CITY OF UNION CITY
MEMORANDUM OF UNDERSTANDING
UNION CITY
POLICE MANAGEMENT ASSOCIATION
EFFECTIVE DATES: January 1, 2025 to December 31, 2027
2 Table of Contents
PREAMBLE ........................................................................................................................................................................... 4 SECTION 1.00 GENERAL PROVISIONS ............................................................................................................................ 4 A. City Rights .................................................................................................................................................................... 4 B. Recognition ................................................................................................................................................................... 4 C. Association Rights ........................................................................................................................................................ 4 D. Non-Discrimination ...................................................................................................................................................... 4 SECTION 2.00 LEAVE .......................................................................................................................................................... 5 A. Administrative Leave ................................................................................................................................................... 5 B. Bereavement Leave ...................................................................................................................................................... 6 C. Jury Leave .................................................................................................................................................................... 6 D. Military Leave ............................................................................................................................................................... 6 E. Personal Leave .............................................................................................................................................................. 6 F. Unpaid Leave of Absence .............................................................................................................................................. 7 G. Family Leave ................................................................................................................................................................. 7 H. Sick Leave ..................................................................................................................................................................... 7 I. Occupational Injury Leave ............................................................................................................................................ 7 SECTION 3.00 VACATION .................................................................................................................................................. 8 SECTION 4.00 HOLIDAYS .................................................................................................................................................. 9 SECTION 5.00 EDUCATIONAL INCENTIVE .................................................................................................................... 9 SECTION 5.01 TUITION REIMBURSEMENT .................................................................................................................... 9 SECTION 5.10 BILINGUAL COMPENSATION ............................................................................................................... 10 SECTION 6.00 INSURANCE COVERAGE ....................................................................................................................... 10 A. Health and Welfare Coverage ..................................................................................................................................... 10 B. Life Insurance ............................................................................................................................................................. 10 C. Deferred Compensation Plan ...................................................................................................................................... 11 SECTION 7.00 UNIFORMS ................................................................................................................................................ 11 SECTION 8.00 RETIREE MEDICAL PLAN ...................................................................................................................... 11 Premium Reimbursement Benefit - Employees Hired Prior to January 1, 2013* ............................................................. 11 Premium Reimbursement Benefits- Employees Hired On or After January 1, 2013* ...................................................... 12 Employee Contributions ................................................................................................................................................... 12 City Contributions ............................................................................................................................................................. 12 Medicare Eligible Retirees and Spouses ........................................................................................................................... 12 SECTION 9.00 SALARIES .................................................................................................................................................. 12 A. Longevity Pay ............................................................................................................................................................. 12 B. Advancement in Pay ................................................................................................................................................... 13 C. Cost of Living Adjustment .......................................................................................................................................... 13 D. Market Equity Adjustments ........................................................................................................................................ 14 E. Comparable Compensation Surveys ........................................................................................................................... 14
3 F. Acting Pay ................................................................................................................................................................... 15 G. Salary Step Schedule .................................................................................................................................................... 15 SECTION 9.10 PROMOTIONS ........................................................................................................................................... 15 SECTION 10.00 RETIREMENT .......................................................................................................................................... 16 SECTION 11.00 RETIREMENT BENEFITS ...................................................................................................................... 17 SECTION 12.00 WORK SCHEDULES ............................................................................................................................... 17 SECTION 13.00 SEPARABILITY ...................................................................................................................................... 18 SECTION 14.00 DURATION .............................................................................................................................................. 18
4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UNION CITY AND
THE UNION CITY POLICE MANAGEMENT ASSOCIATION
PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Management Association ("Association") entered into this Memorandum of Understanding ("Memorandum of Understanding" or "Agreement"). This Memorandum of Understanding constitutes the full and complete agreement between the parties on all items falling within the scope of representation. The provisions set forth herein shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum of Understanding.
SECTION 1.00 GENERAL PROVISIONS
A. City Rights
Except as specifically restricted by an express provision of this Agreement, the City retains all management rights and prerogatives. Neither these rights, nor their exercise shall be subject to the grievance or arbitration mechanisms of this Agreement.
B. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of Police Captain and Police Lieutenant.
C. Association Rights
The City recognizes the rights of the Association to police this Agreement, assist its members in resolution of grievances, and participate in the negotiation of this and future Agreements. In recognizing these rights, the City shall provide reasonable time for the negotiating of this and future memoranda No other Association business shall be conducted on City time without prior approval of the Police Chief.
