,175.84
COLA year 2 (3%)
1.1020
1.1586
1.2180
1.2804
1.3461
1.4150
MA year 2 (5.3%)
1.8719
1.9682
2.0691
2.1750
2.2867
2.4037
Year 2 - Monthly Salary
6,882.57
7,236.51
7,607.56
7,997.01
8,407.52
8,837.77
COLA year 3 (3%)
1.1912
1.2524
1.3166
1.3840
1.4551
1.5296
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
7,089.05
7,453.61
7,835.79
8,236.92
8,659.74
9,102.90
Risk Analyst I current monthly
4,791.50
5,036.12
5,294.76
5,566.28
5,850.68
6,151.46
current hourly
27.6422
29.0534
30.5455
32.1119
33.7526
35.4878
COLA year 1 (4%)
1.1057
1.1621
1.2218
1.2845
1.3501
1.4195
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,983.16
5,237.56
5,506.55
5,788.93
6,084.70
6,397.51
COLA year 2 (3%)
0.8624
0.9065
0.9530
1.0019
1.0531
1.1072
MA year 2 (7%)
1.9350
2.0337
2.1382
2.2478
2.3627
2.4841
Year 2 - Monthly Salary
5,468.06
5,747.22
6,042.38
6,352.24
6,676.79
7,020.04
COLA year 3 (3%)
0.9464
0.9947
1.0458
1.0994
1.1556
1.2150
MA year 3 (16.95%)
4.6854
4.9246
5.1775
5.4430
5.7211
6.0152
695
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
42 Year 3 - Monthly Salary
6,444.26
6,773.25
7,121.11
7,486.29
7,868.78
8,273.31
Risk/ Loss Control Officer current monthly
6,104.12
6,417.20
6,746.24
7,092.50
7,456.02
7,838.10
current hourly
35.2147
37.0209
38.9191
40.9167
43.0138
45.2181
COLA year 1 (4%)
1.4086
1.4808
1.5568
1.6367
1.7206
1.8087
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,348.28
6,673.89
7,016.09
7,376.20
7,754.25
8,151.63
COLA year 2 (3%)
1.0987
1.1551
1.2143
1.2766
1.3420
1.4108
MA year 2 (5.64%)
1.9861
2.0880
2.1950
2.3077
2.4260
2.5503
Year 2 - Monthly Salary
6,883.00
7,236.04
7,607.06
7,997.50
8,407.40
8,838.25
COLA year 3 (3%)
1.1912
1.2523
1.3166
1.3841
1.4551
1.5296
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
7,089.49
7,453.12
7,835.27
8,237.43
8,659.62
9,103.40
Director of Information
Technology current monthly
13,096.64
13,750.54
14,437.28
15,159.28
15,917.72
16,712.62
current hourly
75.5546
79.3270
83.2888
87.4540
91.8295
96.4153
COLA year 1 (4%)
3.0222
3.1731
3.3316
3.4982
3.6732
3.8566
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
13,620.50
14,300.56
15,014.77
15,765.65
16,554.43
17,381.13
COLA year 2 (3%)
2.3573
2.4750
2.5986
2.7286
2.8651
3.0082
MA year 2 (2.72%)
2.0551
2.1577
2.2655
2.3787
2.4978
2.6225
Year 2 - Monthly Salary
14,385.34
15,103.60
15,857.91
16,650.95
17,484.03
18,357.15
COLA year 3 (3%)
2.4897
2.6140
2.7445
2.8818
3.0260
3.1771
696
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
43 MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
14,816.90
15,556.70
16,333.65
17,150.48
18,008.55
18,907.87
Public Information Officer I current monthly
5,016.20
5,273.68
5,544.04
5,827.28
6,126.90
6,440.54
current hourly
28.9385
30.4239
31.9836
33.6176
35.3461
37.1555
COLA year 1 (4%)
1.1575
1.2170
1.2793
1.3447
1.4138
1.4862
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,216.85
5,484.63
5,765.80
6,060.37
6,371.97
6,698.16
COLA year 2 (3%)
0.9029
0.9492
0.9979
1.0489
1.1028
1.1593
MA year 2 (7%)
2.0257
2.1297
2.2389
2.3532
2.4742
2.6009
Year 2 - Monthly Salary
5,724.49
6,018.32
6,326.86
6,650.09
6,992.01
7,349.94
COLA year 3 (3%)
0.9907
1.0416
1.0950
1.1509
1.2101
1.2721
MA year 3 (23.27%)
6.7340
7.0796
7.4426
7.8228
8.2250
8.6461
Year 3 - Monthly Salary
7,063.49
7,426.06
7,806.76
8,205.60
8,627.50
9,069.15
Assistant Director of MUD current monthly
11,592.74
12,172.14
12,780.50
13,419.26
14,089.92
14,794.14
current hourly
66.8786
70.2212
73.7308
77.4158
81.2849
85.3475
COLA year 1 (4%)
2.6751
2.8088
2.9492
3.0966
3.2514
3.4139
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
12,056.45
12,659.03
13,291.72
13,956.02
14,653.52
15,385.90
COLA year 2 (3%)
2.0866
2.1909
2.3004
2.4154
2.5361
2.6628
MA year 2 (4.9%)
3.2771
3.4408
3.6128
3.7934
3.9830
4.1820
Year 2 - Monthly Salary
12,986.18
13,635.23
14,316.71
15,032.25
15,783.53
16,572.39
697
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
44 COLA year 3 (3%)
2.2475
2.3599
2.4778
2.6016
2.7317
2.8682
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
13,375.77
14,044.29
14,746.21
15,483.22
16,257.04
17,069.56
Chief Water Systems
Operator current monthly
8,581.82
9,022.22
9,485.10
9,970.46
10,480.96
11,019.22
current hourly
49.5086
52.0493
54.7196
57.5197
60.4648
63.5700
COLA year 1 (4%)
1.9803
2.0820
2.1888
2.3008
2.4186
2.5428
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,925.09
9,383.11
9,864.50
10,369.28
10,900.21
11,459.99
COLA year 2 (3%)
1.5447
1.6239
1.7073
1.7946
1.8865
1.9834
MA year 2 (0.05%)
0.0248
0.0260
0.0274
0.0288
0.0302
0.0318
Year 2 - Monthly Salary
9,197.14
9,669.12
10,165.18
10,685.35
11,232.45
11,809.30
COLA year 3 (3%)
1.5918
1.6734
1.7593
1.8493
1.9440
2.0438
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
9,473.05
9,959.19
10,470.13
11,005.91
11,569.43
12,163.58
Chief Plant Operator - Water current monthly
8,581.82
9,022.22
9,485.10
9,970.46
10,480.96
11,019.22
current hourly
49.5086
52.0493
54.7196
57.5197
60.4648
63.5700
COLA year 1 (4%)
1.9803
2.0820
2.1888
2.3008
2.4186
2.5428
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,925.09
9,383.11
9,864.50
10,369.28
10,900.21
11,459.99
COLA year 2 (3%)
1.5447
1.6239
1.7073
1.7946
1.8865
1.9834
MA year 2 (0.05%)
0.0248
0.0260
0.0274
0.0288
0.0302
0.0318
698
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
45 Year 2 - Monthly Salary
9,197.14
9,669.12
10,165.18
10,685.35
11,232.45
11,809.30
COLA year 3 (3%)
1.5918
1.6734
1.7593
1.8493
1.9440
2.0438
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
9,473.05
9,959.19
10,470.13
11,005.91
11,569.43
12,163.58
Chief Plant Operator -
Wastewater current monthly
8,581.82
9,022.22
9,485.10
9,970.46
10,480.96
11,019.22
current hourly
49.5086
52.0493
54.7196
57.5197
60.4648
63.5700
COLA year 1 (4%)
1.9803
2.0820
2.1888
2.3008
2.4186
2.5428
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,925.09
9,383.11
9,864.50
10,369.28
10,900.21
11,459.99
COLA year 2 (3%)
1.5447
1.6239
1.7073
1.7946
1.8865
1.9834
MA year 2 (0.05%)
0.0248
0.0260
0.0274
0.0288
0.0302
0.0318
Year 2 - Monthly Salary
9,197.14
9,669.12
10,165.18
10,685.35
11,232.45
11,809.30
COLA year 3 (3%)
1.5918
1.6734
1.7593
1.8493
1.9440
2.0438
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
9,473.05
9,959.19
10,470.13
11,005.91
11,569.43
12,163.58
Chief of Police current monthly
15,787.60
16,579.84
17,444.94
18,324.34
19,275.00
20,260.56
current hourly
91.0788
95.6493
100.6400
105.7133
111.1977
116.8833
COLA year 1 (4%)
3.6432
3.8260
4.0256
4.2285
4.4479
4.6753
Salary Adjustment year 1 (4.4%)
4.0075
4.2086
4.4282
4.6514
4.8927
5.1429
Year 1 - Monthly Salary
17,113.76
17,972.56
18,910.31
19,863.59
20,894.11
21,962.44
COLA year 2 (3%)
2.9619
3.1105
3.2728
3.4378
3.6161
3.8010
699
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
46 Salary Adjustment year 2 (1%)
0.9108
0.9565
1.0064
1.0571
1.1120
1.1688
Year 2 - Monthly Salary
17,785.05
18,677.53
19,652.07
20,642.74
21,713.68
22,823.92
COLA year 3 (3%)
3.0781
3.2325
3.4012
3.5726
3.7580
3.9501
Salary Adjustment year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
18,318.60
19,237.86
20,241.63
21,262.02
22,365.09
23,508.63
Deputy Chief of Police II current monthly
13,795.40
14,487.66
15,243.60
16,012.00
16,842.74
17,703.90
current hourly
79.5858
83.5794
87.9405
92.3734
97.1659
102.1340
COLA year 1 (4%)
3.1834
3.3432
3.5176
3.6949
3.8866
4.0854
Salary Adjustment year 1 (4.4%)
3.5018
3.6775
3.8694
4.0644
4.2753
4.4939
Year 1 - Monthly Salary
14,954.22
15,704.62
16,524.07
17,357.01
18,257.53
19,191.04
COLA year 2 (3%)
2.5881
2.7180
2.8598
3.0040
3.1598
3.3214
Salary Adjustment year 2 (1%)
0.7959
0.8358
0.8794
0.9237
0.9717
1.0213
Year 2 - Monthly Salary
15,540.80
16,320.63
17,172.23
18,037.84
18,973.68
19,943.81
COLA year 3 (3%)
2.6896
2.8246
2.9720
3.1218
3.2838
3.4517
Salary Adjustment year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
16,007.02
16,810.25
17,687.39
18,578.98
19,542.89
20,542.12
Deputy Chief of Police I current monthly
13,138.48
13,797.78
14,517.72
15,249.56
16,040.70
16,860.86
current hourly
75.7960
79.5995
83.7528
87.9748
92.5389
97.2705
COLA year 1 (4%)
3.0318
3.1840
3.3501
3.5190
3.7016
3.8908
Salary Adjustment year 1 (4.4%)
3.3350
3.5024
3.6851
3.8709
4.0717
4.2799
Year 1 - Monthly Salary
14,242.11
14,956.79
15,737.20
16,530.51
17,388.11
18,277.18
700
ATTACHMENT A
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 20263
47 COLA year 2 (3%)
2.4649
2.5886
2.7236
2.8609
3.0094
3.1632
Salary Adjustment year 2 (1%)
0.7580
0.7960
0.8375
0.8797
0.9254
0.9727
Year 2 - Monthly Salary
14,800.76
15,543.47
16,354.49
17,178.93
18,070.16
18,994.11
COLA year 3 (3%)
2.5616
2.6901
2.8305
2.9732
3.1274
3.2873
Salary Adjustment year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
15,244.78
16,009.78
16,845.13
17,694.29
18,612.27
19,563.93
Administrative Aide I
(Confidential) current monthly
4,421.84
4,648.56
4,886.10
5,136.82
5,399.54
5,676.64
current hourly
25.5096
26.8176
28.1880
29.6344
31.1500
32.7486
COLA year 1 (4%)
1.0204
1.0727
1.1275
1.1854
1.2460
1.3099
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,598.71
4,834.51
5,081.55
5,342.30
5,615.52
5,903.71
COLA year 2 (3%)
0.7959
0.8367
0.8795
0.9246
0.9719
1.0218
MA year 2 (5.48%)
1.3979
1.4696
1.5447
1.6240
1.7070
1.7946
Year 2 - Monthly Salary
4,978.99
5,234.28
5,501.76
5,784.07
6,079.88
6,391.90
COLA year 3 (3%)
0.8617
0.9059
0.9522
1.0011
1.0522
1.1062
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
5,128.35
5,391.31
5,666.81
5,957.59
6,262.28
6,583.66
701
ATTACHMENT B
CITY 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 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, 20252026, through June 30, 20262028. This agreement shall supersede all other existing agreements on these matters set forth herein.
702
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
CITY OF STOCKTON ii
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 ..................................................................................... 3334 Section 15. Salary Plan ................................................................................................ 36 Section 16. Separability of Provisions ...................................................................... 4039 Section 17. Practices and Eexisting Memoranda of Understanding ......................... 4039 Section 18. Scope of Agreement .............................................................................. 4039 Section 19. Duration of Agreement .......................................................................... 4039 Section 20. Maintenance of Operations ................................................................... 4140 Section 21. Bankruptcy ............................................................................................ 4241 703
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
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.
704
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
CITY OF STOCKTON 2
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 705
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
CITY OF STOCKTON 3
of the month will be processed no later than the first pay period of the second month. Example: Association notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(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, 706
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
CITY OF STOCKTON 4
with the designated management representatives prior to the adoption.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures 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 707
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
CITY OF STOCKTON 5
members.
708
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
CITY OF STOCKTON 6
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. 709
ATTACHMENT B
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2025 2026 – June 30, 20262028
CITY OF STOCKTON 7
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 711
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employees not having regular status shall be according to the following categories:
(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 712
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be reinstated to the higher classification before any new promotions can be made to that classification.
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.
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The Director of Human Resources shall have twenty (20) working days in which to investigate the issues and respond to the appeal. No grievance, 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.
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Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this -MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. No arbitrator selected pursuant to this section shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
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 718
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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.
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
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28 years plus 7 hours each additional year
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 721
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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.
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 their absence, the employee shall request authorization for such sick leave from the department head prior to such absence. In all other instances, the employee shall notify their supervisor as promptly as possible of their absence.
Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to their department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for their request to be evaluated.
If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head.
(e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than three (3) consecutive days, then a doctor's certificate or other reasonable proof of illness will be required by the department head.
The Police Chief may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the City may monitor and control 722
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the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification. (f) Use of Sick Leave while on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) was hospitalized during the period for which sick leave is claimed, or (2) received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave. 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
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(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after this date. (4) Service credit for unused sick leave shall be in accordance with PERS regulations.
9.3 Other Leaves With Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to the employee’s accumulated sick leave 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 724
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is required to appear for morning court session and is released before noon and not required to return to court in the afternoon, they shall work the remainder of their usual afternoon schedule.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City Treasurer through the employee's department.
Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is not a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of this section.
(c) Court Appearance Pay while in Off Duty Status. When an employee is required by proper authority to appear in court during off-duty hours, said employee shall receive compensation of three (3) hours at time and onehalf (1-1/2) or actual time worked at the appropriate rate, whichever is greater.
(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.
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All probationary employees inducted into the Military Service not having served the minimum probationary period of twelve (12) months, or having served the minimum probationary period of twelve (12) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular employee.
Two (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 paidmanagement 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 726
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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.
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 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 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.
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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.
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 729
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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. Other time taken as compensated time off not specifically identified above shall not be considered as time worked.
11.2 Authorization
The Chief of Police must personally approve any overtime pay for Police Management Unit employees.
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SECTION 12. HOLIDAYS
12.1 Holidays Observed by the City
(a) Effective upon the first full pay period following ratification for this 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 732
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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 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 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.
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to the number of hours of their scheduled shift.
SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Retirement Contribution Supplement
(a) Public Employees’ Retirement System (PERS). For classic members, the City shall contribute an amount equal to nine percent (9%) of the employee's current base salary and other compensation as qualified by State law toward PERS benefits. Such amounts will be applied to the employee's individual account in accordance with Government Code section 20691. (b) PERS Contribution. Classic members shall continue to pay nine percent (9%) toward the employer contribution of PERS. This section shall not be construed to permit employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 13.1(d).
Effective July 1, 2016, all employees (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, classic members will pay a total of twelve percent (12%) (nine percent (9%) plus three percent (3%)). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
(c) As soon as practicable, the City will modify its contract with CalPERS to provide for a twelve percent (12%) additional member contribution over and above normal contribution for classic members and a three percent (3%) additional member contribution over and above normal contribution for PEPRA members. Upon completion of the contract amendment process (including employee vote), the additional payment in section 13.1(b) shall cease.
(d) Employer Paid Member Contribution Converted to Pay Rate During the Final Compensation Period. The City will make application to PERS to provide California Government Code Section 20692 (Employer Paid Member Contributions Converted to Pay Rate during the Final Compensation Period) as an additional PERS benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.
At the beginning of employee’s last year of employment, the employee will pay their employees’ nine percent (9%) benefit cost through an automatic 734
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payroll deduction. The City will increase the base salary for those 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 Section 20692.
(e) Military Service Credit. The City will provide military service credit pursuant to the provisions of California Government Code Section 21024, formerly Section 20930.3 at the employee's expense.
(f) Credit for Unused Sick Leave. The City will provide PERS California Government Code Section 20965 (Credit for Unused Sick Leave) as added PERS benefits.
(g) Fourth Level of 1959 Survivor Benefits. The City provides PERS California Government Code Section 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the added PERS Administrative Board. (h) Service Retirement Plan Formula for Employees Hired on or before July 1, 2012. The City’s service retirement contract with PERS for safety members of this unit hired on or before July 1, 2012, is 3% @ age 50. (i) Service Retirement Plan Formula for Unit Employees Hired on or after August 16, 2013. The City contracted with PERS to provide a new second tier retirement program for persons hired on or after August 16, 2013, and employees hired after that date will receive only those optional benefits as provided for in that tier. Such employees shall pay nine percent (9%) of the employees’ current base salary towards the employee’s contribution towards PERS and any other compensation as qualified by state law towards PERS retirement benefits through a payroll deduction. (j) PERS Benefits for Employees hired on or after January 1, 2013. (1) Employees with Reciprocity. Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of 3% @ 50 with only the optional pension 735
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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%). (2) Employees without Reciprocity. Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension 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.
