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Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
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Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
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ATTACHMENT A
507
97 One-to-one and one-to-many
collaboration and coordination
SMS, push to talk, video,
voice, etc.
Yes
No
n/a *
98 Public safety focused data and
analysis applications
Video, image, and pattern
analysis, acoustic firearms
discharge identification,
incident response, investigative
lead development, predictive
analysis, and other data
source integration
Yes
No
n/a
*
99 Category 2 - Public Safety
Response Agency Operations
Yes
No
n/a *
100 Pre-incident planning software Fire prevention related inspections and enforcement
Yes
No
n/a *
101 Operational management
(scheduling, training,
compliance, etc.)
Yes
No
The NEOGOV products
associated with this
category/subcategory are:
CoreHR, Benefits, Time
and Attendance, Payroll,
Payroll Services, Perform,
Learn, Eforms, Onboard,
Insight, Attract, Integrations,
Policy, Ready, Time,
Schedule, Vetted,
Standards, Engage, Line,
IA, Vitals, Action, and
Recall.
*
102 Data analytics to inform
staffing, deployment, station
location, budget, and other
management decisions.
Yes
No
n/a
*
103 Incident/post-incident software CAD, RMS for law
enforcement, fire, and EMS
Yes
No
n/a *
104 Electronic Patient Care
Reporting (ePCR) and data
transfer to hospitals
Yes
No
n/a
*
105 Digital and physical evidence
management
Yes
No
n/a *
106 E-citation systems Yes
No
n/a *
107 Law enforcement case
management
Yes
No
The NEOGOV product
associated with this
category/subcategory is: IA
*
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following :
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
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ATTACHMENT A
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Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
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Bid Number: RFP 030425 Vendor Name: PowerDMS, Inc.
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ATTACHMENT A
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ATTACHMENT A
512
REV 2026-03-31
Exhibit B:
Insurance Requirements
(Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be
ATTACHMENT A
513
REV 2026-03-31
provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation and provide a copy to the City of Stockton, but this provision applies regardless of whether or not an endorsement has been issued.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors. This provision applies regardless of whether or not an endorsement has been issued.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.
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REV 2026-03-31
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Does Not Apply to Commercial General Liability) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
501 W Weber Avenue
Building 1, 4th Floor
Stockton, CA 95203
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City of Stockton
Legislation Text
File #: 26-0782, Version: 1
APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON
AND THE MID-MANAGEMENT/SUPERVISORY LEVEL UNIT (B&C)
RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memorandum of Understanding (MOU) with the Mid-Management/Supervisory Level Unit (B&C) effective July 1, 2026 through June 30, 2029.
It is further recommended that the City Manager be authorized to take any appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the successor MOU.
Summary
In March 2026, City representatives began negotiations with the Mid-Management/Supervisory Level Unit (B&C) for a successor MOU, as the contract was set to expire on June 30, 2026. Following a series of bargaining sessions, the City and the B&C unit 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, increased City contributions toward health insurance premiums, and cleanup language.
The successor MOU for B&C 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 B&C unit represents mid-management and supervisory employees within various City departments. In 2023, the City entered into a three (3) year contract term with B&C. Under this agreement, bargaining unit members received a four percent (4%) cost of living adjustment (COLA) effective July 1, 2023, a three percent (3%) COLA effective July 1, 2024, a three percent (3%) COLA effective July 1, 2025, market adjustments for classifications that were more than ten percent (10%) below median of market effective July 1, 2024 and July 1, 2025, two (2) lump sum payments of two thousand dollars ($2,000) paid out on July 1, 2024 and July 1, 2025, and a two percent (2%) increase to the City’s health contribution for each year of the contract.
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In March 2026, City representatives began negotiations with the B&C unit for a successor MOU. On June 23, 2026, the City reached a tentative agreement on a successor MOU with B&C. On July 6, 2026, B&C notified the City that members had ratified the tentative agreement.
Present Situation
The relevant amendments under the successor MOU for the B&C unit are summarized as follows:
1. MOU contract term for three (3) years effective July 1, 2026, through June 30, 2029 (B&C MOU Section 19).
2. COLAs consisting of a two percent (2%) effective July 1, 2026, a two percent (2%) COLA effective July 1, 2027, and a two percent (2%) COLA effective July 1, 2028 (B&C MOU Section 14).
3. Market Adjustments consisting of a one and a half percent (1.5%) increase for all classifications, and a four point two-five percent (4.25%) increase for Fire Telecommunications Supervisors effective July 12, 2026 (B&C MOU Section 14).
4. Salary Step Plan. Adds salary steps 7, 8, and 9 to the salary schedule. Clarifies that there is a five percent (5%) between steps one (1) through six (6) and two and a half percent (2.5%) between steps seven (7) through nine (9) (B&C MOU Section 14).
5. City Health Contribution. Four percent (4%) increase to the City’s health insurance premium contribution effective January 1, 2027, two percent (2%) increase effective January 1, 2028, and two percent (2%) increase effective January 1, 2029 (B&C MOU Section 13).
6. Reopener Clause for Health Insurance. At B&C’s request, the City will meet and confer regarding premium contributions should medical, dental, and vision insurance premiums increase more than four percent (4%) and if the City’s general fund revenue forecast exceeds three hundred and eighty million dollars for fiscal year 2028/29 (B&C MOU Section 13).
7. Uniform Allowance. Offers a twenty-five dollar ($25) increase to specific classifications and updates the annual value to reflect a per pay period amount. Also offers a fifty dollar ($50) increase to safety protective footwear reimbursements for eligible employees (B&C MOU Section 12).
8. Vacation Sellback provision allows a vacation cash payment option/sell-back of up to forty (40) hours of vacation each calendar year (B&C MOU Section 8).
9. Vacation Accrual. Converts vacation accrual amounts from annual to per pay period amounts.
This change reflects how vacation accruals are currently earned (B&C MOU Section 8).
10.Call Back Pay. Increases call-back pay to three (3) hours of pay for employees who are physically called back to work (B&C MOU Section 12).
11.Bilingual Pay. Updates language to reflect the value of the pay on a bi-weekly basis consistent with current payroll practices (B&C MOU Section 12).
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12.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” (B&C MOU Section 11).
13.Holiday in Lieu for Police and Fire Telecommunications Supervisors. Employees in these classifications that are scheduled without regard for the holidays will receive holiday-in-lieu in the amount of five and a half-percent (5.5%) of their base hourly rate (B&C MOU Section 11).
14.Overtime Eligibility. Clarifies that overtime is paid at the employee’s regular rate of pay and eliminates language referring to Fire Telecommunications Supervisors assigned to a 56-hour workweek as they no longer work a 56-hour workweek (B&C MOU Section 10).
15.Other Leaves with Pay. Offers clean-up language for Jury Duty and Court Leave. Also offers a reopener where the parties agree to continue to meet and confer over a citywide legally protected leaves policy (B&C MOU Section 8).
16.Elimination of language that is duplicative, obsolete, or already governed by City policies or applicable federal and state laws for: City recognition, union rights, non-discrimination, sick leave, bereavement leave, compensatory time off, CalPERS retirement, longevity pay, standby pay, bi-weekly pay period, maintenance of operations, and bankruptcy. These provisions remain fully enforceable and applicable to employees regardless of whether they are specifically referenced in the MOU.
17.Rates of Pay. Defines the different rates of pay for payroll purposes (B&C MOU Section 14).
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 & MARKET Adjustments
The total three-year cost for the COLA and Market adjustment increases to base pay for the 177 employees in the B&C Mid-Management bargaining group is approximately $2.3 million. Of this amount, $1.1 million is a General Fund cost. The table below shows the cost increases for the three- year term of the contract.
ADDITIONAL SALARY STEPS
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bargaining group. The three-year cost of this adjustment is approximately $2.3 million. The impact on the General Fund is approximately $1.1 million.
HEALTH CARE INCREASES
The City has agreed to increase its contribution to the cost of employee health care by 4% in FY27, 2% in FY28, and 2% in FY29. The total three-year cost is approximately $409,000. This would be an additional $198,000 in costs to the General Fund over three years.
UNIFORM & SAFETY ALLOWANCE
An increase of $25 towards the annual uniform allowance, and an additional $50 towards safety footwear is proposed for a three-year cost of $3,300.
VACATION SELLBACK
Bargaining group members may cash out up to 40 vacation hours each year. This would amount to approximately $1.1 million over three years, with a potential impact to the General Fund of roughly $536,000.
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TOTAL COSTS
The total cost of this agreement is approximately $6.1 million. Of this amount, the cost would be approximately $1.9 million in FY27, $1.8 million in FY28, and $2.4 million in FY29. The impact on the General Fund is approximately $2.9 million.
Attachment A - B&C MOU - Redline
Attachment B - B&C Costing Table
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CITY OF STOCKTON
MID-MANAGEMENT/SUPERVISORY LEVEL
MEMORANDUM OF UNDERSTANDING
The Stockton Mid-Management/Supervisory Level bargaining unit 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 (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, 20236, and ending June 30, 20296.
ATTACHMENT A
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MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 1, 20236 – June 30, 20296
CITY OF STOCKTON i
Table of Contents
SECTION 1. RECOGNITION ........................................................................................................................ 1 SECTION 2. ASSOCIATION RIGHTS .......................................................................................................... 1
2.1. Association Membership Dues and Payroll Deductions .............................................................. 1
2.2. New Hire Employee Orientation and Information Requirements................................................. 2
2.3. Use of City Facilities .................................................................................................................... 2
2.4. Advanced Notification .................................................................................................................. 3
2.5. Attendance at Meetings by Employees ....................................................................................... 3 SECTION 3. PROBATION ............................................................................................................................ 3
3.1. Supervisory Level ........................................................................................................................ 3
3.2. Mid-Management Level ............................................................................................................... 3
3.3. Retention/Rejection of Probationer .............................................................................................. 4 SECTION 4. LAYOFF ................................................................................................................................... 4
4.1. Layoff ........................................................................................................................................... 4
4.2. Layoff Scope ................................................................................................................................ 4
4.3. Notice of Layoff ............................................................................................................................ 4
4.4. Precedence by Employment Status ............................................................................................ 5
4.5. Order of Layoff and Employee Options ....................................................................................... 6
4.6. Health and Welfare Benefits During Layoff ................................................................................. 6
4.7. Voluntary Layoff ........................................................................................................................... 6 SECTION 5. REEMPLOYMENT ................................................................................................................... 7 SECTION 6. DISCIPLINE ............................................................................................................................. 7 SECTION 7. GRIEVANCE PROCEDURES ................................................................................................. 8
7.1. Definition ...................................................................................................................................... 8
7.2. Filing Deadline ............................................................................................................................. 8
7.3. Grievance Processing .................................................................................................................. 8
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7.4. Scope of Arbitration ..................................................................................................................... 9
7.5. Other Provisions .......................................................................................................................... 9 SECTION 8. Leaves .................................................................................................................................... 10
8.1. Vacation - FLSA Exempt Employees ........................................................................................ 10
8.2. Vacation - FLSA Non-Exempt Employees ................................................................................. 11
8.3. Vacation Sellback ...................................................................................................................... 12
8.4. Vacation Cash out Upon Separation ......................................................................................... 12
8.5. Sick Leave ................................................................................................................................. 12
8.6. Other Leaves With Pay .............................................................................................................. 14
8.7. Leaves Reopener ...................................................................................................................... 14
8.8. Workers' Compensation Leave .................................................................................................. 14
8.9. Leave of Absence ...................................................................................................................... 15
8.10. Leave of Absence Without Pay ............................................................................................. 15
8.11. Absence Without Official Leave (AWOL) .............................................................................. 16
8.12. Paternal/Adoption/Maternity/Pregnancy Leave ..................................................................... 16 SECTION 9. DAYS AND HOURS OF WORK ............................................................................................ 17
9.1. Workweek .................................................................................................................................. 17
9.2. Meal Periods .............................................................................................................................. 17 SECTION 10. OVERTIME .......................................................................................................................... 17
10.1. Eligibility ................................................................................................................................. 17
10.2. Compensatory Time Off (CTO) ............................................................................................. 18 SECTION 11. HOLIDAYS ........................................................................................................................... 18
11.1. Holidays Observed by the City: ............................................................................................. 18
11.2. Floating Holidays ................................................................................................................... 19
11.3. Holiday in Lieu ....................................................................................................................... 19
11.4. ........................................................................................................................................................ 19 SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY ........................... 20
12.1. CalPERS Retirement ............................................................................................................. 20
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12.2. Uniform Allowance ................................................................................................................ 21
12.3. Deferred Compensation ........................................................................................................ 21
12.4. Mileage Reimbursement for Private Vehicle Use .................................................................. 21
12.5. Longevity Pay ........................................................................................................................ 21
12.6. Call Back Pay ........................................................................................................................ 22
12.7. Standby Pay .......................................................................................................................... 22
12.8. Bilingual Pay .......................................................................................................................... 22
12.9. CalPERS Reportability .......................................................................................................... 22
12.10. “Y” Rate ................................................................................................................................. 22 SECTION 13. INSURANCE PLANS ........................................................................................................... 23
13.1. Reopener Clause for Health Insurance ................................................................................. 23
13.2. Health and Welfare Benefits .................................................................................................. 23
13.3. Group Life Insurance Coverage ............................................................................................ 25
13.4. Long Term Disability Insurance Coverage ............................................................................ 25
13.5. State Disability Insurance ...................................................................................................... 25 SECTION 14. SALARY PLAN .................................................................................................................... 25
14.1. Salary Adjustments ............................................................................................................... 25
14.2. Market Adjustments ............................................................................................................... 26
14.3. Salary Step after Military Leave ............................................................................................ 26
14.4. Salary Step when Salary Range is Increased ....................................................................... 26
14.5. Salary Step after Promotion or Demotion ............................................................................. 26
14.6. Acting Pay ............................................................................................................................. 26
14.7. Temporary Upgrade Pay ....................................................................................................... 27
14.8. Pay Equity Adjustments ........................................................................................................ 27
14.9. Special Assignment Pay ........................................................................................................ 27
14.10. Salary Step Increase ............................................................................................................. 27
14.11. Salary Step Plan .................................................................................................................... 27
14.12. Rates of Pay .......................................................................................................................... 28
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Term: July 1, 20236 – June 30, 20296
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SECTION 15. MAINTENANCE OF OPERATIONS/CITY RIGHTS ............................................................ 28 SECTION 16. SEVERABILITY OF PROVISIONS ...................................................................................... 29 SECTION 17. PAST PRACTICES AND EXISTING MEMORANDUM OF UNDERSTANDING ................. 29 SECTION 18. SCOPE OF AGREEMENT ................................................................................................... 29 SECTION 19. DURATION OF AGREEMENT ............................................................................................ 29 SECTION 1. RECOGNITION ................................ ................................ ................................ ..... 1 SECTION 2. ASSOCIATION RIGHTS ................................ ................................ ....................... 1 SECTION 3. PROBATION ................................ ................................ ................................ ......... 4 SECTION 4. LAYOFF ................................ ................................ ................................ ................ 5 SECTION 5. REEMPLOYMENT ................................ ................................ ................................ 8 SECTION 6. DISCIPLINE ................................ ................................ ................................ .......... 8 SECTION 7. GRIEVANCE PROCEDURES ................................ ................................ ............... 9 SECTION 8. LEAVES ................................ ................................ ................................ ...............11 SECTION 9. DAYS AND HOURS OF WORK ................................ ................................ ...........22 SECTION 10. OVERTIME................................ ................................ ................................ .........22 SECTION 11. HOLIDAYS ................................ ................................ ................................ .........25 SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY ...........27 SECTION 13. INSURANCE PLANS ................................ ................................ ..........................32 SECTION 14. SALARY PLAN ................................ ................................ ................................ ...35 SECTION 15. MAINTENANCE OF OPERATIONS/CITY RIGHTS ................................ ............41 SECTION 16. SEVERABILITY OF PROVISIONS ................................ ................................ .....42 SECTION 17. PAST PRACTICES AND EXISTING MEMORANDUM OF UNDERSTANDING ..42 SECTION 18. SCOPE OF AGREEMENT ................................ ................................ .................42 SECTION 19. DURATION OF AGREEMENT ................................ ................................ ...........42
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Term: July 1, 20236 – June 30, 20296
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Term: July 1, 20236 – June 30, 20296
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 City recognizes the City of Stockton Management B & C Employees Group, herein - after referred to as "Association", is as the recognized employee organization for the Mid-Management/Supervisory Level Bargaining Unit certified pursuant to Resolution No. 91-0014, adopted by the City Council on January 2, 1991.
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 contract.
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, cancelling, or changing payroll deductions for Association membership dues deductions.
(b)(a) As certified in writing by the Association to the City in a manner consistent with the requirement of (SB) 866 the 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 who voluntarily authorize such deductions, as certified in writing by the Association to the City, 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.
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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 1 5th, the deductions will be effective no later than the first full pa y 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)(b) 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 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;
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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
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 individual department heads and when made shall continue until revoked by the department heads.
City buildings and other facilities may be made available for use by City employees or the Association or their representa tive 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.
2.4. Advanced Notification
Except in cases of emergency, reasonable advance written notice shall be given to the Association if related to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate, if requested, wit h the designated management representatives prior to adoption.
After notice is given, t he Association shall have fourteen (14) days to request a meet and confer. If the Associatio n fails to request a meet and confer within this time period, it shall be deemed to have waived its right to meet and confer.
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 practical 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 representatives designated by the City Manager.
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Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 4
2.5. Attendance at Meetings by Employees
City employees Employees who are official representatives or unit representatives of the Association shall be given reasonable time off with pay to attend meetings with City Management representatives, where matters within the scope of representation, or grievances are being considered.
The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Time spent for these purposes while a representative is not scheduled to work shall not be compensated by the City and shall not be considered as hours worked. 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 such purposes shall not exceed three (3) employees.
SECTION 3. COMPLIANCE WITH FEDERAL LAWS
(a) Non-Discrimination. The City and the Association agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin, (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Union activity, or o n any other basis prohibited by applicable Federal and State law against any employee or applicant for employment.
(b) The Association shall cooperate with the City, to the extent required by Federal and State laws and regulations, in furthering the objective of Equal Employment Opportunities, as defined by Federal and State regulations.
SECTION 4.SECTION 3. PROBATION
4.1.3.1. Supervisory Level
All original appointments shall be tentative and subject to a probationary period of one (1) year. Promotional appointments shall be subject to a probationary period of six (6) months. The probationary period shall not be extended.
4.2.3.2. Mid-Management Level
All Mid-Management Level positions do not have Civil Service status. Employment and separation of employment will be consistent with State Law.
ATTACHMENT A
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Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 5
4.3.3.3. Retention/Rejection of Probationer
During the probationary period a Supervisory Level employee may be rejected at any time by the appointing authority. Any employee who held a position in the classified service and subsequently appointed to a position in the unclassified service and subsequ ently removed from such position that employee shall have the right to be employed in a position comparable to their formerly held position in the classified service from which they were promoted unless charges are filed and they are discharged in the mann er provided in section 7 of this MOU, the Civil Service Rules and Regulations, the Stockton Municipal Code, and/or any other applicable City policy.
SECTION 5.SECTION 4. LAYOFF
5.1.4.1. 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. In doing so, the City shall follow the layoff procedure set forth herein below.
5.2.4.2. Layoff Scope
(a) The City shall designate the number of layoffs in each bargaining unit classification for each department of the City.
(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) 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
5.3.4.3. Notice of Layoff
The City will give advance written notice of at least two (2) weeks to employees who will be laid off.
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CITY OF STOCKTON 6
5.4.4.4. Precedence by Employment Status
No bargaining unit employee having regular status shall be laid off while employees working in seasonal, temporary, provisional, or probationary status are retained in the same or comparable classification as such regular status employee.
The order of layoff among bargaining unit employees not having regular status shall be as follows:
(a) First, seasonal employees;
(b) Second, provisional employees;
(c) Third, temporary employees; and
(d) Fourth, probationary employees.
Layoffs shall be by job classification according to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure, regular part -time classes shall be considered separate from regular status full-time classes.
The following provisions shall apply in computing total continuing service:
(a) (Time spent on military leave shall count as service in the event the leave was taken subsequent to entry into regular status City employment. (b) Time worked in seasonal, provisional, temporary, grant or other limited term status shall not count as service.
(c) Time worked in a regular status or probationary status shall count as service.
(d) If two (2) or more employees have the same seniority, the order of seniority shall be determined by their respective ranking on the eligibility list for hire.
If two (2) or more employees have the same seniority, but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.
If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.
(e) Regular status part-time employees shall not have the right to bump regular status full-time employees.
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CITY OF STOCKTON 7
5.5.4.5. Order of Layoff and Employee Options
Reduction in force shall occur in the following order:
(a) The least senior employee occupying the position(s) being eliminated shall be the first laid off. The incumbent designated for layoff shall have the options noted below:
(1) Displacing the least senior employee occupying the same or comparable classification, Citywide.
(2) Taking a voluntary demotion within the City to a classification in which the employee had prior regular status, thus displacing the employee working in that classification who has the least seniority. (b) Seniority for the purposes of application of the layoff procedure in section 5 is determined by total City employment, excluding employment as a seasonal, provisional, or temporary employee.
(c) Comparability of employee classifications for the purposes of application of the layoff procedure in section 5 shall be determined by the Director of Human Resources.
(d) An employee displaced in accordance with section 5 shall be laid off in the same manner as an employee whose position has been abolished.
5.6.4.6. 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 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.
5.7.4.7. Voluntary Layoff
When a determination has been made that a layoff will occur, regular status full-time employees may elect to be voluntarily laid off regardless of their seniority status. The following provisions apply to an employee who so elects to be laid off:
(a) For payroll purposes, the employee will be treated as being on approved leave of absence without pay for up to twelve (12) months. (b) The employee will have the option to either retain sick leave and/or vacation balances for up to one (1) year in anticipation of reemployment or be paid off for those leaves in accordance with applicable provisions of this MOU.
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(c) The names of employees who elect to be voluntarily laid off will be placed on reemployment lists in accordance with section 6.
SECTION 6.SECTION 5. REEMPLOYMENT
(a) 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 City shall cause the name of such employee to be placed on a reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur. The employee shall not be placed on said list or lists without their request. An employee who waives reemployment three times shall have their name removed from this reemployment list unless mutually agreed to by the City and the employee.
(b) 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." (c) In filling vacancies, eligibles on the reemployment lists take precedence over eligibles on any other list for the same class in the department for which the lists apply.
SECTION 7.SECTION 6. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any Supervisory Level employee for cause.
The appointing authority may discharge, suspend, or demote any Supervisory Level employee provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commission and any applicable provisions of law are followed. The Supervisory Level employee may take one (1) of the following actions:
(a) File no grievance.
(b) File a grievance as provided for in section 8.1 within ten (10) business days of written notification of the action.
(c) File an appeal within ten (10) business days of written notification of the action with the Civil Service Commission as appropriate for Supervisory Level employees.
If the employee fails to do (b) or (c) above within the prescribed time frame, these rights will have been waived.
ATTACHMENT A
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Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 9
SECTION 8.SECTION 7. GRIEVANCE PROCEDURES
8.1.7.1. Definition
A grievance is any dispute which involves the interpretation or application of the MOU or appropriate disciplinary action (Supervisory Level employees only) in lieu of a Civil Service Commission appeal.
8.2.7.2. Filing Deadline
No grievance involving demotion, suspension, discharge or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) business days of the time in 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.
8.3.7.3. 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) 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. 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) business 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) business days in which to review the issues and respond to the appeal. No grievance may be processed under the following two (2) paragraphs, which has not first been filed and reviewed in accordance with this paragraph unless the Director of Human Resources fails to respond within the time limit. (c) Step 3 - Voluntary Mediation. The parties may mutually agree to the use of this Step prior to proceeding to Step 4, Arbitration. Either party may with written notice within ten (10) business days of the decision of Step 2, request Step 3. Upon mutual agreement of Step 3, the City will request a representative from the State of California Mediation/Conciliation Service to
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Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 10
review the grievance and make non-binding recommendations to assist the parties in resolving the grievance. The State Mediator will not provide any written documents and is limited to the restriction in Labor Code Section 65 and Attorney General opinions 51/183 and 68/77.
(d) Step 4 - Arbitration. If the grievant or the Association is dissatisfied with the response at Step 2 or Step 3, if used, or if the Director of Human Resources fails to respond within the time limit in Step 2, the grievance may be moved to Step 4 within twenty (20) business days . The grievance will 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 of California Mediation/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.
8.4.7.4. Scope of Arbitration
No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.
Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrated 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.
8.5.7.5. Other Provisions
If the Director of Human Resources in pursuance of the procedures outlined above resolve a grievance which involves suspension or discharge, he/shethey 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
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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 department at Step 1. 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 entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administered in a manner, which would abrogate any power, which ma y be within the sole province and discretion of the Civil Service Commission. Reference to Civil Service Commission is limited to Supervisory Level employees.
All grievances of employees represented by the Association shall be processed under this section. If the Stockton Municipal Code and/or the Civil Service Rules and Regulations requires that differing options be available to the employee, no action under pa ragraph (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.
SECTION 9.SECTION 8. LEAVES
9.1.8.1. Vacation - FLSA Exempt Employees
(a) Vacation Accruals
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 4.62
Eighteen (18) or more but less than ninety
(90) 5.69
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Ninety (90) or more but less than 180 7.23
180 or more but less than 300 8.81
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
Effective July 1, 2012, FLSA exempt employees shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than 1.5 years continuous employment 120 hours/year (2) After 1.5 years up to 7.5 years 148 hours/year
(3) After 7.5 years up to 15 years 188 hours/year
(4) After 15 years up to 25 years 229 hours/year
(5) Seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a per pay period basis.
(b) Maximum Vacation Accrual . Employees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Effective July 1, 2012, the following maximum vacation accruals shall take effect. Bargaining unit employees as of July 1, 2014, that had excess vacation hours rolled into sick leave banks on June 30, 2012, per the parties’ agreement, will now have these hours rolled out of sick leave. For the term of this contract, these leave hours will be considered “special leave” and will have no cash value. Employees have until June 30, 2016 to use special leave hours, otherwise, the hours are forfeited.
The maximum number of vacation hours that employees on a 40 -hour workweek shall can accrue are as follows:
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
9.2.8.2. Vacation - FLSA Non-Exempt Employees
(a) Vacation Accruals
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 3.08
Eighteen (18) or more but less than ninety
(90) 4.15
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Ninety (90) or more but less than 180 5.54
180 or more but less than 300 7.27
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
(a) Vacation Allowance (40-hour workweek). Effective July 1, 2012, FLSA non-exempt employees on a forty -hour workweek shall receive a vacation allowance in accordance with the following schedule:
(1) Less than 1.5 years continuous employment 80 hours/year (2) After 1.5 years up to 7.5 years 108 hours/year
(3) After 7.5 years up to 15 years 144 hours/year
(4) After 15 years up to 25 years 189 hours/year
(5)(1) Seven (7) additional hours hence for each completed year of service in excess of twenty-five (25) years.
.
(c) Maximum Vacation Accrual . Employees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed he re. Maximum Vacation Accrual. FLSA non-exempt employees on a 40-hour workweek reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Effective July 1, 2012, the following maximum vacation accruals shall take effect. For employees who on July 1, 2012 have vacation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation to get under the maximum allowed. If an employee does not get below the maximum by June 30, 2013, they shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.
The maximum number of vacation hours that employees on a 40 -hour workweek shall accrue are as follows:
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
For every year of service beyond twenty-nine (29), the employee is allowed to add an additional seven (7) hours to the maximum accrual cap.
(d) Vacation Allowance (56-hour workweek). FLSA non-exempt employees on a 56 - hour workweek shall receive a vacation allowance, in accordance with the following schedule:
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(1) Less than 1.5 years continuous employment 120
hours/year
(2) After 1.5 years up to 7.5 years 162 hours/year (3) After 7.5 years up to 15 years 216 hours/year
(4) After 15 years up to 25 years 283.5 hours/year (5) Thereafter, 10.5 additional hours hence for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a twice-monthly payroll basis.
(e) Maximum Vacation Accrual. Employees on a 56 -hour workweek reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Effective July 1, 2012, the following maximum vacation accruals shall take effect. Employees, who on July 1, 2012 have vacation balances that exceed their maximum, shall have until June 30, 2013 to use sufficient vacation to get under the maximum allowed. If an employee does not get below the maximum by June 30, 2013, they shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.
The maximum number of vacation hours that employees on a 56 -hour workweek shall accrue are as follows:
Under 1.5 years 300 hours
1.5 – 7.5 years 360 hours
7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
9.3.8.3. Vacation SellbackVacation Sell-back for All Employees in this Unit During the month of December, employees may make an irrevocable election to cash out up to forty (40) 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 November of the following calendar year. Payments are subject to all applicable payroll taxes and withholding.
An employee may elect to receive cash payment for up to a maximum of forty (40) hours of their unused accumulated vacation balance. Effective for FY 2023/2024 and 2024/2025 only, an employee may elect to receive a cash payment for a maximum of forty (40) hours of their 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
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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.
9.4.8.4. 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.
9.5.8.5. Sick Leave
(a) Accrual. All regular status employees, except provisional, temporary and extra-help employees, each shall accrue sick leave at the rate of eight (8) hours for full month of service. All regular status employees, except provisional, temporary and extra -help 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 hours, which the employee would normally have worked, to a maximum of sick leave hours accrued.
An employee may use sick leave for preventive medical, dental, optical care, illness, injury or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.
(c) Family Sick Leave. In accordance with California Labor Code section 233 (“Kin Care”), employees may utilize up to one-half (1/2) of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care that otherwise would not be covered by the Family Medical Leave Act ( FMLA) or the California Family Rights Act ( CFRA) leaves. Such sick leave shall be limited, by the department head, to the time reasonably required to make other arrangements for such care.
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CITY OF STOCKTON 16
For the purpose of this section, such sick leave shall be restricted to the employee’s parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister-in-law, grandparent, grandchild, legal dependent, registered domestic partner, 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. The 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.
(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 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 may be required by the department head. 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 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.
(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
1) Was hospitalized during the period for which sick leave is claimed, or
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2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or 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 accumulated or future accruals of sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(h) CalPERS Service Credit for Unused Sick Leave.
Employees shall be eligible for CalPERS 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 (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
1. Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
2. Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16,2012 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
3. Separation on or 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.
9.6.8.6. Bereavement LeaveOther Leaves With Pay
(a) In the event of a death of anin the immediate family member of an employee, the employee will shall, upon request, be granted up to three five (53) 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 granted an additionalmay use any other paid leave for the remaining two (2) days of bereavement leave. which shall be charged against the employee’s accumulated sick leave or
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vacation leave. For the purposes of this paragraph, the immediate Immediate family shall be is restricted to the employee’s parents, current stepparents, spouse, mother-in-law, father-in-lawparent-in-law, child (as defined by CFRA), stepchild, brother, sister, 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 the employee ’s must use accumulated sick leave or annual vacation leave.
8.7. Jury Duty Leave
When an employee is summoned to jury duty they will promptly inform their supervisor and, if required to serve, may be absent from work without loss of wages or use of accrued leave while rendering such service (including travel time). Upon being excused from the court each day, the employee must return to work if they have more than four (4) hours remaining before the end of their workday.
8.8. Court Leave
Time spent by an employee traveling to/from and attending or appearing in any court or tribunal for any civil or criminal matter where the employee’s attendance results from performance of their official duties as a City employee is considered time worked.
8.9. Leaves Reopener
The City of Stockton and B&C will continue to meet and confer over a citywide legally protected leaves policy.
(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 pro per authority, in accordance with the following provisions:
Said absence from duty including necessary travel time, will be for actual hours served on jury duty or is required to remain in court to testify as a witness in a criminal case, other than as a defendant. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received excep t those specifically allowed for mileage and expenses.
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If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work their usual morning schedule. If an employee is required to appear for a morning court session and is sent home before noon and not required to return in the afternoon, the employee will be expected to work 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 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.
(c) 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 o f 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 leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular employee.
Two or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
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9.7.8.10. Workers' Compensation Leave
(a) Workers’ Compensation Benefits shall be provided in accordance with State law and schedules whenever an employee is absence from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared t o be compensable under the Workers’ Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures. Workers’ Compensation processing shall be consistent with City procedures and in accordance with state Workers’ Compensation regulations. Any 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 who is required to seek medical care shall use 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.