The City shall not provide access to copy machines, telephones or other equipment that is the sole possession of the City of Union City without prior approval from the Police Chief.
D. Non-Discrimination
The City and the Association agree that they will not discriminate based on any category protected under state or federal law, including but not limited to, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, denial of medical and family care leave, military/veteran, political affiliation or for union activity.
5 SECTION 2.00 LEAVE
A. Administrative Leave
In lieu of paid overtime, Police Managers shall receive one hundred twenty (120) hours of Administrative Leave at the beginning of each fiscal year. The guidelines for making use of Administrative Leave will be as follows:
1. Employees shall submit a Time Off Request Form requesting time off under Administrative Leave provisions. Such requests shall be submitted directly to the employee's immediate supervisor. The request will be approved or denied based upon operational needs.
2. The use of Administrative Leave is not automatic and is subject to approval as stated above.
3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1st to June 30th.
4. Unused Administrative Leave may be accumulated up to a maximum of two (2) times the annual accrual rate of one hundred twenty hours (120) per fiscal year.
Under the following conditions employees may make an irrevocable election to sell back to the City up to one hundred twenty (120) hours of accrued administrative leave per fiscal year at the employee’s base rate of pay. To remain eligible for distribution, the following must be true:
• The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months. Employees that have been unable to take time off due to statutory leave (e.g., 4850, military leave, etc.) lasting at least three (3) months during the preceding twelve months are exempt from this requirement.
• The employee must have a remaining balance of vacation leave of at least forty (40) hours following the sell back.
These criteria are evaluated at the end of the eleventh (11th) pay period of each calendar year.
Requests to sell back administrative leave must be received by Human Resources no later than December 31of each year, for the following year’s election and will be paid out prior to the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
5. Employees shall receive cash payment on a pro-rated basis for unused Administrative Leave at the time of separation or upon the start of an extended leave from City employment (e.g., military duty, etc.). Said payment shall be based upon the employee's accrued Administrative Leave hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.
6 6. Administrative Leave for employees hired after July 1st will be prorated.
7. Employees may not use Administrative Leave during their first six months of service.
Exception to this policy may be granted on a case-by-case basis by the Police Chief and City Manager.
B. Bereavement Leave
Employees may be granted paid bereavement leave, not to exceed five (5) workdays, (days may be taken non-consecutively) upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, father-in-law, sister-inlaw, brother-in-law, stepmother, stepfather, stepchild, domestic partner, individuals residing in the household for whom the employee has legal guardianship, or any other individual as required by law.
In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).
C. Jury Leave
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Verification of jury duty attendance is required upon returning to work. The juror badge attached to the jury duty summons does not qualify as verification of attendance.
D. Military Leave
Military Leave shall be granted in accordance with the provisions of State law. All employees entitled to Military Leave shall give their department head an opportunity within the limits of military requirements to determine when such leave shall be taken.
E. Personal Leave
The City will convert twenty (20) hours, per fiscal year, of accumulated sick leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours.
In order for sick leave to be converted, the employee needs a balance of 20 or more hours of sick leave on July 1 of each year. If the employee has less than 20 hours of sick leave available, then the employee is not eligible for conversion. An additional ten (10) hours will be allowed for those employees who have an accumulated sick leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of thirty (30) hours per fiscal year. An additional ten (10) hours will be allowed for those employees who have accumulated a sick leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a total of forty (40) hours per fiscal year.
Every year, the Finance Department will convert the appropriate number of hours by the end of August unless the employee makes a request in writing to opt out of the conversion to the Finance Department by July 15.
Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave.
7 F. Unpaid Leave of Absence
The City Manager may grant, for the good of the service, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager.
Upon expiration of such a leave, the employee will be reinstated to the position held at the time leave was granted and said employee shall retain their seniority rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the Leave of Absence shall terminate their right to be reinstated. Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.
Employee is fully responsible for all premiums of benefits while on an approved leave of absence.
G. Family Leave
The City shall comply with all provisions of the Federal Family and Medical Leave Act and the California Family Rights Act, including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.
H. Sick Leave
Employees shall earn eight (8) hours per month of Sick Leave without limit on accumulation.
Employees shall be allowed to convert up to eighty (80) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a sick leave balance of four hundred eighty (480) hours or more.
Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year, as requested by the employee.
