Upland City Council
June 12, 2023

City of Rancho Cucamonga and RCFPD
Request for Proposals (“RFP”) #1ϵ/ϮϬ-007 for Citywide Tree Maintenance Services Appendices A - H
___________________________________________________________________________________________

APPENDIX G – STORMWATER BEST MANAGEMENT PRACTICES

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#Description UOM Qty Unit Price Extended Total Unit Price Extended Total Unit Price Extended Total 1 Grid Pruning Flat rate price per tree EA 7500 $74.00 $555,000.00 $102.00 $765,000.00 $133.00 $997,500.00 2 Full Prune per Service Request 0"‐12" DSH EA 500 $74.00 $37,000.00 $102.00 $51,000.00 $74.00 $37,000.00 3 Full Prune per Service Request 13"‐18" DSH EA 1000 $100.00 $100,000.00 $102.00 $102,000.00 $111.00 $111,000.00 4 Full Prune per Service Request 19"‐24" DSH EA 3500 $124.00 $434,000.00 $102.00 $357,000.00 $188.00 $658,000.00 5 Full Prune per Service Request 25"‐30" DSH EA 2500 $144.00 $360,000.00 $102.00 $255,000.00 $244.00 $610,000.00 6 Full Prune per Service Request 31"‐36" DSH EA 100 $294.00 $29,400.00 $102.00 $10,200.00 $299.00 $29,900.00 7 Full Prune per Service Request 36"+ DSH EA 50 $494.00 $24,700.00 $102.00 $5,100.00 $344.00 $17,200.00 8 Crown Raise per Service Request ‐ Hardwood tree 0"‐12" DSH EA 10 $40.00 $400.00 $65.00 $650.00 $50.00 $500.00 9 Crown Raise per Service Request ‐ Hardwood tree 13"‐18" DSH EA 10 $45.00 $450.00 $75.00 $750.00 $70.00 $700.00 10 Crown Raise per Service Request ‐ Hardwood tree 19"‐24" DSH EA 20 $75.00 $1,500.00 $85.00 $1,700.00 $90.00 $1,800.00 11 Crown Raise per Service Request ‐ Hardwood tree 25"‐30" DSH EA 20 $95.00 $1,900.00 $85.00 $1,700.00 $110.00 $2,200.00 12 Crown Raise per Service Request ‐ Hardwood tree 31"‐36" DSH EA 20 $144.00 $2,880.00 $85.00 $1,700.00 $130.00 $2,600.00 13 Crown Raise per Service Request ‐ Hardwood tree 36"+ DSH EA 10 $244.00 $2,440.00 $85.00 $850.00 $150.00 $1,500.00 14 Crown Cleaning per Service Request ‐Hardwood tree 0"‐12" DSH EA 10 $74.00 $740.00 $70.00 $700.00 $60.00 $600.00 15 Crown Cleaning per Service Request ‐Hardwood tree 13"‐18" DSH EA 10 $100.00 $1,000.00 $80.00 $800.00 $95.00 $950.00 16 Crown Cleaning per Service Request ‐Hardwood tree 19"‐24" DSH EA 20 $124.00 $2,480.00 $90.00 $1,800.00 $135.00 $2,700.00 17 Crown Cleaning per Service Request ‐Hardwood tree 25"‐30" DSH EA 20 $194.00 $3,880.00 $100.00 $2,000.00 $175.00 $3,500.00 18 Crown Cleaning per Service Request ‐Hardwood tree 31"‐36" DSH EA 20 $224.00 $4,480.00 $110.00 $2,200.00 $215.00 $4,300.00 19 Crown Cleaning per Service Request ‐Hardwood tree 36"+ DSH EA 10 $274.00 $2,740.00 $120.00 $1,200.00 $250.00 $2,500.00 20 Crown Reduction per Service Request‐ Hardwood tree 0"‐12" DSH EA 10 $204.00 $2,040.00 $100.00 $1,000.00 $74.00 $740.00 21 Crown Reduction per Service Request‐ Hardwood tree 13"‐18" DSH EA 10 $294.00 $2,940.00 $150.00 $1,500.00 $111.00 $1,110.00 22 Crown Reduction per Service Request‐ Hardwood tree 19"‐24" DSH EA 20 $344.00 $6,880.00 $185.00 $3,700.00 $188.00 $3,760.00 23 Crown Reduction per Service Request‐ Hardwood tree 25"‐30" DSH EA 20 $394.00 $7,880.00 $225.00 $4,500.00 $244.00 $4,880.00 24 Crown Reduction per Service Request‐ Hardwood tree 31"‐36" DSH EA 20 $444.00 $8,880.00 $235.00 $4,700.00 $299.00 $5,980.00 25 Crown Reduction per Service Request‐ Hardwood tree 36"+ DSH EA 10 $524.00 $5,240.00 $245.00 $2,450.00 $344.00 $3,440.00 26 Palm Pruning Prune Date Palm (Phoenix spp.)EA 10 $224.00 $2,240.00 $135.00 $1,350.00 $150.00 $1,500.00 27 Palm