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13.6 Certificate Incentive Pay
(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 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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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. 738
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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 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 January 1, 2026, Tthe City shall contribute the following:
a. Up to $814 936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
b. Up to $1,4771,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
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c. Up to $1,9682,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more
dependents medical/dental/vision plan coverage.
(2) Effective January 1, 2027, the City contributes the following:
a. Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective January 1, 2028, the City contributes the following:
a. Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(2)(4) 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.
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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 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.
SECTION 15. SALARY PLAN
15.1 Salary
(a) Cost of Living Adjustment (COLA)
Effective the first full pay period following ratification by the City Council in open session, or the pay period including June 28, 2026 (whichever is later) September 1, 2025, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.
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Effective the first full pay period including June 27, 2027, 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 Market Adjustments
(a) Effective the first full pay period following ratification by the City Council in open session, or June 28, 2026, (whichever is later), all classifications in the bargaining unit will receive a two percent (2%) Market Adjustment increase to base pay.
(b) Effective the pay period of June 27, 2027, all classifications will receive a two percent (2%) Market Adjustment increase to base pay.
15.23 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.
15.34 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.
15.45 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 742
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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.
15.56 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.
15.67 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.
15.78 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.
15.89 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 743
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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.
15.910 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.
15.1011 Salary Step Advancement
Unit members will be required to serve six (6) months at each applicable salary step before advancing to the next step.
15.12 Additional Steps
The salary ranges for all classifications is set forth in the City’s Salary Schedule.
Effective the first full pay period following ratification by the City Council in open session, the City shall add three additional steps at two and a half percent (2.5%) each step. Progression in the additional steps will require one year of paid status within the step prior, (i.e. progression to Step 7 requires 1 year of service in Step 6 and progression to Step 8 requires 1 year of service in Step 7).
Step 8 Acceleration: Following ratification and adoption of this agreement, bargaining unit members who have been at Step 6 for more than 1 year shall progress as follows:
Bargaining unit members who have been at Step 6 for two years or more will be eligible to progress to Step 8;
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Bargaining unit members who have been at Step 6 for more than one (1) year, but less than two (2) years of service (at Step 6), shall immediately advance to Step 7 but shall receive credit for all prior service time accrued at Step 6 towards progression to Step 8. For example, a member who has 18 months of service at Step 6 shall be moved to Step 7 and then shall be moved to Step 8 after six additional months of service. Once advanced to Step 8, members shall thereafter progress to Step 9 upon completion of one (1) year of paid service in Step 8, consistent with the standard progression schedule.
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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 20262028.
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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 SPMA, 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 ____________, 20252026.
Stockton Police Management Association City of Stockton __________________________________ _______________________________ Timothy SwailsJonathan Swain William CrewJohnny Ford
President Acting City Manager
__________________________________ _______________________________ Bradley Burrell Rosemary RivasAlecia Figieroa
Vice President Acting 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 JonesMarci Arredondo
Labor Representative for Association Assistant City Attorney By:
_______________________________
Dania Torres-WongChe Johnson
Negotiator for the City
ATTEST:
_______________________________
Katherine Roland
City Clerk
749
City of Stockton Costing as of 6/30/2026
Unrep Mgmt - 2026 - Proposal Costing
Proposal # Description FY 2026-27 FY 2027-28 FY 2028-29 Term - 3 Years
Salary - COLA 3.5% Year 1, 2% Year 2, 2% Year 3 756,499 447,415 456,363 1,660,277 Salary Range Adjustment - Steps 7-9 183,378 471,954 827,877 1,483,209 Vacation Cash Out 424,197 432,682 441,335 1,298,214
Health Increase 4% Year 1, 2% Year 2, 2% Year 3 74,852 76,349 77,876 229,077 TOTAL 1,438,926 1,428,400 1,803,451 4,670,777
Funding Sources (Estimated):
Fund Fund Desc Year 1 Year 2 Year 3 Allocation
100 GENERAL FUND 645,803 641,079 809,405 44.88%
210 MEASURE M 1,258 1,249 1,577 0.09%
220 DEV SVS 84,089 83,474 105,391 5.84%
230 HOUSING F 10,512 10,435 13,175 0.73%
240 GAS TAX 4,061 4,031 5,090 0.28%
255 SOLIDWASTE 14,193 14,090 17,789 0.99%
260 OTH SP REV 366 363 459 0.03%
280 SPEC GRANT 72,865 72,332 91,324 5.06%
290 HOUSING ST 1,984 1,969 2,486 0.14%
310 PFF FUND 1,797 1,784 2,253 0.12%
400 DEBT SVC 23,660 23,487 29,654 1.64%
500 FLEET 6,072 6,027 7,610 0.42%
510 TECHNOLOGY 136,289 135,292 170,816 9.47%
520 GLI 92,337 91,662 115,729 6.42%
530 WC 26,809 26,613 33,601 1.86%
540 HEALTH 39,265 38,978 49,212 2.73%
570 REPRO 220 218 275 0.02%
600 WATER 109,247 108,448 136,923 7.59%
610 WASTEWATER 115,512 114,667 144,774 8.03%
620 STORMWATER 34,159 33,909 42,812 2.37%
630 PARK AUTH 18,428 18,293 23,096 1.28%
TOTAL 1,438,926 1,428,400 1,803,451 100.00%
Unrepresented Public Safety - 2026 - Proposal Costing
Proposal # Description FY 2026-27 FY 2027-28
Term - 2 Years
Salary - COLA 6% Year 1, 2% Year 2 236,003 83,388 319,391 Fire Chief Adjustment 87,040 - 87,040
Salary Range Adjustment - Steps 7-9 78,304 174,025 252,329 Vacation Cash Out 72,112 77,967 150,079
Uniform Allowance 3,200 3,200 6,400
Longevity 98,600 106,794 205,394
Health Increase 4% Year 1, 2% Year 2 6,048 5,397 11,445 TOTAL 581,307 450,771 1,032,078
Funding Sources (Estimated):
Fund Fund Desc Year 1 Year 2 Allocation
100 GENERAL FUND 495,622 384,327 85.26%
220 DEV SVS 85,685 66,444 14.74%
TOTAL 581,307 450,771 100.00%
Annual Cost Increase
Total
Annual Cost Increase
Total
ATTACHMENT C
750
Unrep - 2026 - Proposal Costing
Proposal # Description FY 2026-27 FY 2027-28 FY 2028-29 Term - 3 Years
Salary - COLA 3.5% Year 1, 2% Year 2, 2% Year 3 332,663 196,746 200,681 730,090 Salary Range Adjustment - Steps 7-9 63,349 142,655 244,175 450,179 Vacation Cash Out 181,943 185,581 189,294 556,818
Health Increase 4% Year 1, 2% Year 2, 2% Year 3 62,756 64,011 65,291 192,058 TOTAL 640,711 588,994 699,441 1,929,146
Funding Sources (Estimated):
Fund Fund Desc Year 1 Year 2 Year 3 Allocation
100 GENERAL FUND 429,684 395,001 469,071 67.06%
210 MEASURE M 7,786 7,157 8,500 1.22%
220 DEV SVS 13,111 12,053 14,313 2.05%
230 HOUSING F 1,065 979 1,163 0.17%
240 GAS TAX 324 297 353 0.05%
255 SOLIDWASTE 2,555 2,349 2,789 0.40%
260 OTH SP REV 182 167 199 0.03%
280 SPEC GRANT 16,435 15,108 17,941 2.57%
290 HOUSING ST 148 136 162 0.02%
310 PFF FUND 1,503 1,382 1,641 0.23%
400 DEBT SVC 2,528 2,324 2,760 0.39%
500 FLEET 4,119 3,786 4,496 0.64%
510 TECHNOLOGY 10,738 9,872 11,723 1.68%
520 GLI 35,100 32,267 38,318 5.48%
530 WC 30,550 28,084 33,351 4.77%
540 HEALTH 32,701 30,061 35,698 5.10%
550 RETIREMENT 9,114 8,378 9,949 1.42%
570 REPRO 411 378 449 0.06%
600 WATER 15,929 14,643 17,389 2.49%
610 WASTEWATER 20,816 19,136 22,724 3.25%
620 STORMWATER 4,907 4,511 5,357 0.77%
630 PARK AUTH 1,004 923 1,096 0.16%
TOTAL 640,711 588,994 699,441 100.00%
Police Management - 2026 - Proposal Costing Total
Proposal # Description FY 2026-27 FY 2027-28
Term - 2 Years
Salary - COLA 4% Year 1, 4% Year 2 393,247 408,977 802,224 Salary Range Adjustment - Steps 7-9 169,591 377,446 547,037 Health Increase 4% Year 1, 2% Year 2 16,632 16,965 33,597 TOTAL 579,470 803,388 1,382,858
Funding Sources (Estimated):
Fund Fund Desc Year 1 Year 2 Allocation
100 GENERAL FUND 579,470 803,388 100.0%
Annual Cost Increase
Annual Cost Increase
Total
Attachment C
751
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE UNREPRESENTED MANAGEMENT/
CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN AND THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND
THE STOCKTON POLICE MANAGEMENT ASSOCIATION AND AUTHORIZING ITS
IMPLEMENTATION
The City’s negotiating team met and conferred with officials of the Stockton Police Management Association and reached an agreement for a successor Memorandum of Understanding. On June 25, 2026, the SPMA ratified the agreement by a majority vote of their members; and
The City Council is responsible for establishing compensation and benefits for unrepresented employees. The City periodically reviews compensation and benefit programs for unrepresented employees to ensure alignment with the City's compensation philosophy, maintain internal equity, support recruitment and retention efforts, and ensure fiscal responsibility; and
The Human Resources and the Administrative Services Department have conducted a comprehensive review of the existing Unrepresented Employee Compensation Plan and the Stockton Police Management Association Memorandum of Understanding and have recommended revisions to salary, benefits, and administrative provisions; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Unrepresented Management/Confidential and Law Employees’ Compensation Plan and the Memorandum of Understanding between the City of Stockton and the Stockton Police Management Association is attached hereto as Exhibits 1 and 2 and made part hereof by this reference, is hereby approved, and adopted.
2. The same salary ranges and benefit provisions afforded to the miscellaneous unrepresented employees will be applicable to the unrepresented Council appointed positions of City Manager, City Attorney, and City Clerk. Additionally, the salary ranges for these positions will increase by the same percentage points as the Salary Step Plan for the miscellaneous unrepresented employees of 7.7%.
3. The City Manager is hereby authorized and directed to execute the Unrepresented Compensation Plan and the Stockton Police Management Association Memorandum of Understanding to be effective July 1, 2026. 752
4. The City Manager is hereby authorized and directed to increase expenditure appropriations in the annual budget for Fiscal Year 2026-27, as necessary to carry out the intent of the agreements as shown in Exhibit 3.
5. The City Manager and the Acting Director of Human Resources are authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED July 7, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE D. ROLAND, CMC, CPMC
City Clerk of the City of Stockton
753
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 1
Date Modified: July 1, 2026
COMPREHENSIVE SUMMARY OF
CITY OF STOCKTON
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW
EMPLOYEES’
COMPENSATION PLAN
The City's Unrepresented Management/Confidential employees designated Management MA (Department Heads), Management MV (Assistant Department Heads and other Middle-Management), Confidential MW (Administrative/Support Staff in the City Manager's Office, the Human Resources Department, and the City Auditor’s Office), Law Department employees designated “Executive Plan” (EP), “Professional Plan” (PP), and “Support Plan” (SP) are hereby accorded compensation and benefits as outlined in this Plan consistent with the Stockton City Council's objective to fairly and equitably provide for its Unrepresented Management/Confidential and Law employees.
The Unrepresented Management/Confidential and Law Employees’ Compensation Plan, as amended shall be effective July 1, 2026.
754
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 2
Date Modified: July 1, 2026
TABLE OF CONTENTS
Section Section Title Page
Section 1. Retirement Benefits............................................................................ 3 Section 2. Group Life Insurance Coverage ......................................................... 7 Section 3. Long Term Disability (LTD) Insurance Coverage ............................... 7 Section 4. Health and Dental Insurance.............................................................. 8 Section 5. Holidays............................................................................................ 10 Section 6. Vacation Leaves............................................................................... 11 Section 7. Mileage Reimbursement for Private Vehicle Use ............................. 14 Section 8. Sick Leave........................................................................................ 14 Section 9. Longevity Pay (Professional Growth Pay) ........................................ 15 Section 10. Other Leaves With Pay .................................................................. 16 Section 11. Workers' Compensation Leave....................................................... 17 Section 12. Leave of Absence........................................................................... 18 Section 13. Salary Plan..................................................................................... 19 Section 14. Work Schedule ............................................................................... 22 Appendix A. Rates of Pay .................................................................................. 24 755
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 3
Date Modified: July 1, 2026
The Unrepresented Management/Confidential and Law Employees’ Compensation Plan, consists of a salary administration program and certain benefits specific to six (6) categories of non-represented employees listed in this Plan. This Plan shall be administered by the City Manager who is the City Council's designated representative for determining compensation and benefits for regular status Unrepresented Management/Confidential and Law Employees.
Management Plan "MA" includes the Assistant City Manager, Deputy City Managers and Department Heads. Management Plan "MV" includes Assistant Department Heads, other Middle-Management classifications and the Liability Claims Investigator I/IIs. Confidential Plan "MW" includes other administrative and support staff in the City Manager's Office, City Auditor’s Office, City Clerk’s Office, and the departments of Human Resources, Administrative Services, Municipal Utilities, Fire, and Police. Executive Plan “EP” includes the City Attorney and the Assistant City Attorney. Professional Plan “PP” includes the Deputy City Attorneys. Support Plan “SP” includes all other Law Department personnel.
Unless specifically identified, all terms of this Compensation Plan apply to all groups listed above.
Section 1. Retirement Benefits
1.1 Retirement Benefits
(a) Effective August 1, 2011, Classic miscellaneous employees covered by this Plan shall pay their own statutory employee contribution. Employees will pay seven percent (7%) of their current base salary and other compensation as qualified by state law toward Public Employees’ Retirement System (PERS) for the employee’s PERS contribution.
(b) Under IRS 414h, previously adopted by resolution by the City, the employee’s payment of their own statutory employee contribution will be paid by the employee on a pre-tax basis. Such amounts will be applied to the employee's individual accounts in accordance with California Government Code section 20691.
(c) Classic Police Safety Management Employees- Effective September 16, 2019, the City shall pay all of the normal contributions required to be paid by the member. The amount shall be equal to nine percent (9%) of the Classic Police Safety Management employee’s current “reportable” base salary and other “reportable” special compensation as qualified by California Public Employees’ Retirement Law and California Code of Regulations. Such amounts shall be reported simply as normal contributions and shall be credited to the member’s individual accounts in accordance with Government Code section 20691 (Employer Payment of Member Contributions or EPMC).
756
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 4
Date Modified: July 1, 2026
(d) Classic Police Safety Management Employees- Effective September 16, 2019, employees shall pay nine percent (9%) toward the employer’s contribution of PERS. This section shall not be construed to permit Police Safety Management employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 1.1(c).
1.2 Public Employees’ Retirement System Benefits for Unit Employees hired on or before December 28, 2012.
(a) The City's PERS retirement plan for miscellaneous employees is two percent (2%) at age fifty-five (55) and for safety employees is three percent (3%) at age fifty (50). The City's PERS retirement plan is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Military Service Credit for Retired Persons), as hereinafter may be amended. The City provides PERS California Government Code section 20692 (Employer Paid Member Contributions Converted to Pay rate during the Final Compensation Period) as an added PERS benefit. Internal Revenue Service (IRS) Code 414H(2) will be concurrently implemented with PERS California Government Code section 20692. The City provides PERS California Government Code section 20965 (Credit for Unused Sick Leave) as an added PERS benefit, and the City will provide PERS California Government Code section 21335 up to a five percent (5%) Annual Cost-of-Living Allowance, as an added PERS benefit.
(b) The City’s PERS retirement plan for safety employees shall be the same plan in effect for other similar safety employees in other units.
1.3 PERS Cost sharing for Sworn Fire Unrepresented Employees.
Pursuant to the cost share provisions proposed and agreed to by the Fire and Fire Management bargaining units, the Sworn Fire Unrepresented employees shall have a PERS cost sharing arrangement effective with the adoption of the PERS 20516 contract amendment.
(a) PERS 20516 Employee Cost-Share of Employer Contribution.
The parties understand a vote of all individuals covered by the CalPERS agreement is required to implement this CalPERS contract amendment.
Upon successful vote by the covered individuals, the City shall implement the cost sharing amendment under Government Code section 20516 as soon as possible consistent with CalPERS regulation. The City’s contract with CalPERS will be amended to allow for cost sharing for sworn Fire personnel up to a maximum of 14.138%. In accordance with CalPERS 757
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 5
Date Modified: July 1, 2026
regulations, all employees covered by the Fire group under the PERS contract must be treated equally with respect to cost sharing provisions.
Through the cost share provisions, sworn fire employees are to pay nine percent (9%) towards employer’s required PERS contribution.
The City is implementing this CalPERS contract amendment with the following understandings as listed in sections 1.3 (b) and (c) below. (b) Cost Sharing for the Employer's Pick-up of the Employee's Nine Percent (9%) PERS Contribution.
The employee will cost share an employee contribution in the amount of nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by PERS towards the employer’s share of cost for PERS pension on a pre-tax basis. If PERS determines that the maximum contribution through a PERS 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 City shall deduct the percentage up to nine percent (9%) not covered by the PERS amendment process through a payroll reduction. If legislation is enacted and becomes effective requiring employees under the PERS retirement system to pay all or part of the employees share of retirement thus reducing or eliminating EPMC (Employer Paid Member Contribution), as soon as administratively possible and consistent with PERS regulations, employee’s contribution will be converted to the employers’ share under this 20516 cost share contract amendment to the employee share towards retirement for the percentage required by the new legislation.
(c) Cost Sharing Period
Effective July 1, 2015, the employer cost-share contributions made by these employees will be nine percent (9%).
1.4 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012.
The City amended its PERS contract to provide a new tier of retirement benefits for employees hired by the City after the PERS amendment goes into effect. (a) For Miscellaneous employees, the new tier shall have a retirement formula of two percent (2%) at sixty (60) with three (3) year average salary formula, standard PERS COLA, and no other additional PERS benefits for all unit employees. All unit employees shall pay the entire seven percent (7%) of the employee’s current base salary and any other compensation as 758
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 6
Date Modified: July 1, 2026
qualified by state law towards PERS retirement benefit through a payroll deduction.