Sworn employees will receive credit for sick leave accrued from their most recent employer up to a maximum of four hundred and eighty (480) hours, upon verification by Union City and the previous employer agency, as needed. This will only apply to sick leave accrued, and not paid out, from the most recent employer.
I. Occupational Injury Leave
For employee injury or disability, the provisions of the State Workers’ Compensation Act and other applicable laws pertaining to sworn personnel shall apply.
8 SECTION 3.00 VACATION
Employees shall receive vacation benefits in accordance with the following schedule and provisions effective January 1, 2022:
Years of Service Pay Period Accrual Annual Accrual Rate 0-3 years 3.08 hours 80 hours
4-8 years 4.62 hours 120 hours
9-12 years 5.38 hours 140 hours
13-15 years 6.15 hours 160 hours
16+ years 7.69 hours 200 hours
Employees may accumulate up to 560 hours of vacation.
The City recognizes 50% of a sworn employee’s years of service with another agency as a Penal Code Section 830.1 peace officer, rounded up or down, to the nearest six (6) month period beginning at two full years of service or more with another agency, for calculating benefits identified in this Section.
Under the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per fiscal year at the employee’s base rate of pay.
To remain eligible for distribution, the following must be true:
• The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months. Employees that have been unable to take time off due to statutory leave (e.g., 4850, military leave, etc.) lasting at least three (3) months during the preceding twelve months are exempt from this requirement.
• The employee must have a remaining balance of at least forty (40) hours of accrued vacation leave following the sell back.
These criteria are evaluated at the end of the eleventh (11th) pay period of each calendar year.
Requests to sell back vacation leave must be received by Human Resources no later than December 31 of each year, for the following year’s election and will be paid out prior to the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
Employees may cash out up to 320 hours of vacation at the time of their separation from the City; any leave accruals above 320 hours at separation must be taken as time off or forfeited. Employees shall receive cash payment for unused Vacation Leave at their current base salary rate at the time of separation or upon the start of an extended leave from City employment
9 SECTION 4.00 HOLIDAYS
Police Managers will receive one-hundred forty-four (144) hours of Regular Holiday time each fiscal year. The Regular Holiday time must be taken as a cash benefit equivalent to one hundred forty-four hours of pay calculated at the employee's base salary rate which will be paid out in equal payments each pay period.
The Holiday Pay benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571(a)(5).
Police Managers will also receive twenty (20) hours of Floating Holiday time at the beginning of each fiscal year. The Floating Holiday hours must be used within the fiscal year earned and may not be accumulated or cashed out.
SECTION 5.00 EDUCATIONAL INCENTIVE
Police Managers meeting the below listed educational requirements will receive an additional five percent (5%) in base salary.
Bachelor's Degree or higher, in conjunction with the successful completion of one of the following additional educational courses:
Senior Management Institute for Police (SMIP)
POST Command College
FBI National Academy
West Point Leadership Program
POST Management School
Possession of a Master's Degree
The Educational Incentive benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(2).
SECTION 5.01 TUITION REIMBURSEMENT
When an employee voluntarily and with prior approval of the Police Chief and Finance Director undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training and required textbooks or manuals. The reimbursement will be limited to an aggregate annual cap of $9,000 for all Police Management Association members to be distributed by the Association with City Manager approval. Where the education or training program is of unusual value and cannot be scheduled during the employee’s off hours, the employee may be excused at no loss of pay.
10 SECTION 5.10 BILINGUAL COMPENSATION
The City will compensate each bilingual Police Manager forty-six dollars and fifteen cents ($46.15) per pay period. All employees requesting compensation under this agreement must pass a City test.
The test will examine the employee's ability to converse fluently in a language other than English.
No additional compensation will be paid to employees fluent in more than one language.
Compensated employees agree to utilize their bilingual skills whenever called upon.
The Bilingual Compensation benefit is special compensation that is added to the employee's base salary as listed in the Public Employees Retirement Law; Section 571 (a)(4).
SECTION 6.00 INSURANCE COVERAGE
A. Health and Welfare Coverage
If employees choose to receive medical and dental benefits through the City's group plans, they must either pay the City directly for the benefits or sign an agreement permitting the City to deduct the cost of such benefits from their paychecks. For employees enrolled in a PERS health plan through the City, the City shall pay the minimum contribution for such health benefits required under PEMHCA.
The City agrees to provide up to Two Thousand, One Hundred and Twenty-Five dollars ($2,125) per month to each employee to pay for medical, dental, vision and long-term disability insurance costs.