Pruning Clean Trunk for Date Palm (Phoenix spp.)EA 5 $224.00 $1,120.00 $150.00 $750.00 $100.00 $500.00 28 Palm Pruning Prune Fan Palm (Washingtonia spp.)EA 2000 $64.00 $128,000.00 $65.00 $130,000.00 $68.00 $136,000.00 29 Palm Pruning Clean Trunk for Fan Palm (Washingtonia spp.)EA 5 $94.00 $470.00 $240.00 $1,200.00 $80.00 $400.00 30 Palm Pruning Prune all other Palm Species EA 500 $64.00 $32,000.00 $65.00 $32,500.00 $65.00 $32,500.00 31 Tree & Stump Removal 0"‐12" DSH EA 25 $224.00 $5,600.00 $150.00 $3,750.00 $175.00 $4,375.00 32 Tree & Stump Removal 13"‐18" DSH EA 100 $324.00 $32,400.00 $388.00 $38,800.00 $375.00 $37,500.00 33 Tree & Stump Removal 19"‐24" DSH EA 150 $500.00 $75,000.00 $580.00 $87,000.00 $575.00 $86,250.00 34 Tree & Stump Removal 25"‐30" DSH EA 150 $750.00 $112,500.00 $770.00 $115,500.00 $885.00 $132,750.00 35 Tree & Stump Removal 31"‐36" DSH EA 100 $850.00 $85,000.00 $970.00 $97,000.00 $1,175.00 $117,500.00 36 Tree & Stump Removal 36"+ DSH EA 30 $1,000.00 $30,000.00 $1,080.00 $32,400.00 $1,375.00 $41,250.00 37 Tree Removal Only. No Stump Removal 0"‐12" DSH EA 10 $224.00 $2,240.00 $110.00 $1,100.00 $125.00 $1,250.00 38 Tree Removal Only. No Stump Removal 13"‐18" DSH EA 10 $324.00 $3,240.00 $250.00 $2,500.00 $300.00 $3,000.00 39 Tree Removal Only. No Stump Removal 19"‐24" DSH EA 10 $500.00 $5,000.00 $400.00 $4,000.00 $445.00 $4,450.00 40 Tree Removal Only. No Stump Removal 25"‐30" DSH EA 10 $750.00 $7,500.00 $500.00 $5,000.00 $625.00 $6,250.00 41 Tree Removal Only. No Stump Removal 31"‐36" DSH EA 10 $850.00 $8,500.00 $600.00 $6,000.00 $840.00 $8,400.00 42 Tree Removal Only. No Stump Removal 36"+ DSH EA 10 $1,000.00 $10,000.00 $700.00 $7,000.00 $1,075.00 $10,750.00 43 Stump Removal per Stump Diameter Inch at Grade DI 300 $14.00 $4,200.00 $12.00 $3,600.00 $13.75 $4,125.00 44 Tree Planting and Staking 15 Gallon (double staked per specs) ‐ Labor, Equip., Tree & Materials EA 20 $194.00 $3,880.00 $190.00 $3,800.00 $175.00 $3,500.00 45 Tree Planting and Staking 24 inch Box (double staked per specs) ‐ Labor, Equip., Tree & Materials EA 10 $394.00 $3,940.00 $385.00 $3,850.00 $350.00 $3,500.00 46 Tree Planting and Staking 36 inch Box (double staked per specs) ‐ Labor, Equip., Tree & Materials EA 5 $954.00 $4,770.00 $975.00 $4,875.00 $925.00 $4,625.00 47 General Labor Rates Rate for 1 Ground‐person HR 1 $89.00 $89.00 $75.00 $75.00 $77.00 $77.00 48 General Labor Rates Rate for 1 Equipment Operator HR 1 $89.00 $89.00 $80.00 $80.00 $85.00 $85.00 49 General Labor Rates Rate for 1 Trimmer HR 1 $89.00 $89.00 $85.00 $85.00 $81.00 $81.00 50 Day Rate Service Crew DAY 1 $2,136.00 $2,136.00 $1,920.00 $1,920.00 $1,970.00 $1,970.00 51 Day Rate Specialty Equipment Day Rate DAY 1 $979.00 $979.00 $700.00 $700.00 $675.00 $675.00 52 Emergency Services During normal business hours HR 1 $300.00 $300.00 $250.00 $250.00 $285.00 $285.00 53 Emergency Services After hours, weekends &/or holidays HR 1 $450.00 $450.00 $300.00 $300.00 $375.00 $375.00 54 General Arborist Services Arborist Reports HR 20 $174.00 $3,480.00 $135.00 $2,700.00 $125.00 $2,500.00 55 General Arborist Services Level 1, 2, and 3 Risk Assessments HR 20 $174.00 $3,480.00 $175.00 $3,500.00 $125.00 $2,500.00 56 Other Changes (please specify)LOT 1 $89.00 $89.00 $85.00 $85.00 no bid no bid 57 Other Changes (please specify)LOT 1 $89.00 $89.00 $85.00 $85.00 no bid no bid $2,167,720.00 $2,170,955.00 $3,153,283.00
City of Rancho Cucamonga
RFP for Citywide Tree Maintenance Services ‐ Fall 2019
Line Items
WCA UPS Mariposa