(b) PERS Benefits for Miscellaneous Employees hired on or after January 1, 2013.
Employees with Reciprocity:
Employees who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall be subject to the PERS pension formula of two percent (2%) at sixty (60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of seven percent (7%).
Employees without Reciprocity:
Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of two percent (2%) at sixty-two (62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City normal cost rate for the two percent (2%) at sixty-two (62) as determined by CalPERS.
(c) PERS Benefits for Safety Employees
The new tiers for Safety employees shall be the same as the Fire employees or Police employees as appropriate under the applicable PERS contract.
Employees with Reciprocity:
Safety employees who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall pay the entire nine percent (9%) of the employee’s current base salary and any other compensation as qualified by state law towards PERS retirement benefit through a payroll deduction.
Employees without Reciprocity:
Safety employees hired on or after January 1, 2013 shall be subject to the AB340 PERS and shall pay fifty percent (50%) of the City normal cost rate for their applicable PERS contract as determined by CalPERS. The City 759
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 7
Date Modified: July 1, 2026
provides PERS California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as an added PERS benefit.
1.5 PERS Pick-Up Contribution for Police Chief and Deputy Police Chiefs Effective July 1, 2016, unrepresented police personnel (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).
Section 2. Group Life Insurance Coverage
Each participant in the program will receive group life insurance coverage paid for by the City of Stockton.
The City shall provide, at no cost to the employee, a term life and accidental death and dismemberment insurance policy with a value of fifty thousand dollars ($50,000). In addition, employees may have the opportunity to purchase additional voluntary life insurance through the City’s IRS 125 plan vendor.
Section 3. Long Term Disability (LTD) Insurance Coverage Employees covered by this Compensation Plan, except as provided below will receive long term disability insurance coverage. The benefits of this plan shall be included in the Plan document or contract but are generally summarized as follows:
(a) Each disability approximately sixty-six and two thirds percent (66 2/3%) of salary for MA, MV, MW, EP, PP, and SP employees up to the maximum salary replacement amount as specified in the City’s long-term disability plan.
(b) Disability income payments shall commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable up to age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) days waiting period.
(e) Effective May 1, 2010, Fire Management will receive LTD insurance coverage through the California Association of Professional Firefighters.
The City pays the cost of the insurance premium.
760
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 8
Date Modified: July 1, 2026
Section 4. Health and Dental Insurance
4.1 Employee Coverage
(a) Choice of Health Plans. Employees covered by this Compensation Plan shall have a choice of enrolling themselves and their eligible dependents in any of the City-sponsored medical, dental, and vision plans. Each plan will offer an employee only, employee plus one (1), and employee plus two (2) or more dependents coverage.
(b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following the date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber 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 City-offered health plan). (c) City Insurance Contribution.
(1) The City contributes the following:
Up to $936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(2) Effective January 1, 2027, the City shall contribute the following:
Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
761
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 9
Date Modified: July 1, 2026
Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(3) Effective January 1, 2028, the City shall contribute the following:
Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(4) Effective January 1, 2029, the City shall contribute the following:
Up to $1,012.88 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,837.86 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,448.82 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(d) 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. The employee, through payroll deductions, shall pay insurance plan premiums that exceed the City’s monthly contribution.
The City shall maintain its IRS Section 125 Plan to allow for employee contributions for medical/dental/vision to be pre-tax premium conversion. (e) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, dental, and vision plans provided by the 762
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 10
Date Modified: July 1, 2026
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.
4.3 Health and Welfare Benefits During Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
Section 5. Holidays
5.1 Qualifying for Holiday Pay
All regular status employees, excluding provisional and temporary employees, shall be entitled to take all authorized holidays at full pay not to exceed the employee’s regular workday (e.g. nine (9) hours on a nine (9) hour workday or eight (8) hours on an eight (8) hour workday on the 9/80 schedule) for each of the holidays listed below.
5.2 Holidays Observed by the City
(1) January 1……………………………………………………….New Year's Day
(2) Third Monday in January………………......Martin Luther King Jr.’s Birthday (3) Second Monday in February ………………….……………Lincoln's Birthday (4) Third Monday in February ………………………........Washington's Birthday (5) Last Monday in May…………………………….………………..Memorial Day
(6) July 4………………………………………………………...Independence Day
(7) First Monday in September……………………….…………………Labor Day (8) Second Monday in October ………………………..Indigenous Peoples Day (9) November 11………………………………….…….………..…..Veteran's Day
(10) Fourth Thursday in November………………………………....Thanksgiving (11) Fourth Friday in November………………………….Day after Thanksgiving (12) December 25…………………………….……………………..Christmas Day
If any of said holidays fall on a Sunday, the following Monday shall be observed as a holiday. If any of said holidays fall on a Saturday, the preceding Friday shall be observed as a holiday.
In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
5.3 Floating Holidays
763
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 11
Date Modified: July 1, 2026
Employees accrue two (2) workdays of floating holiday hours annually on January 1 to a maximum of two (2) workdays. Upon separation, any accrued and unused floating holiday hours will be cashed out at the employee’s current straight rate of pay.
5.4 Compensation for Holidays Worked
Prior approval for holiday work must be secured from the City Manager except in emergency situations where said approval cannot be obtained beforehand.
If an employee works on a holiday, the employee will receive a regular workday worth of holiday pay at their straight time rate of pay, actual hours worked will be paid at the time and one half and holiday hours will not be counted as time worked.
If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s normal workday).
5.5 Police Chief and Deputy Police Chiefs Holiday Compensation The Police Chief and Deputy Police Chiefs shall receive a five percent (5%) base pay increase effective September 16, 2019, in exchange for eliminating the holiday in lieu add pay.
When the Police Department Administrative offices are closed on a regularly scheduled work day, staff 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, staff may be scheduled to work on a day when the Police Department offices are closed. In the event the Police Chief or Deputy Chief is scheduled to work on a day when the Police Department offices are closed, they will not be required to use vacation and will be paid for actual hours worked at straight time.
Section 6. Vacation Leaves
The following shall be the vacation leave benefits for all employees covered by this Plan.
For purposes of determining eligibility for sections 6(a) and (b) below, all department heads and Deputy City Managers (MA and EP employees) are to be considered as having been employed by the City of Stockton for at least seven and one-half (7.5) years and shall receive benefits based on that number of years of service. For purposes of determining eligibility for sections 6(a) and (b) all assistant department heads and midmanagement (MV and PP employees) are to be considered as having been employed by the City of Stockton for at least one and one-half (1.5) years and shall receive benefits based on that number of years of service.
764
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 12
Date Modified: July 1, 2026
(a) Vacation Accrual.
FLSA non-exempt employees. All regular status employees that are FLSA overtime non-exempt, excluding provisional and temporary, shall accrue vacation leave per pay period with pay in accordance with the following schedule:
(1) Less than one and a half (1.5) years continuous
employment………………………………………3.08 hours.
(2) After one and a half (1.5) to seven and a half (7.5) years continuous employment………………..4.15 hours.
(3) After seven and a half (7.5) to fifteen (15) years continuous employment……………………….5.54 hours.
(4) After fifteen (15) to twenty-five (25) years continuous employment……………………………………..7.27 hours.
(5) Thereafter, zero point two seven (0.27) additional hours for each completed year of service in excess of twenty-five (25) years.
FLSA exempt employees. All regular status employees that are FLSA overtime exempt, excluding provisional and temporary, shall accrue vacation leave per pay period with pay in accordance with the following schedule:
(1) Less than one and a half (1.5) years continuous
employment……………………………………..4.62 hours.
(2) After one and a half (1.5) to seven and a half (7.5) years continuous employment………………..5.69 hours.
(3) After seven and a half (7.5) to fifteen (15) years continuous employment……………………….7.23 hours.
(4) After fifteen (15) to twenty-five (25) years continuous employment……………………………………..8.81 hours.
(5) Thereafter, zero point two seven (0.27) additional hours for each completed year of service in excess of twenty-five (25) years.
Employees shall accrue their vacation allowance on a per pay period basis. 765
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 13
Date Modified: July 1, 2026
(b) Maximum Vacation Accrual. Employees reaching the maximum hours shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances.
Maximum Vacation Accrual Caps.
40 hour employee (FLSA non-exempt employee)
Under 1.5 yrs. 120 hours
1.5-7.5 yrs. 240 hours
7.5-15 yrs. 280 hours
15-25yrs. 320 hours
26 yrs. 328 hours
27 yrs. 336 hours
28 yrs. 344 hours
29 yrs. 352 hours
Over 29 years shall receive an additional 7 hours for each year of service.
40 hour employee (FLSA exempt employee)
Under 1.5 yrs. 200 hours
1.5-7.5 yrs. 320 hours
7.5-15 yrs. 360 hours
15-25yrs. 400 hours
26 yrs. 408 hours
27 yrs. 416 hours
28 yrs. 424 hours
29 yrs. 431 hours
Over twenty-nine (29) years shall receive an additional seven (7) hours for each year of service.
(c) Vacation Scheduling. Vacation leaves shall be scheduled with due consideration for the wishes of the employee and to not interfere with the normal operation of the City business. Vacation requests are accepted on a day for day basis.
(d) Holiday during Vacation. If any such paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(e) Vacation Sellback. During the month of December, employees may make an irrevocable election to cash out up to one hundred and twenty (120) hours of vacation leave for the succeeding calendar year. Employees that cash out a portion of their vacation accrual will be paid on the first check in December of the following calendar year. Payments are subject to all 766
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 14
Date Modified: July 1, 2026
applicable payroll taxes and withholding.
(f) Vacation Cash Out Upon Separation. An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the straight time 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.
Section 7. Mileage Reimbursement for Private Vehicle Use The private vehicle mileage reimbursement will be paid to employees who use their private vehicle for City business travel within the City or out of the City limit. Such usage must be documented. Mileage reimbursement for use of personal vehicle shall be compensated at the current Internal Revenue Service (IRS) rate.
Reimbursement for average mileage on City business greater than 1,000 miles per month will be determined by the City Manager, provided no such reimbursement shall exceed IRS mileage reimbursement rate then in effect.
Section 8. Sick Leave
8.1 Sick Leave Use
Accrual. All regular status full-time employees, except provisional and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
All regular status employees, except provisional and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay.
8.2 CalPERS Service Credit for 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. 767
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 15
Date Modified: July 1, 2026
Section 9. Longevity Pay (Professional Growth Pay)
Effective August 1, 2011, all longevity pay shall be eliminated for all employees covered by this Plan. However, the City shall grandfather only those employees who have completed twelve (12) continuous years of service with the City as of July 1, 2012, and who are receiving a Longevity Pay of two and one-half percent (2.5%) as of that date.
Employees as of August 1, 2011 receiving a higher Longevity Pay based on benefits received by another unit shall also be grandfathered but they shall have their current Longevity Pay reduced by two and one-half percent (2.5%) and then frozen at those levels at that time. As of July 1, 2012, longevity incentive pay allowance for these grandfathered employees shall be reduced to one and one-half percent (1.5%). Employees receiving a higher Longevity Pay based on benefits received by another unit shall have their remaining longevity reduced by one percent (1.%) effective July 1, 2012.
Unrepresented Police Safety personnel will receive the same longevity incentive pay allowance as the Stockton Police Management Association members, as follows:
(a) If the Unrepresented Police Safety employee is not otherwise eligible for the grandfathered Unrepresented Longevity Pay, the City shall pay three-quarters of one percent (.75%) of base salary for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(b) 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.
(c) 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.
Unrepresented Police and Fire Safety personnel will receive the same longevity incentive pay allowance as the Stockton Police Management Association and the Stockton Firefighters’ Local 456 Fire Management members, as follows:
(a) Employees with five (5) years of paid service with the City shall receive additional compensation in the amount of two percent (2%) above their hourly rate of pay, paid on a per pay period basis.
(b) Employees with ten (10) years of paid service with the City shall receive an additional two percent (2%) above their hourly rate of pay (four percent (4%) combined total), paid on a per pay period basis.
(c) Employees with fifteen (15) years of paid service with the City shall receive an additional two percent (2%) above their hourly rate of pay (six percent (6%) combined total), paid on a per pay period basis.
768
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 16
Date Modified: July 1, 2026
(d) Employees with twenty (20) years of paid service with the City shall receive an additional two percent (2%) above their hourly rate of pay (eight percent (8%) combined total), paid on a per pay period basis.
Section 10. Other Leaves With Pay
10.1 Bereavement Leave. In the event of a death of an immediate family member, the employee will be granted up to five (5) days bereavement leave. The City provides paid bereavement leave for the first three (3) days. The employee may use any other paid leave for the remaining two (2) days bereavement leave. Immediate family is restricted to the employee’s parents, current step parents, spouse, parentin-law, child, stepchild, sibling, son-in-law, daughter-in-law, brother-in-law, sister-inlaw, grandparent, grandchild, and registered domestic partner.
In the event of the death of a person that is not an immediate family member, the employee's department head may grant up to three (3) days of unpaid bereavement leave The employee must use accumulated sick leave or vacation leave.
10.2 Jury Duty Leave/Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
Said covered absence will be for actual hours served (including travel time) on jury duty or testifying as a witness in a criminal case, other than a defendant. Authorized absence for jury or court leave shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work their usual morning schedule.
Upon being excused from the court each day, the employee must return to work if they have more than two (2) hours remaining before the end of their workday.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City through the employee's department.
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 769
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 17
Date Modified: July 1, 2026
involved, shall not be considered absent from work within the meaning of this Section.
10.3 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 a 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.
All probationary employees inducted into the Military Service not having served the minimum probationary period of six (6) months, shall be allowed a leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular status employee.
Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
10.4 Management Time Leave. The Chief of Police, Deputy Chief of Police II, Deputy Chief of Police I, Fire Chief, and Deputy Fire Chief shall receive 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 or be used for sellback purposes. Any time remaining will be paid out annually on the last check in June.
10.5 State Disability Insurance. As soon as administratively possible after approval of the amended Unrepresented Compensation Plan by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employee contributions will begin under the State Disability Insurance (SDI) program offered by the State of California Employment Development Department. SDI will be coordinated with other benefits.
Section 11. Workers' Compensation Leave
11.1 Workers’ Compensation Leave
770
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 18
Date Modified: July 1, 2026
(a) Workers' Compensation Benefits shall be provided in accordance with State law and schedules whenever an employee is absent from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers' Compensation Law. Any salary continuation program benefits that are in addition to the State benefits that were in effect on July 31, 2011 shall be eliminated effective August 1, 2011. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources Department.
Section 12. Leave of Absence
12.1 Leave of Absence
Employees shall not be entitled to leave 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 same 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 Director of Human Resources, whose ruling shall be final.
(a) Purpose and Length. Only employees occupying regular positions on a regular basis are eligible for leaves of absence without pay under the provisions of this section.
An appointing authority may grant leave of absence without pay for personal reasons up to a maximum of twelve (12) months with approval of the Director of Human Resources.
771
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 19
Date Modified: July 1, 2026
Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with approval of the Director of Human Resources.
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 Leave of Absence Without Pay.
Employees shall not be entitled to Leave of Absence Without Pay as a matter of right, but only upon the determination of the City that it is in the best interest of public service and that there is a presumption that the employee intends to return to work upon the expiration of the leave of absence. In order to receive leave without pay, an employee must submit a request on the prescribed form to their department head and the Director of Human Resources 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 cancelled by the department at any time.
(c) Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.
The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the full 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 any 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 adjustment.
12.2 Absence Without Official Leave (AWOL)
(a) Failure to Report to Duty or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or cancelled or at the expiration for a leave shall be considered an absence without official leave and the employee shall be subject to discipline.
772
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 20
Date Modified: July 1, 2026
(b) Voluntary Resignation. Any employee without official 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.
Section 13. Salary Plan
For a current Salary Schedule, please visit www.stocktonca.gov.
13.1 Salary Increases – Miscellaneous Employees
(a) Effective July 1, 2026, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) to base pay and a one and a half percent (1.5%) market adjustment.
(b) Effective July 1, 2027, employees will receive a two percent (2%) COLA to base pay.
(c) Effective July 1, 2028, employees will receive a two percent (2%) COLA to base pay.
13.2 Salary Increases – Safety Sworn Employees
(a) Effective July 1, 2026, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) to base pay and a four percent (4%) market adjustment.
(b) Effective July 1, 2027, employees will receive a two percent (2%) COLA to base pay.
13.3 Salary Step Plan
Salary step increases will 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 will be as of that date.
The Salary Schedule consists of nine (9) steps, with five percent (5%) between steps one (1) and six (6), and a two and a half percent (2.5%) between steps seven (7) and nine (9).
13.4 Salary Step after Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher 773
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 21
Date Modified: July 1, 2026
rank and at the time of promotion is receiving a base salary equal to, or greater than, the minimum base step rate for the higher rank, that employee shall be entitled to a step in the 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 demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the class to which demoted.
13.5 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 after five (5) days 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.
The increased rate of pay will commence with the first day of the assignment; however, to qualify the employee must meet the above conditions before being eligible for Acting Pay.
13.6 Pay Equity Adjustments
The City recognizes that there may be a need for special salary adjustments for selected classifications as a result of recruitment problems, reclassifications, and/or organizational changes. The City, in its sole discretion, may make such adjustments.
13.7 Special Assignment Pay
The department head, with the concurrence of the Director of Human Resources may approve additional compensation in an amount not to exceed one (1) additional salary step when an employee is assigned to perform additional duties and responsibilities for the duration of the special assignment.
13.8 Temporary Upgrade Pay
Hourly or daily rate of pay upgrade for employees who are assigned to temporarily perform the duties of other employees of a higher level classification. The employee must not perform any of the duties for their own job classification while working in the higher level classification.
13.9 Salary Step after Military Leave
774
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 22
Date Modified: July 1, 2026
All employees who have been granted military leave shall, upon their return to 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.
13.10 Uniform Allowance
Employees in the following classifications receive the following uniform allowance per pay period:
o Chief of Police - $61.54
o Deputy Chief of Police II - $61.54
o Deputy Chief of Police I - $61.54
o Fire Chief - $53.85
o Deputy Fire Chief $53.85
13.11 Certificate Incentive Pay-Sworn
(a) Police Chief and Deputy Police Chiefs. The City shall pay eleven percent (11%) of top salary step in rank for sworn Police personnel who attain a P.O.S.T. Management certificate or higher upon completion of management course.