9.8.8.11. 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 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.
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 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
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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 adjustment.
9.9.8.12. Leave of Absence Without Pay
(a) Purpose and Length. Only employees occupying regular status 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. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.
Such a leave will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician's statement. (b) Application for and Approval of Leave 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 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.
9.10.8.13. 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 of a leave, shall be considered an absence without official leave and shall be subject to discipline.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as approved by the Director of Human Res ources 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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9.11.8.14. Paternal/Adoption/Maternity/Pregnancy Leave
Family medical leave shall be in accordance with the Family Medical Leave Act (FMLA) of 1993, the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL) and/or other applicable state and federal laws. Consistent with City policy and State and Federal law, employees may be required to utilize accrued sick and/or vacation leave during unpaid leaves in certain circumstances.
SECTION 10.SECTION 9. DAYS AND HOURS OF WORK
10.1.9.1. Workweek
(a) The workweek and hours of work are determined solely by the City. The normal workweek for employees in this unit shall consist of five (5) consecutive eight (8) hour days or a minimum total of forty (40) hours.
Where needs of a department require deviations (as determined by the Department Head) from the present schedule, the Department Head may institute alternate work schedules.
(b) The department will (except in emergency situations) provide a ten (10) working day notice (prior to implementation) of any workweek and/or hours changes.
10.2.9.2. Meal Periods
Non-exempt employees shall receive a one (1) hour or a thirty (30) minute meal period without pay each day and a fifteen (15) minute paid rest period during the first half of the workday and a second fifteen (15) minute paid rest period during the second half of the w orkday. Except for Police Telecommunicat ions and Fire Telecommunications Supervisors, bargaining unit non-exempt employees shall be completely relieved of duty during unpaid meal periods. Non -exempt employees who exceed the time limits prescribed above for lunch and/or rest periods shall have their pay reduced accordingly.
SECTION 11.SECTION 10. OVERTIME
11.1.10.1. Eligibility
(a) Mid-Management Level employees do not receive overtime.
Mid-Management Level employees in this unit are salaried employees who work whatever time necessary to accomplish duties of their assigned position.
(b) Supervisory Level 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 or statutorily required overtime work shall apply to non-FLSA exempt employees.
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(1) Unless otherwise provided below, statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any FLSA work period. Such overtime Overtime shall beis paid for at time one and one-half (1-½) times the employee’s regular rate of pay. 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 will beare considered as time worked for overtime calculation purposes .
Vacation or other compensated time off shall not be considered as actual time worked.
(2) Fire Telecommunications Supervisors assigned to a 56 -hour workweek shall be compensated at the overtime rate for all time worked in excess of 56 hours in a seven (7) day workweek. Fire Telecommunicators Supervisors work 24 -hour shifts, resulting in a regular schedule averaging 2912 hours per year / 56 hours per week (832 hours of overtime). In approximately 2000, the parties agreed to add the regularly scheduled FLSA overtime pay into the base, in order to ensure a regular and level payment of overtime over the course of a year. This methodology withstood a legal challenge in Hughes, et al. v. City of Stockton, et al. For additional overtime hours, the City shall pay overtime at one and one -half (1 ½) time s the employee’s regular rate of pay for all hours worked over fifty-six (56) in a workweek.
(c) Fire Telecommunication Supervisors who have volunteered to work overtime to cover an assignment in a classification other than their actual classification shall be paid overtime at the hourly rate of the lower classification in which they are performing those overtime duties. The hourly rate shall be at the top step of the lower classification’s sala ry range. The employee’s premium pay that they are regularly entitled to shall be included when computing the overtime for the work performed in the lower classification.
(d) Except as otherwise provided in section 12, employees who are not regularly scheduled to work holidays shall be paid for a regular day plus time and one-half (1-½) for actual time worked on a holiday observed by the City.
(e)(c) Fire Telecommunication Supervisors who have traded shifts are not eligible to work overtime for hours that would have been their normal hours of work. (f)(d) Temporary Upgrade Pay. Employees who are not FLSA exempt and are assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be
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paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
11.2.10.2. 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, Compensatory Time shall apply only to Supervisory Level employees.
(b) CTO in Lieu of Overtime Compensation. Except for Fire Telecommunications Supervisors assigned to a fifty six (56) hour workweek, employees may voluntarily elect to receive overtime compensation in the form of CTO at the rate one and one-half (1-½) hours of CTO for each hour of overtime worked in excess of fifty six (56) in a seven (7) day work period, for which the employee is eligible for overtime as defined in section
11.1(b)(1) above.
(c) Use. Use of CTO shall will be scheduled with due consideration for the wishes of the employee and so as to to not interfere with the normal operation of City business. Approval of requests for use of CTO shall beis at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Maximum Accrual. No more than one-hundred (100) hours of CTO may be carried on the books at any time , except Fire Telecommunications Supervisors assigned to a 56 -hour workweek who may not accrue CTO .
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) . , unless the employee elects to have the compensatory balance paid. Carryover CTO cannot exceed the forty (40) hours maximum. Any CTO balance in excess of forty (40) hours remaining at the end of the calendar year will automatically be paid to the employee.
(e) Elimination of CTO for Fire Telecommunications Supervisors. Effective January 1, 2009, Fire Telecommunications Supervisors assigned to a 56 - hour workweek shall no longer accrue or use CTO and shall be paid at their regular rate of pay for all accrued and unused CTO hours on or about January 7, 2009; provided, howev er, any Fire Telecommunications Supervisors having any approved leave request(s) for CTO for time off work through January 31, 2009, shall be permitted to use the approved CTO leave.
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SECTION 12.SECTION 11. HOLIDAYS
12.1.11.1. Holidays Observed by the City:
(a) Effective upon approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act employees Employees will receive the following holiday on full pay for each of the below listed holidays. Unless otherwise provided in this section, the City observes the following holidays on the dates indicated:
Observed Holiday
(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 Day
(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 Day Indigenous
Peoples Day
(109) November 11 Veteran’s Day
(1110) Fourth Thursday in November Thanksgiving
(1211) The Friday after Thanksgiving
(1312) December 25 Christmas Day
(14) Birthday Holiday
11.2. Floating Holidays
For positions that observe holidays, employees accrue floating holiday s hours equivalent of two (2) workdays annually on the first full pay period to a maximum of two (2) workdays. Floating holidays must be utilized in full day increments. Upon separation unused floating holiday hours will be paid out at the employees current straight-time rate of pay.
In 2026, employees who have not already used their birthday holiday leave will accrue one (1) workday of floating holiday hours upon the effective date of this MOU.
Floating holiday must be used by December 31st 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 act ual holiday occurs (March 31st).
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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.
11.3. Holiday in Lieu
Police Telecommunications Supervisors and Fire Telecommunications Supervisors are in positions that are scheduled to work without regard for the holidays listed above. These employees receive holiday -in-lieu in the amount of five and a half percent (5.5%) of their base hourly rate of pay in lieu of receiving any other form of holiday compensation.
(b) Police Telecommunications Supervisors assigned to shifts (phase days) shall receive, in addition to their normal compensation, one day’s pay for each of the holidays listed in section 12.1 (a) above, on which the employee does not work, except for floating holiday(s). Such employees required to work a holiday on a hire-back basis, shall be compensated at time and one -half (1-½), in addition to their normal compensation and paid holiday. Such employees required to work a holiday on a regularly scheduled basis shall be compensated at time and one-half (1-½) overtime in addition to their normal compensation. (c) Fire Telecommunications Supervisors assigned to a 56 -hour workweek shall receive, in addition to their normal compensation, 12 hours pay for each of the holidays listed in section 12.1 (a) above . Fire Telecommunications Supervisors shall be compensated at the overtime rate for all time actually worked in excess of 12 hours on a holiday (excluding the floating holiday). Commencing June 30, 2016, this practice will end and Fire Telecommunications Sup ervisors shall be compensated at straight time for the full shift worked on a holiday, unless otherwise eligible for overtime pursuant to section 11.1(b)(2).
12.2.11.4. For employees on a Monday through Friday workweek, if holidays fall on a Sunday, the following Monday shall will be observed. If holidays fall on Saturday, the preceding Friday shall will be observed.
12.3. 11.5
In order toTo receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
12.4. 11.6
An employee who takes a holiday off on a normally scheduled work dayworkday will receive a regular work dayworkday worth of holiday pay at their regular straight
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time rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes.
A holiday that falls on an employee’s normally scheduled day off will receive a regular work dayworkday worth of holiday pay at their regular straight time rate of pay, however the holiday hours will not be counted as time worked.
If an employee works on a holiday, the employee will receive a regular work dayworkday worth of holiday pay at their regular straight time rate of pay, actual hours worked will be paid at the time and one half (1-½) and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s normal work dayworkday).
SECTION 13.SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN
BASE SALARY
12.1. CalPERS Retirement
Tier 1 – For Employees Hired before December 29, 2012
Employees hired before December 29, 2012, receive the 2% at 55 CalPERS formula with the one (1) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre- tax basis.
These employees receive the following optional CalPERS retirement benefits:
• Section 21024 Military Service Credit as Public Service • Section 21027 Military Service Credit for Retired Persons • Section 20965 Credit for Unused Sick Leave
• Section 21574 Fourth Level of 1959 Survivor Benefits
• Section 21335 5% Annual Cost of Living Allowance Increase
Tier 2 – For Employees Hired after December 28, 2012
Employees hired after December 28, 2012, who are not classified as a new member receive the 2% at 60 CalPERS formula with the three (3) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
• Section 21574 Fourth Level of 1959 Survivor Benefits
• 2% Annual Cost of Living Allowance Increase
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Tier 3 PEPRA – For Employees Hired after December 31, 2012
Employees hired after December 31, 2012, who are not classified as a “Classic” member receive the 2% at 62 CalPERS formula with the three (3) year final average compensation period. These employees pay one-half of the total normal cost as determined annually by CalPERS on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
• Section 21574 Fourth Level of 1959 Survivor Benefits
2% Annual Cost of Living Allowance Increase
13.1. Retirement Contribution Supplement
(a) CalPERS Benefits for Employees hired on or before December 28, 2012 (Classic Tier 1).
Employee Contribution:
Effective August 1, 2011, employees hired on or before June 30, 2011, will pay seven percent (7%) of the Employer’s share towards the CalPERS benefit. This employee contribution will be made on a post -tax basis, unless the City obtains a ruling from the I.R.S. that these contributions can be made on a pre-tax basis. •
Effective July 1, 2012, Classic employees will pay seven percent (7%) of the employee’s contribution towards the CalPERS benefit.
Benefit Formula:
The City's CalPERS retirement plan is modified to reflect two percent (2%) at age fifty-five (55), effective January 1993.
Optional Benefits:
• Military service credit pursuant to the provisions of P.E.R.S. California Government Code Section 21024 and Section 21027, at the employee's expense, upon adoption by Stockton City Council and CalPERS Administration Board. • P.E.R.S. California Government Code Section 20965 (Credit for Unused Sick Leave) as added CalPERS benefits, to be effective upon adoption by the Stockton City Council and CalPERS Administration Board. • P.E.R.S. California Government Code Section 21335 (up to five percent (5%) Annual Cost of Living Allowance Increase) as added CalPERS benefits, to be effective upon adoption by the Stockton City Council and CalPERS Administration Board.
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(b) CalPERS Benefits for Employees hired on or after December 29, 2012 Employees with Reciprocity (Classic Tier 2):
Employees hired on or after December 29, 2012, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than 6 months and are considered classic employees by AB 340, shall be subject to the CalPERS 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 (PEPRA):
Employees hired on or after January 1, 2013, shall be subject to the AB340 statutory 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.
The City will provide P.E.R.S. California Government Code Section 21574 (Fourth Level of 1959 Survivor Benefits) to employees in all CalPERS membership tiers.
13.2.12.2. Uniform Allowance
(a) Effective July 1, 2024, employees in the following classifications whoEmployees are required to wear uniforms shall be paidand receive an uniform allowance of one thousand dollars ($1,000.00) annually thirty-nine dollars and forty -two cents ($39.42) per pay period . Payable each pay period when an employee is in paid status.
(1) Fire Telecommunications Supervisor;
(2) Police Telecommunications Supervisor; and
(3) Supervising Police Records Assistant;.
(3)
(b) Effective July 1, 2024, employees in the following
classifications who are required to wear uniforms shall be paid an annual uniform allowance of one thousand twenty -five dollars ($1,025.00) annually. Payable each period when an employee is in a paid status.
(1) Supervising Fire Prevention Inspector;
(4) Police Services Manager;
(4)
(5) Animal Services Supervisor;
(5)
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(6) Supervising Evidence Technician;
(6)
(7) Property Room Supervisor; and
(7)
(2)(8) Senior Community Service Officer.
(b) Safety Protective Footwear Reimbursement. Effective July 1, 2024, employees Employees required to wear safety protective footwear in accordance with City Manager’s Administrative Directive HR -34, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of two three hundred and fifty dollars ($250300.00) as needed and approved by the employee’s supervisor and department head. The list of classifications and or positions that are required to wear protective footwear is included in the Administrative Procedure and may be amended from time to time to reflect changes in the classifications required to purchase footwear.
13.3. Public Employees’ Retirement System (P.E.R.S.)
The City shall contribute an amount required by the Public Employees’ Retirement System (P.E.R.S.) to retain the present Retirement Program.
13.4.12.3. Deferred Compensation
The City will provide at no cost to the employee, deferred compensation as a supplement to voluntary deferred compensation plans, if any, for which the individual employee may be eligible.
13.5.12.4. Mileage Reimbursement for Private Vehicle Use Mid-Management/Supervisory Level employees who use their own vehicle on City business on a consistent and repetitive basis will be compensated at the current Internal Revenue Service (IRS) rate and in accordance with the City Manager's Administrative Directive.
13.6.12.5. Longevity Pay
Employees hired before July 1, 201 2, who by July 1, 201 2, attained twelve (12) years of continuous employment with the City receive Longevity Pay in the amount of one point five percent (1.5%) of their base rate of pay. (a) Effective August 1, 2011, longevity pay shall be eliminated . The City, however, shall grandfather employees who have completed twelve (12) continuous years of service with the City as of July 1, 2012, with one and one-half percent (1-½ %) of the top salary step of the employee’s pay range to the employee as a professional growth.
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13.7.12.6. Call Back Pay
(a) Supervisors Overtime elig ible employees only who are called back to physically return to work shall will be compensated at least two (2) hours and forty-five (45) minutesfor a minimum of three (3) hours of pay at time and one half (1 -½) times their hourly rate of pay or for all time actually worked at time and one half (1 -½) times their hourly rate of pay, if eligible for overtime as defined in section 13.9 below, whichever is greater. (b) To be eligible for call back pay, both of the following conditions must be met:
1) the call back must occur outside of the employee’s regular work hours including scheduled overtime, and 2) the call back time worked must not be contiguous to the employee’s regular work hours including scheduled overtime and 3) an employee is ineligible to receive a premium for both standby and call back. For example, employees shall not receive standby pay for hours in which they are paid overtime or call back pay.
13.8.12.7. Standby Duty Pay
Supervisors only who are directed to remain on standby duty during their regular days off shall be paid $3.00 per hour while assigned to be on standby. Each employee so assigned to "standby" is required to carry a mobile phone or other agreed upon communication device while on standby. Employees on Standby shall respond to calls received as soon as they receive them but in no case longer than thirty (30) minutes and shall be able to report to the work site within forty-five (45) minutes. Employees on Standby shall ensure that they available and able to return to work to perform their assigned duties.An employee shall earn time and one-half (1-½) for all actual time worked while on standby duty status only if eligible for overtime as defined in section 15.4 above. An employee shall will not continue to receive the “standby” premium during actual time worked, or for any hours paid as overtime or call back. Standby shall not beis not considered as time in “paid status because of work performed “worked” for purposes of calculating overtime.
13.9.12.8. Bilingual Pay
Effective July 1, 2024, j ob positionsClassifications determined by the department head requiring bilingual translation skills willshall receive a stipendbilingual pay in the amount of seventy-three dollars and eighty-five cents ($73.85) per pay period one hundred and sixty dollars ( $160.00) per month for verbal translation skills, or one hundred and one dollars and fifty -four cents ($101.54) per pay period two hundred and twenty dollars ($220.00) per month for verbal and written translation skills. Employees must be upon testing and certification certified by the Human Resources Department to qualify for bilingual pay.
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13.10.12.9. 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 of the City’s control.
13.11.12.10. “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.
SECTION 14.SECTION 13. INSURANCE PLANS
13.1. Reopener Clause for Health Insurance
14.1. If the City’s general fund revenue forecast exceeds three hundred and eighty million dollars for fiscal year 2028/29 and if medical, dental, and vision insurance premiums for employee -only, employee plus one (1) dependent, or employee plus family increase by more than four percent (4%) in plan year 2029 , the City will meet and confer at B&C’s request regarding premium contributions for plan year 2029.
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).
The City agrees at the Association’s request to meet and confer regarding employer benefits and premium contributions should medical/dental/vision insurance premiums for employee-only, employee plus one dependent, or employee plus family increase by more than four percent (4%) in any one plan year.
14.2.13.2. Health and Welfare Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental , and vision plans. 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
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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 of 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, 2023, the City will contribute:
• Up to $711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• 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 the following:
• Up to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
• Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3)(1) Effective July 1, 2025, tThe City shall contribute the following:
• Up to $740.00 936.10 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 $1,788.00$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:
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• 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.
• 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.
(3) Effective January 1, 2028, the City contributes 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 contributes 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 $1,8 37.86 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.
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//dental/vision to be pre-tax premium conversion. (d) 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.
ATTACHMENT A
563
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 35
(e) The City agreed 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 ma tching contribution to Medicare. 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.
14.3.13.3. Group Life Insurance Coverage
The City shall provides employees, at no cost to the employee, with a group term life insurance policy with a valuein the amount of fifty thousand dollars ($50,000).
In addition, employees shall have the opportunity to can purchase additional voluntary life through their union or through the City’s IRS 125 plan vendor.
14.4.13.4. Long Term Disability Insurance Coverage
Mid-Management/Supervisory Level employees will receive long term disability insurance coverage. Plan benefits shall be as describe in the Plan document, but shall include:
(a) Each disability – approximately sixty-six and two-thirds (66⅔) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.
(b) Disability income payments will commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) days waiting period.
14.5.13.5. State Disability Insurance
Employees receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
The Association memberships participates in SDI at the employee’s expense. The City agrees to coordinate SDI benefits with other benefits.
SECTION 15.SECTION 14. SALARY PLAN
For a current Salary Schedule, please check the Human Resources website at www.stocktongov.com.
ATTACHMENT A
564
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 36
15.1.14.1. Salary Adjustments
(a) Effective July 12, 2026, July 1, 2023, employees will receive a four two percent (42.0%) Cost of Living Adjustment (COLA) to base pay. (b) Effective July 1, 20242027, employees all classifications will receive a three two percent (32.0%) COLA to base pay.
(b)
(c) Effective July 1, 20252028, all classifications employees will receive a three two percent (32.0%) COLA to base pay.
(c)
(d) Market adjustments will be provided in year two (2) and year three (3) of the contract as follows:
a. First, the total three (3) year COLA shall be deducted from the “median” position in the market.
b. Effective July 1, 2024, classifications will receive a market adjustment of no more than seven percent (7%) as outlined in Appendix A. c. Finally, effective July 1, 2025, classifications will receive the remaining percentage to bring the classification to the median of the market as outlined in Appendix A.
14.2. Market Adjustments
Effective July 12, 2026, all classifications will receive a one and a half percent (1.5%) market adjustment.
Effective July 12, 2026, all Fire Telecommunications Supervisors will receive a market adjustment in the amount of four point two-five percent (4.25%) to base pay. (e) Lump Sum Payment.
1) Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand ($2,000) lump sum non - pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
2) Each employee who is employed in the bargaining unit as of July 1, 2025 will receive a two thousand ($2,000) lump sum non - pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
ATTACHMENT A
565
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 37
15.2. Salary Equivalents
Any monthly, daily or hourly rate of pay may be converted into any equivalent rate of pay or to any other time base when such a conversion is appropriate. In determining equivalent amounts on different time basis, the City shall provide tables or the regulations for the calculation of payment for service of less than full -time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.3.14.3. Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
15.4.14.4. Salary Step when Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the Director of Human Resources.
15.5.14.5. Salary Step after Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the ran ge 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 o f this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which demoted.
15.6. Salary On Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of the employee’s separation unless there has been an increase within the salary range.
ATTACHMENT A
566
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 38
15.7.14.6. 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.
15.8.14.7. Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher--levelhigher-level classification shall receive the hourly or daily rate of the higher classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must n ot perform any of the duties of their own job classification while working in the higher-level classification.
15.9.14.8. 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, but agrees to discuss them with the Association.
15.10.14.9. Special Assignment Pay
The department head and with the concurrence of the Director of Human Resources may approve additional compensation in an amount of not to exceed one additional salary step five percent (5.0%) of their base rate of pay when an employee is assigned to perform additional duties and responsibilities for the duration of the special assignment.
15.11. Emergency Medical Services (EMS) Dispatcher Accreditation Pay (a) The City and the Association acknowledge that California Health and Safety Code Section 1797.220 directs the local emergency medical services (EMS) agency to establish policies and procedures to assure medical control of the emergency medical system.
(b) The City and the Association acknowledge that as of July 1, 2008, the San Joaquin County EMS Agency requires all employees of agencies providing emergency medical dispatch (EMD) services to possess and maintain accreditation through San Joaquin County, to include compliance with EMS Agency and National Academies of Emergency Dispatch (NAED) policies,
ATTACHMENT A
567
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 39
procedures, protocol, and standards. Fire Telecommunications Supervisors are among those employees represented by the Association who must acquire and maintain accreditation by the San Joaquin County EMS Agency as a condition of providing EMD services for the City.
(c) The City and the Association acknowledge that in the event the San Joaquin County EMS Agency rescinds the certification of any bargaining unit employee as a result of any dispute arising from the exercise of the power set forth in San Joaquin County EMS Agency Policy No. 2101 (or any successor or similar policy), the City will make every effort, insofar as practicable and fiscally responsible, to employ such persons in positions for which such employees are qualified or may become qualified within a reasona ble period of time and that do not require accreditation by the San Joaquin County EMS Agency.
(d) Emergency Medical Services (EMS) Dispatcher Accreditation Pay.
Effective January 1, 2009, the City shall compensate all Fire Telecommunications Supervisors who are accredited as San Joaquin County Emergency Medical Services Dispatchers an additional one -hundred seventy-five dollars ($175) per month. If the employee fails to maintain the accreditation or if the accreditation is no longer required for the position, payment of the stipend shall cease. (e) Continuing Education for Emergency Medical Dispatchers. The City shall provide to Fire Telecommunications Supervisors all necessary EMD continuing education during normal working hours and at no cost to the employee. However, employees who do not participa te in the EMD training offered by the City during normal working hours shall be responsible to complete the necessary continuing education on their own time without additional compensation; provided, however, that all necessary ride-along hours shall be compensated as time worked.
15.12.14.10. Salary Step Increase
Salary step increase will be effective the first day of the pay period following appointment or revision. If the date or revision is the first day of a pay period, salary step increases will be as of that date.
15.13. Bi-Weekly Pay Period
The City and the Association agree to move to bi -weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.14.14.11. Salary Step Plan
The Salary Schedule consists of nine (9) steps, with five percent (5.0%) between steps one (1) through six (6), and two and a half percent (2.5%) between steps seven (7) through nine (9).
ATTACHMENT A
568
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 40
Salary ranges for bargaining unit classifications will consist of six (6) salary steps in each range.
(a) The second step will be paid upon the satisfactory completion of the probationary period.
(b) The third step will be paid upon the satisfactory completion of one (1) year of service at the second step.
(c) The fourth step will be paid upon the satisfactory completion of one (1) year of service at the third step.
(d) The fifth step will be paid upon the satisfactory completion of one (1) year of service at the fourth step.
(e) The sixth step will be paid upon the satisfactory completion of one (1) year of service at the fifth step.
(f) The seventh step will be paid upon the satisfactory completion of one (1) year of service at the sixth step.
(g) The eighth step will be paid upon the satisfactory completion of one (1) year of service at the seventh step.
(h) The ninth step will be paid upon the satisfactory completion of one (1) year of service at the eighth step.Regardless of an employee’s length of service, step advancements in any given class may be made upon recommendation of the department head with the approval of the Director of Human Resources, but not above Step 6 for a given range.
14.12. Base Rate of Pay
The employees’ Base Rate of Pay is their step as listed on the salary scheduled for their classification.
14.13 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.
14.14 Regular Rate of Pay
The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
ATTACHMENT A
569
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 41
SECTION 16.SECTION 15. MAINTENANCE OF OPERATIONS/CITY RIGHTS (a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the The Association and each employee represented thereby agrees that from 12:01 a.m. of July 1 , 2023, through and inclusive of June 30, 2026during the term of this MOU, the Association or any person acting in its behalf, or each employee in a classification represented by the Association shall will not cause, authorize, engage in, encourage, or sanction a strike, unfair labor practice strike, or sympathy strike, work stoppage, slowdown, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action, which it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action, as it deems appropriate.
(d)(b) 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.
(e) The rights of the City as set forth in section 5 of Resolution No. 32,538, dated August 4, 1975, are incorporated herein by reference.
SECTION 17. BANKRUPCY
Mid-Management/Supervisory Level (“B&C”) defined for the purposes of this section as including without limitation: B&C’s members, bargaining unit members, officials, attorneys and affiliates) agrees that this MOU shall supersede the terms of all prior MOUs , side letters, and any other agreements between the parties as to the subjects covered herein.
By voluntarily entering into this MOU, B&C agrees that this MOU shall supersede and modify the MOU between the parties dated January 1, 2009 through June 30, 2014, and all provisions of such MOU, including any increases or modifications that would have been due under the previous MOU, and that B&C voluntarily accepts the City’s unilaterally-adopted changes to compensation and benefits resulting from the February 2012 Emergency Declaration.
ATTACHMENT A
570
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 42
B&C further agrees that it will not oppose the City’s eligibility for chapter 9 relief. B&C agrees to support any plan of adjustment the provisions of which, as to B&C, are consistent with this MOU.
SECTION 18.SECTION 16. SEVERABILITY OF PROVISIONS
In the event that If 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 19.SECTION 17. PAST PRACTICES AND EXISTING MEMORANDUM 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 B&C.
SECTION 20.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 will prohibit the parties from changing the terms of this MOU by mutual agreement.
SECTION 21.SECTION 19. DURATION OF AGREEMENT
All provisions of this MOU shall beare effective the date of execution unless otherwise indicated, July 1, 2023 shall and will remain in full force and effect to and including the 30th day of June 30, 20262029. and shall continue thereafter from year to year unless at least sixty (60) days prior to the expiration date of June 30, 2026, either party shall file written notice with the other of its desire to amend, modify, or terminate this MOU.
ATTACHMENT A
571
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU
Term: July 12, 20263 – June 30, 20296
CITY OF STOCKTON 43
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 ____________.
MID-MANAGEMENT/SUPERVISORY LEVEL
UNIT
CITY OF STOCKTON
By: _______________________
Almarosa Vargas
President
APPROVED AS TO FORM:
By: _______________________
Johnny Ford
City Manager
Approved as to form:
Goyette & Associates, Inc.
By: _______________________
Tony Silva
Labor Representative for Association
By: _______________________
Marie Guillory-Jones
Interim Director of Human Resources
By:________________________
Michael Jarvis
Negotiator for the City
Approved as to form:
By: _______________________
Marci Arredondo
City Attorney
ATTACHMENT A
572
City of Stockton Costing as of 7/15/2026
Mid-Mgmt - 2026 - Proposal Costing
Costing of 3 Year Contract
Proposal # Description FY 2026-27 FY 2027-28 FY 2028-29 Term - 3 Years
Salary Increase 3.5% Year 1, 3.5% Year 2, 3.5% Year 3 1,057,175 610,631 622,843 2,290,649 Salary Range Adjustment - Steps 7-9 306,705 728,304 1,257,202 2,292,211 Health Increase 4% Year 1, 2% Year 2, 2% Year 3 133,784 136,460 139,189 409,433 Uniform and Safety Allowance 1,100 1,100 1,100 3,300
Vacation Sellback 356,578 369,058 381,975 1,107,612 TOTAL 1,855,342 1,845,553 2,402,309 6,103,205 Funding Sources (Estimated):
Fund Fund Desc Year 1 Year 2 Year 3 Allocation
100 GENERAL FUND 897,986 893,248 1,162,718 48.40% 210 MEASURE M 62,154 61,826 80,477 3.35% 220 DEV SVS 231,918 230,694 300,289 12.50% 230 HOUSING F 4,824 4,798 6,246 0.26%
240 GAS TAX 68,648 68,285 88,885 3.70% 255 SOLIDWASTE 22,450 22,331 29,068 1.21% 270 MAINT DIST 4,453 4,429 5,766 0.24%
280 SPEC GRANT 9,277 9,228 12,012 0.50%
290 HOUSING ST 186 185 240 0.01%
300 GOVT CIP 174,959 174,036 226,538 9.43% 310 PFF FUND 9,462 9,412 12,252 0.51%
400 DEBT SVC 1,299 1,292 1,682 0.07%
500 FLEET 35,252 35,066 45,644 1.90% 510 TECHNOLOGY 77,368 76,960 100,176 4.17% 570 REPRO 7,050 7,013 9,129 0.38%
600 WATER 76,997 76,590 99,696 4.15% 610 WASTEWATER 126,720 126,051 164,078 6.83% 620 STORMWATER 38,220 38,018 49,488 2.06% 630 PARK AUTH 6,123 6,090 7,928 0.33%
TOTAL 1,855,342 1,845,553 2,402,309 100.00% Total Annual Cost Total
3-Year Cost
Attachment B
573
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF STOCKTON AND THE MID-MANAGEMENT/SUPERVISORY
LEVEL UNIT (B&C) AND AUTHORIZING ITS IMPLEMENTATION
The City’s negotiating team met and conferred with officials of the Mid- Management/Supervisory Level Unit (B&C) and reached an agreement for a successor Memorandum of Understanding. On July 6, 2026, the B&C unit ratified the agreement by a majority vote of their members; and
The City of Stockton and the Mid-Management/Supervisory Level Unit have in good faith completed their meet and confer obligations regarding their successor Memorandum of Understanding. Human Resources and the Administrative Services Department ha ve 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 Mid-Management/Supervisory Level Unit 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 Mid-Management/Supervisory Level Unit Memorandum of Understanding to be effective July 1, 2026.
3. The City Manager is hereby authorized and directed to increase expenditure appropriations in the annual budget for Fiscal Year 20 26-27, as necessary to carry out the intent of the agreements as shown in Exhibit 2.
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574
4. The City Manager and the Interim 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 21, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
575
EXHIBIT 1
CITY OF STOCKTON
MID-MANAGEMENT/SUPERVISORY LEVEL
MEMORANDUM OF UNDERSTANDING
The Stockton Mid-Management/Supervisory Level bargaining unit 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 (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, and ending June 30, 2029.
576
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON i
Table of Contents
SECTION 1. RECOGNITION ................................ ................................ ................................ ..... 1 SECTION 2. ASSOCIATION RIGHTS ................................ ................................ ....................... 1 SECTION 3. PROBATION ................................ ................................ ................................ ......... 3 SECTION 4. LAYOFF ................................ ................................ ................................ ................ 4 SECTION 5. REEMPLOYMENT ................................ ................................ ................................ 7 SECTION 6. DISCIPLINE ................................ ................................ ................................ .......... 7 SECTION 7. GRIEVANCE PROCEDURES ................................ ................................ ............... 8 SECTION 8. LEAVES ................................ ................................ ................................ ...............10 SECTION 9. DAYS AND HOURS OF WORK ................................ ................................ ...........17 SECTION 10. OVERTIME................................ ................................ ................................ .........17 SECTION 11. HOLIDAYS ................................ ................................ ................................ .........18 SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY ...........20 SECTION 13. INSURANCE PLANS ................................ ................................ ..........................23 SECTION 14. SALARY PLAN ................................ ................................ ................................ ...25 SECTION 15. MAINTENANCE OF OPERATIONS/CITY RIGHTS ................................ ............28 SECTION 16. SEVERABILITY OF PROVISIONS ................................ ................................ .....29 SECTION 17. PAST PRACTICES AND EXISTING MEMORANDUM OF UNDERSTANDING ..29 SECTION 18. SCOPE OF AGREEMENT ................................ ................................ .................29 SECTION 19. DURATION OF AGREEMENT ................................ ................................ ...........29
577
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 1
SECTION 1. RECOGNITION
The City recognizes the City of Stockton Management B & C Employees Group, herein - after referred to as "Association", as the recognized employee organization for the Mid-Management/Supervisory Level Bargaining Unit.