Employees who are covered for medical benefits through an alternative medical insurance plan (e.g., coverage through a spouse, domestic partner, parent, etc.) may elect not to enroll in a City group medical plan. Employees electing this option shall provide proof of medical coverage to the City.
In lieu of medical coverage, the City will contribute to the employee's deferred compensation account, or add to salary, Three Hundred and Fifty dollars ($350.00) per month. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of alternate medical coverage.
The City agrees to advance the cost of health premiums (medical and dental coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six (6) months of return to work or upon termination.
If employees choose to receive vision care insurance through the City's group plans, they must either pay the City directly for the benefit or sign an agreement permitting the City to deduct the cost of such benefits from their paychecks.
B. Life Insurance
Life Insurance coverage for Police Managers is as follows: $100,000 for life insurance and $100,000 for accidental death or dismemberment. Supplemental life insurance is also available, the cost of which shall be borne by the employee.
11 C. Deferred Compensation Plan
For the duration of this agreement, the City agrees to contribute one hundred dollars $100.00 per month to a pre-tax 40l(a) Deferred Compensation Plan.
All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.
SECTION 7.00 UNIFORMS
Police Managers shall receive Uniform Allowance of $1,250 per year which shall be paid in equal cash payments each pay period. The Uniform Allowance benefit is special compensation that is added to the employee's base salary as listed in the Public Employee Retirement Law; Section 571(a)(5).
SECTION 8.00 RETIREE MEDICAL PLAN
Premium Reimbursement Benefit - Employees Hired Prior to January 1, 2013* Retirees are not required to continue in the existing City or Association medical health plans upon retirement. Retirees shall receive the benefit monies under this Section in monthly payments. The City will annually require appropriate documentation to verify the cost employees are paying for medical coverage. Because of the documentation required, the City will not provide retirees a 1099R form.
Beginning July 1, 2002, the following benefit will be available:
After fifteen (15) years of combined service with the City, as a member of the UCPOA and UCPMA - Fifty percent (50%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single + one benefit, to a maximum of $1,000 per month.
After twenty (20) years of combined service with the City, as a member of the UCPOA and UCPMA - Seventy five percent (75%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single + one, to a maximum of $1,500 per month.
After twenty-five (25) years of combined services with the City as a member of the UCPOA and UCPMA - One hundred percent (100%,) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single + one to a maximum of up to $2,000 per month.
For those who retire after ratification of this Memorandum of Understanding fifty percent (50%) of the above benefit will continue to any eligible surviving spouse or domestic partner, as long as the surviving spouse or domestic partner does not re-marry or enter into another domestic partnership recognized under California law.
12 Premium Reimbursement Benefits- Employees Hired On or After January 1, 2013* After fifteen (15) years of combined service with the City, as a member of the UCPOA and UCPMA - Fifty percent (50%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single benefit to a maximum of $500 per month.
After twenty (20) years of combined service with the City, as a member of UCPOA and UCPMA – Seventy-five percent (75%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single benefits, to a maximum of $750 per month.
After twenty-five (25) years of combined service with the City, as a member of the UCPOA and UCPMA - One hundred percent (100%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single benefit, to a maximum of $1,000 per month. * Employees do not receive Years of Service credit with another employer for purposes of calculating retiree medical premium reimbursements pursuant to this Section.
Employee Contributions
Bargaining unit members will contribute sixty dollars ($60) per pay period to the Union City Retiree Medical Fund.
City Contributions
The City will contribute annually to the fund an amount reasonably necessary to fund the above benefit.
Medicare Eligible Retirees and Spouses
Retiree Medical Benefits shall be available until such time as the retiree or spouse is eligible for Medicare, at which time the retiree medical plan benefits shall be limited to Medicare Supplemental Benefit of the CalPERS plans.
When a retiree's spouse is a full-time employee of Union City, the retiree medical benefit shall commence when their spouse either retires or leaves employment with the City. At no time shall retiree and spouse receive double retiree medical benefits either as an active employee and retiree or when both employee and spouse are retired.
SECTION 9.00 SALARIES
A. Longevity Pay
The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion of their twelfth year of permanent full-time service as a sworn police officer. Such payments will commence with the first pay period after the employee's 12th anniversary as a full-time sworn police officer. The City shall credit all years of service as a Penal Code Section 830.1 peace officer towards the experience thresholds for longevity pay.