(b) Fire Chief and Deputy Fire Chiefs. The City shall pay eleven percent (11%) of top salary step in rank for sworn Fire personnel who obtain and maintain a California Fire Officer 3 (FO3) or Chief Fire Officer certification.
13.12 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Unrepresented Compensation Plan 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 Unrepresented Compensation Plan is outside of the City’s control.
Section 14. Work Schedule
14.1 Employees in FLSA exempt job classifications shall not be eligible for overtime for extra hours worked to perform duties of their assigned position.
14.2 Department heads are responsible for personally approving any overtime pay for FLSA non-exempt employees within their respective departments, with a report submitted to the City Manager at the end of each pay period explaining the overtime.
14.3 Overtime
775
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2026
23 Non-exempt employees will receive overtime at the appropriate rate when authorized in writing by the department head prior to the overtime worked. The following provisions pertaining to authorized statutorily required overtime work shall apply to FLSA non-exempt employees:
(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one-half (1-1/2) including employees employed on a per hour or per day basis or except as provided elsewhere herein. Observed holidays, floating holidays, jury duty leave, bereavement leave, and sick leave hours taken shall be considered as time worked for overtime calculation purposes.
Vacation, or other time taken as compensated time off shall not be considered as actual time worked for overtime calculation purposes. (b) Employees assigned to an alternate work schedule (e.g. 4/10, 9/80, etc.) shall be compensated at the overtime rate for all time worked in excess of their regularly scheduled hours.
(c) Temporary Upgrade Pay. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
14.4 Compensatory Time Off (CTO)
(a) Definition. As used in this section, the term Compensatory Time Off (CTO) refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or excess of their normal work schedule.
For the purpose of this section, CTO shall apply only to Non-Exempt employees.
(b) CTO in Lieu of Overtime Compensation. Employees may voluntarily elect to receive overtime compensation in the form of CTO at the rate of one and one-half (1-1/2) hours of CTO for each hour of overtime. (c) No more than one-hundred (100) hours of CTO may be carried on the books at any time. Once one hundred (100) hours of CTO is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid to the employee. At the end of each calendar year, all CTO will be carried forward (forty (40) hours maximum).
Any CTO balance in excess of forty (40) hours remaining at the end of the calendar year will automatically be paid to the employee. 776
EXHIBIT 1
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2026
24 Appendix A. Rates of Pay
(a) Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary scheduled for their classification.
(b) Straight Time Rate of Pay: The employees Straight Time Rate of Pay includes the employee’s base rate of pay plus all percentage’ based add pays. (c) Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
777
EXHIBIT 2
CITY 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 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, 2026, through June 30, 2028. This agreement shall supersede all other existing agreements on these matters set forth herein. 778
EXHIBIT 2
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2026 – June 30, 2028
CITY OF STOCKTON ii
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......................................................................................... 33 Section 15. Salary Plan................................................................................................ 36 Section 16. Separability of Provisions .......................................................................... 40 Section 17. Practices and Existing Memoranda of Understanding............................... 40 Section 18. Scope of Agreement.................................................................................. 40 Section 19. Duration of Agreement .............................................................................. 40 Section 20. Maintenance of Operations ....................................................................... 41 Section 21. Bankruptcy ................................................................................................ 42 779
EXHIBIT 2
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2026 – June 30, 2028
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.
780
EXHIBIT 2
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2026 – June 30, 2028
CITY OF STOCKTON 2
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 781
EXHIBIT 2
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2026 – June 30, 2028
CITY OF STOCKTON 3
the second month. Example: Association notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(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. 782
EXHIBIT 2
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2026 – June 30, 2028
CITY OF STOCKTON 4
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the 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. 785
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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) 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 788
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made to that classification.
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 792
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which to investigate the issues and respond to the appeal. No grievance, 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 793
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supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this -MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. No arbitrator selected pursuant to this section shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
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 794
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taken unless it is determined that the employee is not availing themselves of such option.
No action under paragraph (d) of subsection 8.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if 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.
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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, 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 department head.
The Police Chief may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification. 798
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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. 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. 799
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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 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.
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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 section.
(c) Court Appearance Pay while in Off Duty Status. When an employee is required by proper authority to appear in court during off-duty hours, said employee shall receive compensation of three (3) hours at time and onehalf (1-1/2) or actual time worked at the appropriate rate, whichever is greater.
(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 801
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served the minimum probationary period of twelve (12) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular employee.
Two (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 paidmanagement 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 802
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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.
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 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 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 803
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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 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. Other time taken as compensated time off not specifically identified above shall not be considered as time worked.
11.2 Authorization
The Chief of Police must personally approve any overtime pay for Police Management Unit employees.
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SECTION 12. HOLIDAYS
12.1 Holidays Observed by the City
(a) Effective upon the first full pay period following ratification for this 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 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 classic members, the City shall contribute an amount equal to nine percent (9%) of the employee's current base salary and other compensation as qualified by State law toward PERS benefits. Such amounts will be applied to the employee's individual account in accordance with Government Code section 20691. (b) PERS Contribution. Classic members shall continue to pay nine percent (9%) toward the employer contribution of PERS. This section shall not be construed to permit employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 13.1(d).
Effective July 1, 2016, all employees (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, classic members will pay a total of twelve percent (12%) (nine percent (9%) plus three percent (3%)). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
(c) As soon as practicable, the City will modify its contract with CalPERS to provide for a twelve percent (12%) additional member contribution over and above normal contribution for classic members and a three percent (3%) additional member contribution over and above normal contribution for PEPRA members. Upon completion of the contract amendment process (including employee vote), the additional payment in section 13.1(b) shall cease.
(d) Employer Paid Member Contribution Converted to Pay Rate During the Final Compensation Period. The City will make application to PERS to provide California Government Code Section 20692 (Employer Paid Member Contributions Converted to Pay Rate during the Final Compensation Period) as an additional PERS benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.
At the beginning of employee’s last year of employment, the employee will pay their employees’ nine percent (9%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those 810
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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 Section 20692.
(e) Military Service Credit. The City will provide military service credit pursuant to the provisions of California Government Code Section 21024, formerly Section 20930.3 at the employee's expense.
(f) Credit for Unused Sick Leave. The City will provide PERS California Government Code Section 20965 (Credit for Unused Sick Leave) as added PERS benefits.
(g) Fourth Level of 1959 Survivor Benefits. The City provides PERS California Government Code Section 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the added PERS Administrative Board. (h) Service Retirement Plan Formula for Employees Hired on or before July 1, 2012. The City’s service retirement contract with PERS for safety members of this unit hired on or before July 1, 2012, is 3% @ age 50. (i) Service Retirement Plan Formula for Unit Employees Hired on or after August 16, 2013. The City contracted with PERS to provide a new second tier retirement program for persons hired on or after August 16, 2013, and employees hired after that date will receive only those optional benefits as provided for in that tier. Such employees shall pay nine percent (9%) of the employees’ current base salary towards the employee’s contribution towards PERS and any other compensation as qualified by state law towards PERS retirement benefits through a payroll deduction. (j) PERS Benefits for Employees hired on or after January 1, 2013. (1) Employees with Reciprocity. Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of 3% @ 50 with only the optional pension enhancements and the other provisions of the retirement tier they 811
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were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of nine percent (9%). (2) Employees without Reciprocity. Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension 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.
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13.6 Certificate Incentive Pay
(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 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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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.
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 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) The City shall contribute the following:
a. Up to $936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
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b. Up to $1,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $2,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(2) Effective January 1, 2027, the City contributes the following:
a. Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective January 1, 2028, the City contributes the following:
a. Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(4) These contributions are based on full-time employment. 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 815
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dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.
Benefits in the Plan shall be in accordance with the Plan document. (e) The City will keep SPMA informed as to changes to actuarial methods employed by its actuary which materially affect the rates, and permit the opportunity for SPMA to discuss such changes. SPMA will meet and confer with the City mid-term regarding further plan changes.
(f) If legally permissible, the City agrees to make Medicare contributions for employees hired in 1985 to 1986 who are not currently covered by Medicare, provided that such payments shall be on a going forward basis only, and such unit members shall be required to pay the employee matching contribution to Medicare. To the extent legally permissible, Unit members may contribute to Medicare to purchase credit retroactively provided such unit members do so at their own expense, including both the employee and employer share. The City entered into a Section 218 Medicare-Only Agreement with the Social Security Administration for this purpose, with an effective date of August 1, 2014.
14.2 Life Insurance
Each employee in this unit will receive group life insurance coverage paid for by the City of Stockton equal to a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their 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 the first full pay period following ratification by the City Council in open session, or the pay period including June 28, 2026 (whichever is later), employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.
Effective the first full pay period including June 27, 2027, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.
15.2 Market Adjustments
(a) Effective the first full pay period following ratification by the City Council in open session, or June 28, 2026, (whichever is later), all classifications in the bargaining unit will receive a two percent (2%) Market Adjustment increase to base pay.
(b) Effective the pay period of June 27, 2027, all classifications will receive a two percent (2%) Market Adjustment increase to base pay.
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 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.
15.5 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.
15.6 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be 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.
15.7 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.
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15.8 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.
15.9 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.
15.10 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.
15.11 Salary Step Advancement
Unit members will be required to serve six (6) months at each applicable salary step before advancing to the next step.
15.12 Additional Steps
The salary ranges for all classifications is set forth in the City’s Salary Schedule. 819
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Effective the first full pay period following ratification by the City Council in open session, the City shall add three additional steps at two and a half percent (2.5%) each step. Progression in the additional steps will require one year of paid status within the step prior, (i.e. progression to Step 7 requires 1 year of service in Step 6 and progression to Step 8 requires 1 year of service in Step 7).
Step 8 Acceleration: Following ratification and adoption of this agreement, bargaining unit members who have been at Step 6 for more than 1 year shall progress as follows:
Bargaining unit members who have been at Step 6 for two years or more will be eligible to progress to Step 8;
Bargaining unit members who have been at Step 6 for more than one (1) year, but less than two (2) years of service (at Step 6), shall immediately advance to Step 7 but shall receive credit for all prior service time accrued at Step 6 towards progression to Step 8. For example, a member who has 18 months of service at Step 6 shall be moved to Step 7 and then shall be moved to Step 8 after six additional months of service. Once advanced to Step 8, members shall thereafter progress to Step 9 upon completion of one (1) year of paid service in Step 8, consistent with the standard progression schedule.
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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 2028.
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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.
822
EXHIBIT 2
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2026 – June 30, 2028
CITY OF STOCKTON 44
SECTION 21. BANKRUPTCY
Stockton Police Management Association (hereinafter “SPMA”), which is defined for the purposes of this section as including without limitation SPMA, 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.
823
EXHIBIT 2
POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 2026 – June 30, 2028
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 ____________, 2026.
Stockton Police Management Association City of Stockton __________________________________ _______________________________ Jonathan Swain Johnny Ford
President City Manager
__________________________________ _______________________________ Bradley Burrell Alecia Figieroa
Vice President Acting Director of Human Resources
Approved as to form: Approved as to form:
Goyette & Associates, Inc.
By: By:
__________________________________ _______________________________ Rafael Ruano Marci Arredondo
Labor Representative for Association City Attorney
By:
_______________________________
Che Johnson
Negotiator for the City
ATTEST:
_______________________________
Katherine Roland
City Clerk
824
Fund Fund Name
COLA &
Health
Increases Additional Steps
Vacation
Cash Out
Uniform
Allowance Longevity Total
$1,965,740 $494,622 $678,252 $3,200 $98,600 $3,240,414
100 GENERAL FUND 1,395,375 361,137 375,665 2,728 84,066 2,218,971 210 MEASURE M 4,780 930 2,596 8,306
220 DEV SVS 87,186 23,554 39,396 472 14,534 165,141
230 HOUSING F 6,178 1,445 3,366 10,989
240 GAS TAX 2,340 550 1,275 4,165
255 SOLIDWASTE 8,929 2,062 4,866 15,858
260 OTH SP REV 292 65 159 516
280 SPEC GRANT 47,595 10,911 25,929 84,435
290 HOUSING ST 1,138 268 620 2,026
310 PFF FUND 1,753 378 954 3,084
400 DEBT SVC 13,972 3,265 7,615 24,852
500 FLEET 5,416 1,181 2,949 9,546
510 TECHNOLOGY 78,471 18,431 42,768 139,670
520 GLI 67,844 15,238 36,947 120,029
530 WC 30,439 6,438 16,560 53,437
540 HEALTH 38,227 8,237 20,803 67,266
550 RETIREMENT 4,808 901 2,611 8,320
570 REPRO 334 69 181 585
600 WATER 66,763 15,498 36,380 118,641
610 WASTEWATER 72,689 16,779 39,604 129,072
620 STORMWATER 20,837 4,838 11,354 37,030
630 PARK AUTH 10,373 2,447 5,654 18,474
FY 2026-27 Budget Amendment for UNREP and SPMA MOU Changes Effective 7/1/2026 EXHIBIT 3
825
City of Stockton
Legislation Text
File #: 26-0741, Version: 1
APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
STOCKTON AND THE STOCKTON POLICE OFFICERS ASSOCIATION
RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memorandum of Understanding (MOU) for the Stockton Police Officers Association effective July 1, 2025 through June 30, 2028.
It is further recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the successor MOU.
Summary
In February 2025, City representatives began negotiations with the Stockton Police Officers Association (SPOA) for a successor MOU, as the contract was set to expire on June 30, 2025.
Following a series of bargaining and mediation sessions, the City and SPOA successfully reached an agreement on the terms of a successor MOU. The proposed successor MOU includes a three-year term and provides for cost-of-living and market salary adjustments, the addition of salary steps to the bargaining unit salary schedule and a lump sum payment.
Approval of the successor MOU will ensure continued labor stability and establish the agreed-upon wages, hours, and working conditions for employees represented by SPOA. It is intended to ensure that the City maintains a competitive compensation structure that supports the recruitment and retention of qualified employees while promoting internal equity and fiscal responsibility.
DISCUSSION
Background
The City and the SPOA began negotiations in February 2025 for a successor MOU to replace the agreement that expired on June 30, 2025. The parties participated in numerous bargaining sessions and mediation in September 2025 and again in June 2026. Through the collective bargaining process, the parties ultimately reached a tentative agreement on June 26, 2026, on the terms of a successor MOU.
The tentative agreement was subsequently ratified by the membership of the SPOA and is now presented to the City Council for consideration and approval.
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Present Situation
The relevant amendments under the successor MOU for SPOA are summarized as follows:
1. MOU contract term for three (3) years effective July 1, 2025, through June 30, 2028 (SPOA MOU Section 20)
2. Increases to base pay totaling 6% (comprised of a 2% COLA for 2025, a 2% COLA for 2026, and a 2% Market Adjustment) effective the first full pay period following City Council Adoption and an additional 4% (comprised of a 2% COLA and a 2% Market Adjustment) increase effective July 1, 2027 (SPOA MOU Section 15.1).
3. Salary Step Plan. Adds salary steps 7, 8, and 9 to the salary schedule with 2.5% between each added step. Offers advancement in steps for eligible employees (SPOA MOU Section
15.2).
4. Lump Sum Payment. Provides eligible employees with a three thousand and five hundred ($3,500) lump sum non-pensionable bonus (SPOA MOU Section 15.1).
5. Call-Back. Revises the call-back provision by adding a five (5)-hour minimum guarantee at time and one-half (1.5) for employees who are required to respond immediately to unplanned incidents while off duty. It also establishes a three (3)-hour minimum guarantee at time and one-half (1.5) for employees who meet certain criteria and clarifies compensation for periods that overlap with an employee's regular work shift (SPOA MOU Section 11.4).
6. Grievance Procedures. Appeals to the grievance process concerning terminations of employment will be expedited and shall be filed directly at step three (3) with the City Manager with a CC to the Director of Human Resources (SPOA MOU Section 7).
7. Police Sergeant Compaction Reopener. Add that in the event a compaction issue arises within the Sergeant classification as a result of an officer promoting to a higher step than a current Sergeant, the parties agree to meet and confer to resolve the compaction issue (SPOA MOU Section 15.13).
8. Conclusiveness. Add that during the term of this agreement, the City shall not exercise any discretion to defund or otherwise alter the financial terms of the Side Letter Agreement ensuring that all agreed-upon compensation and benefits are fully funded and implemented during the term of this agreement (SPOA MOU Section 24 (d)).
9. Longevity Pay. Clarifies that longevity pay provided under the Recruitment and Retention Side Letter is reportable to CalPERS and requires the parties to meet and confer if CalPERS identifies any reportability issues(SPOA MOU Section 13.21).
10.Holiday Compensation for Non-Patrol Assignments. Adds that when an employee works a 4/10 schedule with Saturday, Sunday and Monday as regular days off and the holiday falls on Monday the employee will receive a floating 10-hour holiday for the city-observed holiday that fell on Monday, which must be used within 90 calendar days. (SPOA MOU Section 12.2).
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File #: 26-0741, Version: 1
11.Furlough Hours. Requires all furlough hours to be used prior to accrued vacation and CTO hours (SPOA MOU Section 10.4).
12.Military Leave. Recognizes the “Space Force” as a branch of the military under the military leave provision of the MOU (SPOA MOU Section 9.2).
13.Protected Nature of Family Sick Leave. Updating definition to include “designated person” per law update (SPOA MOU Section 9.1).
14.Bereavement Leave. Updating language to include annual leave for use of bereavement leave purposes when applicable (SPOA MOU Section 9.4).
15.Elimination of obsolete language and other language cleanup changes for the following provisions: bi-weekly pay period, court appearance, and leave of absence.
The proposed agreement has been reviewed by the Administrative Services Department to ensure consistency with the City's compensation strategy and available budget appropriations.
FINANCIAL SUMMARY
COLA ADJUSTMENT
The annual impact of a 6% base wage increase in FY27 with a 4% adjustment in FY28 is shown in the table below. First-year costs are approximately $5.6 million, with an additional $3.9 million in costs for the 2nd year of the agreement.
LUMP SUM
Members will also receive a one-time lump sum payment of $2,500 each. This is a FY27 cost of approximately $1.4 million.
An additional three steps have also been added to the salary schedule. The impact of this change is $2.5 million in FY27, with increased costs of $4.2 million in FY28.
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SALARY TABLE ADJUSTMENTS
TOTAL COSTS
The total cost of this proposal is approximately $9.5 million in FY27, with an additional $8.1 million in FY28.