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT DALQUEST, DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO, HOUSING MANAGER
SUBJECT: CONSIDER APPROVAL OF ANNUAL WEED ABATEMENT LIST OF PARCELS IN

VIOLATION OF THE UPLAND MUNICIPAL CODE AND APPROVE ASSOCIATED LIENS

RECOMMENDED ACTION:

It is recommended that the City Council approve the list of parcels in violation of the Municipal Code Section 8.12.180 and authorize staff to place a lien on these parcels to cover the costs of abating these properties and various administrative fees.

GOAL STATEMENT
The proposed action supports the City’s goal to promote and enhance the quality of life in Upland by removing the potential for any fire or safety hazards or public nuisance that may exist from weed growth and combustible debris accumulations on private and public property.

BACKGROUND
On February 13, 2023, City Council adopted Resolution No. 6705 declaring unmaintained weeds, grasses, and vegetation and dead or dying and combustible debris a public nuisance as well as a fire hazard and dangerous to persons and properties within the City. This program is referred to as the Weed Abatement Program and it is intended to protect the health, safety, and welfare of the community and to minimize fire hazards.

ISSUES AND ANALYSIS
The City authorized staff to initiate an inspection program to identify private properties in violation of the City’s Municipal Code (Section 8.12.180, entitled Weed and Rubbish Abatement). Inspections were conducted from February through May 2023. A total of 22,603 properties were inspected. Of these inspections,

 193 properties received a Courtesy Notice (no administrative fee) which required the property owners to clean up their property within 15 days;
 41 properties received a Notice to Comply (Second Notice). An administrative fee of $108.00 was applied to their property;
 2 properties received a Notice to Abate without a Notice to Comply for having extreme fire hazards. A fine of $416 was issued and the property owner was given 15 days to comply; and  14 properties received a Notice to Abate. An administrative fee of $524.00 will be charged to the property owner as well as the cost to hire a landscape contractor’s to correct the violation on the property owner’s behalf.

Weed Abatement Program Public Nuisance Report
The Weed Abatement Program Public Nuisance Report identifies the parcels that have been inspected and identified as being out of compliance with Section 8.12.180. This report is supported by a Notice to Abate which describes the specific condition of the property including a photo, identifies the violation (s) and orders abatement. City Council’s approval of this list will allow staff to clean up the property on the behalf of the property owner and work with San Bernardino County Tax Assessor’s Office to place a special assessment on the property to pay for bringing the property into compliance with the City’s municipal code. Estimated costs for each abatement is $524.00 administrative fee plus the cost of abatement by a competitively procured landscape contractor. (Attachment 2)

Public Hearing / Appeal Process
The weed abatement process and program has existed in Upland for many years and continues to serve the whole community, ensuring public health, safety, and welfare. If the property is not free of the public nuisance, the City has the legal right to remove weeds, rubbish, and/or refuse . Property maintenance services rendered by the City may be charged against the property and takes the form of a special assessment and submitted to the San Bernardino County Tax Assessor’s Office.

The City conducts a public hearing to provide property owners an opportunity to appeal the results of the Weed Abatement Program inspections that results in Notices to Comply (56 properties) or Notice to Abate (15 properties).

These properties which have been assessed and cited for abatement have been invited to this public hearing.

ENVIRONMENTAL DETERMINATION
Implementation of the Weed Abatement Program is exempt and not subject to the California Environmental Quality Act (CEQA) per Section 15378 of the CEQA Guidelines.