13 B. Advancement in Pay
Step Increase Reviews shall provide the means through which a bargaining unit member is evaluated and assigned to an appropriate salary level within his or her classification.
These reviews shall be completed separately before a Scheduled Step Increase. The following shall establish schedules, criteria and guidelines for Step Increase Reviews:
1. Scheduled Step Increases:
Bargaining unit members are eligible to receive Step Increases after meeting the following Time-inStep Requirements.
STEP TIME-IN-STEP REQUIREMENT
1 6 months
2 6 months
3 12 months
4 12 months
5 N/A
If warranted for the good of the service or when an employee demonstrates outstanding performance of their duties, that employee may be advanced in step prior to the completion of the above Time-inStep Requirements and/or may be advanced more than (1) step. Such exceptions are contingent upon recommendations of the department head and approval of the City Manager.
If an employee is on leave without pay for more than one (1) month, the time on leave shall be deducted from the employee's accumulated Time-in-Step.
Step Increases, however, shall not be granted solely because an employee is eligible according to the above Time-in-Step Requirements. Eligibility is also dependent upon satisfactory job performance as determined by employee's supervisor.
C. Cost of Living Adjustment
Effective the first full pay period following January 1, 2025, the City shall increase the salaries for all bargaining unit members by three percent (3.0%).
Effective the first full pay period following January 1, 2026, the City shall increase the salaries for all bargaining unit members by three percent (3.0%).
Effective the first full pay period following 1, January 2027 the City shall increase the salaries for all bargaining unit members by three percent (3.0%).
14 D. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide all bargaining unit members an additional equity adjustment that does not exceed 4% each year so that a compaction issue does not occur between sworn classifications. The UCPMA shall receive the same equity adjustments that the sworn classifications of UCPOA receive each year in their contract.
E. Comparable Compensation Surveys
Internal compensation surveys - In prior negotiations, the parties have used a 15% Total Compensation differential between Sergeant and Lieutenant positions and between Lieutenant and Captain positions.
Compaction surveys between Sergeant and Lieutenant positions will either include the average overtime and compensation time earned for Sergeants or exclude Administrative Leave for Lieutenants.
External compensation surveys - designed to compare total compensation between Union City Police Department Lieutenants and Captains and similar ranks of the established benchmark cities (Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, San Leandro) shall include, at a minimum, the following criteria:
Total Salary Categories:
• Maximum monthly base salary
• Uniform Allowance
• Holiday Pay
• Educational Pay
Total Benefits Categories will be agreed upon by the parties prior to subsequent negotiations in determining the components that will be included in the Salary Compensation Study.
Examples:
• PERS EPMC (Employer Paid Member Contribution)
• PERS (Normal Cost)
• Deferred Compensation (Employer Paid)
• Medical
• Vision
• Dental
• OASDI
• Medicare
• Life Insurance
• LTD/STD
• Admin Leave and Overtime in cities where Lieutenants receive overtime compensation • Special Management Benefits
Criteria may be modified in the salary surveys as mutually agreed upon by the CITY and UCPMA.
15 F. Acting Pay
Employees who are assigned by the Police Chief or their designee to assume the duties of a position of higher classification and have been assigned and worked for one full shift or more shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary. For purposes of acting pay compensation, it is the assigned employees’ responsibility to submit a memo listing the dates and hours worked to the Police Chief through the chain of command.
Assignment of employees to serve in an acting capacity shall be based upon methods determined at the sole discretion of the Police Chief.
Nothing in this section shall limit the authority of the Police Chief or designee to assign employees temporarily to a position of higher classification for the purpose of providing specific training in the work of the higher classification. Such temporary training assignments shall not constitute service in an acting capacity and shall not create entitlements to acting pay.
Additional compensation shall not apply to employees assigned to a modified duty assignment pending recuperation from an industrial or non-industrial injury or illness.
Employees who qualify for acting pay shall be compensated at their acting pay salary level during periods of approved leave with pay during which they could otherwise be performing the duties of the higher classification, if not for being on such approved leave with pay. In the event an employee performing such acting assignment is absent from work because of illness or injury, the City may replace said employee with another employee to perform the acting assignment, or, after five (5) consecutive days of such absence, the City may terminate the employee’s acting assignment designation and the additional compensation provided therefore.
G. Salary Step Schedule
Salary Step increases shall be implemented in the following manner:
An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.
An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have his/her step increase implemented on the first day of the following pay period.