SECTION 2. ASSOCIATION RIGHTS
2.1. Association Membership Dues and Payroll Deductions (a) 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 employees who voluntarily authorize such deductions, as certified in writing by the Association to the City, and pay such amounts to the Association.
1. All employee requests to cancel or chang e 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 Associatio n 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 pa y period of the second month.
(b) Hold Harmless Provision
578
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU EXHIBIT 1 Term: July 12, 2026 – June 30, 2029
CITY OF STOCKTON 2
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 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
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 individual department heads and when made shall continue until revoked by the department heads.
City buildings and other facilities may be made available for use by City employees or the Association or their representa tive in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
579
MID-MANAGEMENT/SUPERVISORY LEVEL (B&C) MOU EXHIBIT 1 Term: July 12, 2026 – June 30, 2029
CITY OF STOCKTON 3
Members of the Association are prohibited from using City equipment and/or time for their own personal use.
2.4. Advanced Notification
Except in cases of emergency, reasonable advance written notic e shall be given to the Association if related to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate, if requested, with the designated management representatives prior to adoption.
After notice is given, t he Association shall have fourteen (14) days to request a meet and confer. If the Association fails to request a meet and confer within this time period, it shall be deemed to have waived its right to meet and confer.
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 practical 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 representatives designated by the City Manager.
2.5. Attendance at Meetings by Employees
Employees who are official represen tatives or unit representatives of the Association shall be given reasonable time off with pay to attend meetings with City Management representatives, where matters within the scope of representation, or grievances are being considered.
The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Time spent for these purposes while a representative is not scheduled to work shall not be compensated by the City and sha ll not be considered as hours worked. 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 such purposes shall not exceed three (3) employees.
SECTION 3. PROBATION
3.1. Supervisory Level
All original appointments shall be tentative and subject to a probationary period of one (1) year. Promotional appointments shall be subject to a probationary period of six (6) months. The probationary period shall not be extended. 580
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3.2. Mid-Management Level
All Mid-Management Level positions do not have Civil Service status. Employment and separation of employment will be consistent with State Law.
3.3. Retention/Rejection of Probationer
During the probationary period a Superv isory Level employee may be rejected at any time by the appointing authority. Any employee who held a position in the classified service and subsequently appointed to a position in the unclassified service and subsequently removed from such position that e mployee shall have the right to be employed in a position comparable to their formerly held position in the classified service from which they were promoted unless charges are filed and they are discharged in the manner provided in section 7 of this MOU, t he Civil Service Rules and Regulations, the Stockton Municipal Code, and/or any other applicable City policy.
SECTION 4. LAYOFF
4.1. 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. In doing so, the City shall follow the layoff procedure set forth herein below.
4.2. Layoff Scope
(a) The City shall designate the number of layoffs in each bargaining unit classification for each department of the City.
(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) 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
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4.3. Notice of Layoff
The City will give advance written notice of at least two (2) weeks to employees who will be laid off.
4.4. Precedence by Employment Status
No bargaining unit employee having regular status shall be laid off while employees working in seasonal, temporary, provisional, or probationary status are retained in the same or comparable classification as such regular status employee.
The order of layoff among bargaining unit employees not having regular status shall be as follows:
(a) First, seasonal employees;
(b) Second, provisional employees;
(c) Third, temporary employees; and
(d) Fourth, probationary employees.
Layoffs shall be by job classification according to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure, regular part -time classes shall be considered separate from regular status full-time classes.
The following provisions shall apply in computing total continuing service:
(a) (Time spent on military leave shall count as service in the event the leave was taken subsequent to entry into regular status City employment. (b) Time worked in seasonal, provisional, temporary, grant or other limited term status shall not count as service.
(c) Time worked in a regular status or probationary status shall count as service.
(d) If two (2) or more employees have the same seniority, the order of seniority shall be determined by their respective ranking on the eligibility list for hire.
If two (2) or more employees hav e the same seniority, but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.
If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.
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(e) Regular status part-time employees shall not have the right to bump regular status full-time employees.
4.5. Order of Layoff and Employee Options
Reduction in force shall occur in the following order:
(a) The least senior employee occupying the position(s) being eliminated shall be the first laid off. The incumbent designated for layoff shall have the options noted below:
(1) Displacing the least senior employee occupying the same or comparable classification, Citywide.
(2) Taking a voluntary demotion within the City to a classification in which the employee had prior regular status, thus displacing the employee working in that classification who has the least seniority. (b) Seniority for the purposes of application of the layoff procedure in section 5 is determined by total City employment, excluding employment as a seasonal, provisional, or temporary employee.
(c) Comparability of employee classifications for the purposes of application of the layoff procedure in section 5 shall be determined by the Director of Human Resources.
(d) An employee displaced in accordance with section 5 shall be laid off in the same manner as an employee whose position has been abolished.
4.6. 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 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.
4.7. Voluntary Layoff
When a determination has been made that a layoff will occur, regular status full-time employees may elect to be voluntarily laid off regardless of their seniority status. The following provisions apply to an employee who so elects to be laid off:
(a) For payroll purposes, the employee will be treated as being on approved leave of absence without pay for up to twelve (12) months. 583
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(b) The employee will have the option to either retain sick leave and/or vacation balances for up to one (1) year in anticipation of reemployment or be paid off for those leaves in accordance with applicable provisions of this MOU. (c) The names of employees who elect to be voluntarily laid off will be placed on reemployment lists in accordance with section 6.
SECTION 5. REEMPLOYMENT
(a) 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 City shall cause the name of such employee to be placed on a reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur. The employee shall not be placed on said list or lists without their request. An employee who waives reemployment three times shall have their name removed from this reemployment list unless mutually agreed to by the City and the employee.
(b) 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." (c) In filling vacancies, eligibles on the reemployment lists take precedence over eligibles on any other list for the same class in the department for which the lists apply.
SECTION 6. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any Supervisory Level employee for cause.
The appointing authority may discharge, suspend, or demote any Supervisory Level employee provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commission and any applicable provisions of law are followed. The Supervisory Level employee may take one (1) of the following actions:
(a) File no grievance.
(b) File a grievance as provided for in section 8.1 within ten (10) business days of written notification of the action.
(c) File an appeal within ten (10) business days of written notification of the action with the Civil Service Commission as appropriate for Supervisory Level employees.
If the employee fails to do (b) or (c) above within the prescribed time frame, these rights will have been waived.
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SECTION 7. GRIEVANCE PROCEDURES
7.1. Definition
A grievance is any dispute which involves the interpretation or application of the MOU or appropriate disciplinary action (Supervisory Level employees only) in lieu of a Civil Service Commission appeal.
7.2. Filing Deadline
No grievance involving demotion, suspension, discharge or other employment penalty will be entertained unless it is filed in writing with th e Director of Human Resources within ten (10) business days of the time in 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.
7.3. 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) 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 emplo yee'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) business 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) business days in which to review the issues and respond to the appeal. No grievance may be processed under the following two (2) paragraphs, which has not first been filed and reviewed in accordance with this paragraph unless the Director of Human Resources fails to respond within the time limit. (c) Step 3 - Voluntary Mediation. The parties may mutually agree to the use of this Step prior to proceeding to Step 4, Arbitration. Either party may with written notice within ten (10) business days of the decision of Step 2, request Step 3. Upon mutual agreement of Step 3, the City will re quest a representative from the State of California Mediation/Conciliation Service to 585
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review the grievance and make non-binding recommendations to assist the parties in resolving the grievance. The State Mediator will not provide any written documents and is limited to the restriction in Labor Code Section 65 and Attorney General opinions 51/183 and 68/77.
(d) Step 4 - Arbitration. If the grievant or the Association is dissatisfied with the response at Step 2 or Step 3, if used, or if the Director of Human Resources fails to respond within the time limit in Step 2, the grievance may be moved to Step 4 within twenty (20) business days. The grievance will 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 of California Mediation/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 an d 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.
7.4. Scope of Arbitration
No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.
Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrated 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.
7.5. Other Provisions
If the Director of Human Resources in pursuance of the procedures outlined above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute 586
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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 department at Step 1. 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 entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be adminis tered in a manner, which would abrogate any power, which may be within the sole province and discretion of the Civil Service Commission. Reference to Civil Service Commission is limited to Supervisory Level employees.
All grievances of employees represente d by the Association shall be processed under this section. If the Stockton Municipal Code and/or the Civil Service Rules and Regulations requires that differing options be available to the employee, no action under paragraph (d) of subsection 8.3 above sh all 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, o r if the complaint or grievance is pending before the Civil Service Commission.
If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
SECTION 8. LEAVES
8.1. Vacation - FLSA Exempt Employees
(a) Vacation Accruals
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 4.62
Eighteen (18) or more but less than ninety
(90) 5.69
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Ninety (90) or more but less than 180 7.23
180 or more but less than 300 8.81
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
(b) Maximum Vacation Accrual. Employees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here.
The maximum number of vacation hours that employees on a 40 -hour workweek can accrue are as follows:
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
8.2. Vacation - FLSA Non-Exempt Employees
(a) Vacation Accruals
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 3.08
Eighteen (18) or more but less than ninety
(90) 4.15
Ninety (90) or more but less than 180 5.54
180 or more but less than 300 7.27
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
(b) Maximum Vacation Accrual . Employees reaching the maximum hours shall stop accruing additional hours until they are below the caps listed here.
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
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28 years 344 hours
29 years 352 hours
For every year of service beyond twenty-nine (29), the employee is allowed to add an additional seven (7) hours to the maximum accrual cap.
8.3. Vacation Sellback
During the month of December, employees may make an irrevocable election to cash out up to forty (40) 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 November of the following calendar year. Payments are subject to all applicable payroll taxes and withholding.
8.4. 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 va cation 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 seco nd regularly scheduled pay period pay date following separation.
8.5. Sick Leave
(a) Accrual. All regular status employees, except provisional, temporary and extra-help employees, each shall accrue sick leave at the rate of eight (8) hours for full month of servic e. All regular status employees, except provisional, temporary and extra -help 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 hours, which the employee would normally have worked, to a maximum of sick leave hours accrued.
An employee may use sick leave for prev entive medical, dental, optical care, illness, injury or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.
(c) Family Sick Leave. In accordance with California Labor Code section 233 (“Kin Care”), employees may utilize up to one-half (1/2) of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such il lness or injury requires personal care that otherwise 589
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would not be covered by the Family Medical Leave Act ( FMLA) or the California Family Rights Act ( CFRA) leaves. Such sick leave shall be limited, by the department head, to the time reasonably required t o make other arrangements for such care.
For the purpose of this section, such sick leave shall be restricted to the employee’s parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister-in-law, grandparent, gr andchild, legal dependent, registered domestic partner, 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. The 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.
(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 preparati on of 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 o ther reasonable proof of illness may be required by the department head. 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 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.
(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:
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1) Was hospitalized during the period for which sick leave is claimed, or
2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
8.6. Bereavement Leave
In the event of a death of an immediate family member of an employee, 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 of bereavement leave. I mmediate family is restricted to the employee’s parents, current stepparents, spouse, parent- in-law, child (as defined by CFRA) , brother, sister, 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 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.
8.7. Jury Duty Leave
When an employee is summoned to jury duty they will promptly inform their supervisor and, if required to serve, may be absent from work without loss of wages or use of accrued leave while rendering such service (including travel time). Upon being excused from the court each day, the employee must return to work if they have more than four (4) hours remaining before the end of their workday.
8.8. Court Leave
Time spent by a n employee traveling to/from and attending or appearing in any court or tribunal for any civil or criminal matter where the employee’s attendance results from performance of their official duties as a City employee is considered time worked.
8.9. Leaves Reopener
The City of Stockton and B&C will continue to meet and confer over a citywide legally protected leaves policy.
8.10. Workers' Compensation Leave
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of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers’ Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures. Workers’ Compensation processing shall be consistent with City procedures and in accordance with state Workers’ Compensation regulations. Any emplo yee 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 who is required to seek medical care shall use 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.
8.11. 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 grant s to the employee the right to return to a position in the same classification or equivalent classification, as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over leaves of absence exercised by the department head under this section shall be subject to review by the Director of Human Resources, 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 that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.
Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustment.
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8.12. Leave of Absence Without Pay
(a) Purpose and Length. Only employees occupying regular status 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) mont hs with approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.
Such a leave will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician's statement. (b) Application for and Approval of Leave 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 Dir ector 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.
8.13. 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 of a leave, shall be considered an absence without official leave and shall be subject to discipline.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days 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.
8.14. Paternal/Adoption/Maternity/Pregnancy Leave
Family medical leave shall be in accordance with the Family Medical Leave Act (FMLA) of 1993, the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL) and/or other applicable state and federal laws. Consistent with City 593
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policy and State and Federal law, employees may be required to utilize accrued sick and/or vacation leave during unpaid leaves in certain circumstances.
SECTION 9. DAYS AND HOURS OF WORK
9.1. Workweek
(a) The workweek and hours of work are determined sole ly by the City. The normal workweek for employees in this unit shall consist of five (5) consecutive eight (8) hour days or a minimum total of forty (40) hours.
Where needs of a department require deviations (as determined by the Department Head) from the present schedule, the Department Head may institute alternate work schedules.
(b) The department will (except in emergency situations) provide a ten (10) working day notice (prior to implementation) of any workweek and/or hours changes.
9.2. Meal Periods
Non-exempt employees shall receive a one (1) hour or a thirty (30) minute meal period without pay each day and a fifteen (15) minute paid rest period during the first half of the workday and a second fifteen (15) minute paid rest period during the second half of the workday. Except for Police Telecommunicat ions and Fire Telecommunications Supervisors, bargaining unit non-exempt employees shall be completely relieved of duty during unpaid meal periods. Non -exempt employees who exceed the time limits prescribed above f or lunch and/or rest periods shall have their pay reduced accordingly.
SECTION 10. OVERTIME
10.1. Eligibility
(a) Mid-Management Level employees do not receive overtime.
Mid-Management Level employees in this unit are salaried employees who work whatever time necessary to accomplish duties of their assigned position.
(b) Supervisory Level 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 or statutorily required overtime work shall apply to non-FLSA exempt employees. (1) Unless otherwise provided below, statutory overtime shall be paid on time worked in excess of forty (40) hours in any FLSA work period.
Overtime is paid at one and one-half (1-½) times the employee’s regular rate of pay. . Observed holidays, floating holidays, jury duty 594
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leave, bereavement leave, and sick leave are considered as time worked for overtime calculation purposes.
(c) Fire Telecommunication Supervisors who have traded shifts are not eligible to work overtime for hours that would have been their normal hours of work. (d) Temporary Upgrade Pay. Employees who are not FLSA exempt and are assigned to work overtime in a position or classification other than the position or classifica tion 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.
10.2. 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. (b) CTO in Lieu of Overtime Compensation. Except for Fire Telecommunications Su pervisors, employees may voluntarily elect to receive overtime compensation in the form of CTO at the rate one and one- half (1-½) hours of CTO for each hour of overtime worked in excess of fifty six (56) in a seven (7) day work period, for which the employ ee is eligible for overtime.
(c) Use. Use of CTO will be scheduled with due consideration for the wishes of the employee and to not interfere with the normal operation of City business.
Approval of requests for use of CTO is at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Maximum Accrual. 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.
SECTION 11. HOLIDAYS
11.1. Holidays Observed by the City:
(a) Employees will receive the following holiday on full pay for each of the below listed holidays. Unless otherwise provided in this section, the City observes the following holidays on the dates indicated:
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Observed Holiday
(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) The Friday after Thanksgiving
(12) December 25 Christmas Day
11.2. Floating Holidays
For positions that observe holidays, employees accrue floating holiday s hours equivalent of two (2) workdays annually on the first full pay period to a maximum of two (2) workdays. Floating holidays must be utilized in full day increments. Upon separation unused floating holiday hours will be paid out at the employees current straight-time rate of pay.
In 2026, employees who have not already used their birthday holiday leave will accrue one (1) workday of floating holiday hours upon the effective date of this MOU.
11.3. Holiday in Lieu
Police Telecommunications Supervisors and Fir e Telecommunications Supervisors are in positions that are scheduled to work without regard for the holidays listed above. These employees receive holiday -in-lieu in the amount of five and a half percent (5.5%) of their base hourly rate of pay in lieu of r eceiving any other form of holiday compensation.
11.4. For employees on a Monday through Friday workweek, if holidays fall on a Sunday, the following Monday will be observed. If holidays fall on Saturday, the preceding Friday will be observed.
11.5 To receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
11.6 An employee who takes a holiday off on a normally scheduled workday will receive a regular workday worth of holiday pay at their straight time rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes. A holiday that falls on an employee’s normally scheduled day off will receive a regular 596
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workday worth of holiday pay at their straight time rate of pay, however the holiday hours will not be counted as time worked. If an employee works on a holiday, the employee will receive a regular workday worth of holiday pay at their straight time rate of pay, actual hours worked will be paid at the time and one half (1-½) 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).
SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
12.1. CalPERS Retirement
Tier 1 – For Employees Hired before December 29, 2012
Employees hired before December 29, 2012, receive the 2% at 55 CalPERS formula with the one (1) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre- tax basis.
These employees receive the following optional CalPERS retirement benefits:
Section 21024 Military Service Credit as Public Service Section 21027 Military Service Credit for Retired Persons Section 20965 Credit for Unused Sick Leave
Section 21574 Fourth Level of 1959 Survivor Benefits
Section 21335 5% Annual Cost of Living Allowance Increase
Tier 2 – For Employees Hired after December 28, 2012
Employees hired after Decem ber 28, 2012, who are not classified as a new member receive the 2% at 60 CalPERS formula with the three (3) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
Section 21574 Fourth Level of 1959 Survivor Benefits
2% Annual Cost of Living Allowance Increase
Tier 3 PEPRA – For Employees Hired after December 31, 2012
Employees hired after December 31, 2012, who are not classified as a “Classic” member receive the 2% at 62 CalPERS formula with the three (3) year final average compensation period. These employees pay one-half of the total normal cost as determined annually by CalPERS on a pre-tax basis.
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These employees receive the following optional CalPERS retirement benefits:
Section 21574 Fourth Level of 1959 Survivor Benefits
2% Annual Cost of Living Allowance Increase
12.2. Uniform Allowance
(a) Employees are required to wear uniforms and receive a uniform allowance of thirty-nine dollars and forty-two cents ($39.42) per pay period. (1) Fire Telecommunications Supervisor;
(2) Police Telecommunications Supervisor;
(3) Supervising Police Records Assistant;
(4) Supervising Fire Prevention Inspector;
(5) Animal Services Supervisor;
(6) Supervising Evidence Technician;
(7) Property Room Supervisor; and
(8) Senior Community Service Officer.
(b) Safety Protective Footwear Reimbursement. Employees required to wear safety protective footwear in accordance with City Manager’s Administrative Directive HR -34, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of three hundred dollars ($300.00) as needed and approved by the employee’s supervisor and department head. The list of classifications and or positions that are required to wear protective footwear is included in the Administrative Procedure and may be amended from time to time to reflect changes in the classifications required to purchase footwear.
12.3. Deferred Compensation
The City will provide at no cost to the employee, deferred compensation as a supplement to voluntary deferred compensation plans, if any, for which the individual employee may be eligible.
12.4. Mileage Reimbursement for Private Vehicle Use
Mid-Management/Supervisory Level employees who use their own vehicle on City business on a consistent and repetitive basis will be compensated at the current Internal Revenue Service (IRS) rate and in accordance with the City Manager's Administrative Directive.
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12.5. Longevity Pay
Employees hired before July 1, 2012, who by July 1, 2012, attained twelve (12) years of continuous employment with the City receive Longevity Pay in the amount of one point five percent (1.5%) of their base rate of pay.
12.6. Call Back Pay
(a) Overtime eligible employees who are called back to physically return to work will be compensated for a minimum of three (3) hours of pay. (b) To be eligible for call back pay, both of the following conditions must be met:
1) the call back must occur outside of the employee’s regular work hours including scheduled overtime, and 2) the call back time worked must not be contiguous to the employee’s regular work hours including scheduled overtime.
12.7. Standby Pay
Supervisors only who are directed to remain on standby duty during their regular days off shall be paid $3.00 per hour while assigned to be on standby. Each employee assigned to "standby" is required to carry a mobile phone or other agreed upon communication device while on standby. Employees on Standby shall respond to calls received as soon as they receive them but in no case longer than thirty ( 30) minutes and report to the work site within forty -five (45) minutes.
Employees on Standby shall ensure that they available and able to return to work to perform their assigned duties. An employee will 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 “worked” for purposes of calculating overtime.
12.8. Bilingual Pay
Classifications determined by the department head requiring bilingual translation skills will receive bilingual pay in the amount of seventy-three dollars and eighty - five cents ($73.85) per pay period for verbal translation skills, or one hundred and one dollars and fifty -four cents ($101.54) per pay period for verbal and written translation skills . Employees must be certified by the Human Resources Department to qualify for bilingual pay.
12.9. CalPERS Reportability
The City m akes 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. 599
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12.10. “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.
SECTION 13. INSURANCE PLANS
13.1. Reopener Clause for Health Insurance
If the City’s general fund revenue forecast exceeds three hundred and eighty million dollars for fiscal year 2028/29 and if medical, dental, and vision insurance premiums for employee-only, employee plus one (1) dependent, or employee plus family increase by more than four percent (4%) in plan year 2029, the City will meet and confer at B&C’s request regarding premium contributions for plan year 2029.
13.2. Health and Welfare Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible d ependents 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 of 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 de pendent 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) The City shall contribute 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.
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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:
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.
Up to $2,353.73 per month toward the cost of the m onthly premium for employee plus two (2) or more dependents
medical/dental/vision.
(3) Effective January 1, 2028, the City contributes 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 depen dents
medical/dental/vision plan coverage.
(4) Effective January 1, 2029, the City contributes 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 $1,8 37.86 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.
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 601
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deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical//dental/vision to be pre-tax premium conversion. (d) Plan Rules . Employees may insure themselves and their eligi ble 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.
13.3. Group Life Insurance Coverage
The City provides employees with a group term life insurance policy in the amount of fifty thousand dollars ($50,000). In addition, employees can purchase additional voluntary life through their union or through the City’s IRS 125 plan vendor.
13.4. Long Term Disability Insurance Coverage
Mid-Management/Supervisory Level employees will receive long term disability insurance coverage. Plan benefits shall be as described in the Plan document, but shall include:
(a) Each disability – approximately sixty-six and two-thirds (66⅔) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.
(b) Disability income payments will commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) days waiting period.
13.5. State Disability Insurance
Employees receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
SECTION 14. SALARY PLAN
For a current Salary Schedule, please check the Human Resources website at www.stocktongov.com.
14.1. Salary Adjustments
(a) Effective July 12, 2026, will receive a two percent (2.0%) Cost of Living Adjustment (COLA) to base pay.
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(b) Effective July 1, 2027, all classifications will receive a two percent (2.0%) COLA to base pay.
(c) Effective July 1, 2028, all classifications will receive a two percent (2 .0%) COLA to base pay.
14.2. Market Adjustments
Effective July 12, 2026, all classifications will receive a one and a half percent (1.5%) market adjustment.
Effective July 12, 2026, all Fire Telecommunications Supervisors will receive a market adjustment in the amount of four point two -five percent (4.25%) to base pay.
14.3. Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
14.4. Salary Step when Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the Director of Human Resources.
14.5. Salary Step after Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the ran ge 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 o f this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules apply.
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjust ed to the salary prescribed for the class to which demoted.
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14.6. 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 mus t meet the above conditions before being eligible for Acting Pay.
14.7. Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher -level classification shall receive the hourly or daily rate of the higher classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher-level classification.
14.8. 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, but agrees to discuss them with the Association.
14.9. Special Assignment Pay
The department head and with the concurrence of the Director of Human Resources may approve additional compensation in an amount of five percent (5.0%) of their base rate of pay when an employee is assigned to perform additional duties and responsibilities for the duration of the special assignment.
14.10. Salary Step Increase
Salary step increase will be effective the first day of the pay period following appointment or revision. If the date or revision is the first day of a pay period, salary step increases will be as of that date.
14.11. Salary Step Plan
The Salary Schedule consists of nine (9) steps, with five percent (5.0%) between steps one (1) through six (6), and two and a half percent (2.5%) between steps seven (7) through nine (9).
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(a) The second step will be paid upon the satisfactory completion of the probationary period.
(b) The third step will be paid upon the satisfactory completion of one (1) year of service at the second step.
(c) The fourth step will be paid upon the satisfactory completion of one (1) year of service at the third step.
(d) The fifth step will be paid upon the satisfactory completion of one (1) year of service at the fourth step.
(e) The sixth step will be paid upon the satisfactory completion of one (1) year of service at the fifth step.
(f) The seventh step will be paid upon the satisfactory completion of one (1) year of service at the sixth step.
(g) The eighth step will be paid upon the satisfactory completion of one (1) year of service at the seventh step.
(h) The ninth step will be paid upon the satisfactory completion of one (1) year of service at the eighth step.
14.12. Base Rate of Pay
The employees’ Base Rate of Pay is their step as listed on the salary scheduled for their classification.
14.13 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.
14.14 Regular Rate of Pay
The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
SECTION 15. MAINTENANCE OF OPERATIONS/CITY RIGHTS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. The Association and each employee represented thereby agrees during the term of this MOU, the Association or any person acting in its behalf, or each employee in a classification represented by the Association will not cause, authorize, engage in, encourage, or sanction a strike, unfair labor practice strike, or sympathy strike, work stoppage, slowdown, refusal to operate designated equipment (provided such equipment is safe and sound), or 605
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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) 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.
SECTION 16. SEVERABILITY OF PROVISIONS
If any provisions of this MOU are dec lared 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. PAST PRACTICES AND EXISTING MEMORANDUM 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 B&C.
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 will prohibit the parties from changing the terms of this MOU by mutual agreement.
SECTION 19. DURATION OF AGREEMENT
All provisions of this MOU are effective the date of execution unless otherwise indicated, and will remain in full force and effect to and including June 30, 2029.
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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 ____________.
MID-MANAGEMENT/SUPERVISORY LEVEL
UNIT
CITY OF STOCKTON
By: _______________________
Almarosa Vargas
President
APPROVED AS TO FORM:
By: _______________________
Johnny Ford
City Manager
Approved as to form:
Goyette & Associates, Inc.
By: _______________________
Tony Silva
Labor Representative for Association
By: _______________________
Marie Guillory-Jones
Interim Director of Human Resources
By:________________________
Michael Jarvis
Negotiator for the City
Approved as to form:
By: _______________________
Marci Arredondo
City Attorney
607
Fund Fund Name
Wage &
Health
Increases
Additional
Steps
Uniform &
Safety
Allowance
Vacation
Sellback Total
$1,190,959 $306,705 $1,100 $356,578 $1,855,342
100 GENERAL FUND 576,424 148,445 532 172,584 897,986
210 MEASURE M 39,897 10,275 37 11,945 62,154
220 DEV SVS 148,870 38,338 138 44,572 231,918
230 HOUSING F 3,096 797 3 927 4,824
240 GAS TAX 44,065 11,348 41 13,193 68,648
255 SOLIDWASTE 14,411 3,711 13 4,315 22,450
270 MAINT DIST 2,858 736 3 856 4,453
280 SPEC GRANT 5,955 1,534 6 1,783 9,277
290 HOUSING ST 119 31 0 36 186
300 GOVT CIP 112,307 28,922 104 33,625 174,959
310 PFF FUND 6,074 1,564 6 1,819 9,462
400 DEBT SVC 834 215 1 250 1,299
500 FLEET 22,628 5,827 21 6,775 35,252
510 TECHNOLOGY 49,663 12,790 46 14,869 77,368
570 REPRO 4,526 1,165 4 1,355 7,050
600 WATER 49,425 12,728 46 14,798 76,997
610 WASTEWATER 81,342 20,948 75 24,354 126,720
620 STORMWATER 24,534 6,318 23 7,346 38,220
630 PARK AUTH 3,930 1,012 4 1,177 6,123
FY 2026-27 Budget Amendment for B&C MOU Changes Effective 7/21/26 EXHIBIT 2
608
City of Stockton
Legislation Text
File #: 26-0783, Version: 1
APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON CITY EMPLOYEES’ ASSOCIATION (SCEA)
RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memorandum of Understanding (MOU) with the Stockton City Employees’ Association (SCEA) effective July 1, 2026, through June 30, 2029.
It is further recommended that the City Manager be authorized to take any appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the successor MOU.
Summary
In March 2026, City representatives began negotiations with the SCEA unit for a successor MOU, as the contract was set to expire on June 30, 2026. Following a series of bargaining sessions, the City and SCEA unit 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, increased City contributions toward health insurance premiums, and cleanup language.
The successor MOU for SCEA unit 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 SCEA unit represents a wide variety of administrative, technical, clerical, professional, and field positions throughout the City. In 2023, the City entered into a three (3) year contract term with SCEA.
Under this agreement, bargaining unit members received a four percent (4%) cost of living adjustment (COLA) effective July 1, 2023, a three percent (3%) COLA effective July 1, 2024, a three percent (3%) COLA effective July 1, 2025, market adjustments for classifications that were more than ten percent (10%) below median of market effective July 1, 2024 and July 1, 2025, two (2) lump sum payments of two thousand dollars ($2,000) paid out on July 1, 2024 and July 1, 2025, and a two percent (2%) increase to the City’s health contribution for each year of the contract.
In March 2026, City representatives began negotiations with the SCEA unit for a successor MOU. On June 11, 2026, the City reached a tentative agreement on a successor MOU with SCEA. On July 13, City of Stockton Printed on 7/17/2026Page 1 of 5
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2026, the City was notified that SCEA members had ratified the tentative agreement.
Present Situation
The relevant amendments under the successor MOU for the SCEA unit are summarized as follows:
1. MOU contract term for three (3) years effective July 1, 2026, through June 30, 2029 (SCEA MOU Section 23).
2. COLAs consisting of a two percent (2%) effective July 1, 2026, a two percent (2%) COLA effective July 1, 2027, and a two percent (2%) COLA effective July 1, 2028 (SCEA MOU Section 17).
3. Market Adjustments consisting of a one and a half percent (1.5%) increase for all classifications, and a four point two-five percent (4.25%) increase for Fire Telecommunicators and Fire Telecommunicator Call Takers effective the first full pay period following adoption by City Council (SCEA MOU Section 17).
4. Salary Step Plan. Adds salary steps 7, 8, and 9 to the salary schedule. Clarifies that there is a five percent (5%) between steps one (1) through six (6) and two and a half percent (2.5%) between steps seven (7) through nine (9) (SCEA MOU Section 17).
5. City Health Contribution. Four percent (4%) increase to the City’s health insurance premium contribution effective January 1, 2027, two percent (2%) increase effective January 1, 2028, and two percent (2%) increase effective January 1, 2029 (SCEA MOU Section 16).
6. Reopener Clause for Health Insurance. At SCEA’s request, the City will meet and confer regarding premium contributions should medical, dental, and vision insurance premiums increase more than four percent (4%) and if the City’s general fund revenue forecast exceeds three hundred and eighty million dollars for fiscal year 2028/29 (SCEA MOU Section 16).
7. Uniform Allowance. Offers a twenty-five dollar ($25) increase to specific classifications and updates the annual value to reflect a per pay period amount (SCEA MOU Section 15).
8. Safety Protective Footwear. Offers a fifty dollar ($50) increase for eligible employees and updates the allowance to reflect a per pay period amount. Additionally, it adds classifications to the list of employees that are required to wear safety footwear (SCEA MOU Section 15).