Funding from the Known Contingency Reserve has been earmarked to cover this cost.
Attachment A - SPOA MOU - Redline
Attachment B - SPOA Costing Table
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ATTACHMENT A
MEMORANDUM OF UNDERSTANDING BETWEEN THE STOCKTON POLICE
OFFICERS ASSOCIATION AND CITY OF STOCKTON
TERM: July 1, 2022 2025 – June 30, 20252028
830
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 2
TABLE OF CONTENTS
Section 1. Recognition ................................................................................................... 3 Section 2. AssociationUnion Rights ............................................................................... 4 Section 3. Compliance With Local, State & Federal Laws .............................................. 7 Section 4. Probationary Period ....................................................................................... 8 Section 5. Layoff .......................................................................................................... 10 Section 6. Reemployment/Reinstatement .................................................................... 12 Section 7. Discipline ..................................................................................................... 13 Section 8. Grievance Procedures ................................................................................. 14 Section 9. Leaves ......................................................................................................... 18 Section 10. Days And Hours of Work ........................................................................... 27 Section 11. Overtime .................................................................................................... 28 Section 12. Holidays ................................................................................................... 332 Section 13. Compensation and Allowances Other Than Base Salary ........................ 354 Section 14. Insurance Plans ....................................................................................... 421 Section 15. Salary Plan .............................................................................................. 465 Section 16. Residency ................................................................................................ 510 Section 17. Severability of Provisions ........................................................................ 510 Section 18. Past Practices and Existing Memoranda Of Understanding .................... 510 Section 19. Scope Of Agreement ............................................................................... 510 Section 20. Duration ................................................................................................... 510 Section 21. Maintenance Of Operations ..................................................................... 521 Section 22. City Rights ............................................................................................... 532 Section 23. Conditional Agreement Re: Plan Support And Treatment Of Claims ...... 543 Section 24. Conclusiveness ....................................................................................... 587 APPENDIX A. COLA and Market Adjustments ............................................................ 61 831
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 3
This agreement (the “Agreement” or “MOU”) is made and entered into as of _______________ by and among the City of Stockton, California (the "City" or "Stockton") and the Stockton Police Officers Association (“SPOA”), sometimes collectively referred to as the “Parties.”
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 Officers' Association, hereinafter referred to as the "Association" is the recognized employee organization for the Police Officers' Unit, certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.
832
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 4
SECTION 2. ASSOCIATIONUNION RIGHTS
2.1 AssociationUnion 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 AssociationUnion membership Associationunion dues deductions. (b) As certified in writing by the AssociationUnion to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly AssociationUnion membership dues, initiation fees, assessments, and payments for membership benefits programs sponsored by the AssociationUnion from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, and pay such amounts to the AssociationUnion.
(1) All employee requests to cancel or change membership dues deductions shall be directed to the AssociationUnion.
(2) The City shall rely upon written notification from the AssociationUnion for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The AssociationUnion 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 AssociationUnion certifying a change in membership dues. (5) The City shall honor any changes to membership dues deduction amounts provided by the AssociationUnion.
(6) The AssociationUnion 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: AssociationUnion notifies the City on January 15th, the deductions will be effective no later than the first 833
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 5
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 AssociationUnion 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 AssociationUnion.
2.2 New Hire Employee Orientation and Information Requirements In accordance with Assembly Bill (AB) 119, the City shall provide the AssociationUnion 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 AssociationUnion at least every one-hundred and twenty (120) days for all bargaining unit members.
2.3 Use of City Facilities
(a) 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.
(b) 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 834
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 6
Police Chief and when made shall continue until revoked by the Chief. (c) City buildings and other facilities may be made available for use by City employees of the Association or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
2.4 Attendance at Meetings by Employees/Association Release Time Release Time Related to Meet and Confer. City employees who are official representatives of the Association shall be given reasonable time off with pay, in accordance with the Meyers-Milias-Brown Act (MMBA), to attend meetings with City management representatives, or be present at administrative hearings 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 submit a request for an excused absence to their department head in a manner satisfactory prior to the scheduled meeting whenever possible. The number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed five (5), except by mutual agreement.
835
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 7
SECTION 3. COMPLIANCE WITH LOCAL, STATE & FEDERAL LAWS
3.1 The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over forty (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 Association activity, or any other protected trait as determined by Ffederal, Sstate and/or local law.
3.2 The Association shall cooperate with the City in the objectives of Equal Employment Opportunities as required by law.
3.3 The Association shall cooperate with the City in the objectives of the Fair Labor Standards Act (FLSA).
836
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 8
SECTION 4. PROBATIONARY PERIOD
4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to their position, and for eliminating any probationary employee whose performance does not meet the required standards of work.
4.2 Original Entrance Positions
The City agrees that it shall adhere to all applicable City Ordinances, State and Federal laws relating to the employment of Police Officers, including standards established by the Peace Officers' Standards and Training Division of the California Department of Justice.
All original entrance positions shall be tentative and subject to a probationary period of eighteen (18) months. The probationary period for entrance positions shall not be extended.
4.3 Promotional Positions
All promotional police appointments shall be subject to a probationary period of twelve (12) months. The probationary period for police promotional positions shall not be extended.
4.4 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 effect and stating that the retention of such employee in the service is desired.
During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee 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 Article XXXII Section 9, Civil Service Ordinance, and Civil Service Rules.
837
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 9
4.5 Probationer Advanced To Higher Rank
Any promotional probationary police 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 towards their promotional probationary period for the lower rank while serving in the higher probationary or appointive rank. 838
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 10
SECTION 5. LAYOFF
5.1 Layoff
Any employee may be laid off by an 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.
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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ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 11
(a) Extra help or seasonal
(b) Provisional
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to service in that class, 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 same eligibility list upon which the employees were subsequently hired.
5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the 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 working in that classification who has the least seniority in that classification. The voluntary demoted employee’s demotee's seniority in the classification to which demoted shall be determined by the demotee's dates of hire in the lower classification.
840
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 12
SECTION 6. REEMPLOYMENT/REINSTATEMENT
6.1 Reemployment
When an employee in the classified service who has been performing their duties in a satisfactory manner, as shown by the records of the department in which they have been employed, is laid off because of lack of funds, or abolition of their position, or has been on 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 such employee to be placed on a reemployment list for the appropriate class for reemployment consistent with Civil Service Rule VII Certification and Appointment pertaining to Police safety positions, currently in effect.
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." 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.
6.2 Reinstatement on a Reemployment List
A regular status employee who has resigned in good standing may, with the recommendation of the Police Chief, the City Manager, and the approval of the Civil Service Commission, be restored to a reemployment list of the same classification held upon resignation within a period of one (1) year from the effective date of their resignation.
841
ATTACHMENT A
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CITY OF STOCKTON 13
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 file an appeal to the Civil Service Commission. 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 written notification of the action. (Such filing will foreclose use of the grievance procedure.)
(c) File a grievance as provided for in sSection 8 starting at Sstep two (2) with the Director of Human Resources within ten (10) business days of written notification of the action, or fourteen (14) business days following the mailing of a written notice by first-class mail to the employee's address contained in their official personnel records. Appeals to the grievance process concerning terminations of employment will be expedited and shall be filed directly at step three (3) with a CC to the Director of Human Resources.
For purposes of this subsection, "business day" shall means a day on which the Human Resources Department is open for business to the public.
If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
842
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 14
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 and regulations as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, 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 date of receipt of written notification of such action, or within fourteen (14) business days following mailing of written notification by first-class mail to the employee's address contained in their official personnel records.
For purposes of this subsection, "business day" shall mean a day on which the Human Resources Department is open for business to the public.
8.3 Grievance Processing
(a) Step 1 - Departmental 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 seven (7) business 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. Any employee or any official of the Association 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) business 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 paragraphs which has not first been filed and 843
ATTACHMENT A
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2022 2025 – June 30, 20252028
CITY OF STOCKTON 15
investigated in accordance with this paragraph except for the resolution of compensation complaints.
(c) Step 3 - City Manager Review. Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the complainant or by the Director of Human Resources.
Such 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.
Failure to complete this step within sixty (60) calendar days shall result in the grievance automatically proceeding to step four (4) of the grievance procedure.
(d) Step 4 - Arbitration. Either the Association or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Association and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. (e) Effect of Decision. The decision of the arbitrator on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.
Proposals to add to or change this Memorandum of Understanding (MOU) 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 sSection. No arbitrator selected pursuant to this sSection shall have the power to amend or modify this 844
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Memorandum of Understanding MOU 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 the arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association.
8.5 Other Provisions
If the Director of Human Resources, in pursuance of the procedures outlined above, or the City Manager in pursuance of the provisions outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if they find that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints which allege the employee is not being compensated in accordance with the provisions of this Memorandum of 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 MOUMemorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed, except in cases where the City determines that the basis of the compensation issue was a result of a clerical error, the adjustment shall be no more than three hundred and sixty-five (365) days from the date upon which the complaint was filed.
The provisions of this sSection shall not abridge any rights to which an employee may be entitled under the City Charter, nor shall it be administered in a manner which 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 sSection. If the City Charter requires that a differing option be 845
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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.
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. 846
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SECTION 9. LEAVES
9.1 Sick Leave
(a) Accrual. All regular status employees, except provisional, temporary, and part-time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees, except provisional, temporary, and part-time employees, 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, 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) Usage for Family. 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.
For the purposes of this section, immediate family is defined as the employee’s parents, spouse, registered domestic partner, child (child as defined as biological, step, foster or adopted child; a legal ward; child of domestic partner; a child to whom the employee stands in loco parentis), legal dependent, brother, sister, mother-in-law, father-in-law, brother-inlaw, 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. 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 847
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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, type of sick leave to be used, 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 department head.
(e) Doctor's Certificate or Other Proof. The Police Chief or designee may require a doctor’s certificate or other reasonable proof of illness as they deem necessary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that they will be required to provide such documentation.
Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay.
(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. Except as provided in section (h), all sick leave shall have no cash value upon separation of employment, and employees shall not be allowed to cash out unused sick leave. Current employees shall be eligible for California Public Employees’ Retirement System (CalPERS) service credit for unused sick leave at retirement.
Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for that service credit. Effective July 1, 2016, the City will begin to pay the PERS .351% 848
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Cost Pick-Up for Credit for Unused Sick Leave for those members hired on or before August 16, 2013.
(h) Sick Leave Retention Benefit. After subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date; (2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
9.2 Military Leave
An employee of the City who is a member of the National Guard, or Naval Militia, or a member of the Reserve Corps, or force of the Federal Military, Naval, or Marine service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.
All regular status employees in the service of the City shall be allowed leave of absence without pay for the duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force, Space Force or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the position they held when they were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
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In the case of a probationary employee having served their minimum probationary period of eighteen (18) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.
All probationary employees inducted into Military Service not having served the minimum probationary period of 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, 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.
9.3 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:
(a) Said absence from duty will be compensated for actual hours the employee serves on the jury or is required to remain in court to testify as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the City’s Chief Financial Officer (CFO)City Treasurer, through the employee's department head, within fifteen (15) days after receipt all fees received except those specifically allowed for mileage and expenses. (b) Jury duty or witness duty appearances shall be considered in terms of actual hours spent performing those duties. If an employee is not due to appear for jury duty or as a witness until afternoon court session, they will be expected to work their usual morning 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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(c) Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City’s CFOCity Treasurer through the employee's department head.
Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of this sSection.
9.4 Bereavement Leave
In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to their accumulated sick leave credits or vacation eligibility. 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 leave. credits in cases where extensive travel is required to attend the funeral.
For the purposes of this sSection, the immediate family shall be restricted to the employees’ parents, spouse, registered domestic partner, child (child as defined as biological, step, foster, or adopted child; a legal ward; child of domestic partner; a child to whom the employee stands in loco parentis), legal dependent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee as defined above, the 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 credits.
9.5 Workers’ Compensation Leave
Forms and Procedures. Workers’ Ccompensation processing shall be consistent with City procedures and in accordance with Sstate 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 requiring 851
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medical care is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of a personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.
9.6 Leave of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.
Unless otherwise provided, the 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 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 premiums 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 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.
9.7 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.
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An appointing authority may grant a 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.
Such a leave of absence will be granted only after all accrued sick creditsleave hasve 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 their 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 head at any time.
9.8 Absence Without Leave
(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 head or City Manager, or at the expiration of a leave, shall be considered an absence without leave.
(b) Voluntary Resignation. Any employee of this bargaining unit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of either sixteen (16) hours or twenty (20) hours in any calendar month 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.
9.9 Vacation Leave
(a) Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave with pay semi-monthlyon a per pay period basis in accordance with the following schedule:
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Less than 1½ years continuous employment ........................ 80 hours/year After 1½ years up to 7½ years ............ ……………………… 108 hours/year After 7½ years up to 15 years .............................................. 144 hours/year After 15 years up to 25 years ............................................... 189 hours/year Seven (7) additional hours hence for each completed year of service in excess of twenty-five (25) years.
Effective as soon as administratively possible following adoption of this contract by the City Council, but no later than December 31, 2022, employees will accrue vacation based on their initial Peace Officer Standards and Training (P.O.S.T.) certification date if that date is earlier than their most recent hire date with the City. This change shall apply on a going forward basis only. Employees are responsible for informing the City of their initial P.O.S.T. certification date if it differs from their most recent hire date with the City.
(b) Vacation Accumulation. Effective July 1, 2012, the following maximum vacation accruals 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 who, on July 1, 2012, have vacation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation hours to satisfy the maximum allowed. If an employee does not satisfy the maximum by June 30, 2013, they shall retain their existing earned vacation hours, but shall not earn any additional vacation until the employee’s vacation balance is under the maximum vacation accrual allowed.
The maximum number of vacation hours that employees on a (forty) 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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(c) Vacation Schedule. The time at which employees shall be granted vacation leave shall be at the discretion of the department head with due regard for the wishes of the employee and needs of the City. (d) Vacation Allowance for Separated Employees
(1) An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City.
Payment for unused vacation shall be made at the final rate of pay.
Payment for the unused vacation hours shall be paid postseparation 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. (2) An employee who has resigned in good standing and is subsequently reinstated within one (1) year from the date of their resignation shall have their prior service counted in determining eligibility for vacation benefits, deducting therefrom the amount of time between the date of resignation and the date of reinstatement which shall not be counted in determining eligibility.
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SECTION 10. DAYS AND HOURS OF WORK
10.1 Regular Workweek
The 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, 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 City Manager may institute alternate work schedules, consistent with provisions of the State Law.
10.2 Regular Workweek for Patrol
The work schedule for patrol is the current 4/10 work schedule. The Chief of Police may change the start/finish time of a shift after providing written notification.
10.3 Meal Periods
Phase shift employees normally receive a one-half (1/2) hour meal with pay each day.
Other Police Unit employees will normally receive a one (1) hour meal period without pay.
10.4 Furlough bank hours
(a) Furlough Bank. There shall be no cash value provided for any furlough hours since the start of the furlough program in 2009 and all furlough bank hours shall be used in accordance with section 10.4 (b) below. (b) Use of Furlough Hours. All furlough leave shall be scheduled in advance with the employee’s supervisor. All Ffurlough hours must be used prior to accrued vacation and CTO hours. Furlough hours must be scheduled and used prior to the date of separation in accordance with the City’s leave policies.
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SECTION 11. OVERTIME
11.1 Authorization
All compensable overtime must be authorized by the Chief of Police or the Chief’s designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular work day following the date which the overtime was worked.
11.2 Compensation
The following provisions pertaining to authorized statutorily required overtime work shall apply to employees whose normal work period is eight (8) hours per day and forty (40) hours per week (including 9/80 schedules), or ten (10) hours per day and forty (40) hours per week:
(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one-half (1½) including employees employed on a per hour or per day basis or except as provided elsewhere herein.
(b) Hours worked shall include all actual time worked. Furlough hours taken, holiday hours taken, bereavement leave, jury duty leave, and sick leave shall be considered as time worked. Vacation or other compensated time off not specifically identified above shall not be considered as time worked.
(c) Notwithstanding subparagraph “(b)” above, effective as soon as administratively possible but no later than December 31, 2022, vacation leave taken within the work period shall also count as actual time worked.
The parties agree that the cost value of this modification is approximately zero point two percent (0.2%) of salary for the bargaining unit. 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.
11.3 Court Appearance Pay While in Off Duty Status
(a) An employee required by proper authority to appear in court during offduty hours shall receive compensation of three (3) hours at time and 858
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one-half (1½) or actual time worked at the appropriate rate, whichever is greater.
Multiple subpoenas covering the same case on the same day or multiple subpoenas for either the morning or the afternoon do not count as separate incidents for the purpose of minimum compensation. However, a subpoena to attend court for one (1) case in the morning and a subpoena to attend court for a second case in the afternoon will count as separate incidents for purposes of minimum compensation.
(b) Voluntary Court Standby. Police Unit employees who voluntarily place themselves on standby for court appearance while off duty shall receive one (1) hour of pay at the regular rate for the four (4) hours of standby for the a.m. and, if required to remain on standby, one (1) additional hour at the regular rate of pay for the additional four (4) hours of standby for the p.m.
11.4 Call-Back Policy
When an employee is called back to work from an off-duty status, the employee shall be compensated for a minimum of three (3) hours at time and one-half (1½) or actual time worked at time and one-half (1½), if eligible for overtime as defined in Section 11.2 above, whichever is greater.
(a) Employees who are off-duty and ordered to respond without delay to an unplanned incident outside their normal scheduled shift shall receive time and one-half (1.5) at the employee’s regular rate of pay for the actual time worked or a minimum of five (5) hours, whichever is greater. (b) Employees shall not receive the minimum of 5 hours of overtime in section (a) above and shall instead receive a minimum of three (3) hours of time and one-half (1.5) (at the employee’s regular rate of pay) if all the following applies:
(1) an employee receives less than 48 hours’ notice to report to work; and (2) an employee is required to report to duty within 120 minutes before their scheduled start time; and
(3) the employee is required to report on a scheduled workday, and then begins their normal shift.
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normal shift, the employee shall be compensated at time and one-half (1 ½) but shall not also receive straight time pay in addition to the overtime pay for that overlapping period.
(d) This Section shall not apply to employees when held over at the end of their shift or for voluntary overtime regardless of the amount of notice provided. For purposes of this Section, work can typically be defined as performing normal work duties and attending meetings or trainings.