SECTION 9.10 PROMOTIONS
In the case of promotions within the bargaining unit, the City agrees to pay the promoted employee a minimum of five percent (5%) above the top step salary for the position from which the employee was promoted. The City shall use the promoted employee’s base salary and any incentive pay they were receiving to determine the employee’s salary and proper step placement. Incentive Pay may include Specialty Pay and Educational Pay.
16 SECTION 10.00 RETIREMENT
The City shall contract with the California Public Employees' Retirement System to provide for the following retirement benefits as are currently referenced to Sections from the Government Code:
1. 3% @Age 50 Benefit Formula as provided in Section 21362.2.
2. Indexed Level of the 1959 Survivor Benefit as provided in Section 21571 Level 1.
3. One-Year Fiscal Compensation as provided in Section 20042.
4. Prior Service Credit as provided in Section 20055. This is service rendered by the employee prior to the effective date of the contract with CalPERS.
5. Removal of Exclusion as provided in Section 20503. Positions that were previously excluded from membership may now be eligible for membership when requirements for membership are met. Previously excluded members may elect to purchase earlier service as "public service."
6. Pre-Retirement Option 2 as provided in Section 21548. Upon the death of a member who was eligible to retire, the spouse may receive an allowance equal to the amount the member would have received if the member had retired for service retirement on the date of death and elected Option 2W.
7. Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.
8. Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.
9. Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004% years of service for each day of sick leave provided there is less than 120 days between the member's separation date and retirement date.
10. Non-Industrial Disability pursuant to Section 21427, providing an annuity equal to30% of final compensation with five years of service increasing 1% for each year in excess of five years to a maximum of 500/o of final compensation.
11. One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant to Section 21620.
12. COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329.
13. Two Years Additional Service Credit to employees who retire within a specified period provided in Government Code Section 20903.
Pursuant to the provisions of Section 20691 of the California Government Code, the City shall pay the employee contribution (9%) in the employee's name to the Public Employees' Retirement System.
Such payments shall be implemented pursuant to the provisions of Section 20636 (c)(4) of the California Government Code, and reported to the Public Employees' Retirement System as compensation earnable.
17 SECTION 11.00 RETIREMENT BENEFITS
The City agrees to continue providing retirement benefits with the Public Employees Retirement System ("PERS") using the "single highest year'' formula (Government Code Section 20042) with full reimbursement of the employee's contribution.
The City agrees to continue the PERS retirement plan known as "3% @ 50" (Government Code Section 21362.2) for all sworn personnel. The City shall report the Employer-Paid Member contribution (9% safety) to PERS as "special compensation" for purposes of calculating an employee's "single highest year" in accordance with Government Code Section 20042.
Newly hired sworn personnel hired after the adoption of the new retirement formula, shall receive the PERS retirement plan known as "3.0%@ 55" (Government Code Section 1363.1) using the 36- month formula (Government Code Section 20037). The City shall report the Employer-Paid Member Contribution to PERS as special compensation for the purpose of calculating an employee's "36-month average" in accordance with Government Code Section 20042.
Effective the May 29, 2015 pay check, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.
Effective July 1, 2015, all bargaining unit members will reimburse the City an additional 1.5% towards PERS retirement costs on a pre-tax basis.
Pursuant to the provisions of Government Code Section (GCS) 20691, the City shall pay the employee contribution in the employee's name in the Public Employees' Retirement System.
Such payments shall be implemented pursuant to the provisions of GCS 20636 (c)(4) and reported to the Public Employees' Retirement System as compensation earnable.
The City shall report the Employer-Paid Member contribution to PERS as "special compensation" for purposes of calculating as employee's "single-highest year" in accordance with GCS 20042.
New Members as Defined Pursuant to AB 340:
The increased reimbursements described above shall not apply to ''New Members" as defined by AB 340. The employee contributions shall be those established by AB 340.
SECTION 12.00 WORK SCHEDULES
Police Managers shall work a four-day, ten hours per day (4-10), 20 hours per week work schedule.
The City shall comply with all applicable laws regarding the use of time off. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community and flexible scheduling opportunities shall remain solely at the City's discretion.