9. Vacation Sellback provision allows a vacation cash payment option/sell-back of up to thirty (30) hours of vacation each calendar year (SCEA MOU Section 10).
10.Vacation Accrual. Converts vacation accrual amounts from annual to per pay period amounts.
This change reflects how vacation accruals are earned (SCEA MOU Section 10).
11.Call Back Pay. Increases call-back pay to three (3) hours of pay for employees who are physically called back to work (SCEA MOU Section 15).
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12.Bilingual Pay. Updates language to reflect the value of the pay on a bi-weekly basis consistent with current payroll practices (SCEA MOU Section 15).
13.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. It also allows employees who have not yet used their birthday holiday leave in 2026 to accrue one (1) floating holiday. Additionally, it changes “Columbus Day” to “Indigenous Peoples Day” (SCEA MOU Section 13).
14.Holiday in Lieu for Police and Fire Telecommunications. Employees in these classifications that are scheduled without regard for the holidays will receive holiday-in-lieu in the amount of five and a half-percent (5.5%) of their base hourly rate (SCEA MOU Section 13).
15.Overtime Eligibility. Adds that vacation is counted as time worked for overtime purposes.
Clarifies that overtime is paid at the employee’s regular rate of pay and eliminates language referring to Fire Telecommunications assigned to a 56-hour workweek as they no longer work a 56-hour workweek (SCEA MOU Section 12).
16.Workweek. Removes the Fire Telecommunicator’s schedule as they are no longer assigned to a 56-hour workweek (SCEA MOU Section 11).
17.Meal and Rest Periods. Adds that Code Enforcement Officers may be relieved from duty and receive a paid meal period with written approval from the Chief’s office (SCEA MOU Section 11).
18.Grievance Processing. Clarifies that employees should take Step 1 of the grievance procedures to their direct supervisor and that SCEA can submit a grievance on behalf of employees (SCEA MOU Section 9).
19.Personnel Records Inspection: Allows employees to authorize their authorized representative, upon written request, to inspect and receive copies of personnel records and employee’s official personnel file maintained by the Human Resources Department (SCEA MOU Section 5).
20.Other Leaves with Pay. Offers clean-up language for Jury Duty and Court Leave. Also offers a reopener where the parties agree to continue to meet and confer over a citywide legally protected leaves policy (SCEA MOU Section 10).
21.Elimination of language that is duplicative, obsolete, or already governed by City policies or applicable federal and state laws for: union rights, non-discrimination, sick leave, bereavement leave, CalPERS retirement, longevity pay, standby pay, Y rate, bi-weekly pay period, and maintenance of operations. These provisions remain fully enforceable and applicable to employees regardless of whether they are specifically referenced in the MOU.
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.
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FINANCIAL SUMMARY
COLA & MARKET Adjustments
The total three-year cost for the COLA and Market adjustment increases to base pay for the 542 employees in the SCEA bargaining group is approximately $4.5 million. Of this amount, $2.8 million is a General Fund cost. The table below shows the cost increases for the three-year term of the contract.
ADDITIONAL SALARY STEPS
Three additional steps have also been proposed for each of the classification salary schedules within the bargaining group. The three-year cost of this adjustment is approximately $3.2 million. The impact on the General Fund is approximately $2 million.
HEALTH CARE INCREASES
The City has agreed to increase its contribution to employee health care costs by 4% in FY27, 2% in FY28, and 2% in FY29. The total three-year cost is approximately $1.3 million. This would be an additional $783,000 in costs to the General Fund over three years.
UNIFORM & SAFETY ALLOWANCE
An increase of $25 towards the annual uniform allowance, and an additional $50 towards safety footwear is proposed for a three-year cost of $38,025.
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VACATION SELLBACK
Bargaining group members may cash out up to 40 vacation hours each year. This would amount to approximately $2.2 million over three years, with a potential impact of roughly $1.4 million to the General Fund.
TOTAL COSTS
The total cost of this agreement is approximately $11.2 million. Of this amount, the cost would be approximately $3.7 million in FY27, $3.4 million in FY28, and $4.1 million in FY29. The impact on the General Fund is approximately $6.9 million.
Attachment A - SCEA MOU - Redline
Attachment B - SCEA Costing Table
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Attachment A
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
CITY OF STOCKTON
AND
STOCKTON CITY EMPLOYEES’ ASSOCIATION
JULY 1, 2023 2026, THROUGH JUNE 30, 2026 2029
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Attachment A
City of Stockton i SCEA MOU 2026-2029
Table of Contents
Page
Table of Contents ............................................................................................................. i Article 1- Recognition ...................................................................................................... 4 Article 2- Union Rights ..................................................................................................... 4
2.1. SCEA Member Payroll Deductions ................................................................... 4
2.1. New Hire Employee Orientation and Information Requirements ....................... 5
2.2. Use of City Facilities ......................................................................................... 6
2.3. Advance Notice ................................................................................................. 6
2.4. Attendance at Meetings by Employees ............................................................. 7
2.5. SCEA Time Bank .............................................................................................. 7 Article 3- Probation .......................................................................................................... 8
3.1. Purpose............................................................................................................. 8
3.2. Original Entrance and Promotional Positions .................................................... 8
3.3. Retention/Rejection of Probationer ................................................................... 9 Article 4- Performance Evaluations ................................................................................. 9
4.1. Preparation of Draft and Discussion with Employee ......................................... 9
4.2. Employee Disagreement with Rating .............................................................. 10
4.3. Annual Evaluations ......................................................................................... 10 Article 5- Personnel Records ......................................................................................... 10
5.1. Inspection........................................................................................................ 10
5.2. Review and Response Before Adverse Action................................................ 11
5.3. Request for Removal of Records .................................................................... 11 Article 6- Layoff ............................................................................................................. 11
6.1. Layoff .............................................................................................................. 11
6.2. Layoff Scope ................................................................................................... 11
6.3. Notice of Layoff ............................................................................................... 12
6.4. Precedence by Employment Status ................................................................ 12
6.5. Order of Layoff and Employee Options ........................................................... 13
6.6. Health, Dental, and Vision Benefits During Layoff .......................................... 13
6.7. Voluntary Layoff .............................................................................................. 14 Article 7- Reemployment ............................................................................................... 14
7.1. Placement on Eligibility List for Position Held ................................................. 14
7.2. Placement on Eligibility List for Qualifying Positions ....................................... 14
7.3. Status Upon Reemployment ........................................................................... 15
7.4. Temporary Employment .................................................................................. 15 Article 8- Discipline ........................................................................................................ 15
8.1. Pre-disciplinary Rights .................................................................................... 15
8.2. Procedural Rights ........................................................................................... 15
8.3. Disciplinary Appeal Options ............................................................................ 16 Article 9- Grievance Procedure ..................................................................................... 16
9.1. Definition ......................................................................................................... 16
9.2. Union Grievances ........................................................................................... 16
9.3. Filing Deadline ................................................................................................ 17
9.4. Grievance Processing ..................................................................................... 17
9.5. Scope of Arbitration ........................................................................................ 19 615
City of Stockton ii SCEA MOU 2026-2029
9.6. Other Provisions ............................................................................................. 19 Article 10- Leaves.......................................................................................................... 20
10.1. Vacation Leave ............................................................................................ 20
10.2. Sick Leave ................................................................................................... 24
10.3. Bereavement Leave .................................................................................... 28
10.4. Jury Duty Leave .......................................................................................... 29
10.5. Court Leave ................................................................................................. 29
10.6. Leaves Reopener ........................................................................................ 29
10.7. Workers’ Compensation Leave ................................................................... 31
10.8. Leave of Absence Without Pay ................................................................... 31
10.9. Absence Without Official Leave (AWOL) ..................................................... 32 Article 11- Days and Hours of Work .............................................................................. 33
11.1. Workweek .................................................................................................... 33
11.2. Meal Periods and Rest Periods ................................................................... 33
11.3. Hourly Employees ....................................................................................... 34
11.4. Regular Part-Time Employees .................................................................... 34
11.5. Job Sharing ................................................................................................. 34
11.6. Reporting to Work ....................................................................................... 34
11.7. Shift Bidding ................................................................................................ 35 Article 12- Overtime....................................................................................................... 35
12.1. Overtime Authorization ................................................................................ 35
12.2. Definition ..................................................................................................... 35
12.3. Temporary Upgrade Pay ............................................................................. 36
12.4. Rest Period During Overtime ....................................................................... 37
12.5. Compensatory Time Off (CTO) ................................................................... 37
12.6. Exempt Status of Classifications ................................................................. 38 Article 13- Holidays ....................................................................................................... 38
13.1. Qualifying for Holiday Pay ........................................................................... 38
13.2. Holidays Observed by the City .................................................................... 38
13.3. Modification of Observed Holidays .............................................................. 39
13.4. Floating Holidays ......................................................................................... 39
13.5. Holiday in Lieu ............................................................................................. 40
13.6. Holidays for Library Service Division Employees ........................................ 40
13.7. Compensation for Holidays Not Worked...................................................... 40
13.8. Compensation for Holidays Worked ............................................................ 41 Article 14- CalPERS Retirement .................................................................................. 41
14.1. Tier 1 – For Employees Hired before December 29, 2012 .......................... 41
14.2. Tier 2 – For Employees Hired after December 28, 2012 ............................. 41
14.3. Tier 3 PEPRA – For Employees Hired after December 31, 2012 ................ 42 Article 15- Miscellaneous Pay Provisions ...................................................................... 43
15.1. Uniform Allowance ...................................................................................... 43
15.2. Standby Pay ................................................................................................ 44
15.3. Call-Back Pay .............................................................................................. 44
15.4. Employee Educational Assistance .............................................................. 45
15.5. Mileage Expense Reimbursement ............................................................... 45
15.6. Voluntary Court Standby ............................................................................. 45 Attachment A
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15.7. Bilingual Pay ................................................................................................ 45
15.8. Safety Protective Footwear Allowance ........................................................ 47
15.9. Animal Services Protective Equipment and Vaccinations ........................... 47
15.10. Longevity Pay .............................................................................................. 47 Article 16- Insurance Plans ........................................................................................... 47
16.1. Reopener Clause for Health Insurance ....................................................... 47
16.2. Health, Dental, Vision, and Prescription Benefits ........................................ 48
16.3. Long Term Disability insurance ................................................................... 50
16.4. State Disability Insurance (SDI) ................................................................... 50
16.5. Life Insurance .............................................................................................. 50 Article 17- Salaries ........................................................................................................ 51
17.1. Wages ......................................................................................................... 51
17.2. Market Adjustments ..................................................................................... 51
17.3. Salary Upon Appointment............................................................................ 52
17.4. Salary Step Plan .......................................................................................... 52
17.5. Salary Step After Promotion or Demotion.................................................... 54
17.6. Salary on Transfer ....................................................................................... 54
17.7. Acting Pay ................................................................................................... 55
17.8. Special Assignment Pay .............................................................................. 55
17.9. Temporary Upgrade Pay ............................................................................. 55
17.10. Pay Equity Adjustments............................................................................... 55 Article 18- Voluntary Transfer ........................................................................................ 56 Article 19- Severability of Provisions ............................................................................. 56 Article 20- Past Practices and Existing Memoranda of Understanding ......................... 56 Article 21- Scope of Agreement .................................................................................... 56 Article 22- No Strike ...................................................................................................... 56 Article 23- Duration of Agreement ................................................................................. 57 Appendix “A” FLSA Exempt Job Classifications .............................................................. A Appendix “B” Safety Protective Footwear ........................................................................ B Attachment A
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STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 2023 – June 30, 2026
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
City of Stockton 4 SCEA MOU 2026-2029
ARTICLE 1. RECOGNITION
(a) The Stockton City Employees’ Association (“SCEA”) is the exclusively recognized employee organization having the right to represent employees on matters within the scope of representation under the Meyers-Milias-Brown Act in these bargaining units with the City of Stockton (“City”):
(1) Administrative, Clerical, and Services Unit (“SCEA – ACS”) (2) Professional and Technical Unit (“SCEA P&T”)
(2)(3) Fire Unit (“SCEA – R”)
(b) City employees employed in one (1) of these bargaining units are referred to within this Memorandum of Understanding (“MOU”) as “bargaining unit employees”, or just “employees” unless the context requires otherwise. This MOU applies only to bargaining unit employees.
(c) Representatives of SCEA and the City met and conferred in good faith regarding matters within the scope of representation, have freely exchanged information, opinions, and proposals, and have endeavored to reach agreement on such matters.
(d) This MOU has been jointly prepared by the parties and is entered into in accordance with the Meyers-Milias-Brown Act (Government Code sections 3500 et seq.) and applicable regulations of the Public Employment Relations Board (collectively herein, the “MMBA”).
(e) This MOU will be presented to the City Council, as the joint recommendations of the undersigned, for the period commencing July 1, 2023, and ending June 30, 2026.
ARTICLE 2. UNION RIGHTS
2.1. SCEA Member Payroll Deductions
(a) Consistent with Government Code sections 1152, 1157.1, 1157.3, and 1157.12, the parties agree to the following process for making, canceling, or changing payroll deductions of SCEA membership dues, initiation fees, general assessments, payments for other membership benefit programs sponsored by SCEA, and for any other services provided by SCEA.
(b)(a) As certified in writing by SCEA to the City in a manner consistent with the requirement of the foregoing Government Code sections, the The City will deduct the monthly Union membership dues, initiation fees, general assessments and Attachment A
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STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 5 SCEA MOU 2026-2029
payments for membership benefits programs sponsored by SCEA, and for any other services provided by SCEA, from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, as certified in writing by SCEA to the City, and pay such amounts to SCEA.
(1) All bargaining employee requests to cancel or change SCEA dues deductions shall be directed to SCEA.
(2) The City shall rely upon written notification from SCEA for all employee requests to cancel or change payroll deductions for such payments. (3) SCEA is responsible to obtain and maintain voluntary written authorization for such payments.
(4) SCEA deductions shall automatically renew unless written notice is provided by the authorized representative of SCEA certifying a change in such deductions.
(5) The City shall honor any changes to such deduction amounts provided by SCEA.
(6) SCEA may but 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 by SCEA via email 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: SCEA 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 delay due to pay period processing constraints. The City will make every effort to process earlier if possible. (c)(b) Hold Harmless Provision
The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2. New Hire Employee Orientation and Information Requirements (a) In accordance with Assembly Bill (AB) 119, the The City shall provide SCEA not less than ten (10) days’ notice in advance of new hire employee orientation.
Attachment A
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Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 6 SCEA MOU 2026-2029
(b) 30-Day New Hire Notification. The City will provide SCEA in Excel (.xlsx) format, with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire or by the first pay period of the month following hire. (c) 120-Day Bargaining Unit List. The City will provide SCEA with a list, in Excel (.xlsx) format, of the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address for all employees in the bargaining unit during the first pay period in January, May, and September of each year.
(d) All notifications and information provided by the City under this section 2.2 will be sent to SCEA by email to addresses designated by SCEA representatives.
2.3. Use of City Facilities
(a) SCEA will be allowed use of space on available bulletin boards and reasonable use of City computer systems and networks for communications having to do with official SCEA business, such as times and places of meetings, provided such use does not interfere with the needs of the City.
(b) Any representative of SCEA will give notice to the department head or designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal SCEA business will be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with individual department heads and when made will continue until revoked by the department head.
(c) City buildings and other facilities may be made available for use by bargaining unit employees and their SCEA representative(s) in accordance with such administrative procedures as may be established by the City Manager, Director of Human Resources, or department heads concerned.
2.4. Advance Notice
(a) Except in cases of emergency, reasonable advance written notice will be given to SCEA 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 will be given the opportunity to negotiate if requested with the designated management representatives prior to adoption. SCEA shall have fourteen (14) days to request a meet and confer. If SCEA fails to request a meet and confer Attachment A
620
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 7 SCEA MOU 2026-2029
within this time period, it shall be deemed to have waived its right to meet and confer.
(b) 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 SCEA will be provided with the notice described above and be given an opportunity if requested to negotiate changes to said notice with the management representatives designated by the City Manager.
2.5. Attendance at Meetings by Employees
City employeesEmployees who are official representatives or unit representatives of SCEA will be given reasonable time off with pay to attend meetings with City management representatives where matters within the scope of representation or grievances are being considered. Time spent for these purposes while a representative is not scheduled to work will not be compensated by the City and will not be considered as hours worked.
Such employee representatives will submit a request for an excused absence to their respective department heads, in a manner satisfactory prior to the scheduled meeting whenever possible. Except by mutual agreement the number of employees excused for such purposes will not exceed three (3) per recognized bargaining unit.
2.6. SCEA Time Bank
Upon request by SCEA in February of each year, each employee covered by this MOU must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by SCEA officers, directors, and members for SCEA business that occurs during normal work hours, for which paid release time does not apply. Time bank hours used will not be considered as hours worked. The use of SCEA Time Bank must be authorized by an SCEA Officer, or SCEA director. Members must submit the time off request in advance and receive supervisor approval to attend SCEA business that occurs during normal work hours. The total amount of release time in the bank, including any carryover, will at no time exceed five hundred (500) hours. The City’s administration and processing of these contributions will be implemented as soon as administratively possible after ratification of this MOU.
2.7. Employee Rights to Participate or Refrain from SCEA Activities (a) Bargaining unit employees have the right to join and to participate in the activities of SCEA for purposes representation under the MMBA and also have the right to refrain from participation of any such activities.
Attachment A
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Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 8 SCEA MOU 2026-2029
(b) Bargaining unit employees have the right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the City for activities protected by the MMBA.
(c) The above provisions will not be subject to the grievance procedure, herein, but will be subject to enforcement through the established administrative procedures and the provisions for enforcement of the California Government Code Section 3500 et seq.
2.1. Assignment of Classifications
New job classifications established by the City will be assigned to the bargaining unit, pursuant to the City’s Employer–Employee Relations Resolutions, after providing notice and the opportunity to consult with SCEA regarding such matters.
ARTICLE 3. Non-Discrimination
The City and SCEA agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate union activity, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment.
SCEA 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.
ARTICLE 4.ARTICLE 3. PROBATION
4.1.3.1. Purpose
The probationary period will be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employee whose performance does not meet the required standards of work.
4.2.3.2. Original Entrance and Promotional Positions
Employees hired or promoted after the effective date of this MOU will be subject to the following:
(a) All original appointments will be tentative and subject to probationary period of twelve (12) months.
Attachment A
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STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 9 SCEA MOU 2026-2029
(b) All promotional appointments will be tentative and subject to a probationary period of not less than six (6) months but not more than twelve (12) months, as specified in the class specification.
(c) Original and promotional probationary periods may be extended up to an additional six (6) months in those cases where the appointing authority and the Director of Human Resources agree that an extension would be beneficial to the employee and the City due to specific and documented performance problems.
4.3.3.3. Retention/Rejection of Probationer
(a) 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 will file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or not regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probationary period will not constitute a rejection of the probationer as defined in Civil Service Rules.
(b) 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, will be reinstated to the position and salary step from which promoted unless disciplinary charges are filed and the employee is discharged in the manner provided in section 9.1Article 8 of this MOU and in the Civil Service Ordinance and Civil Service Rules and Regulations for Miscellaneous Employees, which are consistent therewith.
(c) If an employee is rejected from their probationary period, the employee will receive the salary at the same step prior to promotion.
ARTICLE 5.ARTICLE 4. PERFORMANCE EVALUATIONS
5.1.4.1. Preparation of Draft and Discussion with Employee (a) Performance evaluations will normally be prepared in draft form and discussed with the employee prior to finalization and inclusion in the official personnel file. (b) Employees will be evaluated according to the established procedures set forth in City policies. Evaluations should include, where practicable, narrative remarks to support the ratings.
Attachment A
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STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 10 SCEA MOU 2026-2029
(c) Ratings of less than satisfactory in any of the major categories will include a statement of the deficiency, suggested plans for correction, and a timeframe for improvement.
(d) Employees may respond in writing to a performance evaluation and have such response attached to their official personnel file.
5.2.4.2. Employee Disagreement with Rating
If an employee does not agree with the performance evaluation, the employee may submit a written response to the department head raising specific issues of disagreement.
The department head will investigate the evaluation and render a written decision on all issues raised by the employee within twenty (20) working days of receipt of the appeal. If the employee is not satisfied with the department head’s response, the employee may prepare a written response and have such response included in their official personnel file.
5.3.4.3. Annual Evaluations
(a) The City may institute annual evaluations of bargaining unit employees beyond the sixth (6th) year of employment on a department-by-department basis. (b) In the event a supervisor or manager does not complete a represented employee’s performance evaluation on time resulting in a delay in the employee’s step or merit increase, the supervisor or manager will promptly complete the necessary payroll form(s) to implement the step or merit increase.
ARTICLE 6.ARTICLE 5. PERSONNEL RECORDS
6.1.5.1. Inspection
Employees and their authorized representatives have the right, upon written request, to inspect and receive copies of personnel records relating to the employee’s employment, performance, education, training, or to any grievance concerning the employee, including the employee’s official personnel file maintained by the Human Resources Department and any departmental duplicate file. Authorized representatives must have authorization from the employee in writing to access their personnel file. The City will make such records available within thirty (30) days after receipt of the written request. This right does not extend to letters of reference, records relating to the investigation of a possible criminal offense, or other records exempt from disclosure under applicable law.
Employees covered by this MOU will have the right to inspect and receive a copy of records pertaining to their employment, records related to their performance or to any grievance concerning them, the contents of their official personnel file in the Human Attachment A
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STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 11 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
Resources Department, and duplicate file kept in the department at reasonable intervals within thirty (30) calendar days of the City’s receipt of a written request by the employee or their representative. This right will not extend to letters of reference, pre-employment matters, and reports concerning criminal investigations of the employee.
6.2.5.2. Review and Response Before Adverse Action
The City will not take any adverse action based upon any documented incident or any document, unless the bargaining unit employee first receives a copy of the document and has an opportunity to respond in writing to that document. This requirement does not apply to supervisor’s anecdotal records which will be kept separate from the official personnel file or the departmental duplicate file. Such anecdotal records may be maintained for preparation of an evaluation or for notations related to potential discipline.
6.3.5.3. Request for Removal of Records
An employee or their representative may submit a written request to seek removal of any material placed into their official file in the Human Resources Department and the duplicate file kept in the department according to the City’s Discipline Policy. This paragraph does not apply to records required by law to be kept, or as set forth in section
6.1 above.
ARTICLE 7.ARTICLE 6. LAYOFF
7.1.6.1. 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. In doing so, the City will follow the layoff procedure set forth herein below.
7.2.6.2. Layoff Scope
(a) The City will designate the number of layoffs in each bargaining unit classification for each department of the City.
(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
Attachment A
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STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 12 SCEA MOU 2026-2029
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
7.3.6.3. Notice of Layoff
The City will give advance written notice of at least two (2) weeks to bargaining unit employees who will be laid off.
7.4.6.4. Precedence by Employment Status
No bargaining unit employee having regular status will be laid off while employees working in extra help, seasonal, temporary, provisional, or probationary status are retained in the same or comparable classification as such regular status employee. The order of layoff among bargaining unit employees not having regular status will be as follows:
(a) First, extra help and seasonal employees;
(b) Second, provisional employees;
(c) Third, temporary employees; and
(d) Fourth, probationary employees.
Layoffs will be by job classification according to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure, regular part-time classes will be considered as separate from regular status full-time classes.
The following provisions will apply in computing total continuing service:
(a) Time spent on military leave will count as service in the event the leave was taken subsequent to entry into regular status City employment. (b) Time worked in extra help, seasonal, provisional, temporary, grant or other limited term status will not count as service.
(c) Time worked in a regular status or probationary status will count as service.
Attachment A
626
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 13 SCEA MOU 2026-2029
(d) If two (2) or more employees have the same seniority, the order of seniority will be determined by their respective ranking on the eligibility list for hire. (e) If two (2) or more employees have the same seniority, but were not hired from a ranked eligibility list, the order of seniority will be determined by lot. (f) If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority will be determined by lot. (g) Regular status part-time employees will not have the right to bump regular status full-time employees.
7.5.6.5. Order of Layoff and Employee Options
Reduction in force will occur in the following order:
(a) The least senior employee occupying the position(s) being eliminated will be the first laid off. The incumbent designated for layoff will have the options noted below:
(1) Displacing the least senior employee occupying the same or comparable classification, Citywide.
(2) Exercising seniority by returning to the classification in which the employee had prior status, thus displacing the employee working in that classification who has the least seniority.
(b) Seniority for the purposes of application of the layoff procedure in Article 7 is determined by total City employment, excluding employment as an extra help, seasonal, provisional, or temporary employee.
(c) Comparability of employee classifications for the purposes of application of the layoff procedure in Article 7 will mean the exact salary and similar duties as determined by the Director of Human Resources. Employees must meet the minimum qualifications of the comparable classification. (d) An employee displaced in accordance with this section 7.5 will be laid off in the same manner as an employee whose position has been abolished.
7.6.6.6. Health, Dental, and Vision Benefits During Layoff Regular status bargaining unit employees who are laid off may continue their existing health, dental and vision benefits at their own expense for up to thirty-six (36) months after separation from City employment, which runs concurrently with any COBRA continuation benefits. Timely payments of the premiums by the employee must be made Attachment A
627
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 14 SCEA MOU 2026-2029
Term: J uly 1, 202 63 – June 30, 20262029
ADMINISTRATIVE, CLERICA L AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUN ICATORS UNIT
to the City, accordin g to City regulations, a nd the employee must otherwise meet eligibility requirements for continu ed coverage.
7.7.6.7. Voluntary Layoff
When the City determines a layoff will occur, regular status bargaining unit employees may elect to be voluntarily separated from City employment regardless of their seniority status, whereupon the following provisions apply:
(a) For payroll purposes, the employee will be treated as being on approved leave of absence without pay for up to twelve (12) months.
(b) The employee will have the option to either retain sick leave and/or vacation balances for up to one (1) year in anticipation of reemployment or be paid off for those leaves if and to the extent permitted under this MOU, City policy, or applicable law.
(c) The names of employees who elect to be voluntarily laid off will be placed on a reemployment list. s in accordance with Article 8 of this MOU.
ARTICLE 8.ARTICLE 7. REEMPLOYMENT
8.1.7.1. Placement on Eligibility List for Position Held The name of each employee who is laid off or reduced from a higher class as a result of layoff in accordance with Article 7 will be placed at the head of the eligibility list for the class of positions which that employee held, and will be given preference in filling vacancies in that class.
8.2.7.2. Placement on Eligibility List for Qualifying Positions An employee laid off in accordance with this Article will be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This right of a laid off employee will remain effective for two (2) years from the date of latest separation from service. Employees who are subject to a layoff will be provided by the Human Resources Department a notice of their rights of reemployment and a form on which the employees are to indicate their reemployment preferences.
Employees placed on said list or lists will be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and will be given preference in filling vacancies except for those persons placed on said lists or lists of reemployment in the same position previously held. An employee who waives reemployment to a full-time Attachment A
628
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 15 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
position three (3) times will have their name removed from this reemployment list unless mutually agreed to by the Department and employee. Upon certification for appointment to a new position never having been held by this employee, they will be subject to the a new probationary period provided in Article 4 of this MOU.
8.3.7.3. Status Upon Reemployment
Upon reemployment to the same position from which laid off or a position in which the employee held regular status, the employee will be returned to prior status regarding seniority, merit increases, probationary period, and unused sick and vacation leave.
8.4.7.4. Temporary Employment
A person on a laid off status may accept a temporary appointment without any effect on their reemployment status.
ARTICLE 9.ARTICLE 8. DISCIPLINE
9.1.8.1. Pre-disciplinary Rights
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.
An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:
(a) Notice of proposed discipline.
(b) Date(s) proposed discipline will be effective.
(c) Reasons for the proposed discipline, the specific grounds, and particular facts upon which the action is taken.
(d) The employee must be provided with any written materials, reports, and documents upon which the action is based.
(e) Ten (10) working days in which an employee or the employee representative may respond either orally or in writing to the department head.
9.2.8.2. Procedural Rights
(a) The department head upon authorization of the Director of Human Resources may place an employee on paid administrative leave pending the completion of the investigative or pre-disciplinary processes.
Attachment A
629
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 16 SCEA MOU 2026-2029
(b) Civilian bargaining unit employees Employees of the Police Department have all the procedural rights afforded by Government Code section 3508.1.
9.3.8.3. Disciplinary Appeal Options
The appointing authority may discharge, suspend, reduce in pay, or demote any employee in the classified service provided the Stockton Municipal Code, provisions and the rules and regulations of the Civil Service Rules and Regulations for Miscellaneous Employees, Commission and any applicable provisions of law are followed. These provisions allow the employee suspended, demoted, reduced in pay, or discharged to appeal the adverse action. The employee may take only one (1) of the following actions:
(a) File no appeal, in which case the adverse action will become final after the tenthten (10th) working day s following the employee’s receipt of the notification of the adverse action.
(b) File an appeal with the Civil Service Commission within ten (10) working days following the employee’s receipt of written notification of the adverse action. Filing an appeal with the Civil Service Commission bars use of grievance procedure contained in Article 10 to appeal the same adverse action. The appeal must be served by personal service, fax, electronic mail with delivery confirmation, or certified mail.
(c) File a grievance as provided for in Article 10 within ten (10) working days by personal service, fax, electronic mail with delivery confirmation or certified mail following the employee’s receipt of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed timeframes, these rights will have been waived.
ARTICLE 10.ARTICLE 9. GRIEVANCE PROCEDURES
10.1.9.1. 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.
9.2. Union Grievances
SCEA may file a grievance in its own name, without identifying an individual grievant, where the grievance concerns (i) a matter affecting the bargaining unit generally or (ii) a Attachment A
630
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 17 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
violation of union rights under this MOU. A grievance filed under this section shall be submitted in writing to the Director of Human Resources and shall state with particularity the specific provision alleged to have been violated, a statement of the facts comprising the violation, and the requested remedy. All other requirements and timelines of this Article apply.
10.2.9.3. Filing Deadline
(a) No grievance involving demotion, suspension, reduction in pay, 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 following the date on which the affected employee received written notification by certified mail or personal service of the adverse action.
(b) All other grievances must be filed within twenty (20) working days from the time the employee knew or had reason to know of the facts giving rise to the grievance. (c) By mutual written agreement of the Director of Human Resources and SCEA, the time limits contained in this grievance procedure may be extended or waived.
10.3.9.4. Grievance Processing
(a) Step 1—Departmental Review
Any employee claiming to have a grievance shall submit the grievance in writing to the employee’s direct supervisor. If the employee’s direct supervisor is unavailable or is the subject of the grievance, the employee shall submit the grievance to the department head. The department head shall post, or otherwise communicate in writing to all employees in the department, the name and contact information of the designated Step 1 recipient. If the grievance is not resolved within twenty (20) working days from the day of presentation, the procedures hereinafter specified may be invoked. 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 fifteen (15) working days from the day of presentation or if the employee elects to submit the grievance directly to SCEA, the procedures hereinafter specified may be invoked.
(b) Step 2—Director of Human Resources Review
(1) 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.
The grievance appeal from Step 1 must state with particularity:
Attachment A
631
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: J uly 1, 202 63 – June 30, 20262029
ADMINISTRATIVE, CLERICA L AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUN ICATORS UNIT
City of Stockton 18 SCEA MOU 2026-2029
a. The specific policy, rule or provision which is alleged to have been violated;
b. A statement of facts comprising the violation; and
c. The requested remedy.
(2) SCEA may file and process grievance(s) on behalf of the specifically named employee.
(3) The Director of Human Resources will have twenty (20) working days in which to investigate the issues and respond in writing to the appeal. (4) No grievance may be processed to Steps 3 and 4 that has not first been filed and investigated in accordance with this paragraph, unless the Director of Human Resources fails to respond within the twenty (20) working day limit.
(c) Step 3—Voluntary Mediation
The parties may mutually agree to the use of this Step prior to proceeding to Step 4, Binding Arbitration. Either party may with written notice within ten (10) working days of the decision of Step 2 invoke Step 3. Upon request for Step 3, the City will request a mediator from the State of California Mediation and Conciliation Services to review the grievance and make non-binding recommendations to assist the parties in resolving the grievance. The mediator will not provide any written documents and is limited to the restriction in Labor Code Section 65 and Attorney General opinions 51/183 and 68/77.