11.5 Compensatory Time
(a) Definition - As used in this sSection, the term “Compensatory Time” refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or excess of their normal work schedule.
Such time has previously been referred to as “Earned Time.” (b) Accrual - For all hours in excess of forty (40) hours in a seven (7) day work period, for which the employee is in a paid status, the Association agrees that Ccompensatory tTime shall be earned at the rate of time and one-half (1½).
No more than eighty (80) hours (fifty-six and one-third hours [56-1/3]) worked at time and one-half (1½) may be carried on the books at any time. When the time sheetcard is filled out, employees may elect to accrue Compensatory Time or be paid for the hours worked. (c) Use - Use of Compensatory Time shall be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of requests for use of Compensatory Time shall be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Payment - Once eighty (80) hours of Compensatory Time is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid. At the end of each calendar year, all Compensatory Time will be carried forward (forty (40) hours maximum), unless the employee elects to have the compensatory balance paid. Carryover Compensatory Time cannot exceed the forty (40) hours maximum.
11.6 Standby Compensation
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Employees who are placed on standby on their normal day off shall be paid at the rate of three dollars ($3.00) per hour for each hour on standby assignment.
An employee shall earn time and one-half (1½) for all actual time worked while on standby duty status only if eligible for overtime as defined above. An employee shall not continue to receive the “standby” premium during actual time worked or for any hours paid as overtime or call back. Standby is not considered as time in “paid status because of work performed” for purposes of calculating overtime.
Employees who are placed on standby after the end of their shift on a regular work day shall receive three dollars ($3.00) per hour for each hour of standby.
An employee shall earn time and one-half (1½) for all actual time worked while on standby duty status only if eligible for overtime as defined above. An employee shall not continue to receive the “standby” premium during actual time worked or for any hours paid as overtime or call back. Standby is not considered as time in “paid status because of work performed” for purposes of calculating overtime.
Employees who are placed on standby shall take a City vehicle and a beeper when required to stand by. The vehicle and beeper shall be turned in at the conclusion of each standby assignment.
While in such standby status, employees shall leave with the Command Center a telephone number at which they can be reached. Such employees shall be available to the Police Department within a forty-five (45) minute response time.
11.7 No Standby Compensation for Time Worked
Employees shall not simultaneously receive compensation for court appearance, voluntary court standby, standby, or call back pay provided in sSections 11.3(a),
11.3(b), 11.4, or 11.6 above. Employees are eligible to receive overtime only in accordance with sSection 11.2 above.
11.8 Sergeants Working Hireback
(a) Sergeants will be authorized to work special event hireback in the event that there are insufficient officers willing to volunteer for the special event overtime. The order of hireback will be: (1) officers working voluntary overtime, (2) followed by sergeants working voluntary overtime, (3) followed by officers working mandatory overtime.
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(b) Special events are defined as hireback which is not patrol hireback and does not have an enforcement related function.
(c) Pay Rate.
(1) Because of limitations in the City’s payroll system, Sergeants will initially be paid based on their regular rate for this hireback.
(2) However, as soon as it becomes feasible for the City’s payroll system to do so, the City will pay Sergeants working officer hireback under this provision at the top-step officer rate. In that event, overtime pay for the work period in which the hireback occurs will be paid in accordance with the FLSA with the sergeants regular rate of pay based on a weighted average methodology.
The City will notify the Association thirty (30) days before implementing such a system.
(d) Sergeants hired to fill a Sergeant’s position for special events will be paid based on their regular rate.
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SECTION 12. HOLIDAYS
12.1 Holidays Observed by the City
Effective upon the first full pay period following ratification for this Memorandum of UnderstandingMOU by Stockton Police Officers AssociationSPOA and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday. Unless otherwise provided in this sSection, the City observes the 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 -FloatingLOATING for Non-Patrol) (6) Memorial Day ................................................................ (Last Monday in May) (7) Independence Day ...............................................................................(July 4) (8) Labor Day ........................................................... (First Monday in September) (9) Columbus Day .................................................... (Second Monday in October) (10) Veteran's Day .......................................................................... (November 11) (11) Thanksgiving ................................................. (Fourth Thursday in November) (12) Day following Thanksgiving ................................ (Fourth Friday in November) (13) Christmas Day ......................................................................... (December 25) (14) Birthday Holiday
For employees on a Monday through Friday workweek or a 9/80 work schedule, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the preceding Friday shall be observed.
Employees who are in unpaid status the day before or the day after the holiday will not qualify for hHoliday pPay as described above.
Birthday Holiday Leave. The department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, beginning on the day of the employee’s birthday.
12.2 Holiday Compensation
(a) Non-Patrol Assignments. All regular and probationary Police Unit employees who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule, and are in assignments which observe City 863
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Holidays shall be entitled to take each holiday off with full pay for each of the holidays listed in section 12.1, above. When an employee works a 4/10 schedule with Saturday, Sunday and Monday as regular days off and the holiday falls on Monday the employee will receive a floating 10-hour holiday for the city-observed holiday that fell on Monday, which must be used within 90 calendar days.
Floating holiday requests must be submitted and approved in accordance with departmental time off procedures. Floating holiday requests shall not be unreasonably denied.
The Cesar ChavezFLOATING 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). (b)(a) Patrol Assignments. All regular and probationary Police Unit employees assigned to the traditional 10-plan Field Operations/Patrol shift schedule shall receive a five percent (5%) holiday in lieu add pay. This additional compensation is for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays. For AssociationUnit members required to work on an observed holiday, actual hours worked on the holiday will be paid at time and one half (1½).
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
(a) Legacy employees hired on or before December 31, 2012, shall pay nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by Sstate law towards the employee’s share of cost under the Public Employees’ Retirement System (PERS). Such amounts will be applied to the employee’s individual account.
(b) Non- Sworn Police Officer Trainee. The City and the Association agree that employees hired into the Non -Sworn Police Officer Trainee classification shall be members of the “local miscellaneous” retirement plan rather than the “local safety” retirement plan.
The employee shall contribute seven percent (7%) of the employee’s current base salary and other compensation as qualified by State law toward the PERS Local Miscellaneous Members Plan. Such amounts will be applied to the employee’s individual account in accordance with Government Code Section 20691.
Upon satisfactory completion of basic recruit training, the Non -Sworn Police Officer Trainee (Local Miscellaneous Member) shall be transferred to Sworn Police Officer plan (Local Safety Member).
13.2 Military Service Credit
The City shall provide for military service pursuant to the provisions of Government Code Section 21024, formerly Section 20930.3, and Section 20930.33, at the employee's expense.
13.3 PERS Fourth Level Of 1959 Survivor Benefits
The City 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 PERS Administration Board.
13.4 PERS 3% At Age 50 Retirement for Employees Hired on or before 865
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December 31, 2012
On July 21, 2000, the City made application to PERS to provide PERS California Government Code sSection 21362.2 (3% at age 50) as an amendment retirement benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.
13.5 PERS Benefits for Employees hired on or after January 1, 2013 (a) The City shall amend its CalPERS contract to eliminate sick leave conversion and the enhanced survivor benefits for all employees hired on or after August 16, 2013, the effective date of the contract amendment. (b) Employees with Reciprocity: Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall be subject to the PERS pension formula of 3% @ 50 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of nine percent (9%).
(c) Employees without Reciprocity: Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of 2.7% @ 57 with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% @ 57 as determined by CalPERS.
13.6 Uniform Allowance
(a) Employees in this unit shall receive as additional annual compensation, a uniform allowance in the amount of nine hundred and fifty dollars ($950.00).
Payment shall be made in two (2) equal installments of one-half (1/2) of the annual value of uniform allowance to eligible employees during the months of April and October.
(b) Protective Vests. The City shall provide safety protective vest and annual testing by lot number.
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13.7 P.O.S.T. Incentive Pay
(a) The City will pay three percent (3%) of the top salary step in rank for employees who attain an Intermediate P.O.S.T. Certificate and six percent (6%) of the top salary step in rank for employees who attain an Advanced P.O.S.T. Certificate.
(b) The Personnel and Training Division of the Police Department will submit the appropriate paperwork to the Human Resources Department confirming and authorizing P.O.S.T. Educational Incentive Pay for eligible employees.
Compensation shall be effective the first of the month following the date of eligibility for the certificate.
13.8 Longevity Increment Pay for Police Officer for Grandfathered Employees Only
Effective August 1, 2011, Longevity Increment Pay for Police Officer shall be eliminated. Those members who were receiving Longevity Increment Pay as of July 31, 2011, shall be grandfathered, and effective August 1, 2011, their Longevity Increment Pay shall be reduced by five percent (5%) and shall remain frozen at that level, and no additional increments shall be earned, as described herein.
(a) For those members who as of July 31, 2011 were receiving five percent (5%) of top salary step in rank for longevity, upon completion of six (6) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011, those members shall no longer receive longevity increment pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned. (b) For those members who as of July 31, 2011 were receiving seven percent (7%) of top salary step in rank for longevity, upon completion of nine (9) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011, the City shall pay two percent (2%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(c) For those members who as of July 31, 2011 were receiving twelve percent (12%) of top salary step in rank for longevity, upon completion of twelve 867
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(12) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011 the City shall pay seven percent (7%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(d) For those members who as of July 31, 2011 were receiving fourteen percent (14%) of top salary step in rank for longevity, upon completion of eighteen (18) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011 the City shall pay nine percent (9%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(e) For those members who as of July 31, 2011 were receiving nineteen percent (19%) of top salary step in rank for longevity, upon completion of twenty-four (24) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011 the City shall pay fourteen percent (14%) of top salary step in rank for longevity pay.
This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(f) For the limited purpose of defining continuous service under this sSection of the MOUMemorandum of Understanding, continuous service shall include leaves without pay for less than one (1) year as long as the public safety officer did not withdraw their contributions to PERS. (g) Effective July 1, 2012, Section 13.8(a) through (f) are modified as follows:
Employees who are receiving Longevity Pay as described above shall have their Longevity pay reduced an additional four percent (4%) effective July 1, 2012, except that individuals whose 2011 reduction of the following amounts (Reductions of Longevity pay, elimination of Master Officer Pay, elimination of Educational Incentive and payment of employees PERS contribution) was twenty-two percent (22%) shall have their Longevity amount reduced by one percent (1%). The longevity increment pay shall remain frozen at this level and no additional increments shall be earned nor shall additional persons qualify for this pay.
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13.9 Longevity Increment Pay For Police Sergeant
The five percent (5%) Longevity Pay received by Sergeants is frozen effective July 1, 2012, and no additional persons shall qualify for this pay.
13.10 Canine Handler Compensation
Employees assigned canine responsibilities shall be paid a maximum of ten (10) hours per month, at the rate of one and one-half (1½) time. Compensation shall be for time spent by officers on their off-duty time to feed and exercise the dog and to clean the kennel.
13.11 Motorcycle Officer Compensation
Effective the first full pay period after the effective date of this contract, employees assigned motorcycle responsibilities shall be paid a maximum of four and one-quarter (4.25) hours per month, at the rate of one and one-half (1½) time. Compensation shall be for the time spent by officers on their off-duty time to clean, wax, and generally maintain their assigned motorcycles.
13.12 Explosive Ordinance Disposal (EOD) Compensation
Unit members assigned to EOD shall be paid a maximum of five (5) hours per month at the rate of one and one-half (1½) time.
13.13 Special Weapons And Tactics (SWAT) Compensation
Effective the first full pay period after the effective date of this contract, Associationunit members assigned to SWAT shall be paid a maximum of four and one-quarter (4.25) hours per month at the rate of one and one-half (1½) time.
13.14 Field Training Officer Compensation
The pay for Associationunit members assigned as a Field Training Officer shall be five percent (5%) of the top salary step of rank.
13.15 Bilingual Pay
The pay for qualified and approved bilingual skills will be two and one-half percent (2.5%) of the top salary step of rank.
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To be eligible for this differential pay, an officer must be certified to meet the functional needs of the Department. The Chief of Police has the sole discretion in determining the number of officers needed for bilingual services, the languages that will be recognized, and the functional language skills needed for the Department.
13.16 Acting Pay
Any employee who is assigned by proper authority to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive that rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
13.17 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in the MOUMemorandum 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 MOUMemorandum of Understanding is outside of the City’s control.
13.18 Flight Pay Differential
(a) Effective first full pay period following adoption, employees assigned to the Aero Detail as pilots shall receive a ten percent (10%) differential. (b) Employees assigned to the Aero Detail as observers shall receive sufficient flight instruction to enable them to land safely in an emergency. (c) The City shall provide employees assigned to the Aero Detail with suitable protective flight equipment, including but not limited to:
(1) One (1) Flight Helmet
(2) One (1) Nomex Flight Suit
(3) One (1) Pair of Nomex Gloves
13.19 Mobile Command POSTPost
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Effective the first full pay period after the effective date of this contract, employees assigned to the Mobile Command Post tTeam who maintain a Class A lLicense shall be paid an additional one (1) hour per month, at the rate of one and one-half (1½) time. Compensation shall be for the time spent by officers on their off-duty time to maintain their Class A license.
13.20 Lapse of Certification
An employee receiving an add pay under sSection 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.
13.21 Recruitment and Retention Side-Letter: Longevity
The City agrees that the intent of the longevity pay provided in the side-letter is to be reportable to CalPERS and will meet and confer with the SPOA regarding any reportability issues identified by CalPERS.
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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 mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that are related to the implementation of the Affordable Care Act (ACA).
14.1 Health Insurance And Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of 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 July 1, 2022, the City shall contribute the following:
a. Uup to $697.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
b. Uup to $1,265.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Uup to $1,685.00 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) Effective July 1, 2023, City shall contribute the following:
a. Uup to $711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
b. Uup 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. Uup 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. Uup to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
b. Uup 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. Uup 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.
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.
(c) 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 873
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selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
14.2 Retiree Medical Trust
The City will cooperate with the SPOA to amend the documents related to the SPOA Retiree Medical Trust ("RMT") to reflect that the City relinquishes all of its right to designate any trustees under the RMT and any and all rights, obligations, or responsibility under the RMT so that only the SPOA designated Trustees will administer the RMT.
The City has no objection to the transfer of all current assets in the RMT to another trust (the "Receiving Trust") selected by the SPOA designated RMT Trustees so long as the Receiving Trust agrees to hold those assets for the exclusive benefit of eligible retirees. Further, the SPOA and the City agree that the transfer of assets will be contingent on the SPOA and Receiving Trustees agreeing that on and after the transfer of the assets of the RMT to the Receiving Trust (i) the City's only obligation with respect to such Receiving Trust will be to make any agreed upon contributions to the Receiving Trust, and (ii) the SPOA and the Receiving Trustees further agree that on and after the transfer of the assets of the RMT to the Receiving Trust, to indemnify and hold harmless the City and the City designated trustees from any claim whatsoever by the SPOA, any unit member, or any beneficiary of the Receiving Trust with respect to the Receiving Trust. Such claims include, but are not limited to, (i) any claim for benefits under the Receiving Trust or any plan funded by the Receiving Trust, (ii) any claim regarding the administration of, or fiduciary duties under, the Receiving Trust, (iii) any claim regarding the tax treatment of contributions to the Receiving Trust (so long as the City complies with applicable federal law and guidance from the Internal Revenue Service), and (iv) any claim regarding the terms of the Receiving Trust or selection of trustees.
The City's obligation to contribute to the RMT has ceased. However, in the event that the Association’s membership votes to approve member contributions to the Receiving Trust, the City agrees to deduct those contributions (and any required administrative fees charged by third parties) from members’ paychecks. Nothing herein commits the City to paying any portion of any future contribution.
14.3 Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees may 874
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purchase additional voluntary life through their unionAssociation or through the City’s IRS 125 vendor.
14.4 Long Term Disability Insurance
The City shall reduce the base pay of employees in this Associationunit by twenty dollars ($20.00) per month and instead shall provide to each bargaining unit member twenty dollars ($20.00) per month for the purpose of purchasing Long Term Disability Insurance. The Association recognizes and agrees that it is their responsibility for purchasing a Preferred Long Term Disability Program for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.
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SECTION 15. SALARY PLAN
15.1 Salary
(a) Cost of Living Adjustment (COLA)
(1) Effective July 1, 2022the first full pay-period following SPOA ratification and City Council adoption in open session, employees will receive a nine point eight percent (9.8%) six percent (6%) increase to base pay (comprised of a 2% COLA for 2025, a 2% COLA for 2026, and a 7.8%2% Market Adjustment). Any retroactive portion of this salary increase will be paid to employees as soon as administratively possible following City Council adoption of this agreement.
(2) Effective July 1, 20232027, employees will receive a four percent (4%) increase to base pay (comprised of a 2% COLA and a 2% Market Adjustment).
(3) Effective July 1, 2024, employees will receive a four percent (4%) increase to base pay (comprised of a 2% COLA and a 2% Market Adjustment).
(b) Lump Sum Payment
Each employee who was employed in the bargaining unit as of July 1, 2023 2025 and who remained employed as of the ratification and adoption of this agreement will receive a three thousand and five hundred ($3,500.00)$5,000 lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
15.2 Salary Ranges
The salary ranges for all classifications in the aforementioned representation unit will be as set forth in Appendix A, which are attached hereto and made a part hereof. The rates of pay set forth in the Appendix A, represent for each classification the standard rate of pay for full-time employment, effective on the dates noted in the Appendices unless the schedule specifically indicates otherwise.
Effective the first full pay period following ratification by the City Council in open session, the City shall add three additional steps at two and a half percent (2.5%) 876
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each step. Progression in the additional steps will require one year of paid status within the step prior, (i.e. progression to Step 7 requires 1 year of service in Step 6 and progression to Step 8 requires 1 year of service in Step 7). Following ratification and adoption of this agreement, bargaining unit members who have been at Step 6 for two years or more will be eligible to progress to Step 8 and bargaining unit members who have been at Step 6 for one year will be eligible to progress to Step 7.
Step 8 Acceleration: Following ratification and adoption of this agreement, bargaining unit members who have been at Step 6 for more than 1 year shall progress as follows:
Bargaining unit members who have been at Step 6 for two years or more will be eligible to progress to Step 8;
Bargaining unit members who have been at Step 6 for more than one (1) year but less than two (2) years of service (at Step 6), shall immediately advance to Step 7 but shall receive credit for all prior service time accrued at Step 6 towards progression to Step 8. For example, a member who has 18 months of service at Step 6 shall be moved to Step 7 and then shall be moved to Step 8 after six additional months of service. Once advanced to Step 8, members shall thereafter progress to Step 9 upon completion of one (1) year of paid service in Step 8, consistent with the standard progression schedule.