18 ______________________________________ _____________________________________ Joan Malloy, Andrew Holt,
City Manager Union City Police Management Association
______________________________________ ____________________________________ Jason Castleberry, Paul Kanazeh,
Human Resources Director Union City Police Management Association ______________________________________
Jeff Bailey,
IEDA Labor Negotiator
SECTION 13.00 SEPARABILITY
Should any section, clause, or provision of the Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions, and those other portions shall remain in full force and effect for the duration of this Agreement. Furthermore, the parties shall meet and confer pursuant to Government Code Sections 3500, et seq. for the purpose of arriving at a mutually satisfactory resolution regarding any invalid or unlawful provision.
SECTION 14.00 DURATION
The Memorandum of Understanding shall be in effect for the period from January 1, 2025 to December 31, 2027, unless extended by mutual agreement by the parties.
Executed this ____ day of _________ 20____
th
.
The City of Union City (“City”) and Police Management Association (PMA) (collectively the “Parties”) enter into this side letter to the Parties’ Memorandum of Understanding effective January 1, 2025 through December 31, 2027, to amend Section 6.0(A) of the Memorandum of Understanding relating to Health and Welfare Coverage.
WHEREAS the Memorandum of Understanding established in relevant part that “[t]he City agrees to provide up to Two Thousand, One-Hundred and Twenty-Five Dollars ($2,125) per month to each employee to pay for medical, dental, vision and long-term disability insurance costs”; and
WHEREAS, the City and the PMA entered into a Tentative Agreement (“Tentative Agreement”) which established that: “[…] if, during the negotiations for the City's MOUs for the term beginning January 1, 2025, the City agrees to provide any other bargaining unit a health plan contribution in an amount greater than Two Thousand One Hundred and Twenty Five Dollars ($2,125) per month, the City will increase the health plan contribution to eligible Association members to the same amount, on the same terms and on the same effective date as the bargaining unit with the greater benefit[;]” and
WHEREAS, on April 8, 2025, the City adopted a resolution that approved and adopted the Memorandum of Understanding between the City of Union City (City) and the Service Employees’ International Union (SEIU) for the period of January 1, 2025, through December 31, 2027 (SEIU MOU); and
WHEREAS, Section 8.1 (MEDICAL INSURANCE) of the SEIU MOU, increased cafeteria plan contribution benefits for employees in the classifications identified in the SEIU MOU in the following ways: (1) it increased the cafeteria plan monthly allowance from $2,000 to $2,200, effective the first pay date of the month following City Council’s approval of the SEIU MOU (May 2025); (2) it provided an additional increase to the cafeteria plan monthly allowance from $2,200 to $2,250, effective the first pay date of 2027 (January 2027); and Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Police Management Association
(PMA)
Docusign Envelope ID: FB3A2E7F-EC61-4B04-8DD2-CD6A22C7BE6F WHEREAS, pursuant to the Tentative Agreement between the City and the PMA, the City shall now increase the cafeteria plan contribution to eligible PMA members to the same amount, on the same terms and on the same effective date as the SEIU MOU; and WHEREAS, the City and PMA agree that effective the first pay date of the month following City Council approval of this Agreement (May 2025), the City shall increase its contribution to the cafeteria plan to up to Two Thousand Two Hundred Dollars ($2,200) per month for each employee; and
WHEREAS, the City and PMA agree that effective the first pay date of 2027, the City shall increase its contribution to the cafeteria plan to up to Two Thousand Two Hundred Fifty Dollars ($2,250) per month for each employee; and
WHEREAS the Parties wish to enter into a side letter clarifying and memorializing the Parties’ agreement.
NOW, THEREFORE the Parties agree to amend Section 6.00, Insurance Coverage (specifically subsection A relating to Health and Welfare Coverage), of the Memorandum of Understanding to include the following:
Effective the first pay date of May 2025, the City shall increase its contribution to the cafeteria plan up to Two Thousand Two Hundred dollars ($2,200) per month to each employee to pay for medical, dental, vision and long-term disability insurance costs.
Effective the first pay date of 2027, the City shall increase its contribution to the cafeteria plan up to Two Thousand Two Hundred Fifty dollars ($2,250) per month to each employee to pay for medical, dental, vision and long-term disability insurance costs.
For Union City: For PMA:
___________________________ ___________________________ Joan Malloy, City Manager Andrew Holt, Unit Leader
___________________________ ___________________________ Jason Castleberry, Human Resources Director Paul Kanazeh. Unit Leader Docusign Envelope ID: FB3A2E7F-EC61-4B04-8DD2-CD6A22C7BE6F 4/18/2025
4/19/2025
4/21/2025
4/21/2025