(d) Step 4—Binding Arbitration
If the grievant or SCEA is dissatisfied with the response at Step 2, or Step 3, if used, or if the Director of Human Resources fails to respond within the time limit, the matter may, within twenty (20) calendar days of the Step 2 response, 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 of California Mediation and Conciliation Services. The arbitrator will 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 will be shared equally by both parties. Each party, however, will bear the cost of its own presentation, including preparation and post hearing briefs, if any. Notwithstanding any contrary provision, SCEA must authorize in writing the advancement of all grievances to binding arbitration under Step 4 except those involving an individual employee demotion, suspension, reduction in pay, discharge, or other disciplinary action.
Attachment A
632
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 19 SCEA MOU 2026-2029
(e) Effect of Decision
Decisions of arbitrators on matters properly before them will be final and binding on the parties except as provided otherwise herein.
10.4.9.5. Scope of Arbitration
(a) No arbitrator will entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by SCEA and unless such dispute falls within the definition of a grievance as set forth in section 10.1. (b) Notwithstanding the provisions of section 10.4(a) of this MOU, proposals Proposals to add to or change this MOU or written agreements or addenda supplementary hereto will 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 will have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
(c) No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceeding hereunder) will be recognized unless agreed to by the City Manager and SCEA.
10.5.9.6. Other Provisions
(a) Complaints which allege the employee is not being compensated in accordance with the provisions of this MOU will be considered as grievances and processed pursuant to section 10.3. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum MOU which results from such meeting and conferring process will be deemed withdrawn until the meeting and conferring process is next open for such decision. Employees agree to diligently check paychecks for errors. Arbitration of disputes over compensation under the Fair Labor Standards Act (FLSA) or the California Labor Code is permissive rather than mandatory.
(b) Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.
(c) The grievant and employee-witnesses will be provided release time without loss of pay for all required meetings with management as well as for attendance at and participation in the arbitration hearing.
Attachment A
633
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 20 SCEA MOU 2026-2029
(d) The provisions of this Article will not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and /or Civil Service Rules and Regulations for Miscellaneous Employees, nor will it be administered in a manner which would abrogate any power which, under the Stockton Municipal Code and/or Civil Service Rules and Regulations, may be within the sole province and discretion of the Civil Service Commission.
(e) All grievances of employees in representation units represented by SCEA will be processed under this Article. If the Stockton Municipal Code and/or Civil Service Rules and Regulations for Miscellaneous Employees require that a differing option be available to the employeeprovide an alternative process or remedy for resolution of the dispute or appeal, the grievant may elect either that alternative process or this grievance procedure, but not both, no action under section 10.3(d) will be taken unless it is determined that the employee is not utilizing such option. (f) No action under section 10.3 will 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.
(g)(f) In the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City. If an arbitrator did not find just cause, any award by an arbitrator that 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
ARTICLE 11.ARTICLE 10. LEAVES
11.1.10.1. Vacation Leave
(a) Vacation Allowance
(1) Effective July 1, 2012, all full-time bargaining unit employeesEmployees, excluding Fire assigned to a fifty-six (56) hour workweek, will accrue vacation leave per pay period with pay in accordance with the following schedules:
FLSA Non-Exempt Employees (40-Hour Work Week):
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 3.08
Attachment A
634
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 21 SCEA MOU 2026-2029
Eighteen (18) or more but less than ninety
(90) 4.15
Ninety (90) or more but less than 180 5.54
180 or more but less than 300 7.27
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
Years of Continuous City Service Annual Vacation Allowance
1.5 years or less 80 hours
1.5 years to 7.5 years 108 hours
7.5 years to 15 years 144 hours
15 years to 25 years 189 hours
Over 25 years One additional 7-hour day for each
completed year of service in excess of
25 years (e.g. 26 yrs. equals 196 hrs., 27
yrs. equals 203 hrs., 28 yrs. equals 210
hrs., etc.)
FLSA Exempt Employees: (40-Hour Work Week):
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 4.62
Eighteen (18) or more but less than ninety
(90) 5.69
Ninety (90) or more but less than 180 7.23
180 or more but less than 300 8.81
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
Years of Continuous City Service Annual Vacation Allowance
1.5 years or less 120 hours
1.5 years to 7.5 years 148 hours
7.5 years to 15 years 188 hours
15 years to 25 years 229 hours
Over 25 years One additional 7-hour day for each
completed year of service in excess of 25
years (e.g. 26 yrs. equals 236 hrs., 27 yrs.
equals 243 hrs., 28 yrs. equals 250 hrs., etc.)
Attachment A
635
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: J uly 1, 202 63 – June 30, 20262029
ADMINISTRATIVE, CLERICA L AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUN ICATORS UNIT
City of Stockton 22 SCEA MOU 2026-2029
(2) Bargaining unit employees Employees scheduled to work less than full-time will receive vacation benefits on a proportional basis. (3) Bargaining unit employees Employees will accrue vacation on a per pay period basis.
(b) Vacation Leave Accrual for Fire Telecommunicators
(4) Effective July 1, 2012, Fire Telecommunicators assigned to a 56-hour workweek will accrue vacation leave with pay in accordance with the following schedule:
Years of Continuous City Service Annual Vacation Allowance
1.5 years or less 120 hours
1.5 years to 7.5 years 162 hours
7.5 years to 15 years 216 hours
15 years to 25 years 283.5 hours
Over 25 years An additional 10.5 hours for each
completed year of service in excess
of 25 years (e.g. 26 yrs. equals 294
hrs., 27 yrs. equals 304.5, 28 yrs.,
equals 315 hrs., etc.)
(c)(b) Maximum Vacation Accrual
Employees reaching the maximum hours will stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Effective July 1, 2012, the following maximum vacation accruals will take effect. For employees who on July 1, 2012 have vacation balances that exceed their maximum will have until June 30, 2013 to use sufficient vacation to satisfy the maximum allowed. If an employee does not satisfy the maximum by June 30, 2013, they will retain their existing earned vacation but will not earn any additional vacation until their vacation balance falls below the maximum vacation accrual allowed.
(d)(c) Maximum Vacation Accrual Caps
40-Hour Work Week Employee – FLSA Non-Exempt
Under 1.5 years 120 hours (15 days for 8-hour shift)
1.5 – 7.5 years 240 hours (30 days for 8-hour shift)
7.5 – 15 years 280 hours (35 days for 8-hour shift)
15 – 25 years 320 hours (40 days for 8-hour shift)
Attachment A
636
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 23 SCEA MOU 2026-2029
26 years 328 hours (41 days for 8-hour shift)
27 years 336 hours (42 days for 8-hour shift)
28 years 344 hours (43 days for 8-hour shift)
29 years 352 hours (44 days for 8-hour shift)
40-Hour Work Week Employee – FLSA Exempt
Under 1.5 years 200 hours (25 days for 8-hour shift)
1.5 – 7.5 years 320 hours (40 days for 8-hour shift)
7.5 – 15 years 360 hours (45 days for 8-hour shift)
15 – 25 years 400 hours (50 days for 8-hour shift)
26 years 416 hours (52 days for 8-hour shift)
27 years 424 hours (53 days for 8-hour shift)
28 years 432 hours (54 days for 8-hour shift)
29 years 440 hours (55 days for 8-hour shift)
For every year of service beyond twenty-nine (29), the employee is allowed to add an additional seven (7) additional hours are added to the maximum accrual cap. 56-hour Employee
Under 1.5 years 300 hours
1.5 – 7.5 years 360 hours
7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(e)(d) Vacation Scheduling
Vacation leaves will be scheduled so that they will not interfere with the normal operation of the City’s business and with due consideration for the wishes of the employee. Each Department will reduce its scheduling practice to writing and distribute to all employees within the unit.
(f)(e) Cash Payment Option Vacation Sellback
During the month of December, employees may make an irrevocable election to cash out up to thirty (30) 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.
Attachment A
637
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: J uly 1, 202 63 – June 30, 20262029
ADMINISTRATIVE, CLERICA L AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUN ICATORS UNIT
City of Stockton 24 SCEA MOU 2026-2029
An employee may elect to receive cash payment up to a maximum of forty (40) hours of their accumulated vacation balance effective for FY 2023/2024 and FY 2024/2025 only, and an employee may elect to receive a cash payment for a maximum of forty (40) hours of their 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.
(a) Vacation Cash Out Upon Separation
An eligible employee separating from City service for any reason who has unused vacation time will be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation will be made at the final straight time rate of pay. Payment for the unused vacation hours will 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.
11.2.10.2. Sick Leave
(a) Accrual
(1) All regular status full-time bargaining unit employees, except Fire assigned to a 56-hour workweek, will accrue sick leave at the rate of eight (8) hours for each month of completed service. (2) Fire assigned to a fifty-six (56) hour workweek will accrue sick leave at the rate of twelve (12) hours for each month of completed service.
(3)(2) All regular part-time bargaining unit employees will accrue sick leave on a prorated basis.
(4)(3) Unused sick leave will accumulate from year to year with no maximum accrual. Employees will continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee will not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
Attachment A
638
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 25 SCEA MOU 2026-2029
(b) Permitted Uses of Sick Leave
(5) Upon written request, employees will be entitled to use accrued paid sick leave when absent from work for diagnosis, care, or treatment of an existing health condition of the employee or a family member, as listed below, or one (1) person designated in writing by the employee for the calendar year, for preventive care (physicals, flu shots, etc.) of the employee or a family member, for an employee who is a victim of domestic violence, sexual assault or stalking to obtain relief, including medical attention and psychological counseling.
(6) Family member includes a child (a biological, adopted, foster, step, legal ward, or child to whom the employee stands in loco parentis without age or dependency status restrictions), parent (biological, adoptive, foster parent, stepparent, legal guardian or a person who was in loco parentis when the employee was a minor), parent-in-law (through a spouse or registered domestic partner), spouse, registered domestic partner, grandparent, grandchild, sibling, an employee’s legal guardian, a legal guardian of an employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child.
(c) Protected Nature of Family Sick Leave
In accordance with the Health Workplaces/Healthy Families Act of 2014 (HWHF) and “Kin Care” under Labor Code section 233, the City will not discharge, threaten to discharge, demote, suspend, or otherwise discriminate based on the use of paid sick days, for attempting to exercise the right to use paid sick days, or for filing a complaint or opposing any policy or practice prohibited by the HWHF or the Kin Care law.
(d) Reporting Procedures for Sick Leave
When the requirement for sick leave is known to the employee in advance of the absence, (for example, included but not limited to scheduled medical, dental or vision appointments), the employee will 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 will report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the workday, except for extenuating circumstances prohibiting giving notice.
Failure to notify as soon as possible and in conformity with the thirty (30) minute notification will be cause for the following disciplinary action:
Attachment A
639
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 26 SCEA MOU 2026-2029
(7) For the first time in a six (6) month period, a Memorandum of Discussion. (8) For the second time within a six (6) month period, a Letter of Reprimand. (9) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more incidents occur within a six (6) month period, the employee may be discharged.
The six (6) month period will be defined as six (6) months from the most recent incident.
Any Memorandum of Discussion or Letter of Reprimand regarding failure to notify the City as provided herein, which is more than twelve (12) months old, will be removed upon the request of the employee if no additional incidents occur during the twelve (12) months period.
(e) Eligibility Verification
(10) Before being paid for the use of accrued sick leave, the employee will submit a signed statement to the department head, on a prescribed form, stating the dates and hours of, and reason for, the absence. The employee is not required to provide protected health information to use sick leave.
When using family sick leave or Kin Care, the employee may be required to disclose the relationship to the employee to confirm eligibility. If an employee doesn’t return to work prior to the preparation of the payroll, other arrangements may be made with the department head.
(11) Doctor’s Certificate or Other Proof. The employee’s department head may require a doctor’s certificate or other reasonable proof of illness as they deem necessary for an employee to receive an excused absence from work and sick leave pay. The employee will 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) consecutive work days or more, a doctor’s certificate, or other reasonable proof of illness may be required including a return-to- work medical certification prior to employee’s return to duty. 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. Department heads will give their employees the benefit of the doubt and will not frequently or arbitrarily request doctor’s notes for routine personal illness, recognizing a Attachment A
640
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 27 SCEA MOU 2026-2029
considerable amount of time and expense is required to attend a medical visit to obtain a doctor’s note for work.
The employee’s department head may make such sick leave usage reviews and may reasonably require documentation to verify the need for the leave before approving the sick leave benefit.
(12) If the City has a reasonable basis to believe that an employee is misusing paid sick leave, before proposing any formal discipline the City or the employee’s supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed misuse, and 2) discuss the reasons for the employee’s absence. The employee has the right to SCEA or other representation at such meeting. The employee is not required to provide protected health information to use sick leave. The City will comply with the HWHF when determining whether any proposed formal discipline is justified.
(f) (Use of Sick Leave While on Vacation
An employee who becomes injured or ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(13) Was hospitalized during the period for which sick leave is claimed, or (14) 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 accumulated or future accruals of sick leave will have no cash value upon separation of employment and employees will not be allowed to cash out unused sick leave except as provided below. (h) CalPERS Service Credit for Unused Sick Leave.
Employees will 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 will not be eligible for this service credit.
(i) Sick Leave Retention Benefit
After subtracting the equivalent of one full year of service credit (2,080 hours), which may be applied to CALPERS service credit, any balance remaining upon Attachment A
641
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 28 SCEA MOU 2026-2029
separation will be paid as follows to employees who have remained in City service until the dates specified:
Separation prior to July 1, 2014, no payment of unused sick leave at separation will occur for separating employees before this date; Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012 will be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012 will be paid at fifty percent (50%) of its cash value to separating employees after this date.
Service credit for unused sick leave will be in accordance with PERS regulations.
11.3. Other Leaves With pay
11.4.10.3. Bereavement Leave
(a) In the event of a death in theof an immediate family of an employeemember, the employee shall, upon request,will be granted up to three five (35) days bereavement leave with pay without charge to 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 of bereavement leave. which shall be charged against the employee’s accumulated sick leave or vacation leave. For the purposes of this paragraph, the immediate Immediate family shall bis restricted to the employee’s parents, spouse, mother-in-law, father-in-lawparent-in-law, child, son-in-law, daughter-in-law, stepchild, brother, sistersibling , brother-in-law, sister-in-law, grandparent, grandchild, and registered domestic partner. (b) In the event of the death of a person not immediately related to an employee as defined abovethat 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 the employee’s must use accumulated sick leave or annual vacation leave.
(c) Bereavement Leave will not be counted against the employee under the City’s absence control policy when evaluating the employee’s work performance.
Attachment A
642
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 29 SCEA MOU 2026-2029
11.5.10.4. Jury Duty Leave
When an employee is summoned to jury duty they will promptly inform their supervisor and, if required to serve, may be absent from work without loss of wages or use of accrued leave while rendering such service (including travel time). Jury fees received by an employee, if any, will be remitted to the City within fifteen (15) days after they are received, exclusive of any meal, expense, and/or travel reimbursements. Upon being excused from the court each day, the employee must return to work if they have more than four (4) hours remaining before the end of their workday. Jury duty leave will be considered time worked for pay and overtime calculation purposes.
11.6.10.5. Court Leave
Time spent by a bargaining unit employee traveling to/from and attending or appearing in any court or tribunal for any civil or criminal matter as a non-party witness where the employee’s attendance results from performance of their official duties as a City employee will beis considered time worked. Time spent by a bargaining unit employee traveling to/from and attending or appearing in any court or tribunal for any civil matter as a defendant, respondent, or co-defendant with the City of Stockton arising from the employee’s official duties as a City employee will be considered time worked. Employees assigned to the Police Department who report to Court on a regularly scheduled day off will be compensated at a minimum two (2) hours and forty-five (45) minutes, pursuant to section 15.4.
10.6. Leaves Reopener
The City of Stockton and SCEA will continue to meet and confer over a citywide legally protected leaves policy.
(d) Military and Military Spouses Leave
(1) The City of Stockton complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the California Military and Veteran’s Code. Nothing contained herein is intended to limit or abrogate rights guaranteed under USERRA or the Veteran’s Code.
(2) An employee of the City who is a member of the National Guard, Naval Militia, and a member of the reserve corps or force of the Federal Military, Naval, or Marine Service and is ordered to duty will be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.
Attachment A
643
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 30 SCEA MOU 2026-2029
(3) Additionally, qualified bargaining unit employees will be given up to ten (10) days leave during that time in which the employees spouse or domestic partner is on leave from deployment in a combat zone with the active duty or reserve military or national guard during a period of military conflict. Employees may use accrued vacation time to cover this absence. If the employee has no accrued vacation, the employee must request time off without pay. Qualifying employees are employees who work an average of twenty (20) hours per week and have a spouse or domestic partner who is serving as: (i) a member of the U.S. Armed Forces and who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States; or (ii) a member of the Armed Forces Reserve Components or the National Guard and has been deployed during a period of military conflict. Qualifying employees who wish to request this leave must provide the department with a written request for such leave within two (2) business days of receiving official notice that the military spouse or domestic partner will be on leave from deployment. The employee must also provide written documentation to the department certifying that the military member will be on military leave from deployment.
(4) All regular status employees in the service of the City will 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 will 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.
(5) In the case of a probationary employee having served a minimum probationary period of six (6) months at the time of induction, it will be optional for the department head and the City Manager to grant regular status to said employee before induction.
(6) All probationary employees inducted into Military Service not having served the minimum probationary period of six (6) months, or having served the minimum probationary period of six (6) months, but not having received regular status will be allowed leave of absence without pay for the duration of a national emergency, but said employees will 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 will serve the balance of their probationary period before attaining the status of a regular employee. (7) Two (2) or more regular status employees granted military leave of absence without pay from the same position will be reemployed according to their seniority of employment providing they are physically fit as above specified.
Attachment A
644
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 31 SCEA MOU 2026-2029
(e) Parental Participation in Children’s School Activities (1) A parent or guardian of a child or children enrolled in kindergarten through grade 12, or attending a licensed day care facility, may take up to forty (40) hours each year off work (not to exceed eight (8) hours in any calendar month) to participate in the activities of the school or licensed child day care facility. The employee should provide as much advance notice as reasonably possible to the City of the planned absence. The employee must use vacation, compensatory, or holiday leave. If requested, the employee must provide documentation from the school verifying the date and time the parent participated in school activities. (2) A parent or guardian required by the school to attend a hearing regarding the suspension or expulsion of a child will be permitted to attend the meeting. The employee must provide advance notice and may use accrued vacation, compensatory, or holiday leave.
11.7.10.7. Workers’ Compensation Leave
(a) Workers’ Compensation Benefits will be provided in accordance with State law and schedules whenever an employee is absence from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers’ Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck. (b) Forms and Procedures
Workers’ Compensation processing will be consistent with City procedures and in accordance with state Workers’ Compensation regulations. Any employee who sustains a work-related injury or illness will 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 healthcare practitioner 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.
11.8.10.8. Leave of Absence Without Pay
(a) Entitlement
Employees will not be entitled to a 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 the employee intends to return to Attachment A
645
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 32 SCEA MOU 2026-2029
work upon the expiration of the leave of absence. The granting of a leave of absence provides the employee the right to return to the position vacated. (b) Approval
All leave without pay must be recommended by the department head and approved by the Director of Human Resources. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service or in the event an application for service-connected disability retirement has been filed.
Leaves of absence without pay may only be approved following the expiration of entitlement of sick leave and vacation.
(c) An employee on a leave of absence without pay has an option to participate in the Health benefits plan by monthly prepayment of the required premium to the City. (d) Maternity/Pregnancy/Paternal/Adoption Leave
Family medical leave will be in accordance with the Family Medical Leave Act (“FMLA”) of 1993, the California Family Rights Act (“CFRA”), or Pregnancy Disability Leave (“PDL”) and/or other applicable state and federal laws, all as amended. Consistent with City policy and state and federal law, employees may be required to utilize accrued sick and/or vacation leave during unpaid leaves in certain circumstances.
11.9.10.9. 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 cancelled, or at the expiration of a leave, will be considered an Absence Without Official Leave.
(b) Voluntary Resignation
Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as reasonably determined by the Director of Human Resources will be deemed to have voluntarily resigned from the City. An employee must provide a written statement to the Human Resources Department regarding a “satisfactory explanation,” within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee’s last known address.
Attachment A
646
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: J uly 1, 202 63 – June 30, 20262029
ADMINISTRATIVE, CLERICA L AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUN ICATORS UNIT
City of Stockton 33 SCEA MOU 2026-2029
ARTICLE 12.ARTICLE 11. DAYS AND HOURS OF WORK
12.1.11.1. Workweek
(a) The normal workweek for employees in this unit consists of a “5/40” work schedule (i.e. five (5) consecutive eight (8) hour workdays for a total of forty (40) hours in a seven (7) day work period) or a “9/80” work schedule (i.e. eight (8) nine (9)-hour workdays plus one (1) 8-hour workday consisting of eighty (80) hours worked in a fourteen (14) days; the seven (7) day work period on the 9/80 schedule is defined as mid-shift Friday to mid-shift Friday). Where operational requirements of a department require deviations from the present schedule, the department head with concurrence of the Director of Human Resources and the approval of the City Manager, may institute alternate work schedules provided that such schedules conform to work period requirements of Fair Labor Standards Act and the City meets and confers with SCEA concerning the proposed schedule change(s) before implementation.
(b) Employees occupying part-time positions will work such hours and schedules as the department head will prescribe.
(c) Telecommunications Personnel assigned to the Fire Department will work an average of fifty-six (56) hours in a seven (7) day work period.
12.2.11.2. Meal Periods and Rest Periods
(a) Employees will receive a one (1) hour or a thirty (30) minute meal period without pay each day and a fifteen (15) minute paid rest period during the first half of the workday and a second fifteen (15) minute paid rest period during the second half of the workday. Bargaining unit employees Employees will be completely relieved of duty during the unpaid meal periods. Employees who exceed the time limits prescribed above for lunch and/or rest periods will have their pay reduced accordingly.
(b) Notwithstanding paragraph (1) above, Police and fire and Fire Telecommunicators and Fire Telecommunicators , Code Enforcement Officers, Police Records Assistants, Community Service Officers, and Evidence Technicians may be relieved from duty and receive a paid meal period with written approval from the Chief’s Office. Employees in the classifications above who receive written approval for paid meal periods are expected to stay at the worksite or otherwise remainand be available to work during the meal period when needed , as applicable to the nature of their assignment.
Attachment A
647
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 34 SCEA MOU 2026-2029
12.3.11.3. Hourly Employees
(a) Employees working nineteen and one- half (19.5) hours a week or less (substitutes), may only work a total of 1,014 hours or less during any twelve (12) month period.
(b) SCEA will be provided with a listing of all nineteen and one-half (19.5) hours or less employees related to classifications within this bargaining unit. This listing will be provided quarterly.
(c) Overtime will not be worked by nineteen and one-half (19.5) hour or less employees (substitutes), if full-time or regular part-time employees are available for such overtime work.
12.4.11.4. Regular Part-Time Employees
(a) Regular part-time employees (those employees regularly scheduled to work 20 hours or more per week) will be provided prorated sick leave and vacation benefits according to existing practice; will be eligible to participate in health and welfare benefits on a prorated basis according to provisions of this MOU and will receive merit increases based upon the proration of time worked to the total hours in a full year of employment.
(b) The City will not employ hourly personnel in order to reduce the number of regular part-time employees which existed at the execution of this MOU.
12.5.11.5. Job Sharing
(a) Any two regular status full-time employees within the same department holding positions in the same classification may petition their department head in writing to allow them to share one (1) of said positions.
(b) The approval of a job share position will be at the sole discretion of the City and must be approved in writing by the Director of Human Resources prior to implementation. The entrance into and termination of such job sharing will be at the sole discretion of the City.
(c) Employees who request and have approved job-sharing arrangements will be entitled to the rights and benefits which accrue to regular part-time employees.
12.6.11.6. Reporting to Work
(a) Repeated failure to report to work on time may result in appropriate discipline as set forth below:
Attachment A
648
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 35 SCEA MOU 2026-2029
(1) For the first time in a six (6) month period, a Memorandum of Discussion. (2) For the second time within a six (6) month period, a Letter of Reprimand. (3) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more incidents occur within a six (6) month period, the employee may be discharged.
(b) If an employee reports to the worksite after the designated starting time, the employee will be paid only for time actually worked; however, the employee may be allowed to utilize vacation leave for lost pay, provided the employee’s supervisor approves.
(c) Any Memorandum of Discussion or Letter of Reprimand regarding tardiness which is more than eighteen (18) months will not be considered in any subsequent discipline.
12.7.11.7. Shift Bidding
Employees in the Police Department who work on a twenty-four (24) hour shift schedule will be allowed to bid on shift preference on the basis of seniority within class. The shift selected in this manner will remain in effect for twelve (12) months, except in cases of emergency or workload requirements.
ARTICLE 13.ARTICLE 12. OVERTIME
13.1.12.1. Overtime Authorization
All compensable overtime must be authorized by the department head or their designated representative in advance of the overtime 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.
13.2.12.2. Definition
The following provisions pertaining to authorized or statutorily required overtime work will apply to FLSA non-exempt employees:
(a) Unless otherwise provided below, statutory overtime will be paid on actual time worked in excess of forty (40) hours in any seven (7) day FLSA work period. Such overtime will be paid at time one and one-half (1½) times the employee’s regular rate of pay. including employees employed on a per hour or per day basis or except as provided elsewhere herein. Observed holidays, vacation, floating holidays, jury duty leave, bereavement leave, and sick leave hours taken will beare considered Attachment A
649
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 36 SCEA MOU 2026-2029
as time worked. Vacation, or other compensated time off will not be considered as actual time worked for overtime calculation purposes.
(b) Except Fire assigned to a fifty-six (56) hour workweek and bargaining unit employees working an alternative work schedule, all time worked in excess of forty (40) hours per seven (7) day workweek will be compensated at the overtime rate.
(c) Fire work twenty-four (24) hour shifts, resulting in a regular schedule averaging 2912 hours per year / 56 hours per week (832 hours of overtime).
In approximately year 2000, the parties agreed to add the regularly scheduled FLSA overtime pay into the base, in order to ensure a regular and level payment of overtime over the course of a year. This methodology withstood a legal challenge in Hughes, et al. v. City of Stockton, et al. For additional overtime hours, the City will pay overtime at one and one-half (1½) time the employee’s regular rate of pay for all hours worked over fifty-six (56) in a workweek. (d) Except as otherwise provided in section 14.2, bargaining unit employees who are not regularly scheduled to work holidays will be paid for a regular day plus time and one-half (1½) for actual time worked on a holiday observed by the City. (e) Police and Fire will be compensated for work on holidays as set forth in section
14.2. (f) When the City Manager has declared a state of emergency and such action is approved by the City Council, time worked by employees will be paid for at their straight time. Work in excess of forty (40) hours in any workweek will be paid at time and one-half (1½).
(g)(b) Fire Telecommunication employees who have traded their normal work shift with another employee are not eligible for overtime for the hours that were their normal hours of work. Shift trades will be cancelled if an employee is required to work mandatory overtime.
13.3.12.3. 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.
Attachment A
650
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 37 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
13.4.12.4. Rest Period During Overtime
After each three (3) hour segment of overtime contiguous to a regular shift, an employee will be granted a fifteen (15) minute paid rest period.
13.5.12.5. Compensatory Time Off (CTO)
(a) Definition
As used in this MOU, the term Compensatory Time Off (CTO) refers to that time which an employee is entitled to be absent from duty with pay for time worked in addition to or excess of their normal work schedule they have earned under section
13.2 (a).is paid time off earned and accrued by an employee for overtime worked, in lieu of immediate cash overtime compensation.
(b) CTO in Lieu of Overtime Compensation
Except for Fire assigned to a 56-hour workweek, bargaining unit employees Employees may voluntarily elect to receive overtime compensation in the form of CTO at a rate of one and one-half (1½) hours of CTO for each hour of overtime they have earned per section 13.2 (a).
(c) Use
Use of CTO will 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 CTO will be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Maximum Accrual
No more than eighty (80) hours of CTO may be carried on the booksaccrued at any time, except Fire assigned to a 56-hour workweek who may not accrue CTO. Once the maximum number of CTO is accrued, all further overtime worked will automatically be paid to the employee. At the end of each calendar year, all CTO will be carried forward, unless the employee elects to have some or all of the compensatory balance paid. Carryover CTO Time cannot exceed the CTO accrual maximum.
(e) Elimination of CTO for Fire
Effective January 1, 2009, Fire assigned to a 56-hour workweek will no longer accrue or use CTO and will be paid at their regular rate of pay for all accrued and unused CTO hours on or about January 7, 2009; provided, Attachment A
651
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 38 SCEA MOU 2026-2029
however, any Fire Telecommunicator having any approved leave request(s) for CTO for time off work through January 31, 2009, will be permitted to use the approved CTO leave.
13.6.12.6. Exempt Status of Classifications
The parties have agreed that the classifications listed in Appendix “A” are exempt from overtime as provided by the Fair Labor Standards Act and will beare considered Exempt in the City’s pay policies and for the accrual of vacation.
ARTICLE 14.ARTICLE 13. HOLIDAYS
14.1.13.1. Qualifying for Holiday Pay
All regular status employees will be entitled to take the holiday benefit on full pay not to exceed the employee’s regular work dayworkday for any one (1) holiday. For an employee working on a 4/10, 9/80 or 12-hour work dayworkday plan, holidays will be paid equivalent to the employee’s regularly scheduled work hours (e.g., 9 hours for 9-hour day or 8 hours on an 8-hour day on the 9/80 schedule, or 12 hours of holiday pay for 12-hour shift.)
14.2.13.2. Holidays Observed by the City
(a) Effective upon the first full pay period following ratification of this MOU by SCEA Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees Employees will receive the following holiday on full pay for each of the below listed holidays. Unless otherwise provided in this section, the City observes the following holiday on the dates indicated:
Observed Holiday
(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 Day
(6) Last Monday in May Memorial Day
(7) July 4 Independence Day
(8) First Monday in September Labor Day
(9) Second Monday in October Columbus DayIndigenous
Peoples Day
(10) November 11 Veteran’s Day
(11) Fourth Thursday in November Thanksgiving
(12) The Friday after Thanksgiving
(13) December 25 Christmas Day
Attachment A
652
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 39 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
(14) Birthday Holiday
(b) For employees on a Monday through Friday workweek, if holidays fall on a Sunday, the following Monday will be observed. If holidays fall on Saturday, the preceding Friday will be observed.
(c) For employees in the Police Department on a shift schedule, holidays will be observed on the actual holiday.
(d) In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
13.3. Modification of Observed Holidays
The parties agree to eliminate Lincoln’s Birthday and Washington’s Birthday as recognized holidays and to add Presidents’ Day and Juneteenth as recognized holidays, effective upon agreement to the same holiday changes with the B&C, O&M, T&M, and Water Supervisory Units. No change will be implemented under this provision until agreement has been reached with all identified units.
13.4. Floating Holidays
Employees accrue two (2) workdays of Floating 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 time rate of pay. must be used by December 31st 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 31st).
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.
As set forth in section 13.2, subdivision (d), above bargaining unit employees who are not regularly scheduled to work holidays will be paid for a regular day plus time and one-half (1½) for actual time worked on a holiday observed by the City.
13.5. Birthday Holiday
In 2026, all employees (including Police and Fire and Fire Telecommunicator Call Takers) who have not already used their birthday holiday leave will accrue one (1) workday of floating holiday hours upon the effective date of this MOU.
Attachment A
653
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 40 SCEA MOU 2026-2029
13.6. Holiday in Lieu
Police Telecommunications and Fire classifications in the police department that are assigned to shifts (phase days), and Fire Telecommunications are in positions that are scheduled to work without regard for the holidays listed above. These employees receive holiday-in-lieu in the amount of five and a half percent (5.5%) of their base hourly rate of pay in lieu of receiving any other form of holiday compensation.