15.3 Salary Upon Appointment
Except as herein otherwise provided, the entrance salary step for a new employee entering the classified service shall be the minimum salary step for the class to which appointed. When circumstances warrant, the City Manager may approve an entrance salary which is more than the minimum salary step for the class to which that employee is appointed. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.
15.4 Salary Equivalents
Any monthly, daily or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases when in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different 877
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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.
15.5 Effective July 1, 2005 – Salary Step Plan – Police Officers Appointed On Or After January 1, 1999
There shall be six (6) salary steps for the classification of Police Sergeant and Police Officer. Eligible employees will be moved to the next step every twelve (12) months. Any reference in this MOUMemorandum of Understanding to a different schedule for step increase shall be adjusted accordingly. In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first salary step after receiving the recommendation of the department head. The same provisions shall apply to hourly-paid and part-time persons.
All step references below are to the salary schedule for the Police Officer classification. Non-Sworn Police Officer Trainees are hired at the rate identified in the single step salary classification for Police Officer Trainee.
The first salary step shall be the minimum salary rate and shall be the normal hiring rate for the classification of Police Officer.
The second salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the first salary step and upon the written recommendation of the department head.
The third salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the second salary step and upon the written recommendation of the department head.
The fourth salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the third salary step and upon the written recommendation of the department head.
The fifth salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the fourth salary step and upon the recommendation of the department head.
The sixth salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the fifth salary step and upon the recommendation of the department head.
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Regardless of an employee's length of service, salary step advancements in any given class may be made upon recommendation of the department head with the approval of the City Manager, but not above Step 3 for a given range.
Salary step increases shall be effective 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.
If a department head recommends to withhold salary increases because an employee has not achieved the level of performance required for the position, the recommendation of notice must be received by the City Manager at least four (4) weeks in advance of the employee’s eligibility date. The affected employee shall be furnished a copy of the department head’s recommendation.
Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.
Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.
15.6 Salary Step Plan – Non-Sworn Police Officer Trainee Status An employee with the status of Non-Sworn Police Officer Trainee shall be paid at sStep one (1) of the Police Officer Trainee salary range. Upon passing all the requirements of the Basic Peace Officer Academy and transfer to the sworn position of Police Officer, the employee shall be paid at sStep one (1) of the salary range of Police Officer. The Trainee shall not qualify for Safety status while in the Academy.
15.7 Salary Step After Military Leave
All employees who have been granted a military leave shall, upon their return to the City service, 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.
15.8 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 879
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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.
15.9 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one class to a position in a higher class, and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the salary scale of the higher class which is approximately five percent (5%) but in no case less than four percent (4%) above the rate they have been receiving, except that the next step shall not exceed the maximum salary of the higher class. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which they are demoted, and the specific rate of pay within the range shall be final.
15.10 Salary On Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation unless there has been an increase within the salary range.
15.11 Special Assignment Differential
(a) All Police Unit employees 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 “Special Assignment” differential equal to five percent (5%) of the employee’s current base pay.
This pay is in exchange for the elimination of extra holiday compensation for these positions.
(b) While not all-inclusive, examples of those special assignments wherein the Special Assignment Differential would apply include positions within the Investigations Division, Administrative Services Division, Technical Services Division, Special Operations Division, Traffic Section, and Professional Standards Section. The primary qualifying factor for Special Assignment Differential is that the special assignment is one in which the assigned personnel generally observe all holidays off, as the section/unit “closes” on holidays. These can generally be described as “non-patrol” assignments.
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15.12 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay, twenty six pay periods per year 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.for all employees in the bargaining unit.
15.13 Police Sergeant Compaction Reopener
In the event a compaction issue arises within the Sergeant classification as a result of an officer promoting to a higher step than a current Sergeant, the parties agree to meet and confer to resolve the compaction issue. 881
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SECTION 16. RESIDENCY
All sworn public safety officers in the employ of the City of Stockton shall reside within a geographic area from which they can reach City Hall within forty-five (45) minutes.
SECTION 17. SEVERABILITY OF PROVISIONS
In the event that any provision of the MOUMemorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the MOUMemorandum of Understanding shall be null and void, but such nullification shall not affect any other provisions of this MOUMemorandum of Understanding, all of which other provisions shall remain in full force and effect.
SECTION 18. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOUMemorandum of Understanding.
This MOUMemorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Association.
SECTION 19. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this MOUMemorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither party shall, during the term of this MOUMemorandum of Understanding, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOUMemorandum of Understanding by mutual agreement.
SECTION 20. DURATION
All provisions of this MOUMemorandum of Understanding shall be effective July 1, 20222025, and shall remain in full force and effect to and including the 30th day of June, 20252028.
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SECTION 21. 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 hereby agrees that during the course of negotiations necessary to conclude a successor aAgreement to this MOUMemorandum of Understanding, the Association or any person acting in its behalf, or each employee in a classification represented by the Association shall not cause, authorize, engage in, 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 sSection. The City may take other action which it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this sSection 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 of this MOUMemorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this MOUMemorandum of Understanding.
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SECTION 22. CITY RIGHTS
(a) The Association recognizes that the rights of the City derive from the Constitution of the State of California and the Government Code and not from the MOUMemorandum of Understanding. All matters not specifically addressed in this MOUMemorandum of Understanding are reserved to the City. (b) The Association recognizes and agrees that the exercise of the express and implied powers, rights, duties, and responsibilities by the City, such as, the adoption of policies, rules, regulations and practices, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Memorandum of UnderstandingMOU.
(c) The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing these services limited only by the specific and express terms of this MOUMemorandum of Understanding. The exclusive rights of the City shall include but not be limited to, the right to determine the organization of City government and the mission of its constituent agencies; to determine the nature, quantity and quality of services to be offered to the public and to determine the means of operations, the materials and personnel to be used, the right to introduce new or improved methods or facilities, and to change or alter personnel, methods, means, materials and facilities, to exercise control and discretion over its organization and operations through its managerial employees; to establish and effect rules and regulations consistent with applicable law and the specific and express provisions of this MOUMemorandum of Understanding; to establish and implement standards of selecting City personnel and standards for continued employment with the City; to direct the workforce by determining the work to be performed, the personnel who shall perform the work, assigning overtime and scheduling the work; to take disciplinary action; to relieve its employees from duty because of lack of work or funds; to determine whether goods or services shall be made, purchased or contracted for; and to otherwise act in the interest of efficient service to the community.
In cases of emergency when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. 884
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SECTION 23. CONDITIONAL AGREEMENT RE: PLAN SUPPORT AND
TREATMENT OF CLAIMS
(a) Confirmation of Plan. The City agrees to use its best efforts to obtain confirmation of, and to implement, a plan of adjustment (“Plan”) that is consistent with the terms of this MOUMemorandum of Understanding, or as applicable, its successor MOUMemorandum of Understanding. All of the provisions of this aArticle except 2(c) shall be null and void in the event that the Plan contemplated by this Agreement is not confirmed and does not become effective. (b) SPOA’s Claims. SPOA alleges that its members have claims in the bankruptcy case against the City relating to the City’s modification of its 2009 Memorandum of Understanding (“2009 MOU”), pursuant to Declarations of Fiscal Emergency beginning on or about May 26, 2010 and continuing in effect thereafter, and in connection with the treatment of the claims of SPOA and its members under the Pendency Plan (collectively, the “Claims”), and that, in the aggregate, the Claims exceed thirteen million dollars ($13,000,000). The City disputes the Claims and contends that the Claims would not be allowed in the chapter 9 case. It further asserts that, if the Claims were allowed, they would be allowed in an amount aggregating less than thirteen million dollars ($13,000,000).
In consideration of resolving the above differences and agreement on the MOUMemorandum of Understanding, the City agrees that the Claims shall be provided for in the Plan as follows:
(1) The Claims will be deemed allowed in the chapter 9 case in the aggregate amount of eight million, five hundred thousand dollars ($8,500,000) (the “Allowed Claims”). In consideration for the reduction in the amount of the Claims, SPOA members employed during fiscal year 2010-2011 and/or 2011-2012 shall be credited, upon final approval of the MOU Memorandum of Understanding by the Parties and, if necessary, by the Bankruptcy Court, twenty-two (22) additional hours of paid leave in fiscal year 2012-2013. These additional hours of paid leave shall have no cash value and shall be utilized any time prior to the date upon which the SPOA member leaves employment with the City. Only those employees who were employed during some portion of the period July 1, 2010 and July 1, 2012 and who were still current employees upon the effective date of this Agreement shall be entitled to this treatment.
(2) The Allowed Claims shall be satisfied under the Plan by the City by crediting SPOA members employed during fiscal year 2010-2011 and/or 885
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2011-2012, eleven (11) additional paid leave hours in the fiscal year of approval of the Plan and eleven (11) additional paid leave hours in the fiscal year after approval of the Plan. This benefit shall only apply to those employees who were employed during some portion of the period July 1, 2010 and July 1, 2012 and who are current employees as of the date the Plan is approved by the Bankruptcy Court. The total additional paid leave per SPOA member under paragraphs 2(a) and 2(b) of this article shall equal forty-four (44) hours. These additional paid leave hours shall have no cash value, and shall be utilized any time prior to the date upon which the SPOA member leaves employment with the City. It is understood that the provision of these hours shall be the sole compensation for the Claims of SPOA and its members. The additional twenty-two (22) hours additional paid leave credit contained in this paragraph 2(b) shall be contingent upon confirmation of the Plan and on the Plan becoming effective.
(3) Notwithstanding the foregoing, in the event that the Plan is not confirmed and does not become effective, the Claims shall not be allowed as specified herein, and both SPOA and the City agree that the Claims will be considered unresolved, with each Party reserving the right to assert or contest the Claims; provided, however, that the monetary equivalent of any paid leave hours taken pursuant to this aArticle shall serve as a credit against the Claims.
(c) Implementation of 2012-2014 SPOA Memorandum of Understanding. The City shall include in its proposed Plan provisions that give effect to and comport with the terms of this Agreement.
(d) Plan Support. SPOA agrees to use its best efforts to support the Plan, the provisions of which include the treatment of the Claims as described above, and which are consistent with the terms of the MOUMemorandum of Understanding.
SPOA’s support for the Plan shall include statements in papers filed in the Bankruptcy Court and in appearances by its counsel in Bankruptcy Court. SPOA shall use its best efforts to cause its members to vote to approve the Plan, to withdraw any proofs of claim they have filed which are inconsistent with the MOUMemorandum of Understanding and not object to, or otherwise commence any proceeding against, or take any other action opposing any of the terms of the MOUMemorandum of Understanding, the Plan or any disclosure statement filed in connection with the Plan. At the City’s request, such support may also include the execution by SPOA of an agreement to recommend that its members vote in favor of the Plan.
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(e) Further Assurances. The Parties agree to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be reasonably appropriate or necessary, from time to time, to effectuate the agreements and understandings of the Parties, whether the same occurs before or after the date of this Agreement.
(f) Release of Claims. Except for the Parties’ respective obligations stated in the MOUMemorandum of Understanding, SPOA, on behalf of all employees in its bargaining unit, and the City hereby release and discharge each other, and their respective past or present parents, subsidiaries, successors, predecessors, assigns, and their respective officers, directors, employees, agents, attorneys, and each of them, from and against any and all defenses, claims, demands, losses, damages, and causes of action of whatever kind or nature, whether known or unknown, suspected or unsuspected, which either of them may now or hereafter have against the other in any way related to the Claims and or Litigation Claims (as such term is defined below). This release shall include, but is not limited to, within thirty (30) days of approval of the Plan, dismissing with prejudice litigation and cross litigation claims (“Litigation Claims”) pertaining to San Joaquin County Superior Court case number 39-2010-00245197-CU-WMSTK, San Joaquin Superior Court Case number 39-2010-00253803 and Third Appellate District appellate case numbers C070347 and C068723. These cases shall remain stayed until the occurrence of the effective date of the Plan or the dismissal of the chapter 9 case. The Parties agree to waive any and all claims for attorneys’ fees or costs associated with the Litigation Claims.
The Parties, and each of them, hereby waive the provisions of sSection 1542 of the California Civil Code, which reads as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.
The Parties, and each of them, understand that if the facts with respect to which this release is given turn out to be different from the facts now known or believed by either of them to be true, each of them expressly assumes the risk of the facts turning out to be different, and agrees that this release shall be in all respects effective and not subject to termination or rescission by any such difference in facts.
This release shall be binding upon and inure to the benefit of the Parties and their respective past or present parents, subsidiaries, successors, predecessors, 887
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assigns, and their respective officers, directors, employees, agents, attorneys, including but not limited to all bargaining unit employees, and each of them.
This release shall not apply to any pending disciplinary cases, or grievances pertaining to those disciplinary cases, but shall apply to any lawsuits filed related to those disciplinary cases.
(g) Resolution of Dispute regarding the Property at 1132 N. Country Club Rd., Stockton, CA (“the Property”). City agrees to waive SPOA’s obligation to sell the Property identified in MOUMemorandum of Understanding sSection 23(g), contingent on dismissal of all pending litigation pursuant to sSection 23(f). SPOA shall continue renting the Property to third parties. No SPOA member, family member, agent or person within SPOA’s control shall apply to rent the Property. (1) In renting the Property, SPOA shall utilize a licensed third- party rental agent not affiliated with SPOA or its agents.
(2) SPOA shall sell the Property not later than November 1, 2015, unless this provision is waived in writing by the City. (3) The Property shall be maintained in its present state and SPOA shall exercise its best efforts to ensure that its tenants not interfere with the City Manager’s quiet enjoyment of their home.
(4) SPOA shall not seek to change the use of the Property as a single family residence (maximum two unrelated adults, or two adults and two children).
(5) Notwithstanding the effective date and expiration date of the MOUMemorandum of Understanding, this section (g)(1) shall be effective November 1, 2012, and shall apply to the SPOA’s current efforts to lease the Property. It shall expire upon the sale of the Property, unless otherwise agreed by the Parties.
(h) No Admissions. Except to acknowledge responsibility to perform the terms of this aArticle or to enforce those terms, the Parties agree that nothing contained in this aArticle or any action taken or the failure to take any action pursuant to this aArticle ever is to be construed as an admission or evidence tending to establish the validity of either Party's claims, including the initial Claims. (i) Rules of Construction. The Parties agree that any rule of construction to the effect that ambiguities are resolved against the drafting party shall not apply to 888
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the interpretation of this aArticle, since both Parties have reviewed it with counsel of their respective choice. Otherwise, this aArticle shall be governed by and interpreted in accordance with the law of the State of California and the Bankruptcy Code.
SECTION 24. CONCLUSIVENESS
(a) The specific provisions contained in the Agreement constitute the entire and sole agreement between the City and the Association and shall prevail over existing City ordinances, resolutions, rules and regulations, policies, procedures, and practices wherever there is a direct conflict between previous written policies and practices and a specifically contradictory term of this Agreement. Existing written policies, rules, regulations, ordinances and resolutions shall be amended to conform to the terms of this Agreement. Only those policies and practices directly and expressly revised by this Agreement shall be deemed to be modified by this Agreement.
(b) All matters not addressed specifically and expressly by this Agreement are, and shall continue to be, within the exclusive decision-making authority of the City and shall not be in any way, directly or indirectly, subject to any grievance procedure.
(c) This Agreement may be altered, changes, added to, deleted from, or modified only through the voluntary consent of the City and the Association in a written and signed amendment to this Agreement.
(d) During the term of this agreement, the City shall not exercise any discretion to defund or otherwise alter the financial terms of the Side Letter Agreement ensuring that all agreed-upon compensation and benefits are fully funded and implemented during the term of this agreement. This conclusiveness clause shall sunset at the end of this agreement, June 30, 2028.
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APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1- Effective 7/1/22;
Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Police Officer 6,055.40 6,366.58 6,694.48 7,037.52 7,400.36 7,779.88 COLA and MA year 1 (9.8%) 593.44 623.92 656.06 689.68 725.24 762.44 Year 1 - Monthly Salary 6,648.84 6,990.50 7,350.54 7,727.20 8,125.60 8,542.32 COLA and MA year 2 (4%) 265.96 279.62 294.02 309.08 325.04 341.68 Year 2 - Monthly Salary 6,914.80 7,270.12 7,644.56 8,036.28 8,450.64 8,884.00 COLA and MA year 3 (4%) 276.60 290.82 305.78 321.46 338.02 355.36 Year 3 - Monthly Salary 7,191.40 7,560.94 7,950.34 8,357.74 8,788.66 9,239.36 Police Officer Recruit 5,134.74
COLA and MA year 1 (9.8%) 503.22
Year 1 - Monthly Salary 5,637.96
COLA and MA year 2 (4%) 225.51
Year 2 - Monthly Salary 5,863.46
COLA and MA year 3 (4%) 234.56
Year 3 - Monthly Salary 6,098.02
Police Officer Trainee 5,134.74
COLA and MA year 1 (9.8%) 503.22
Year 1 - Monthly Salary 5,637.96
COLA and MA year 2 (4%) 225.51
Year 2 - Monthly Salary 5,863.46
COLA and MA year 3 (4%) 234.56
Year 3 - Monthly Salary 6,098.02
Police Sergeant 7,159.02 7,527.88 7,913.48 8,320.32 8,748.40 9,197.74 COLA and MA year 1 (9.8%) 701.56 737.74 775.52 815.40 857.34 901.38 Year 1 - Monthly Salary 7,860.58 8,265.62 8,689.00 9,135.72 9,605.74 10,099.12 COLA and MA year 2 (4%) 314.42 330.62 347.56 365.42 384.22 403.96 Year 2 - Monthly Salary 8,175.00 8,596.24 9,036.56 9,501.14 9,989.96 10,503.08 COLA and MA year 3 (4%) 327.02 343.86 361.46 380.06 399.60 420.14 Year 3 - Monthly Salary 8,502.02 8,940.10 9,398.02 9,881.20 10,389.56 10,923.22 890
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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 SPOA and the City of Stockton have hereto executed this Memorandum of Understanding this ____day of _________, 20222026.