All regular status employees in positions allocated to the Police Department who are assigned to shifts (phase days) will receive, in addition to their normal compensation, one workday’s worth of pay for each of the holidays listed in section 14.2, on which the employee does not work. Such employees required to work a holiday on a hire-back basis, will be compensated at time and one-half (1-½), in addition to their normal compensation and paid holiday. Such employees required to work a holiday on a regularly scheduled basis will be compensated at time and one-half (1-½) overtime in addition to their normal compensation.
(c) Fire assigned to a fifty-six (56) hour workweek will receive, in addition to their normal compensation, twelve (12) hours pay for each of the holidays listed in section 14.2 above.
(d) For bargaining unit employees on a Monday through Friday workweek, if holidays fall on a Sunday, the following Monday will be observed. If holidays fall on Saturday, the preceding Friday will be observed.
(e) For bargaining unit employees in the Police Department on a shift schedule, holidays that fall on Saturday or Sunday will be observed on Saturday or Sunday respectively.
14.3.13.7. Fixed Holidays for Library Service Division Employees All regular status employees in positions allocated in the Library Services Division of the Community Services Department will be allowed to take “fixed holidays” observed by the City, listed under section 14.2(a) of this MOUholidays , that occur on a Monday as a “floating holiday.” The day off must be scheduled with a supervisor and taken within fourteen (14) calendar days on or after the date of the fixed observed holiday. (g) In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
14.4.13.8. Compensation for Holidays Not Worked
An employee who takes a holiday off on a normally scheduled workday will receive a regular work dayworkday worth of holiday pay at their regular straight time rate of pay , Attachment A
654
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 41 SCEA MOU 2026-2029
Term: J uly 1, 202 63 – June 30, 20262029
ADMINISTRATIVE, CLERICA L AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUN ICATORS UNIT
and the holiday hours count as time worked for FLSA overtime calculation purposes .
A holiday that falls on an employee’s normally scheduled I day off will receive a regular work dayworkday worth of holiday pay at their regular straight time rate of pay., however the holiday hours will not be counted as time worked. If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s normal work day).
14.5.13.9. Compensation for Holidays Worked
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 time and one half of their regular rate of pay, 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). Prior approval for holiday work must be secured from the department head or designee.
ARTICLE 15.ARTICLE 14. CalPERS Retirement Contribution Supplement
14.1. Tier 1 – For Employees Hired before December 29, 2012 Employees hired before December 29, 2012, receive the 2% at 55 CalPERS formula with the one (1) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
Section 21024 Military Service Credit as Public Service Section 21027 Military Service Credit for Retired Persons Section 20965 Credit for Unused Sick Leave
Section 21574 Fourth Level of 1959 Survivor Benefits
Section 21335 5% Annual Cost of Living Allowance Increase
14.2. Tier 2 – For Employees Hired after December 28, 2012 Employees hired after December 28, 2012, who are classified as a “Classic” member receive the 2% at 60 CalPERS formula with the three (3) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
Attachment A
655
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 42 SCEA MOU 2026-2029
Section 21574 Fourth Level of 1959 Survivor Benefits
2% Annual Cost of Living Allowance Increase
14.3. Tier 3 PEPRA – For Employees Hired after December 31, 2012 Employees hired after December 31, 2012, who are not classified as a “Classic” member receive the 2% at 62 CalPERS formula with the three (3) year final average compensation period. These employees pay one-half of the total normal cost as determined annually by CalPERS on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
Section 21574 Fourth Level of 1959 Survivor Benefits
2% Annual Cost of Living Allowance Increase
15.1 Retirement Contribution Supplement
(a) Effective August 1, 2011, employees will pay the entire seven percent (7%) employee contribution to the California Public Employees Retirement System (CalPERS). (b) For employees hired on or before December 28, 2012, the City’s CalPERS retirement plan was modified to reflect two percent (2%) at age fifty-five (55), effective January 1993.
(c) For employees hired on or before December 28, 2012, the City’s CalPERS retirement plan was modified to reflect Section 21024 (Military Service Credit as Public Service) and Section 21027 (Military Service Credit for Retired Persons) of the California Government Code, pursuant to Ordinance Number 009-93 adopted by the City Council on May 13, 1993.
(d) For employees hired on or before December 28, 2012, the City will continue to provide CalPERS California Government Code Section 20692 (Employer Paid Member Contributions as Compensation), except employees not eligible for EPMC when an employee is paying the employee contribution.
(e) For employees hired on or before December 28, 2012, the City will continue to provide CalPERS California Government Code Section 20965 (Credit for Unused Sick Leave) as added CalPERS benefits, pursuant to Ordinance Number 016-97 adopted by the City Council on June 23, 1997.
(f) For employees hired on or before December 28, 2012, the City will continue to provide CalPERS California Government Code Section 21335 (5% Annual Cost of Living Allowance Increase) as added CalPERS benefits, which was effective upon adoption by Attachment A
656
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 43 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
the Stockto n City Council an d CalPERS Administrati on Board. Th e intended implementation date base year was 2001.
(g) PERS Benefits for Employees hired on or after December 29, 2012 (1) Employees with Reciprocity:
Employees hired on or after December 29, 2012, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and considered classic employees by PERS AB 340, will 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 will pay the entire employee contribution of seven (7%) percent to the California Public Employees Retirement System (CalPERS). (2) Employees without Reciprocity:
Employees hired on or after January 1, 2013, will 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 will pay fifty percent (50%) of the City normal cost rate for the two percent (2%) at-sixty-two (62) as determined by CalPERS.
(h) The City will continue to provide CalPERS California Government Code Section 21574 (Fourth Level of 1959 Survivor Benefits) as added PERS benefits, pursuant to Ordinance Number 016-97 adopted by the City Council on June 23, 1997.
ARTICLE 16.ARTICLE 15. MISCELLANEOUS PAY PROVISIONS
16.1.15.1. Uniform Allowance
Effective July 1, 2024, bargaining unit employees in the following classifications who are required toEmployees are required to wear uniforms will be paidand receive an annual uniform allowance of one thousand dollars ($1,000.00), one-half payable in April and one- half payable in Octoberthirty-nine dollars and forty-two cents ($39.42) per pay period:
(1) Fire Telecommunicator I/II;
(2) Fire Telecommunicator Call Taker;
(3) Police Records Assistant (I/II/III);
(4) Police Telecommunicator (I/II); and
(5) Police Dispatch Call Taker.
(b) Effective July 1, 2024, bargaining unit employees in the following classifications who are required to wear uniforms will be paid an annual uniform allowance of one Attachment A
657
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 44 SCEA MOU 2026-2029
thousand twenty-five dollars ($1,025.00), one-half payable in April and one-half payable in October:
(6) Animal Services Assistant;
(7) Animal Services Officer;
(8) Community Service Officer;
(9) Evidence Technician;
(10) Fire Prevention Inspector;
(11) Mail Courier;
(12) Parking Violations Deputy;
(13) Property Clerk;
(14) Senior Animal Services Officer;
(15) Senior Evidence Technician;
(16) Vehicle Abatement Specialist; and
(17) Any other bargaining unit employee required by the City to wear a uniform in the course and scope of employment.
16.2.15.2. Standby Duty Pay
Employees assigned to standby duty will be paid three dollars ($3.00) per hour while assigned to be on standby. Each employee so assigned to "standby" is required to carry a mobile phone or other agreed upon communication device while on standby. Standby will be assigned based on departmental policy. , and the City agrees to meet with SCEA regarding standby department policies. An employee will earn time and one-half (1-½) for all actual time worked while on standby duty status only if eligible for overtime as defined in section 13.2 above. An employee will not continue to receive the “standby” premium during actual time worked, or for any hours paid as overtime or call back. Standby will is not be considered as time in “paid status because of work performed”worked for purposes of calculating overtime.
16.3.15.3. Call-Back Pay
When an overtime eligible employee is called back to physically return to work from off duty status, the employee will be compensated for a minimum of two (2) hours and forty-five (45) minutesthree (3) hours of pay at time and one-half (1-½) or actual time worked at time and one-half (1-½), if eligible for overtime as defined in section 13.2 above, whichever is greater . An employee may elect compensatory time off (CTO) in lieu of payment for overtime consistent with the provisions set forth in section 13.4.
When authorized by the department, overtime eligible employees who are contacted and who provide remote support via telephone, Internet, or network connection will be paid time and one-half (1-½) for time worked in fifteen (15) minute intervals , if eligible for overtime as defined in section 13.2 above . Intervals cannot be compounded or overlapped.
Attachment A
658
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 45 SCEA MOU 2026-2029
To be eligible for call-back pay, both of the following conditions must be met:
(a) The call-back must occur outside of the employee’s regular work hours; including overtime.
(b) The call-back time worked must not be contiguous to the employee’s regular work hours; including overtime.
(c) An employee is ineligible to receive a premium for both standby and call back. For example, employee will not receive standby pay for hours in which they are on paid overtime or call back pay.
16.4.15.4. Employee Educational Assistance
The City may reimburse employees for job related coursework which has been reviewed by the employee’s supervisor and approved by the employee’s department and the Human Resources Department.
16.5.15.5. Mileage Expense Reimbursement
The City will reimburse bargaining unit employees, at the current Internal Revenue Service rate, to all employeesfor utilizing their personal vehicles for City business for travel, which qualifies under the City Manager’s Administrative Directive and for other related travel expenses which qualify under the City Manager’s Administrative Directive.
16.6.15.6. Voluntary Court Standby
Bargaining unit employees Employees who voluntarily place themselves on standby for work-related court appearances will receive one (1) hour at the regular rate of pay for the a.m. and, if required to remain on standby, one (1) additional hour at the regular rate of pay for the p.m.
16.7.15.7. Bilingual Pay
Effective July 1, 2024, job positionsClassifications determined by the department head requiring bilingual translation skills will receive a stipendbilingual pay in the amount of one hundred and sixty dollars ($160.00) per monthseventy-three dollars and eighty-five cents ($73.85) per pay period for verbal translation skills, or two hundred and twenty dollars ($220.00) per monthone hundred and one dollars and fifty-four cents ($101.54) per pay period for verbal and written translation skills . Employees must be upon testing and certification certified by the Human Resources Department to qualify for bilingual pay.
Attachment A
659
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 46 SCEA MOU 2026-2029
16.8. Emergency Medical Services (EMS) Dispatcher Accreditation Pay (a) The City and SCEA acknowledge that California Health and Safety Code Section 1797.220 directs the local emergency medical services (EMS) agency to establish policies and procedures to assure medical control of the emergency medical system.
(b) The City and SCEA acknowledge that as of July 1, 2008, the San Joaquin County EMS Agency requires all employees of agencies providing emergency medical dispatch (EMD) services to possess and maintain accreditation through San Joaquin County, to include compliance with EMS Agency and National Academies of Emergency Dispatch (NAED) policies, procedures, protocol, and standards. Fire are among those employees represented by SCEA who must acquire and maintain accreditation by the San Joaquin County EMS Agency as a condition of providing EMD services for the City.
(c) The City and SCEA acknowledge that in the event the San Joaquin County EMS Agency rescinds the certification of any bargaining unit employee as a result of any dispute arising from the exercise of the power set forth in San Joaquin County EMS Agency Policy No. 2101 (or any successor or similar policy), the City will make every effort, insofar as practicable and fiscally responsible, to employ such persons in positions for which such employees are qualified or may become qualified within a reasonable period of time and that do not require accreditation by the San Joaquin County EMS Agency.
(d) Emergency Medical Services (EMS) Dispatcher Accreditation Pay. Effective July 1, 2023, the City will compensate all bargaining unit Fire and Fire Telecommunicator Call Takers who are accredited as San Joaquin County Emergency Medical Services Dispatchers an additional one-hundred seventy-five dollars ($175.00) per month. Effective July 1, 2024, the City will compensate all bargaining unit Fire and Fire Telecommunicator Call Takers who are accredited as San Joaquin County Emergency Medical Services Dispatchers an additional two hundred dollars ($200.00) per month. If the employee fails to maintain the accreditation or if the accreditation is no longer required for the position, payment of the stipend will cease. (e) Continuing Education for Emergency Medical Dispatchers. The City will provide to Fire all necessary EMD continuing education during normal working hours and at no cost to the employee. However, employees who do not participate in the EMD training offered by the City during normal working hours will be responsible to complete the necessary continuing education on their own time without additional compensation; provided, however, that all necessary ride-along hours will be compensated as time worked.
Attachment A
660
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 47 SCEA MOU 2026-2029
16.9.15.8. Safety Protective Footwear ReimbursementAllowance Effective July 1, 2024, employees Employees required to wear safety protective footwear in accordance with City Manager’s Administrative Directive HR-34are listed in Appendix “B” Safety Protective Footwear, and approved forand will receive a safety protective footwear reimbursementallowance, the City will authorize safety protective footwear reimbursement in the amount of eleven dollars and fifty-five cents per pay periodtwo hundred fifty dollars ($250.00) as needed and approved by the employee’s supervisor and department head. The list of classifications and or positions that are required to wear protective footwear is included in the Administrative Procedure and may be amended from time to time to reflect changes in the classifications required to purchase footwear.
16.10.15.9. Animal Services Protective Equipment and Vaccinations (a) The City will provide at no cost to employees working in Animal Services having contact with animals, Kevlar protective sleeves to prevent animal bite injuries. (b) The City will provide at no cost to employees working in Animal Services having contact with animals, the option to receive rabies vaccinations. Such vaccinations will be arranged to occur on duty without loss of pay to the employee.
16.11.15.10. Grandfathered Longevity Pay
Employees hired before July 1, 2011, who by July 1, 2011, attained twelve (12) years of continuous employment with the City receive Longevity Pay in the amount of one and one quarter percent (1.25%) of their base rate of pay. The City agrees to restore longevity pay of 1.25% for employees who had achieved twelve (12) years of service on or before July 1, 2011.
ARTICLE 17.ARTICLE 16. INSURANCE PLANS
17.1.16.1. Reopener Clause for Health Insurance
(c) (a) SCEA 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).
(a) If the City’s general fund revenue forecast exceeds three hundred and eighty million dollars for fiscal year 2028/29, The the City agrees will at SCEA’s request to meet and confer regarding employer benefits and premium contributions should medical, dental, and vision insurance premiums for employee-only, employee plus one (1) dependent, or employee plus family increase by more than four percent (4%) in any one plan year 2029.
Attachment A
661
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 48 SCEA MOU 2026-2029
17.2.16.2. Health, Dental, Vision, and Prescription Benefits (a) Choice of Health Plans
Employees in this bargaining unit will 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. The City will offer two (2) or more medical plans to regular status employees.
(b) Eligibility
Employees will 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, 2023, the City will contribute:
Up to $711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
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 the following:
Up to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage. Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(1) Effective July 1, 2025, tThe City shall contribute the following:
Attachment A
662
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 49 SCEA MOU 2026-2029
a) Up to $ 740.00936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b) 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.
c) 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 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.
a)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) Effective January 1, 2029, the City contributes the following:
a) Up to $1,012.88 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b) 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.
Attachment A
663
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 50 SCEA MOU 2026-2029
c) 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.
These contributions are based on full-time employment; regular part-time employees will receive a prorated contribution based on their percentage of full-time employment.
Insurance plan premiums that exceed the City’s monthly contribution will be paid by the employee through payroll deductions. The City will maintain its IRS 125 Plan to allow for employee contributions for medical/dental/vision to be pre-tax premium conversion.
Plan Rules. Employees may insure themselves and their eligible dependents under the medical, dental, vision plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan will be in accordance with the Plan document.
17.3.16.3. Long Term Disability insurance
The City will provide, at no cost to the employee, long-term disability insurance coverage.
Plan benefits will be as described in the Plan document, but will include:
(a) Each disability sixty-six and two thirds (66⅔) of salary up to the maximum salary replacement amount as specified in the City’s long-term disability plan. (b) Disability income payments will commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City will continue its normal contribution for employee medical premiums during the ninety (90) days waiting period.
17.4.16.4. State Disability Insurance (SDI)
By secret ballot election, pursuant to procedures established by the state, SCEA members have elected toEmployees receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
17.5.16.5. Life Insurance
The City will provides, at no cost to the employee, a termeach employee group term life insurance policy with a valuein the amount of fifty thousand dollars ($50,000). In addition, employees will have the opportunity tocan purchase additional voluntary life insurance through their union or through the City’s IRS 125 plan vendor.
Attachment A
664
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 51 SCEA MOU 2026-2029
ARTICLE 18.ARTICLE 17. SALARIES
18.1.17.1. Salary AdjustmentsWages
(a) Effective July 1, 2023, employeesJuly 12, 2026, all classifications will receive a four two percent (42.0%) Cost of Living Adjustment (COLA) to base pay. (b) Effective July 1, 20242027, employees all classifications will receive a three two percent (32.0%) COLA to base pay.
(c) Effective July 1, 20252028, employees all classifications will receive a three two percent (32.0%) COLA to base pay.
17.2. Market Adjustments
Effective July 12, 2026, all classifications will receive a one and a half percent (1.5%) market adjustment.
Effective July 12, 2026, all Fire Telecommunicator Call Takers and Fire will receive an additional market adjustment in the amount of four point two-five percent (4.25%) to base pay.
a. 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.
2) Effective July 1, 2024, classifications will receive a market adjustment of no more than seven percent (7%) as outlined in Appendix B. 3) Finally, effective July 1, 2025, classifications will receive the remaining percentage to bring the classification to the median of the market as outlined in Appendix B.
b. Lump Sum Payments
a) Each employee who is employed in the bargaining unit as of July 1, 2024, will receive a two thousand dollar ($2,000.00) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
b) Each employee who is employed in the bargaining unit as of July 1, 2025, will receive a two thousand dollar ($2,000.00) lump sum non-pensionable bonus Attachment A
665
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 52 SCEA MOU 2026-2029
(subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
18.2.17.3. Salary Upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service will be minimum salary for the class to which that employee is appointed. When circumstances warrant, the Director of Human Resources or Director’s designee may approve an entrance salary which is more than the minimum salary 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 the employee is appointed.
18.3. 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 when such a conversion is appropriate. In determining equivalent amounts on different time bases, the City will provide tables or regulations for the calculation of payment for service of less than full-time, and for use converting monthly salaries to hourly rates, as well as for calculating hourly rates. Overtime rate and premium pay will be calculated according to the provisions of the Fair Labor Standards Act.
18.4.17.4. Salary Step Plan
Salary ranges for bargaining unit classifications will consist of six (6) salary steps in each range.
(a) The first step will be the minimum rate and will be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the Director of Human Resources or Director’s designee may authorize appointment above the first step after receiving the recommendation of the department head. The same provision will apply to hourly-paid and part-time employees. (b) If a department head recommends withholding increases to salary steps two (2) through six (6) because an employee has not achieved the level of performance required, notice must be received by the Director of Human Resources at least four weeks in advance of the employee’s eligibility date. The affected employee will be furnished a copy of the department head’s recommendation. Failure to abide by the above four-week limitation will not automatically cause a step increase to be granted; however, if an employee does not receive notice by the actual anniversary date, the increase will be automatically granted. (c) The Salary Schedule consists of nine (9) steps, with five percent (5.0%) between steps one (1) through six (6), and two and a half percent (2.5%) between steps seven (7) through nine (9).
Attachment A
666
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 53 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
(c)(d) The second step will be paid upon the satisfactory completion of the probationary period.
(d)(e) The third stepSteps 3 through 9 will be paid upon th e satisfactory completion of one (1) year of service at the second prior step.
(e) The fourth step will be paid upon the satisfactory completion of one year of service at the third step.
(f) The fifth step will be paid upon the satisfactory completion of one year of service at the fourth step.
(g) The sixth step will be paid upon the satisfactory completion of one year of service at the fifth step and upon the written recommendation of the department head.
Regardless of an employee’s length of service, step advancements in any given class may be made upon recommendation of the department head with the approval of the Director of Human Resources, but not above Step 6 for a given range.
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.
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 will be as stated in the preceding paragraph.
Salary range adjustments for a classification will not set a new salary anniversary date for employees’ serving in that classification.
18.5. Salary Step After Military Leave
All employees who have been granted military leave will, upon their return to the City service, be entitled to the automatic salary advances within the range of their classification for the period they were in the military service.
18.6. Salary Step When Salary Range Is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies will be entitled to the step in the revised range which corresponds to the employee’s step held in the previous range, unless otherwise specifically provided for by the Director of Human Resources.
Attachment A
667
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
City of Stockton 54 SCEA MOU 2026-2029
18.7.17.5. Salary Step After Promotion or Demotion
(a) When an employee is promoted from a position in one class to a position in a higher class, and at the time of promotion is receiving a salary equal to, or greater than the minimum rate for the higher class, that employee will be entitled to the next step in the salary scale of the higher class which is at least five percent (5%) above the employee’s current base salary, except that the next step will not exceed the maximum salary of the higher class. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules will apply.
(b) When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation will be adjusted to the salary prescribed for the class to which demoted.
(1) If the salary of an employee is reduced for cause or disciplinary reasons, the employee will receive the salary at the step ordered by the Appointing Authority.
(2) If the salary of the employee is reduced through no fault of the employee (i.e., layoff), the employee will be placed at the highest step in the lower salary range that does not exceed the employee’s monthly salary immediately prior to the reduction.
(c) “Y” Rate
When an employee’s classification is changed to a lower paid classification as the result of a classification study or other action, the employee may be placed on a “Y” rate. A “Y” rate means that the monthly compensation for the employee will remain in effect until such time as further changes in the pay range of the new classification exceeds the “Y” rate.
18.8.17.6. Salary on Transfer
An employee may be transferred from a class in one department, or to a position of the same class in another department, or to a comparable class, with the approval of both the employee and department heads. In the case of a comparable class, the employee must be qualified, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question are within one percent (1%) and will consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful completion of pertinent test, that they are qualified for the transfer. If the transfer involves Attachment A
668
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 55 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
a change from the jurisdiction of one appointing authority to another, both must consent thereto.
18.9. Salar y on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, the salary will not be higher than the salary at the time of the employee’s separation unless there has been an increase within the salary range.
18.10.17.7. Acting Pay
Any employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position, will receive the rate of pay at a step in the range of the higher classification which would have been received if the employee had been promoted into that classification. Such written authorization must be made by the appointing authority and must be made prior to the effective date of the acting assignment. Compensation for acting pay will be for the full work shift.
Time in acting status does not normally qualify an employee for future step increases.
18.11.17.8. Special Assignment Pay
The City Manager may approve additional compensation in an amount not to exceed one additional salary step for bargaining unit employees assigned for the duration of special assignment to additional duties, responsibilities or hours.
18.12.17.9. 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.
18.13.17.10. Pay Equity Adjustments
The City recognizes that there may be a need for pay equity salary adjustments for selected classifications, as a result of recruitment problems, reclassifications, and/or organizational changes during the year. The City, in its sole discretion, may make such pay equity adjustments, but agrees to discuss such changes with SCEA.
18.14. Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be Attachment A
669
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 56 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
administratively possib le until the City implements a new payroll system. The parties agree to meet and confer on identified impacts regarding the pay period change.
ARTICLE 19.ARTICLE 18. VOLUNTARY TRANSFER
An bargaining unit employee may apply for a transfer to a position in the same or comparable classification in accordance with the City Civil Service Rules. In the case of a comparable class, the employee must be qualified, as determined by the Director of Human Resources in accordance with section 17.8 . Such request must be submitted in writing to the Human Resources Department. The names of such bargaining unit employees together with other eligible applicants, will be forwarded to the department head to fill existing vacancies. Such bargaining unit employees will not be accorded any hiring preference.
ARTICLE 20.ARTICLE 19. SEVERABILITY OF PROVISIONS
In the event thatIf any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum will be null and void but such nullification will not affect any of the other provisions of this MOU, all of which will remain in full force and effect.
ARTICLE 21.ARTICLE 20. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.
This MOU will supersedes all existing Memorand a of Understanding and sid e letters between the City and SCEA.
ARTICLE 22.ARTICLE 21. 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 all matters subject to meeting and conferring. Neither party will, during the term of this MOU, demand any change therein nor will either party be required to negotiate with respect to any matter, provided that nothing herein will prohibit the parties from changing the terms of this MOU by mutual agreement.
ARTICLE 23.ARTICLE 22. Maintenance of Operations/City RightsNO STRIKE (a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, SCEA and each employee represented thereby agrees that from the date of execution through and inclusive of June 30, 2026during the term of this MOU, SCEA or any person acting on its behalf, or each Attachment A
670
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 57 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
employee in a classification represented by SCEA , will not cause, authorize, engage in, encourage, or sanction a strike, unfair labor practice strike, or sympathy strike, work stoppage, slowdown, or 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 will 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 section (a) of this Article. The City may take other action, which it deems appropriate.
(c) If the City Council, by majority vote, determines to its satisfaction, that section (a) of this Article has been violated by SCEA, the City may take such remedial action as it deems appropriate.
(d) SCEA 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 of any activity prohibited by Subsection (a) hereinabove, SCEA agrees to take supererogatory steps necessary to assure compliance with this MOU.
(e) The Rights of the City as set forth in section 5 of Resolution #32,538, dated August 4, 1975, are incorporated herein by reference.
ARTICLE 24.ARTICLE 23. DURATION OF AGREEMENT
This All provisions of this MOU will beare effective the date of execution unless otherwise indicated, and will remain in full force and effect to and including the 30th day of June 30, 20262029.
Attachment A
671
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
City of Stockton 58 SCEA MOU 2026-2029
Term: July 1, 20263 – June 30, 20262029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATORS UNIT
IN WITNESS WHEREOF, this Memorandum of Understanding was ratified by a membership vote of SCEA on August July __1, 20263, and by an affirmative vote of the Stockton City Council on . The parties hereto have executed this Memorandum of Understanding this ____ day of __________.
Stockton City Employees’ Association City of Stockton
___________________________________ _______________________________ Jenny Castillo Hernandez Johnny Ford
President City Manager
___________________________________ _______________________________ Gwendolyn Smith Marie Guillory-Jones
First Vice President Interim Director of Human Resources ___________________________________
Liszet Burgueno
Second Vice President
Approved as to form: Approved as to form:
Rose Law APC
By: By:
___________________________________ _______________________________ Joseph W. Rose Marci Arredondo
Attorney for SCEA City Attorney
By: By:
___________________________________ _______________________________ Mehran Tahoori Michael Jarvis
Attorney for SCEA Negotiator for the City
ATTEST:
_______________________________
Katherine Roland
City Clerk
Attachment A
672
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 2023 – June 30, 2026
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
City of Stockton Appendix A SCEA MOU 2026-2029
Appendix “A” FLSA Exempt Job Classifications
Administrative Analyst II
Assessment District Program Coordinator
Assistant Architect
Assistant Civil Engineer
Assistant Engineer
Assistant Engineer/Traffic
Assistant Landscape Architect
Assistant Planner
Assistant Traffic Engineer
Associate Planner
Code Analyst
Economic Development Analyst
Golf Professional
Junior Engineer
Junior Engineer/Traffic
Project Manager II
Project Manager III
Senior Real Property Agent
Attachment A
673
STOCKTON CITY EMPLOYEES’ ASSOCIATION SUCCESSOR MOU
Term: July 1, 2023 – June 30, 2026
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
City of Stockton Appendix B SCEA MOU 2026-2029
Appendix “B” Safety Protective Footwear
1. Assistant Civil Engineer (PW)
2. Assistant Engineer (PW)
3. Customer Service Assistant
4. Engineering Technician I/II (MUD)
5. Project Manager I/II/II
6. Project Clerk
7. Public Workers Filed Specialist
8. Public Works Inspector
9. Animal Services Assistant I/II/III
10. Animal Services Officer
11. Code Enforcement Officer I/II/Senior
12. Combination Inspector I/II/Senior
13. Evidence Technician I/II/Senior
14. Senior Recreation Assistant
15. Recreation Program Coordinator
16. Community Services Officer
Attachment A
674
City of Stockton Costing as of 7/15/2026
SCEA - 2026 - Proposal Costing
Costing of 3 Year Contract
Proposal
# Description FY 2026-27 FY 2027-28 FY 2028-29
Term - 3 Years
Salary Increase 3.5% Year 1, 2% Year 2, 2% Year 3 2,086,326 1,181,499 1,205,129 4,472,954
Sa
lary Range Adjustment - Steps 7-9 450,623 1,031,757 1,755,602 3,237,982 He
alth Increase 4% Year 1, 2% Year 2, 2% Year 3 411,404 419,632 428,025 1,259,061 Uni
form and Safety Allowance 12,675 12,675 12,675 38,025 Vacation Sellback 713,557 727,828 742,384 2,183,769 TOTAL
3,674,585 3,373,391 4,143,815 11,191,791
Funding Sources (Estimated):
Fund Fund Desc Year 1 Year 2 Y ear 3 Allocation
100 GENERAL FUND 2,286,327 2,098,924 2,578,282 62.22% 210 MEASURE M 148,821 136,622 167,825 4.05% 220 DEV SVS 360,477 330,930 406,508 9.81% 230 HOUSING F 20,210 18,554 22,791 0.55% 240 GAS TAX 8,084 7,421 9,116 0.22% 255 SOLIDWASTE 51,812 47,565 58,428 1.41% 260 OTH SP REV 26,824 24,626 30,250 0.73% 270 MAINT DIST 22,048 20,240 24,863 0.60% 280 SPEC GRANT 12,494 11,470 14,089 0.34% 290 HOUSING ST 2,205 2,024 2,486 0.06% 300 GOVT CIP 88,925 81,636 100,280 2.42% 310 PFF FUND 8,452 7,759 9,531 0.23% 400 DEBT SVC 2,572 2,361 2,901 0.07% 500 FLEET 23,517 21,590 26,520 0.64% 510 TECHNOLOGY 275,961 253,342 311,201 7.51% 570 REPRO 5,144 4,723 5,801 0.14% 600 WATER 95,539 87,708 107,739 2.60% 610 WASTEWATER 171,971 157,875 193,931 4.68% 620 STORMWATER 44,095 40,481 49,726 1.20% 630 PARK AUTH 19,108 17,542 21,548 0.52% TOTAL 3,674,585 3,373,391 4,143,815 100.00%
Total Annual Cost
Total
3-Year Cost
Attachment B
675
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF STOCKTON AND THE STOCKTON CITY EMPLOYEES’
ASSOCIATION (SCEA) AND AUTHORIZING ITS IMPLEMENTATION
The City’s negotiating team met and conferred with officials of the Stockton City Employees’ Association (SCEA) and reached an agreement for a successor Memorandum of Understanding. On Ju ly 13, 2026, the City was notified that SCEA unit ratified the agreement by a majority vote of their members; and
The City of Stockton and the Stockton City Employees’ 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 City Employees’ 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 City Employees’ Association Memorandum of Understanding to be effective July 1, 2026.
3. The City Manager is hereby authorized and directed to increase expenditure appropriations in the annual budget for Fiscal Year 20 26-27, as necessary to carry out the intent of the agreements as shown in Exhibit 2.
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676
4. The City Manager and the Interim 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 21, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE D. ROLAND, CMC, CPMC
City Clerk of the City of Stockton
677
EXHIBIT 1
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
CITY OF STOCKTON
AND
STOCKTON CITY EMPLOYEES’ ASSOCIATION
JULY 1, 2026, THROUGH JUNE 30, 2029
678
EXHIBIT 1
City of Stockton i SCEA MOU 2026-2029
Table of Contents
Page
Table of Contents ............................................................................................................. i Article 1- Recognition ...................................................................................................... 4 Article 2- Union Rights ..................................................................................................... 4
2.1. SCEA Member Payroll Deductions ................................................................... 4
2.1. New Hire Employee Orientation and Information Requirements ....................... 5
2.2. Use of City Facilities ......................................................................................... 6
2.3. Advance Notice ................................................................................................. 6
2.4. Attendance at Meetings by Employees ............................................................. 6
2.5. SCEA Time Bank .............................................................................................. 7 Article 3- Probation .......................................................................................................... 7
3.1. Purpose............................................................................................................. 7
3.2. Original Entrance and Promotional Positions .................................................... 7
3.3. Retention/Rejection of Probationer ................................................................... 8 Article 4- Performance Evaluations ................................................................................. 8
4.1. Preparation of Draft and Discussion with Employee ......................................... 8
4.2. Employee Disagreement with Rating ................................................................ 8
4.3. Annual Evaluations ........................................................................................... 9 Article 5- Personnel Records ........................................................................................... 9
5.1. Inspection.......................................................................................................... 9
5.2. Review and Response Before Adverse Action.................................................. 9
5.3. Request for Removal of Records ...................................................................... 9 Article 6- Layoff ............................................................................................................. 10
6.1. Layoff .............................................................................................................. 10
6.2. Layoff Scope ................................................................................................... 10
6.3. Notice of Layoff ............................................................................................... 10
6.4. Precedence by Employment Status ................................................................ 10
6.5. Order of Layoff and Employee Options ........................................................... 11
6.6. Health, Dental, and Vision Benefits During Layoff .......................................... 12
6.7. Voluntary Layoff .............................................................................................. 12 Article 7- Reemployment ............................................................................................... 13
7.1. Placement on Eligibility List for Position Held ................................................. 13
7.2. Placement on Eligibility List for Qualifying Positions ....................................... 13
7.3. Status Upon Reemployment ........................................................................... 13
7.4. Temporary Employment .................................................................................. 13 Article 8- Discipline ........................................................................................................ 13
8.1. Pre-disciplinary Rights .................................................................................... 13
8.2. Procedural Rights ........................................................................................... 14
8.3. Disciplinary Appeal Options ............................................................................ 14 Article 9- Grievance Procedure ..................................................................................... 15
9.1. Definition ......................................................................................................... 15
9.2. Union Grievances ........................................................................................... 15
9.3. Filing Deadline ................................................................................................ 15
9.4. Grievance Processing ..................................................................................... 15
9.5. Scope of Arbitration ........................................................................................ 17 679
EXHIBIT 1
City of Stockton ii SCEA MOU 2026-2029
9.6. Other Provisions ............................................................................................. 17 Article 10- Leaves.......................................................................................................... 18
10.1. Vacation Leave ............................................................................................ 18
10.2. Sick Leave ................................................................................................... 21
10.3. Bereavement Leave .................................................................................... 21
10.4. Jury Duty Leave .......................................................................................... 21
10.5. Court Leave ................................................................................................. 21
10.6. Leaves Reopener ........................................................................................ 22
10.7. Workers’ Compensation Leave ................................................................... 22
10.8. Leave of Absence Without Pay ................................................................... 22
10.9. Absence Without Official Leave (AWOL) ..................................................... 23 Article 11- Days and Hours of Work .............................................................................. 23
11.1. Workweek .................................................................................................... 23
11.2. Meal Periods and Rest Periods ................................................................... 24
11.3. Hourly Employees ....................................................................................... 24
11.4. Regular Part-Time Employees .................................................................... 24
11.5. Job Sharing ................................................................................................. 25
11.6. Reporting to Work ....................................................................................... 25
11.7. Shift Bidding ................................................................................................ 26 Article 12- Overtime....................................................................................................... 26
12.1. Overtime Authorization ................................................................................ 26
12.2. Definition ..................................................................................................... 26
12.3. Temporary Upgrade Pay ............................................................................. 26
12.4. Rest Period During Overtime ....................................................................... 26
12.5. Compensatory Time Off (CTO) ................................................................... 27
12.6. Exempt Status of Classifications ................................................................. 27 Article 13- Holidays ....................................................................................................... 27
13.1. Qualifying for Holiday Pay ........................................................................... 27
13.2. Holidays Observed by the City .................................................................... 28
13.3. Modification of Observed Holidays .............................................................. 28
13.4. Floating Holidays ......................................................................................... 28
13.5. Holiday in Lieu ............................................................................................. 29
13.6. Holidays for Library Service Division Employees ........................................ 29
13.7. Compensation for Holidays Not Worked...................................................... 29
13.8. Compensation for Holidays Worked ............................................................ 29 Article 14- CalPERS Retirement .................................................................................. 29
14.1. Tier 1 – For Employees Hired before December 29, 2012 .......................... 29
14.2. Tier 2 – For Employees Hired after December 28, 2012 ............................. 30
14.3. Tier 3 PEPRA – For Employees Hired after December 31, 2012 ................ 30 Article 15- Miscellaneous Pay Provisions ...................................................................... 30
15.1. Uniform Allowance ...................................................................................... 30
15.2. Standby Pay ................................................................................................ 31
15.3. Call-Back Pay .............................................................................................. 31
15.4. Employee Educational Assistance .............................................................. 32
15.5. Mileage Expense Reimbursement ............................................................... 32
15.6. Voluntary Court Standby ............................................................................. 32 680
EXHIBIT 1
City of Stockton iii SCEA MOU 2026-2029
15.7. Bilingual Pay ................................................................................................ 32
15.8. Safety Protective Footwear Allowance ........................................................ 32
15.9. Animal Services Protective Equipment and Vaccinations ........................... 32
15.10. Longevity Pay .............................................................................................. 33 Article 16- Insurance Plans ........................................................................................... 33
16.1. Reopener Clause for Health Insurance ....................................................... 33
16.2. Health, Dental, Vision, and Prescription Benefits ........................................ 33
16.3. Long Term Disability insurance ................................................................... 35
16.4. State Disability Insurance (SDI) ................................................................... 35
16.5. Life Insurance .............................................................................................. 35 Article 17- Salaries ........................................................................................................ 35
17.1. Wages ......................................................................................................... 35
17.2. Market Adjustments ..................................................................................... 36
17.3. Salary Upon Appointment............................................................................ 36
17.4. Salary Step Plan .......................................................................................... 36
17.5. Salary Step After Promotion or Demotion.................................................... 37
17.6. Salary on Transfer ....................................................................................... 37
17.7. Acting Pay ................................................................................................... 38
17.8. Special Assignment Pay .............................................................................. 38
17.9. Temporary Upgrade Pay ............................................................................. 38
17.10. Pay Equity Adjustments............................................................................... 38 Article 18- Voluntary Transfer ........................................................................................ 39 Article 19- Severability of Provisions ............................................................................. 39 Article 20- Past Practices and Existing Memoranda of Understanding ......................... 39 Article 21- Scope of Agreement .................................................................................... 39 Article 22- No Strike ...................................................................................................... 39 Article 23- Duration of Agreement ................................................................................. 40 Appendix “A” FLSA Exempt Job Classifications .............................................................. A Appendix “B” Safety Protective Footwear ........................................................................ B
681
EXHIBIT 1
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU
City of Stockton 4 SCEA MOU 2026-2029
ARTICLE 1. RECOGNITION
(a) The Stockton City Employees’ Association (“SCEA”) is the exclusively recognized employee organization having the right to represent employees on matters within the scope of representation under the Meyers-Milias-Brown Act in these bargaining units with the City of Stockton (“City”):
(1) Administrative, Clerical, and Services Unit (“SCEA – ACS”) (2) Professional and Technical Unit (“SCEA P&T”)
(3) Fire Telecommunicators Unit (“SCEA – R”)
(b) City employees employed in one (1) of these bargaining units are referred to within this Memorandum of Understanding (“MOU”) as “employees” unless the context requires otherwise. This MOU applies only to bargaining unit employees. (c) Representatives of SCEA and the City met and conferred in good faith regarding matters within the scope of representation, have freely exchanged information, opinions, and proposals, and have endeavored to reach agreement on such matters.
(d) This MOU has been jointly prepared by the parties and is entered into in accordance with the Meyers -Milias-Brown Act (Government Code sections 3500 et seq.) and applicable regulations of the Public Employment Relations Board (collectively herein, the “MMBA”).
ARTICLE 2. UNION RIGHTS
2.1. SCEA Member Payroll Deductions
(a) The City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by SCEA, and for any other services provided by SCEA, from the salary or wages of all employees who voluntarily authorize such deductions, as certified in writing by SCEA to the City, and pay such amounts to SCEA.
(1) All employee requests to cancel or change SCEA dues deductions shall be directed to SCEA.
(2) The City shall rely upon written notification from SC EA for all employee requests to cancel or change payroll deductions for such payments. (3) SCEA is responsible to obtain and maintain voluntary written authorization for such payments.
682
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 5 SCEA MOU 2026-2029
(4) SCEA deductions shall automatically renew unless written notice is provided by the authorized representative of SCEA certifying a change in such deductions.
(5) The City shall honor any changes to such deduction amounts provided by SCEA.
(6) SCEA may but 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 by SCEA via email 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.
(b) Hold Harmless Provision
The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2. New Hire Employee Orientation and Information Requirements (a) The City shall provide SCEA not less than ten (10) days’ notice in advance of new hire employee orientation.
(b) 30-Day New Hire Notification. The City will provide SCEA in Excel (.xlsx) format, with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire or by the first pay period of the month following hire. (c) 120-Day Bargaining Unit List. The City will provide SCEA with a list, in Excel (.xlsx) format, of the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address for all employees in the bargaining unit during the first pay period in January, May, and September of each year.
(d) All notifications and information provided by the City under this section will be sent to SCEA by email to addresses designated by SCEA representatives. 683
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FIRE TELECOMMUNICATIONS UNIT
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2.3. Use of City Facilities
(a) SCEA will be allowed use of space on available bulletin boards and reasonable use of City computer systems and networks for communications having to do with official SCEA business, such as times and places of meetings, provided such use does not interfere with the needs of the City.
(b) Any representative of SCEA will give notice to the department head or designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicita tion for membership or other internal SCEA business will be conducted during the non -duty hours of all employees concerned. Prearrangement for routine contact may be made with individual department heads and when made will continue until revoked by the department head.
(c) City buildings and other facilities may be made available for use by bargaining unit employees and their SCEA representative(s) in accordance with such administrative procedures as may be established by the City Manager, Director of Human Resources, or department heads concerned.
2.4. Advance Notice
(a) Except in cases of emergency, reasonable advance written notice will be given to SCEA if affected by any ordinance, resolution, rule, or regulation directly relating to matters within the scope of repre sentation proposed to be adopted by the City and will be given the opportunity to negotiate if requested with the designated management representatives prior to adoption. SCEA shall have fourteen (14) days to request a meet and confer. If SCEA fails to request a meet and confer within this time period, it shall be deemed to have waived its right to meet and confer.
(b) 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 SCEA will be provided with the notice described above and be given an opportunity if requested to negotiate changes to said notice with the management representatives designated by the City Manager.
2.5. Attendance at Meetings by Employees
Employees who are official representatives or unit representatives of SCEA will be given reasonable time off with pay to attend meetings with City management representatives where matters within the scope of representation or grievances are being considered.
Time spent for these purposes while a representative is not scheduled to work will not be 684
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compensated by the City and will not be considered as hours worked. Such employee representatives will submit a request for an excused absence to their respective department heads, in a manner satisfactory prior to the scheduled meeting whenever possible. Except by mutual agreement the number of employees excused for such purposes will not exceed three (3) per recognized bargaining unit.
2.6. SCEA Time Bank
Upon request by SCEA in February of each year, each employee must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by SCEA officers, directors, and members fo r SCEA business that occurs during normal work hours, for which paid release time does not apply. Time bank hours used will not be considered as hours worked. The use of SCEA Time Bank must be authorized by an SCEA Officer, or SCEA director. Members must s ubmit the time off request in advance and receive supervisor approval to attend SCEA business that occurs during normal work hours. The total amount of release time in the bank, including any carryover, will at no time exceed five hundred (500) hours. The City’s administration and processing of these contributions will be implemented as soon as administratively possible after ratification of this MOU.
ARTICLE 3. PROBATION
3.1. Purpose
The probationary period will be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employee whose performance does not meet the required standards of work.
3.2. Original Entrance and Promotional Positions
Employees hired or promoted after the effective date of this MOU will be subject to the following:
(a) All original appointments will be tentative and subject to probationary period of twelve (12) months.
(b) All promotional appointments will be tentative and subject to a probationary period of not less than six (6) months but not more than twelve (12) months, as specified in the class specification.
(c) Original and promotional probationary periods may be extended up to an additional six (6) months in those cases where the appointing authority and th e Director of Human Resources agree that an extension would be beneficial to the employee and the City due to specific and documented performance problems. 685
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
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FIRE TELECOMMUNICATIONS UNIT
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3.3. Retention/Rejection of Probationer
(a) At the end of the probationary period, if the service of the prob ationary employee has been satisfactory to the appointing authority, then the appointing authority will 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 desire d. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or not regular status is granted; however, a failure on the part of the appointing authority to file such a statemen t at the end of the probationary period will not constitute a rejection of the probationer as defined in Civil Service Rules.
(b) During the probationary period an employee may be rejected at any time by the appointing authority. Any employee rejected during t he probationary period following a promotional appointment, will be reinstated to the position and salary step from which promoted unless disciplinary charges are filed and the employee is discharged in the manner provided in Article 8 of this MOU and the Civil Service Rules and Regulations for Miscellaneous Employees.
ARTICLE 4. PERFORMANCE EVALUATIONS
4.1. Preparation of Draft and Discussion with Employee
(a) Performance evaluations will normally be prepared in draft form and discussed with the employee prior to finalization and inclusion in the official personnel file. (b) Employees will be evaluated according to the established procedures set forth in City policies. Evaluations should include, where practicable, narrative remarks to support the ratings.
(c) Ratings of less than sat isfactory in any of the major categories will include a statement of the deficiency, suggested plans for correction, and a timeframe for improvement.
(d) Employees may respond in writing to a performance evaluation and have such response attached to their official personnel file.
4.2. Employee Disagreement with Rating
If an employee does not agree with the performance evaluation, the employee may submit a written response to the department head raising specific issues of disagreement.
The department head will investigate the evaluation and render a written decision on all issues raised by the employee within twenty (20) working days of receipt of the appeal. If the employee is not satisfied with the department head’s response, the employee may 686
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prepare a written respo nse and have such response included in their official personnel file.
4.3. Annual Evaluations
(a) The City may institute annual evaluations of bargaining unit employees beyond the sixth (6th) year of employment on a department-by-department basis. (b) In the event a supervisor or manager does not complete a represented employee’s performance evaluation on time resulting in a delay in the employee’s step or merit increase, the supervisor or manager will promptly complete the necessary payroll form(s) to implement the step or merit increase.
ARTICLE 5. PERSONNEL RECORDS
5.1. Inspection
Employees and their authorized representatives have the right, upon written request, to inspect and receive copies of personnel records relating to the employee’s employment, performance, education, training, or to any grievance concerning the employee, including the employee’s official personnel file maintained by the Human Resources Department and any departmental duplicate file. Authorized representatives must have authorization from the employee in writing to access their personnel file. The City will make such records available within thirty (30) days after receipt of the written request. This right does not extend to letters of reference, records relating to the investigation of a possible criminal offense, or other records exempt from disclosure under applicable law.
5.2. Review and Response Before Adverse Action
The City will not take any adverse action based upon any documented incident or any document, unless the bargaining unit employee first receives a copy of the document and has an opportunity to respond in writing to that document. This requirement does not apply to supervisor’s anecdotal records which will be kept separate from the official personnel file or the departmental duplicate file. S uch anecdotal records may be maintained for preparation of an evaluation or for notations related to potential discipline.
5.3. Request for Removal of Records
An employee or their representative may submit a written request to seek removal of any material place d into their official file in the Human Resources Department and the duplicate file kept in the department according to the City’s Discipline Policy. This paragraph does not apply to records required by law to be kept. 687
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FIRE TELECOMMUNICATIONS UNIT
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ARTICLE 6. LAYOFF
6.1. Layoff
Any employee may be lai d 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. In doing so, the City will follow the layoff procedure set forth herein below.
6.2. Layoff Scope
(a) The City will designate the number of layoffs in each bargaining unit classification for each department of the City.
(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
6.3. Notice of Layoff
The City will give advance written notice of at least two (2) weeks to bargaining unit employees who will be laid off.
6.4. Precedence by Employment Status
No employee having regular status will be laid off while employees working in extra help, seasonal, temporary, provisional, or probationary status are retained in the same or comparable classification as such regular status employee. The order of layoff among employees not having regular status will be as follows:
(a) First, extra help and seasonal employees;
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STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
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PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
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(b) Second, provisional employees;
(c) Third, temporary employees; and
(d) Fourth, probationary employees.
Layoffs will be by job classification according to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure, regular part -time classes will be considered as separate from regu lar status full -time classes.
The following provisions will apply in computing total continuing service:
(a) Time spent on military leave will count as service in the event the leave was taken subsequent to entry into regular status City employment. (b) Time worked in extra help, seasonal, provisional, temporary, grant or other limited term status will not count as service.
(c) Time worked in a regular status or probationary status will count as service. (d) If two (2) or more employees have the same seniority, the order of seniority will be determined by their respective ranking on the eligibility list for hire. (e) If two (2) or more employees have the same seniority, but were not hired from a ranked eligibility list, the order of seniority will be determined by lot. (f) If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority will be determined by lot. (g) Regular status part-time employees will not have the right to bump regular status full-time employees.
6.5. Order of Layoff and Employee Options
Reduction in force will occur in the following order:
(a) The least senior employee occupying the position(s) being eliminated will be the first laid off. The incumbent designated for layoff will have the options noted below:
(1) Displacing the least senior employee occupying the same or comparable classification, Citywide.
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(2) Exercising seniority by returning to the classification in which the employee had prior status, thus displacing the employee working in that classification who has the least seniority.
(b) Seniority for the purposes of application of the layoff procedure is determined by total City employment, excluding employment as an extra help, seasonal, provisional, or temporary employee.
(c) Comparability of employee classifica tions for the purposes of application of the layoff procedure will mean the exact salary and similar duties as determined by the Director of Human Resources. Employees must meet the minimum qualifications of the comparable classification.
(d) An employee displaced will be laid off in the same manner as an employee whose position has been abolished.
6.6. Health, Dental, and Vision Benefits During Layoff
Regular status employees who are laid off may continue their existing health, dental and vision benefits at their own expense for up to thirty-six (36) months after separation from City employment, which runs concurrently with any COBRA continuation benefits. Timely payments of the premiums by the employee must be made to the City, according to City regulations, and the employee must otherwise meet eligibility requirements for continued coverage.
6.7. Voluntary Layoff
When the City determines a layoff will occur, regular status employees may elect to be voluntarily separated from City employment regardless of their seniority status , whereupon the following provisions apply:
(a) For payroll purposes, the employee will be treated as being on approved leave of absence without pay for up to twelve (12) months.
(b) The employee will have the option to either retain sick leave and/or vacation balances for up to one (1) year in anticipation of reemployment or be paid off for those leaves if and to the extent permitted under this MOU, City policy, or applicable law.
(c) The names of employees who elect to be voluntarily laid off w ill be placed on a reemployment list.
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STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
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PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
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ARTICLE 7. REEMPLOYMENT
7.1. Placement on Eligibility List for Position Held
The name of each employee who is laid off or reduced from a higher class as a result of layoff will be placed at the head of the eligibility l ist for the class of positions which that employee held, and will be given preference in filling vacancies in that class.
7.2. Placement on Eligibility List for Qualifying Positions An employee laid off will be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accorda nce with the class specifications. This right of a laid off employee will remain effective for two (2) years from the date of latest separation from service. Employees who are subject to a layoff will be provided by the Human Resources Department a notice of their rights of reemployment and a form on which the employees are to indicate their reemployment preferences.
Employees placed on said list or lists will be at the head of the eligibility list for the class of positions for which qualified as hereinabo ve set forth and will be given preference in filling vacancies except for those persons placed on said lists or lists of reemployment in the same position previously held. An employee who waives reemployment to a full-time position three (3) times will have their name removed from this reemployment list unless mutually agreed to by the Department and employee. Upon certification for appointment to a new position never having been held by this employee, they will be subject to a new probationary period.
7.3. Status Upon Reemployment
Upon reemployment to the same position from which laid off or a position in which the employee held regular status, the employee will be returned to prior status regarding seniority, merit increases, probationary period, and unused sick and vacation leave.
7.4. Temporary Employment
A person on a laid off status may accept a temporary appointment without any effect on their reemployment status.
ARTICLE 8. DISCIPLINE
8.1. Pre-disciplinary Rights
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.
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FIRE TELECOMMUNICATIONS UNIT
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An employee facing potential disciplinary action will be entitled to the following pre - disciplinary rights:
(a) Notice of proposed discipline.
(b) Date(s) proposed discipline will be effective.
(c) Reasons for the proposed discipline, the specific grounds, and particular facts upon which the action is taken.
(d) The employee must be provided with any written materials, reports, and documents upon which the action is based.
(e) Ten (10) working days in which an employee or the employee representative may respond either orally or in writing to the department head.
8.2. Procedural Rights
(a) The department head upon authorization of the Director of Human Resources may place an employee on paid administrative leave pending the completion of the investigative or pre-disciplinary processes.
(b) Employees of the Police Department have all the procedural rights afforded by Government Code section 3508.1.
8.3. Disciplinary Appeal Options
The appointing authority may discharge, suspend, reduce in pay, or demote any employee in the classified service provided the Stockton Municipal Code, the Civil Service Rules and Regulations for Miscellaneous Employees, and any applicable provisions of law are followed. These provisions allow the employee suspended, demoted, reduced in pay, or discharged to appeal the adverse action. The employee may take only one (1) of the following actions:
(a) File no appeal, in which case the adverse action will become fin al after ten (10) working days following the employee’s receipt of the notification of the adverse action.
(b) File an appeal with the Civil Service Commission within ten (10) working days following the employee’s receipt of written notification of the adverse action. Filing an appeal with the Civil Service Commission bars use of grievance procedure to appeal the same adverse action. The appeal must be served by personal service, fax, electronic mail with delivery confirmation, or certified mail. 692
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(c) File a grievance within ten (10) working days by personal service, fax, electronic mail with delivery confirmation or certified mail following the employee’s receipt of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed timeframes, these rights will have been waived.
ARTICLE 9. GRIEVANCE PROCEDURE
9.1. 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 meet and confer process.
9.2. Union Grievances
SCEA may file a grievance in its own name, without identifying an individual grievant, where the grievance concerns (i) a matter affecting the bargaining unit generally or (ii) a violation of union rights under this MOU. A grievance filed under this section shall be submitted in writing to the Director of Human Resources and shall state with particularity the specific provision alleged to have been violated, a statement of the facts comprising the violation, and the requested remedy. All other requirements and timelines of this Article apply.
9.3. Filing Deadline
(a) No grievance involving demotion, suspension, reduction in pay, 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 following the date on which the affected employee received written notification by certified mail or personal service of the adverse action.
(b) All other grievances must be filed within twenty (20) w orking days from the time the employee knew or had reason to know of the facts giving rise to the grievance. (c) By mutual written agreement of the Director of Human Resources and SCEA, the time limits contained in this grievance procedure may be extended or waived.
9.4. Grievance Processing
(a) Step 1—Departmental Review
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(b) Any employee claiming to have a grievance shall submit the grievance in writing to the employee’s direct supervisor. If the employee’s direct supervisor is unavailable or is the subject of the grievanc e, the employee shall submit the grievance to the department head. The department head shall post, or otherwise communicate in writing to all employees in the department, the name and contact information of the designated Step 1 recipient. If the grievance is not resolved within twenty (20) working days from the day of presentation, the procedures hereinafter specified may be invoked. Step 2—Director of Human Resources Review
(1) 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.
The grievance appeal from Step 1 must state with particularity:
a. The specific policy, rule or provision which is alleged to have been violated;
b. A statement of facts comprising the violation; and
c. The requested remedy.
(2) SCEA may file and process grievance(s) on behalf of the specifically named employee.
(3) The Director of Human Resources will have twenty (20) working days in which to investigate the issues and respond in writing to the appeal. (4) No grievance may be processed to Steps 3 and 4 that has not first been filed and investigated in accordance with this paragraph, unless the Director of Human Resources fails to respond within the twenty (20) working day limit.
(c) Step 3—Voluntary Mediation
The parties may mutually agree to the use of this Step prior to proceeding to Step 4, Binding Arbitration. Either party may with written notice within ten (10) working days of the decision of Step 2 invoke Step 3. Upon request for Step 3, the City will request a mediator from the State of California Mediation and Conciliation Services to review the grievance and make non -binding recommendations to assist the parties in resolving the grievance. The mediator will not provide any written documents and is limited to the restriction in Labor Code Section 65 and Attorney General opinions 51/183 and 68/77.
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STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
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FIRE TELECOMMUNICATIONS UNIT
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(d) Step 4—Binding Arbitration
If the grievant or SCEA is dissatisfied with the response at Step 2, or Step 3, if used, or if the Director of Human Resources fails to respond within the time limit, the matter may, within twenty (20) calendar days of the Step 2 response, 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 of California Mediation and Conciliation Services. The arbitrator will 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 will be shared equally by both parties. Each party, however, will bear the cost of its own presentation, including preparation and post hearing briefs, if any. Notwithstanding any contrary provision, SCEA must authorize in writing the advancement of all grievances to binding arbitration under Step 4 except those involving an individual employee demotion, suspension, reduction in pay, discharge, or other disciplinary action. (e) Effect of Decision
Decisions of arbitrators on matters properly before them will be final and bind ing on the parties except as provided otherwise herein.
9.5. Scope of Arbitration
(a) No arbitrator will entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by SCEA and unless such dispute falls within the definition of a grievance. (b) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto will not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of o r in connection with such proposal, may be referred to arbitration under this section. No arbitrator selected pursuant to this section will have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
(c) No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceeding hereunder) will be recognized unless agreed to by the City Manager and SCEA.
9.6. Other Provisions
(a) Complaints which allege the employee is not being compensated in accordance with the provisions of this MOU will be considered as grievances and processed .
Any other matters of compensation are to be resolved in the meet and confer 695
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process and if not detailed in th e MOU which results from such meet and confer process will be deemed withdrawn until the meet and confer process is next open for such decision. Employees agree to diligently check paychecks for errors.
Arbitration of disputes over compensation under the F air Labor Standards Act (FLSA) or the California Labor Code is permissive rather than mandatory. (b) Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.
(c) The grievant and employee-witnesses will be provided release time without loss of pay for all required meetings with management as well as for attendance at and participation in the arbitration hearing.
(d) The provisions of this Article will not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and Civil Service Rules and Regulations for Miscellaneous Employees, nor will it be administered in a manner which would abrogate any power which, under the Stockton Municipal Code and Civil Service Rules and Regulations, may b e within the sole province and discretion of the Civil Service Commission.
(e) All grievances will be processed under this Article. If the Stockton Municipal Code or Civil Service Rules and Regulations for Miscellaneous Employees provide an alternative process or remedy for resolution of the dispute or appeal, the grievant may elect either that alternative process or this grievance procedure, but not both. (f) In the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City. If a n arbitrator did not find just cause, any award by an arbitrator that 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
ARTICLE 10. LEAVES
10.1. Vacation Leave
(a) Vacation Allowance
(1) Employees accrue vacation leave per pay period with pay in accordance with the following schedules:
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FLSA Non-Exempt Employees:
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 3.08
Eighteen (18) or more but less than ninety
(90) 4.15
Ninety (90) or more but less than 180 5.54
180 or more but less than 300 7.27
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
FLSA Exempt Employees:
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 4.62
Eighteen (18) or more but less than ninety
(90) 5.69
Ninety (90) or more but less than 180 7.23
180 or more but less than 300 8.81
more than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years
(2) Employees scheduled to work less than full -time will receive vacation benefits on a proportional basis.
(3) Employees will accrue vacation on a per pay period basis. (b) Maximum Vacation Accrual
Employees reaching the maximum hours will stop accruing additional hours until they are below the caps listed here.
(c) Maximum Vacation Accrual Caps
40-Hour Work Week Employee – FLSA Non-Exempt
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
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26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
40-Hour Work Week Employee – FLSA Exempt
Under 1.5 years 200 hours
1.5 – 7.5 years 320 hours
7.5 – 15 years 360 hours
15 – 25 years 400 hours
26 years 416 hours
27 years 424 hours
28 years 432 hours
29 years 440 hours
For every year of service beyond twenty-nine (29), seven (7) additional hours are added to the maximum accrual cap.
(d) Vacation Scheduling
Vacation leaves will be scheduled so that they will not interfere with the normal operation of the City’s business and with due consideration for the wishes of the employee. Each Department will reduce its scheduling practice to writing and distribute to all employees.
(e) Vacation Sellback
During the month of December, employees may make an irrevocable election to cash out up to thirty (30) 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.
(a) Vacation Cash Out Upon Separation
An eligible employee separating from City service for any reason who has unused vacation time will be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation will be made at the straight time rate of pay. Payment for the unused vacation hours will be paid post separation date at no later than the second regularly scheduled pay period pay date following separation.
698
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 21 SCEA MOU 2026-2029
10.2. Sick Leave
(a) Accrual
(1) All regular status full-time employees accrue sick leave at the rate of eight (8) hours for each month of completed service.
(2) All regular part-time employees accrue sick leave on a prorated basis. (3) Unused sick leave will accumulate from year to year with no maximum accrual. Employees will continu e to accrue sick leave while off duty on authorized sick leave; provided, however, an employee will not accrue sick leave during any leave or leaves of absence without pay.
10.3. Bereavement Leave
(a) In the event of a death of an immediate family member, the empl oyee 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 of bereavement leave. Immediate family is restricted to the employee’s parents, spouse, parent-in-law, child, son -in-law, daughter-in-law, sibling, brother-in-law, sister-in-law, grandparent, grandchild, and registered domestic partner.
(b) 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.
10.4. Jury Duty Leave
When an employee is summoned to jury duty they will promptly inform their supervisor and, if required to serve, may be absent from work without loss of wages or use of accrued leave while rendering such service (including travel time). Upon being excused from the court each day, the employee must return to work if they have more than four (4) hours remaining before the end of their workday.
10.5. Court Leave
Time spent by a employee traveling to/from and attending or appearing in any court or tribunal for any civil or criminal matter where the employee’s attendance results from performance of their official duties as a City employee is considered time worked.
699
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 22 SCEA MOU 2026-2029
10.6. Leaves Reopener
The City of Stockton and SCEA will continue to meet and confer over a citywide legally protected leaves policy.
10.7. Workers’ Compensation Leave
(a) Workers’ Compensation Benefits will be provided in accordance with State law and schedules whenever an employee is absence from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers’ Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck. (b) Forms and Procedures
Workers’ Compensation processing will be consistent with City procedures and in accordance with state Workers’ Compensation regulations. Any employee who sustains a work-related injury or illness will immediately inform their supervisor no matter how minor an on -the-job injury may appear. An employee who susta ins 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 healthcare practitioner prior to sustaining the work -related injury or illness. For a list of Ci ty designated medical care facilities and/or physicians, please contact Human Resources.
10.8. Leave of Absence Without Pay
(a) Entitlement
Employees will not be entitled to a 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 the employee intends to return to work upon the expiration of the leave of absence. The granting of a leave of absence provides the employee the right to return to the position vacated. (b) Approval
All leave without pay must be recommended by the department head and approved by the Director of Human Resources. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service or in the event an application for service-connected disability retirement has been filed. 700
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 23 SCEA MOU 2026-2029
Leaves of absence without pay may only be approved following the expiration of entitlement of sick leave and vacation.
(c) An employee on a leave of absence without pay has an option to participate in the Health benefits plan by monthly prepayment of the required premium to the City. (d) Maternity/Pregnancy/Paternal/Adoption Leave
Family medical leave will be in accordance with the Family Medical Leave Act (“FMLA”) of 1993, the California Family Rights Act (“CFRA”), or Pregnancy Disability Leave (“PDL”) and/or other applicable state and federal laws, all as amended. Consistent with City policy and state and federal law, employees may be required to utilize accrued sick and/or vacation leave during unpaid leaves in certain circumstances.
10.9. 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 cancelled, or at the expiration of a leave, will be considered an Absence Without Official Leave.
(b) Voluntary Resignation
Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as reasonably determined by the Director of Human Resources will be deemed to have voluntarily resigned from the City. An employee must provide a written statement to the Human Resources Department regarding a “satisfac tory explanation,” within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee’s last known address.
ARTICLE 11. DAYS AND HOURS OF WORK
11.1. Workweek
(a) The normal workweek for employees in this unit consists of a “5/40” work schedule (i.e. five (5) consecutive eight (8) hour workdays for a total of forty (40) hours in a seven (7) day work period) or a “9/80” work schedule (i.e. eight (8) nine (9) -hour workdays plus one (1) 8-hour workday consisting of eighty (80) hours worked in a fourteen (14) days; the seven (7) day work period on the 9/80 schedule is defined as mid -shift Friday to mid -shift Friday). Where operational requirements of a department require deviations from the present schedule, the department head 701
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 24 SCEA MOU 2026-2029
with concurrence of the Director of Human Resources and the approval of the City Manager, may institute alternate work schedules provided that such schedules conform to work period requirements of Fair Labor Standards Act and the City meets and confers with SCEA concerning the proposed schedule change(s) before implementation.