For the City of Stockton: For the Stockton Police Officers Association:
_________________________________ _________________________________
HARRY BLACKJOHNNY FORD PATRICK HIGH
City Manager President
_________________________________ _________________________________
ROSEMARY RIVASALECIA FIGIEROA JEREMIAH SKAGGSCHRIS SHERMAN Interim Acting Director of Human Resources Vice -President Approved as to form: _________________________________
LORI M. ASUNCION, City Attorney MARK BARTLEYSTACIE CASABIAN Negotiator for Association
By:
_________________________________
MARCI A. ARREDONDO
Deputy City Attorney
By:
_________________________________
BURKE DUNPHY CHE JOHNSON
Negotiator for the City
ATTEST:
________________________________
ELIZA GARZAKATHERINE ROLAND
City Clerk
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892
City of Stockton Costing as of 6/30/2026
POA - 2026 - Proposal Costing
Costing of 2 Year Contract
Proposal # Description FY 2026-27 FY 2027-28
Term - 2 Years
Salary - COLA 6% Year 1, 4% Year 2 5,601,291 3,958,217 9,559,508 Lump Sum Payment - $2500 One-Time 1,396,500 - 1,396,500 Salary Range Adjustment - Steps 7-9 2,473,884 4,174,191 6,648,075 TOTAL 9,471,675 8,132,408 17,604,083
Funding Sources (Estimated):
Fund Fund Desc Year 1 Year 2 Allocation
100 GENERAL FUND 8,808,658 7,563,139 93%
200 MEASURE W 568,301 487,944 6%
260 OTH SP REV 94,717 81,324 1%
TOTAL 9,471,675 8,132,408 100.0%
Annual Cost Increase
Total
ATTACHMENT B
893
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE OFFICERS
ASSOCIATION AND AUTHORIZING ITS IMPLEMENTATION
The City’s negotiating team met and conferred with officials of the Stockton Police Officers Association and reached an agreement for a successor Memorandum of Understanding. The SPOA ratified the agreement by a majority vote of their members; and
The City of Stockton and the Stockton Police Officers Association have in good faith completed their meet and confer obligations regarding their successor Memorandum of Understanding. Human Resources and the Administrative Services Department have conducted a comprehensive review of the existing Memorandum of Understanding and have recommended revisions to salary and administrative provisions; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Memorandum of Understanding between the City of Stockton and the Stockton Police Officers Association is attached hereto as Exhibit 1 and made part hereof by this reference, is hereby approved, and adopted.
2. The City Manager is hereby authorized and directed to execute the Stockton Police Officers Association Memorandum of Understanding to be effective July 1, 2025.
3. The City Manager is hereby authorized and directed to increase expenditure appropriations in the annual budget for Fiscal Year 2026-27, as necessary to carry out the intent of the agreement as shown in Exhibit 2.
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4. The City Manager and the Acting Director of Human Resources are authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED July 7, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE D. ROLAND, CMC, CPMC
City Clerk of the City of Stockton
895
EXHIBIT 1
MEMORANDUM OF UNDERSTANDING BETWEEN THE STOCKTON POLICE
OFFICERS ASSOCIATION AND CITY OF STOCKTON
TERM: July 1, 2025 – June 30, 2028
896
EXHIBIT 1
STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2025 – June 30, 2028
CITY OF STOCKTON 2
TABLE OF CONTENTS
Section 1. Recognition ................................................................................................... 3 Section 2. Association Rights......................................................................................... 4 Section 3. Compliance With Local, State & Federal Laws.............................................. 7 Section 4. Probationary Period....................................................................................... 8 Section 5. Layoff .......................................................................................................... 10 Section 6. Reemployment/Reinstatement .................................................................... 12 Section 7. Discipline..................................................................................................... 13 Section 8. Grievance Procedures................................................................................. 14 Section 9. Leaves......................................................................................................... 18 Section 10. Days And Hours of Work........................................................................... 27 Section 11. Overtime.................................................................................................... 28 Section 12. Holidays..................................................................................................... 33 Section 13. Compensation and Allowances Other Than Base Salary .......................... 35 Section 14. Insurance Plans......................................................................................... 42 Section 15. Salary Plan................................................................................................ 46 Section 16. Residency.................................................................................................. 51 Section 17. Severability of Provisions .......................................................................... 51 Section 18. Past Practices and Existing Memoranda Of Understanding...................... 51 Section 19. Scope Of Agreement................................................................................. 51 Section 20. Duration..................................................................................................... 51 Section 21. Maintenance Of Operations....................................................................... 52 Section 22. City Rights ................................................................................................. 53 Section 23. Conditional Agreement Re: Plan Support And Treatment Of Claims ........ 54 Section 24. Conclusiveness ......................................................................................... 58 897
EXHIBIT 1
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CITY OF STOCKTON 3
This agreement (the “Agreement” or “MOU”) is made and entered into as of _______________ by and among the City of Stockton, California (the "City" or "Stockton") and the Stockton Police Officers Association (“SPOA”), sometimes collectively referred to as the “Parties.”
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 Officers' Association, hereinafter referred to as the "Association" is the recognized employee organization for the Police Officers' Unit, certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.
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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 Association 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, assessments, and payments for membership benefits programs sponsored by the Association from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, 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 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in 899
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time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. 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 New Hire Employee Orientation and Information Requirements 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.
2.3 Use of City Facilities
(a) 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.
(b) 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. 900
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(c) City buildings and other facilities may be made available for use by City employees of the Association or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
2.4 Attendance at Meetings by Employees/Association Release Time Release Time Related to Meet and Confer. City employees who are official representatives of the Association shall be given reasonable time off with pay, in accordance with the Meyers-Milias-Brown Act (MMBA), to attend meetings with City management representatives, or be present at administrative hearings 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 submit a request for an excused absence to their department head in a manner satisfactory prior to the scheduled meeting whenever possible. The number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed five (5), except by mutual agreement.
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SECTION 3. COMPLIANCE WITH LOCAL, STATE & FEDERAL LAWS
3.1 The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over forty (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 Association activity, or any other protected trait as determined by Federal, State and/or local law.
3.2 The Association shall cooperate with the City in the objectives of Equal Employment Opportunities as required by law.
3.3 The Association shall cooperate with the City in the objectives of the Fair Labor Standards Act (FLSA).
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SECTION 4. PROBATIONARY PERIOD
4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to their position, and for eliminating any probationary employee whose performance does not meet the required standards of work.
4.2 Original Entrance Positions
The City agrees that it shall adhere to all applicable City Ordinances, State and Federal laws relating to the employment of Police Officers, including standards established by the Peace Officers' Standards and Training Division of the California Department of Justice.
All original entrance positions shall be tentative and subject to a probationary period of eighteen (18) months. The probationary period for entrance positions shall not be extended.
4.3 Promotional Positions
All promotional police appointments shall be subject to a probationary period of twelve (12) months. The probationary period for police promotional positions shall not be extended.
4.4 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 effect and stating that the retention of such employee in the service is desired.
During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee 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 Article XXXII Section 9, Civil Service Ordinance, and Civil Service Rules.
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4.5 Probationer Advanced To Higher Rank
Any promotional probationary police employee who is advanced to a higher classification or is appointed to the rank of Chief of Police or Deputy Chief of Police shall receive credit towards their promotional probationary period for the lower rank while serving in the higher probationary or appointive rank. 904
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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 their 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 service in that class, 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 same eligibility list upon which the employees were subsequently hired.
5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the 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 working in that classification who has the least seniority in that classification. The voluntary demoted employee’s seniority in the classification to which demoted shall be determined by the date of hire in the lower classification.
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SECTION 6. REEMPLOYMENT/REINSTATEMENT
6.1 Reemployment
When an employee in the classified service who has been performing their duties in a satisfactory manner, as shown by the records of the department in which they have been employed, is laid off because of lack of funds, abolition of their position, or has been on 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 such employee to be placed on a reemployment list for the appropriate class for reemployment consistent with Civil Service Rule VII Certification and Appointment pertaining to Police safety positions, currently in effect.
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." 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.
6.2 Reinstatement on a Reemployment List
A regular status employee who has resigned in good standing may, with the recommendation of the Police Chief, the City Manager, and the approval of the Civil Service Commission, be restored to a reemployment list of the same classification held upon resignation within a period of one (1) year from the effective date of their resignation.
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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, 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 file an appeal.
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 written notification of the action. (Such filing will foreclose use of the grievance procedure.)
(c) File a grievance as provided for in section 8 starting at Step 2 with the Director of Human Resources within ten (10) business days of written notification of the action, or fourteen (14) business days following the mailing of a written notice by first-class mail to the employee's address contained in their official personnel records. Appeals to the grievance process concerning terminations of employment will be expedited and shall be filed directly at step three (3) with a CC to the Director of Human Resources.
For purposes of this subsection, "business day" shall mean a day on which the Human Resources Department is open for business to the public.
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 and regulations as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, 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 date of receipt of written notification of such action, or within fourteen (14) business days following mailing of written notification by first-class mail to the employee's address contained in their official personnel records.
For purposes of this subsection, "business day" shall mean a day on which the Human Resources Department is open for business to the public.
8.3 Grievance Processing
(a) Step 1 - Departmental 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 seven (7) business 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. Any employee or any official of the Association 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) business 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 paragraphs which has not first been filed and investigated in 909
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accordance with this paragraph except for the resolution of compensation complaints.
(c) Step 3 - City Manager Review. Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the complainant or by the Director of Human Resources.
Such 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.
Failure to complete this step within sixty (60) calendar days shall result in the grievance automatically proceeding to step four (4) of the grievance procedure.
(d) Step 4 - Arbitration. Either the Association or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Association and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. (e) Effect of Decision. The decision of the arbitrator on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.
Proposals to add to or change this Memorandum of Understanding (MOU) or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. No arbitrator selected pursuant to this section shall have the power to amend or modify this MOU or written agreements or addenda 910
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supplementary hereto or to establish any new terms or conditions of employment.
No changes in this MOU or interpretations thereof (except interpretations resulting from the 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, except in cases where the City determines that the basis of the compensation issue was a result of a clerical error, the adjustment shall be no more than three hundred and sixty-five (365) 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, nor shall it be administered in a manner which 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 a differing option 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. 912
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SECTION 9. LEAVES
9.1 Sick Leave
(a) Accrual. All regular status employees, except provisional, temporary, and part-time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees, except provisional, temporary, and part-time employees, 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, 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) Usage for Family. 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.
For the purposes of this section, immediate family is defined as the employee’s parents, spouse, registered domestic partner, child (child as defined as biological, step, foster or adopted child; a legal ward; child of domestic partner; a child to whom the employee stands in loco parentis), legal dependent, brother, sister, mother-in-law, father-in-law, brother-inlaw, 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. 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 913
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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, type of sick leave to be used, 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 department head.
(e) Doctor's Certificate or Other Proof. The Police Chief or designee may require a doctor’s certificate or other reasonable proof of illness as they deem necessary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that they will be required to provide such documentation.
Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay.
(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. Except as provided in section (h), all sick leave shall have no cash value upon separation of employment, and employees shall not be allowed to cash out unused sick leave. Current employees shall be eligible for California Public Employees’ Retirement System (CalPERS) service credit for unused sick leave at retirement.
Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for that service credit. Effective July 1, 2016, the City will begin to pay the PERS .351% 914
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Cost Pick-Up for Credit for Unused Sick Leave for those members hired on or before August 16, 2013.
(h) Sick Leave Retention Benefit. After subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date; (2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
9.2 Military Leave
An employee of the City 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) 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, Space Force or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the position they held when they were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary employee having served their minimum probationary period of eighteen (18) months at the time of induction, it shall be 915
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optional with the department head and the City Manager to grant regular status to said employee before induction.
All probationary employees inducted into Military Service not having served the minimum probationary period of 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, 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.
9.3 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:
(a) Said absence from duty will be compensated for actual hours the employee serves on the jury or is required to remain in court to testify as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the City’s Chief Financial Officer (CFO), through the employee's department head, within fifteen (15) days after receipt all fees received except those specifically allowed for mileage and expenses. (b) Jury duty or witness duty appearances shall be considered in terms of actual hours spent performing those duties. If an employee is not due to appear for jury duty or as a witness until afternoon court session, they will be expected to work their usual morning 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.
(c) Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party. 916
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Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City’s CFO through the employee's department head.
Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of this section.
9.4 Bereavement Leave
In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to their accumulated sick leave or vacation eligibility. 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, the immediate family shall be restricted to the employees’ parents, spouse, registered domestic partner, child (child as defined as biological, step, foster, or adopted child; a legal ward; child of domestic partner; a child to whom the employee stands in loco parentis), legal dependent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee as defined above, the 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.
9.5 Workers’ Compensation Leave
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 requiring medical care is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of a personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources. 917
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9.6 Leave of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.
Unless otherwise provided, the 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 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 premiums 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 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.
9.7 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 a 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) 918
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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 of absence 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 their 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 head at any time.
9.8 Absence Without Leave
(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 head or City Manager, or at the expiration of a leave, shall be considered an absence without leave.
(b) Voluntary Resignation. Any employee of this bargaining unit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of either sixteen (16) hours or twenty (20) hours in any calendar month 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.
9.9 Vacation Leave
(a) Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave with pay on a per pay period basis in accordance with the following schedule:
Less than 1½ years continuous employment ........................ 80 hours/year After 1½ years up to 7½ years............ ……………………… 108 hours/year After 7½ years up to 15 years.............................................. 144 hours/year After 15 years up to 25 years............................................... 189 hours/year Seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
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Effective as soon as administratively possible following adoption of this contract by the City Council, but no later than December 31, 2022, employees will accrue vacation based on their initial Peace Officer Standards and Training (P.O.S.T.) certification date if that date is earlier than their most recent hire date with the City. This change shall apply on a going forward basis only. Employees are responsible for informing the City of their initial P.O.S.T. certification date if it differs from their most recent hire date with the City.
(b) Vacation Accumulation. Effective July 1, 2012, the following maximum vacation accruals 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 who, on July 1, 2012, have vacation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation hours to satisfy the maximum allowed. If an employee does not satisfy the maximum by June 30, 2013, they shall retain their existing earned vacation hours, but shall not earn any additional vacation until the employee’s vacation balance is under the maximum vacation accrual allowed.
The maximum number of vacation hours that employees on a (forty) 40- hour workweek shall accrue are as follows:
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
(c) Vacation Schedule. The time at which employees shall be granted vacation leave shall be at the discretion of the department head with due regard for the wishes of the employee and needs of the City. 920
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(d) Vacation Allowance for Separated Employees
(1) An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City.
Payment for unused vacation shall be made at the final rate of pay.
Payment for the unused vacation hours shall be paid postseparation 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. (2) An employee who has resigned in good standing and is subsequently reinstated within one (1) year from the date of their resignation shall have their prior service counted in determining eligibility for vacation benefits, deducting therefrom the amount of time between the date of resignation and the date of reinstatement which shall not be counted in determining eligibility.
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SECTION 10. DAYS AND HOURS OF WORK
10.1 Regular Workweek
The 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, 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 City Manager may institute alternate work schedules, consistent with provisions of the State Law.
10.2 Regular Workweek for Patrol
The work schedule for patrol is the current 4/10 work schedule. The Chief of Police may change the start/finish time of a shift after providing written notification.
10.3 Meal Periods
Phase shift employees normally receive a one-half (1/2) hour meal with pay each day.
Other Police Unit employees will normally receive a one (1) hour meal period without pay.
10.4 Furlough bank hours
(a) Furlough Bank. There shall be no cash value provided for any furlough hours since the start of the furlough program in 2009 and all furlough bank hours shall be used in accordance with section 10.4 (b) below. (b) Use of Furlough Hours. All furlough leave shall be scheduled in advance with the employee’s supervisor. All furlough hours must be used prior to accrued vacation and CTO hours. Furlough hours must be scheduled and used prior to the date of separation in accordance with the City’s leave policies.
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SECTION 11. OVERTIME
11.1 Authorization
All compensable overtime must be authorized by the Chief of Police or the Chief’s designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular work day following the date which the overtime was worked.
11.2 Compensation
The following provisions pertaining to authorized statutorily required overtime work shall apply to employees whose normal work period is eight (8) hours per day and forty (40) hours per week (including 9/80 schedules), or ten (10) hours per day and forty (40) hours per week:
(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one-half (1½) including employees employed on a per hour or per day basis or except as provided elsewhere herein.
(b) Hours worked shall include all actual time worked. Furlough hours taken, holiday hours taken, bereavement leave, jury duty leave, and sick leave shall be considered as time worked. Vacation or other compensated time off not specifically identified above shall not be considered as time worked.
(c) Notwithstanding subparagraph (b) above, effective as soon as administratively possible but no later than December 31, 2022, vacation leave taken within the work period shall also count as actual time worked.
The parties agree that the cost value of this modification is approximately zero point two percent (0.2%) of salary for the bargaining unit. 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.
11.3 Court Appearance Pay While in Off Duty Status
(a) An employee required by proper authority to appear in court during offduty hours shall receive compensation of three (3) hours at time and 924
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one-half (1½) or actual time worked at the appropriate rate, whichever is greater.
Multiple subpoenas covering the same case on the same day or multiple subpoenas for either the morning or the afternoon do not count as separate incidents for the purpose of minimum compensation. However, a subpoena to attend court for one (1) case in the morning and a subpoena to attend court for a second case in the afternoon will count as separate incidents for purposes of minimum compensation.
(b) Voluntary Court Standby. Police Unit employees who voluntarily place themselves on standby for court appearance while off duty shall receive one (1) hour of pay at the regular rate for the four (4) hours of standby for the a.m. and, if required to remain on standby, one (1) additional hour at the regular rate of pay for the additional four (4) hours of standby for the p.m.
11.4 Call-Back Policy
(a) Employees who are off-duty and ordered to respond without delay to an unplanned incident outside their normal scheduled shift shall receive time and one-half (1.5) at the employee’s regular rate of pay for the actual time worked or a minimum of five (5) hours, whichever is greater. (b) Employees shall not receive the minimum of 5 hours of overtime in section (a) above and shall instead receive a minimum of three (3) hours of time and one-half (1.5) (at the employee’s regular rate of pay) if all the following applies:
(1) an employee receives less than 48 hours’ notice to report to work; and (2) an employee is required to report to duty within 120 minutes before their scheduled start time; and
(3) the employee is required to report on a scheduled workday, and then begins their normal shift.
(c) For any portion of the call-back period that overlaps with the employee’s normal shift, the employee shall be compensated at time and one-half (1 ½) but shall not also receive straight time pay in addition to the overtime pay for that overlapping period.
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