(b) Employees occupying part-time positions will work such hours and schedules as the department head will prescribe.
11.2. Meal Periods and Rest Periods
(a) Employees will receive a one (1) hour or a thirty (30) minute meal period without pay each day and a fifteen (15) minute paid rest period during the first half of the workday and a second fifteen (15) minute paid rest period during the second half of the workday. Employees will be completely relieved of duty during t he unpaid meal periods. Employees who exceed the time limits prescribed above for lunch and/or rest periods will have their pay reduced accordingly. (b) Notwithstanding paragraph (1) above, Police and Fire Telecommunicators, Code Enforcement Officers, Police R ecords Assistants, Community Service Officers, and Evidence Technicians may be relieved from duty and receive a paid meal period with written approval from the Chief’s Office. Employees in the classifications above who receive written approval for paid mea l periods are expected to stay at the worksite or otherwise remain available to work during the meal period when needed, as applicable to the nature of their assignment.
11.3. Hourly Employees
(a) Employees working nineteen and one -half (19 .5) hours a week or less (substitutes), may only work a total of 1,014 hours or less during any twelve (12) month period.
(b) SCEA will be provided with a listing of all nineteen and one -half (19.5) hours or less employees related to classifications within this bargaining unit. This listing will be provided quarterly.
(c) Overtime will not be worked by nineteen and one -half (19 .5) hour or less employees (substitutes), if full -time or regular part -time employees are available for such overtime work.
11.4. Regular Part-Time Employees
(a) Regular part-time employees (those employees regularly scheduled to work 20 hours or more per week) will be provided prorated sick leave and vacation benefits 702
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 25 SCEA MOU 2026-2029
according to existing practice; will be eligible to participate in health and welfare benefits on a prorated basis according to provisions of this MOU and will receive merit increases based upon the proration of time worked to the total hours in a full year of employment.
(b) The City will not employ hourly personnel in order to reduce the number of regular part-time employees which existed at the execution of this MOU.
11.5. Job Sharing
(a) Any two regular status full -time employees within the same department holding positions in the same classification may petition their department head in writing to allow them to share one (1) of said positions.
(b) The approval of a job share position will be at the sole discretion of the City and must be approved in writing by the Director of Human Resources prior to implementation. The entrance into and termination of such job sharing will be at the sole discretion of the City.
(c) Employees who request and have approved job -sharing arrangements will be entitled to the rights and benefits which accrue to regular part-time employees.
11.6. Reporting to Work
(a) Repeated failure to report to work on time may r esult in appropriate discipline as set forth below:
(1) For the first time in a six (6) month period, a Memorandum of Discussion. (2) For the second time within a six (6) month period, a Letter of Reprimand. (3) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more incidents occur within a six (6) month period, the employee may be discharged.
(b) If an employee reports to the worksite after the designated starting time, the employee will be paid only for time actually worked; however, the employee may be allowed to utilize vacation leave for lost pay, provided the employee’s supervisor approves.
(c) Any Memorandum of Discussion or Letter of Reprimand regarding tardiness which is more than eighteen (18) months will not be c onsidered in any subsequent discipline.
703
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 26 SCEA MOU 2026-2029
11.7. Shift Bidding
Employees in the Police Department who work on a twenty-four (24) hour shift schedule will be allowed to bid on shift preference on the basis of seniority within class. The shift selected in this manner will remain in effect for twelve (12) months, except in cases of emergency or workload requirements.
ARTICLE 12. OVERTIME
12.1. Overtime Authorization
All compensable overtime must be authorized by the department head or their designated representative in advance of the overtime being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made o n the next regular working day following the date on which the overtime was worked.
12.2. Definition
The following provisions pertaining to authorized or statutorily required overtime work will apply to FLSA non-exempt employees:
(a) Unless otherwise provided below, statutory overtime will be paid on time worked in excess of forty (40) hours in any seven (7) day FLSA work period. Such overtime will be paid at one and one-half (1½) times the employee’s regular rate of pay.
Observed holidays, vacation, floating holida ys, jury duty leave, bereavement leave, and sick leave are considered as time worked.
(b) Fire Telecommunication employees who have traded their normal work shift with another employee are not eligible for overtime for the hours that were their normal hours of work. Shift trades will be cancelled if an employee is required to work mandatory overtime.
12.3. 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.
12.4. Rest Period During Overtime
After each three (3) hour segment of overtime contiguous to a regular shift, an employee will be granted a fifteen (15) minute paid rest period. 704
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 27 SCEA MOU 2026-2029
12.5. Compensatory Time Off (CTO)
(a) Definition
Compensatory Time Off (CTO) is paid time off earned and accrued by an employee for overtime worked, in lieu of immediate cash overtime compensation. (b) CTO in Lieu of Overtime Compensation
Employees may voluntarily elect to receive overtime compensation in the form of CTO at a rate of one and one-half (1½) hours of CTO for each hour of overtime. (c) Use
Use of CTO will be scheduled with due consideration for the wis hes of the employee and so as to not interfere with the normal operation of City business.
Approval of requests for use of CTO will be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Maximum Accrual
No more than eighty (80) hours of CTO may be accrued at any time. Once the maximum number of CTO is accrued, all further overtime worked will automatically be paid to the employee.
12.6. Exempt Status of Classifications
The classifications list ed in Appendix “A” are exempt from overtime as provided by the Fair Labor Standards Act and are considered Exempt in the City’s pay policies.
ARTICLE 13. HOLIDAYS
13.1. Qualifying for Holiday Pay
All regular status employees will be entitled to take the holiday benefit on full pay not to exceed the employee’s regular workday for any one (1) holiday. For an employee working on a 4/10, 9/80 or 12-hour workday plan, holidays will be paid equivalent to the employee’s regularly scheduled work hours (e.g., 9 hours for 9-hour day or 8 hours on an 8-hour day on the 9/80 schedule, or 12 hours of holiday pay for 12-hour shift.) 705
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 28 SCEA MOU 2026-2029
13.2. Holidays Observed by the City
(a) Employees will receive the following holiday on full pay for each of the below listed holidays. Unless otherwise provided in this section, the City observes the following holiday on the dates indicated:
Observed Holiday
(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) The Friday after Thanksgiving
(12) December 25 Christmas Day
(b) For employees on a Monday through Friday workweek, if holidays fall on a Sunday, the following Monday will be observed. If holidays fall on Saturday, the preceding Friday will be observed.
(c) For employees in the Police Department on a shift schedule, holidays will be observed on the actual holiday.
(d) In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
13.3. Modification of Observed Holidays
The parties agree to eliminate Lincoln’s Birthday and Washington’s Birthday as recognized holidays and to add Presidents’ Day and Juneteenth as recognized holidays, effective upon agreement to the same holiday changes with the B&C, O&M, T &M, and Water Supervisory Units. No change will be implemented under this provision until agreement has been reached with all identified units.
13.4. 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 time rate of pay. 706
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 29 SCEA MOU 2026-2029
13.5. Birthday Holiday
In 2026, all employees (including Police and Fire Telecommunicators and Fire Telecommunicator Call Takers) who have not already used their birthday holiday leave will accrue one (1) workday of floating holiday hours upon the effective date of this MOU.
13.6. Holiday in Lieu
Police Telecommunications and Fire Telecommunicators classifications i n the police department that are assigned to shifts (phase days), and Fire Telecommunications are in positions that are scheduled to work without regard for the holidays listed above. These employees receive holiday-in-lieu in the amount of five and a half percent (5.5%) of their base hourly rate of pay in lieu of receiving any other form of holiday compensation.
13.7. Holidays for Library Service Division Employees
All regular status employees in positions allocated in the Library Services Division of the Community Services Department will be allowed to take observed holidays, that occur on a Monday as a “floating holiday.” The day off must be scheduled with a superv isor and taken within fourteen (14) days on or after the date of the observed holiday.
13.8. Compensation for Holidays Not Worked
An employee who takes a holiday off on a normally scheduled workday will receive a regular workday worth of holiday pay at their straight time rate of pay. A holiday that falls on an employee’s normally scheduled day off will receive a regular workday worth of holiday pay at their straight time rate of pay.
13.9. Compensation for Holidays Worked
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 time and one half of their regular rate of pay, 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). Prior approval for holiday work must be secured from the department head or designee.
ARTICLE 14. CalPERS Retirement
14.1. Tier 1 – For Employees Hired before December 29, 2012 Employees hired before December 29, 2012, receive the 2% at 55 CalPERS formula with the one (1) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis. 707
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 30 SCEA MOU 2026-2029
These employees receive the following optional CalPERS retirement benefits:
Section 21024 Military Service Credit as Public Service Section 21027 Military Service Credit for Retired Persons Section 20965 Credit for Unused Sick Leave
Section 21574 Fourth Level of 1959 Survivor Benefits
Section 21335 5% Annual Cost of Living Allowance Increase
14.2. Tier 2 – For Employees Hired after December 28, 2012 Employees hired after December 28, 2012, who are classified as a “Classic” member receive the 2% at 60 CalPERS formula with the three (3) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
Section 21574 Fourth Level of 1959 Survivor Benefits
2% Annual Cost of Living Allowance Increase
14.3. Tier 3 PEPRA – For Employees Hired after December 31, 2012 Employees hired after December 31, 2012, who are not classified as a “Classic” member receive the 2% at 62 CalPERS formula with the three (3) year final average compensation period. These employees pay one-half of the total normal cost as determined annually by CalPERS on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
Section 21574 Fourth Level of 1959 Survivor Benefits
2% Annual Cost of Living Allowance Increase
ARTICLE 15. MISCELLANEOUS PAY PROVISIONS
15.1. Uniform Allowance
Employees are required to wear uniforms and receive a uniform allowance of thirty-nine dollars and forty-two cents ($39.42) per pay period:
(1) Fire Telecommunicator I/II;
(2) Fire Telecommunicator Call Taker;
(3) Police Records Assistant (I/II/III);
(4) Police Telecommunicator (I/II);
(5) Police Dispatch Call Taker.
708
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 31 SCEA MOU 2026-2029
(6) Animal Services Assistant;
(7) Animal Services Officer;
(8) Community Service Officer;
(9) Evidence Technician;
(10) Fire Prevention Inspector;
(11) Mail Courier;
(12) Parking Violations Deputy;
(13) Property Clerk;
(14) Senior Animal Services Officer;
(15) Senior Evidence Technician;
(16) Vehicle Abatement Specialist; and
(17) Any other employee required by the City to wear a uniform in the course and scope of employment.
15.2. Standby Pay
Employees assigned to standby duty will be paid three dollars ( $3.00) per hour while assigned to be on standby. Each employee assigned to "standby" is requ ired to carry a mobile phone or other agreed upon communication device while on standby. Standby will be assigned based on departmental policy. An employee will 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 worked for purposes of calculating overtime.
15.3. Call-Back Pay
When an overtime eligible employee is called back to physically return to work from off duty status, the employee will be compensated for a minimum of three (3) hours of pay.
When authorized by the department, overtime eligible employees who are contacted and who provide remote support via telephone, Internet, or network connection will be paid for time worked in fifteen (15) minute intervals. Intervals cannot be compounded or overlapped.
To be eligible for call-back pay, both of the following conditions must be met:
(a) The call-back must occur outside of the employee’s regular work hours; including overtime.
(b) The call-back time worked must not be contiguous to the employee’s regular work hours; including overtime.
709
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 32 SCEA MOU 2026-2029
15.4. Employee Educational Assistance
The City may reimburse employees for job related coursework which has been reviewed by the employee’s supervisor and approved by the employee’s department and the Human Resources Department.
15.5. Mileage Expense Reimbursement
The City will reimburse employees, at the current Internal Revenue Service rate , for utilizing their personal vehicles for City business for travel, which qualifies under the City Manager’s Administrative Directive and for other related travel expenses which qualify under the City Manager’s Administrative Directive.
15.6. Voluntary Court Standby
Employees who voluntarily place themselves on standby for work -related co urt appearances will receive one (1) hour at the regular rate of pay for the a.m. and, if required to remain on standby, one (1) additional hour at the regular rate of pay for the p.m.
15.7. Bilingual Pay
Classifications determined by the department head requiring bilingual translation skills receive bilingual pay in the amount of seventy-three dollars and eighty-five cents ($73.85) per pay period for verbal translation skills, or one hundred and one dollars and fifty -four cents ($101.54) per pay period for verbal and written translation skills . Employees must be certified by the Human Resources Department to qualify for bilingual pay.
15.8. Safety Protective Footwear Allowance
Employees required to wear safety protective footwear are listed in Appendix “B” Safety Protective Footwear and will receive a safety protective footwear allowance in the amount of eleven dollars and fifty -five cents per pay period . The list of classifications and or positions that are required to wear protective footwear may be amended from time to time to reflect changes in the classifications required to purchase footwear.
15.9. Animal Services Protective Equipment and Vaccinations (a) The City will provide at no cost to employees working in Animal Services having contact with animals, Kevlar protective sleeves to prevent animal bite injuries. (b) The City will provide at no cost to employees working in Animal Services having contact with animals, the option to receive rabies vaccinations. Such vaccinations will be arranged to occur on duty without loss of pay to the employee. 710
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 33 SCEA MOU 2026-2029
15.10. Longevity Pay
Employees hired before July 1, 2011, who by July 1, 2011, attained twelve (12) years of continuous employment with the City receive Longevity Pay in the amount of one and one quarter percent (1.25%) of their base rate of pay.
ARTICLE 16. INSURANCE PLANS
16.1. Reopener Clause for Health Insurance
(a) If the City’s general fund revenue forecast exceeds three hundred and eighty million dollars for fiscal year 2028/29, the City will at SCEA’s request to meet and confer regarding premium contributions should medical , dental, and vision insurance premiums for employee -only, employee plus one (1) dependent, or employee plus family increase by more than four percent (4%) in plan year 2029.
16.2. Health, Dental, Vision, and Prescription Benefits (a) Choice of Health Plans
Employees 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. The City will offer two (2) or more medical plans to regular status employees.
(b) Eligibility
Employees will become eligible for medical, dental, and vision insurance on the first day of the month following date of hire. An eligible emplo yee 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) 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.
711
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 34 SCEA MOU 2026-2029
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/de ntal/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) Effective January 1, 2029, the City contributes the following:
a) Up to $1,012.88 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b) 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.
712
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU EXHIBIT 1 Term: July 1, 2026 – June 30, 2029
ADMINISTRATIVE, CLERICAL AND SERVICES UNIT
PROFESSIONAL AND TECHNICAL UNIT
FIRE TELECOMMUNICATIONS UNIT
City of Stockton 35 SCEA MOU 2026-2029
c) Up to $2,448.82 per month toward the cost of the monthl y premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
These contributions are based on full-time employment; regular part-time employees will receive a prorated contribution based on their percentage of full -time emplo yment.
Insurance plan premiums that exceed the City’s monthly contribution will be paid by the employee through payroll deductions. The City will maintain its IRS 125 Plan to allow for employee contributions for medical/dental/vision to be pre-tax premium conversion.
16.3. Long Term Disability insurance
The City will provide, at no cost to the employee, long-term disability insurance coverage.
Plan benefits will be as described in the Plan document, but will include:
(a) Each disability sixty-six and two thirds (66⅔) of salary up to the maximum salary replacement amount as specified in the City’s long-term disability plan. (b) Disability income payments will commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City will continue its normal contribution for employee medical premiums during the ninety (90) days waiting period.
16.4. State Disability Insurance (SDI)
Employees receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
16.5. Life Insurance
The City provides, each employee group term life insurance policy in the amount of fifty thousand dollars ($50,000). In addition, employees can purchase additional voluntary life insurance through their union or through the City’s IRS 125 plan vendor.
ARTICLE 17. SALARIES
17.1. Wages
(a) Effective July 12, 2026, all classifications will receive a two percent (2.0%) Cost of Living Adjustment (COLA) to base pay.
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(b) Effective July 1, 2027, all classifications will receive a two percent (2.0%) COLA to base pay.
(c) Effective July 1, 2028, all classifications will receive a two percent (2.0%) COLA to base pay.
17.2. Market Adjustments
Effective July 12, 2026, all classification s will receive a one and a half percent (1.5%) market adjustment.
Effective July 12, 2026, all Fire Telecommunicator Call Takers and Fire Telecommunicators will receive an additional market adjustment in the amount of four point two-five percent (4.25%) to base pay.
17.3. Salary Upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service will be minimum salary for the class to which that employee is appointed. When circumstances warrant, the Director of Human Resources or Director’s designee may approve an entrance salary which is more than the minimum salary 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 the employee is appointed.
17.4. Salary Step Plan
(a) The first step will be the minimum rate and will be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the Director of Human Resources or Director’s designee may authorize appointm ent above the first step after receiving the recommendation of the department head. The same provision will apply to hourly-paid and part-time employees. (b) If a department head recommends withholding increases to salary steps because an employee has not ach ieved the level of performance required, notice must be received by the Director of Human Resources at least four weeks in advance of the employee’s eligibility date. The affected employee will be furnished a copy of the department head’s recommendation. Failure to abide by the above four-week limitation will not automatically cause a step increase to be granted; however, if an employee does not receive notice by the actual anniversary date, the increase will be automatically granted.
(c) The Salary Schedule consists of nine (9) steps, with five percent (5.0%) between steps one (1) through six (6), and two and a half percent (2.5%) between steps seven (7) through nine (9).
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City of Stockton 37 SCEA MOU 2026-2029
(d) The second step will be paid upon the satisfactory completion of the probationary period.
(e) Steps 3 through 9 will be paid upon the satisfactory completion of one (1) year of service at the prior 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 will be as of that date.
Changes in an employee’s salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee, which date will be as stated in the preceding paragraph.
17.5. Salary Step After Promotion or Demotion
(a) When an employee is promoted from a posit ion 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 will be entitled to the next step in the salary scale of the higher class which is at least five percent (5%) above the employee’s current base salary, except that the next step will not exceed the maximum salary of the higher class. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules will apply.
(b) When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation will be adjusted to the salary pre scribed for the class to which demoted.
(1) If the salary of an employee is reduced for cause or disciplinary reasons, the employee will receive the salary at the step ordered by the Appointing Authority.
(2) If the salary of the employee is reduced through no fault of the employee (i.e., layoff), the employee will be placed at the highest step in the lower salary range that does not exceed the employee’s monthly salary immediately prior to the reduction.
17.6. Salary on Transfer
An employee may be transferred from a class in one department, or to a position of the same class in another department, or to a comparable class, with the approval of both the employee and department heads. In the case of a comparable class, the employee 715
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must be qualified, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question are within one percent (1%) and will consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful completion of pertinent test, that they are qualified for the transfer. If the transfer involves a change from the jurisdiction of one appointing authority to another, both must consent thereto.
17.7. Acting Pay
Any employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that hi gher position, will receive the rate of pay at a step in the range of the higher classification which would have been received if the employee had been promoted into that classification. Such written authorization must be made by the appointing authority a nd must be made prior to the effective date of the acting assignment. Compensation for acting pay will be for the full work shift.
Time in acting status does not normally qualify an employee for future step increases.
17.8. Special Assignment Pay
The City Manager may approve additional compensation in an amount not to exceed one additional salary step for employees assigned for the duration of special assignment to additional duties, responsibilities or hours.
17.9. Temporary Upgrade Pay
Hourly or daily rate of pay upg rade 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.
17.10. Pay Equity Adjustments
The City recognizes that there may be a need for pay equity salary adjustments for selected classifications, as a result of recruitment problems, reclassifications, and/or organizational changes during the year. The City, in its sole d iscretion, may make such pay equity adjustments, but agrees to discuss such changes with SCEA.
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City of Stockton 39 SCEA MOU 2026-2029
ARTICLE 18. VOLUNTARY TRANSFER
An employee may apply for a transfer to a position in the same or comparable classification in accordance with the City Civil Service Rules. In the case of a comparable class, the employee must be qualified, as determined by the Director of Human Resources. Such request must be submitted in writing to the Human Resources Department. The names of such employees together with other eligible applicants, will be forwarded to the department head to fill existing vacancies. Such employees will not be accorded any hiring preference.
ARTICLE 19. SEVERABILITY OF PROVISIONS
If any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum will be null and void but such nullification will not affect any of the other provisions of this MOU, all of which will remain in full force and effect.
ARTICLE 20. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.
This MOU supersedes all existing Memoranda of Understanding and side letters between the City and SCEA.
ARTICLE 21. 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 all matters subject to meeting and conferring. Neither party will, during the term of this MOU, demand any change therein nor will either party be required to negotiate with respect to any matter , provided that nothing herein will prohibit the parties from changing the terms of this MOU by mutual agreement.
ARTICLE 22. NO STRIKE
It is recognized that the need for continued and uninterrupted operation of City ser vices is of paramount importance. SCEA and each employee represented thereby agrees during the term of this MOU, SCEA or any person acting on its behalf, or each employee in a classification represented by SCEA , will not cause, authorize, engage in, encourage, or sanction a strike, unfair labor practice strike, or sympathy strike, work stoppage, slowdown, or refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, 717
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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 t o engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
SCEA 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 of any activity prohibited by Subsection (a) hereinabove, SCEA agrees to take supererogatory steps necessary to assure compliance with this MOU.
ARTICLE 23. DURATION OF AGREEMENT
All provisions of this MOU are effective the date of execution unless otherwise indicated, and will remain in full force and effect to and including June 30, 2029. 718
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IN WITNESS WHEREOF, this Memorandum of Understanding was ratified by a membership vote of SCEA on July __, 2026, and by an affirmative vote of the Stockton City Council on . The parties hereto have executed this Memorandum of Understanding this ____ day of __________.
Stockton City Employees’ Association City of Stockton
___________________________________ _______________________________ Jenny Castillo Hernandez Johnny Ford
President City Manager
___________________________________ _______________________________ Gwendolyn Smith Marie Guillory-Jones
First Vice President Interim Director of Human Resources
___________________________________
Liszet Burgueno
Second Vice President
Approved as to form: Approved as to form:
Rose Law APC
By: By:
___________________________________ _______________________________ Joseph W. Rose Marci Arredondo
Attorney for SCEA City Attorney
By: By:
___________________________________ _______________________________ Mehran Tahoori Michael Jarvis
Attorney for SCEA Negotiator for the City
ATTEST:
_______________________________
Katherine Roland
City Clerk
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EXHIBIT 1
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU
City of Stockton Appendix A SCEA MOU 2026-2029
Appendix “A” FLSA Exempt Job Classifications
Administrative Analyst II
Assessment District Program Coordinator
Assistant Architect
Assistant Civil Engineer
Assistant Engineer
Assistant Engineer/Traffic
Assistant Landscape Architect
Assistant Planner
Assistant Traffic Engineer
Associate Planner
Code Analyst
Economic Development Analyst
Golf Professional
Junior Engineer
Junior Engineer/Traffic
Project Manager II
Project Manager III
Senior Real Property Agent
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EXHIBIT 1
STOCKTON CITY EMPLOYEES’ ASSOCIATION MOU
City of Stockton Appendix B SCEA MOU 2026-2029
Appendix “B” Safety Protective Footwear
1. Assistant Civil Engineer (PW)
2. Assistant Engineer (PW)
3. Customer Service Assistant
4. Engineering Technician I/II (MUD)
5. Project Manager I/II/II
6. Project Clerk
7. Public Workers Filed Specialist
8. Public Works Inspector
9. Animal Services Assistant I/II/III
10. Animal Services Officer
11. Code Enforcement Officer I/II/Senior
12. Combination Inspector I/II/Senior
13. Evidence Technician I/II/Senior
14. Senior Recreation Assistant
15. Recreation Program Coordinator
16. Community Services Officer
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Fund Fund Name
COLA &
Health
Increases
Additional
Steps
Uniform &
Safety
Allowance
Vacation
Sellback Total
$2,497,730 $450,623 $12,675 $713,557 $3,674,585
100 GENERAL FUND 913,750 190,832 7,886 350,767 1,463,235 210 MEASURE M 59,477 12,422 513 22,832 95,244
220 DEV SVS 144,068 30,088 1,243 55,304 230,703
230 HOUSING F 8,077 1,687 70 3,101 12,934
240 GAS TAX 3,231 675 28 1,240 5,174
255 SOLIDWASTE 20,707 4,325 179 7,949 33,159
260 OTH SP REV 10,721 2,239 93 4,115 17,167
270 MAINT DIST 8,811 1,840 76 3,383 14,110
280 SPEC GRANT 4,993 1,043 43 1,917 7,996
290 HOUSING ST 881 184 8 338 1,411
300 GOVT CIP 35,540 7,422 307 13,643 56,911
310 PFF FUND 3,378 705 29 1,297 5,409
400 DEBT SVC 1,028 215 9 395 1,646
500 FLEET 9,399 1,963 81 3,608 15,051
510 TECHNOLOGY 110,290 23,034 952 42,338 176,614
570 REPRO 2,056 429 18 789 3,292
600 WATER 38,183 7,974 330 14,658 61,145
610 WASTEWATER 68,729 14,354 593 26,384 110,060
620 STORMWATER 17,623 3,680 152 6,765 28,221
630 PARK AUTH 7,637 1,595 66 2,932 12,229
FY 2026-27 Budget Amendment for SCEA MOU Changes Effective 7/21/26 EXHIBIT 2
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City of Stockton
Legislation Text
File #: 26-0629, Version: 1
APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE SYSTEMIC INTERSECTION SAFETY IMPROVEMENTS PROJECT (DISTRICT 2, 3, 4)
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Award a Professional Services Contract to W-Trans of Santa Rosa, CA, in the amount of $277,219.06, for design of the Systemic Intersection Safety Improvements, Project No.
WT25052/Federal Project No. HSIPL-5008(226).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Systemic Intersection Safety Improvements project will install multiple safety enhancements and improvements at three intersections: March Lane at Fred Russo Drive, March Lane and Precissi Lane, and Hammer Lane and Montauban Avenue (Attachment A). This project was identified as a high-priority project through the City's recently completed Systemic Safety Analysis Report and Local Road Safety Plan (SSAR/LRSP) analysis and findings. The project is funded by the Highway Safety Improvement Program (HSIP) which is a competitive federal-aid grant program established to achieve a significant reduction in traffic fatalities and serious injuries on all public roads. Caltrans, Division of Local Assistance, manages California’s local agency share of HSIP funds and has authorized the City to proceed with design of the project.
On March 2, 2026, the City advertised a Request for Proposals (RFP) for design of the Systemic Intersection Safety Improvements, Project No. WT25052/Federal Project No. HSIPL-5008(226). On April 6, 2026, three firms submitted a proposal for this project. The Selection Committee evaluated the proposals and found W-Trans of Santa Rosa, CA, to be the most qualified firm to perform the scope of work for design services on this project.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $277,219.06 with W-Trans for design services. It is anticipated that the design will be completed by June 2027.
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File #: 26-0629, Version: 1
DISCUSSION
Background
The HSIP is a competitive federal-aid grant program established to achieve a significant reduction in traffic fatalities and serious injuries on all public roads. These projects focus on infrastructure that become a priority based on identifiable collisions that could be reduced through safety countermeasures. Caltrans, Division of Local Assistance, manages California's local agency share of HSIP funds. The City submitted grant applications for multiple projects during the Cycle 12 funding period. The Systemic Intersection Safety Improvements project was submitted and awarded Cycle 12 HSIP funding.
The Systemic Intersection Safety Improvements project was identified as a high-priority project through the City's recently completed SSAR/LRSP analysis and findings. The project focuses on the following three specific intersections: March Lane at Fred Russo Drive, March Lane and Precissi Lane, and Hammer Lane and Montauban Avenue. The intersections along these heavily traveled primary arterials link key commercial and institutional destinations. The existing intersections are signalized but lack dedicated left-turn signal controls along the intersecting side streets of Precissi Lane, Fred Russo Drive, and Montauban Avenue. In addition, more proactive pedestrian safety measures are warranted.
The project will apply HSIP recognized and funded correctable countermeasures that address the recorded collision history at these intersections.
The project will install intersection safety improvements that address vehicular, pedestrian, and bicycle safety by installing: 1) protected left-turn signals along the intersecting side streets; 2) larger signal heads; 3) high-visibility crosswalks; 4) Accessible Pedestrian Signals and safer signal timing for pedestrians; and 5) video detection systems for signal operation (Attachment A).
Caltrans administers the HSIP program and has allocated $297,000 in federal funds for design of the project. The City’s required local match is $33,000. The combined federal and local funding amount of $330,000 will cover the costs for design, administration, and contingency. A separate authorization to proceed will be required for construction in the future. Public outreach for the project will be performed during the design of the project.
Present Situation
On March 2, 2026, the City advertised an RFP for design of the Systemic Intersection Safety Improvements, Project No. WT25052/Federal Project No. HSIPL-5008(226). On April 6, 2026, three proposals were received from the following firms:
· W-Trans (Santa Rosa, CA)
· Kimley-Horn (Oakland, CA)
· TJKM (Pleasanton, CA)
The Selection Committee evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of work, qualifications of proposed team, capability of developing City of Stockton Printed on 7/16/2026Page 2 of 3
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File #: 26-0629, Version: 1
innovative or advanced techniques, familiarity with federal transportation funding procedures, and technical ability.
W-Trans received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $277,219.06 with W-Trans for design services. The fee is approximately 15 percent of the estimated construction cost, which is reasonable for a project of this type and complexity. A total of $330,000 in federal and local funding is available for design, administration, and contingency costs. The federal funding has been programmed in the 2026-31 Five-Year Capital Improvement Program.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $277,219.06 with W-Trans for design services of the Systemic Intersection Safety Improvements, Project No. WT25052/Federal Project No. HSIPL-5008 (226) (Attachment B). It is anticipated that the design will be completed by June 2027.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff resources to design this project.
2. The scope of design services requires an engineering firm experienced in the design of traffic safety improvements.
3. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There are sufficient funds available in the Systemic Intersection Safety Improvements, Project No.
WT25052/Federal Project No. HSIPL-5008(226), to award a Professional Services Contract to W- Trans in the amount of $277,219.06.
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
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HAMMER LANE
MARCH LANE
WATERLOO ROAD
UPRR MONTAUBAN AVE
WEST LANE
UPRR
PRECISSI LN
FRED RUSSO DR
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT A
SYSTEMIC INTERSECTION SAFETY IMPROVEMENTS,
PROJECT NO. WT25052/FEDERAL PROJECT NO. HSIPL-5008(226)
PROJECT LOCATIONS
VICINITY MAP
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Professional Services Contract – W- Trans – Systemic Intersection Safety Improvements, Project No.
WT25052/Federal Project No. HSIPL-5008(226) (Updated 10/18/23)
PROFESSIONAL SERVICES CONTRACT
(for federal aid projects)
T
HIS CONTRACT is entered into this day of 2026, between the CITY OF STOCKTON, a municipal corporation (“City ”), and W- TRANS whose address is 490 MENDOCINO AVE, STE 201, SANTA ROSA, CA 9540 1 (“Consultant”) for the SYSTEMIC INTERSECTION SAFETY IMPROVEMENTS, PROJECT NO.
WT25052/FEDERAL PROJECT NO. HSIPL -5008(226), hereinafter referred to as “Project”.
RE
CITALS
A. C
onsultant represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. C
ity finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NO
W THEREFORE , in consideration of the mutual promises, covenants and conditions in this Contract, City and Consultant agree as follows:
1. SC
OPE OF SERVICES . Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in EXHIBIT A. Consultant shall provide said services at the time, place, and in the manner specified in EXHIBIT A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. CO
MPENSATION. City shall pay Consultant for services outlined in EXHIBIT A according to the fee not to exceed the schedule detailed in EXHIBIT B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exc eed $277,219.06 or as otherwise mutually agreed to in a Contract Amendment.
3. I
NSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached EXHIBIT D and shall otherwise comply with the other provisions of EXHIBIT D.
4. I
NDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or