FISCAL IMPACT
The financial impact of the 2023 Weed Abatement Program is currently under assessment by staff and will be reported at the final report in the Summer 2023. It is anticipated that costs for implementing the Weed Abatement Program will increase due to changes in the program that addresses the City Council’s comments at the August 2022 City Council meeting.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a project.

Case Number Violation T Location APN Outstanding Balance WA-23-214 General 171 FERN AVE, Upland, CA 91786 104661126 $108.00 WA-23-210 General 300 W 22ND ST, Upland, CA 91784 104332104 $108.00 WA-23-209 General 985 West Emerson Street, Upland, CA 91784 100407123 $108.00 WA-23-205 General 887 W 9TH ST, Upland, CA 91786 104633329 $108.00 WA-23-203 General 906 W 9TH ST, Upland, CA 91786 100755114 $108.00 WA-23-202 General 359 E 14TH ST, Upland, CA 91786 104522209 $108.00 WA-23-199 General 367 S EUCLID AVE, Upland, CA 91786 104704109 $108.00 WA-23-195 General 327 S EUCLID AVE, Upland, CA 91786 104704104 $108.00 WA-23-187 General 351 N LAUREL AVE, Upland, CA 91786 104637326 $108.00 WA-23-177 General 826 10TH AVE, Upland, CA 91786 104611403 $108.00 WA-23-175 General 1653 N 3RD AVE, Upland, CA 91784 104454221 $108.00 WA-23-173 General 1327 N 5TH AVE, Upland, CA 91786 104538115 $108.00 WA-23-170 General 1822 W 9TH ST, Upland, CA 91786 100764204 $108.00 WA-23-167 General 1816 FOOTHILL BLVD, Upland, CA 91786 100706108 $108.00 WA-23-164 General 1267 PRESTON CT, Upland, CA 91786 100619108 $108.00 WA-23-153 General 896 AMBER CT, Upland, CA 91786 104601201 $108.00 WA-23-149 General 928 W 9TH ST, Upland, CA 91786 100755107 $108.00 WA-23-145 General 16TH ST, Upland, CA 91784 100541103 $108.00 WA-23-143 General 1397 SHANNON ST, Upland, CA 91784 100542203 $108.00 WA-23-111 General 1120 W 13TH ST, Upland, CA 91786 100649107 $108.00 WA-23-109 General 1334 N SAN ANTONIO AVE, Upland, CA 91786 104533314 $108.00 WA-23-108 General 402 N 11TH AVE, Upland, CA 91786 104647105 $108.00 WA-23-105 General 350 CLAREMONT BLVD, Upland, CA 91786 100736201 $108.00 WA-23-97 General 2066 W 11TH ST, Upland, CA 91786 100730102 $108.00 WA-23-93 General 102 S LOMA PL, Upland, CA 91786 100764201 $108.00 WA-23-87 General 1937 W 9TH ST, Upland, CA 91786 100765202 $108.00 WA-23-81 General 458 DRAKE AVE, Upland, CA 91786 100744230 $108.00 WA-23-80 General 1930 W ARROW ROUTE, Upland, CA 91786 100744224 $108.00 WA-23-73 General 636 N LAUREL AVE, Upland, CA 91786 104628210 $108.00 WA-23-66 General 446 WINN DR, Upland, CA 91786 104629114 $108.00 WA-23-54 General 1838 N EUCLID AVE, Upland, CA 91784 104426105 $108.00 WA-23-53 General 1690 N 2ND AVE, Upland, CA 91784 104454212 $108.00 WA-23-50 General 1529 SHELLEY AVE, Upland, CA 91786 104507123 $108.00 WA-23-39 General 472 E ARROW, Upland, CA 91786 104642138 $108.00 WA-23-38 General 462 E ARROW HWY, Upland, CA 91786 104642137 $108.00 WA-23-33 General 1302 E 9TH ST, Upland, CA 91786 104653211 $108.00 WA-23-32 General 85 N GROVE ST, Upland, CA 91786 104650160 $108.00 WA-23-30 General 360 E 7TH ST, Upland, CA 91786 104723105 $108.00 WA-23-29 General 250 E 7TH ST, Upland, CA 91786 104723102 $108.00 WA-23-28 General 150 E 7TH ST, Upland, CA 91786 104723101 $108.00 WA-23-19 General 185 S 2ND AVE, Upland, CA 91786 104660215 $108.00 WA-23-212 General 1728 ERIN AVE, Upland, CA 91784 100535405 $416.00 WA-23-211 General 1638 W HUNTINGTON DR, Upland, CA 91786 100746204 $416.00 WA-23-213 General 925 EMERSON ST, Upland, CA 91784 100407123 $524.00 WA-23-196 General 333 S EUCLID AVE, Upland, CA 91786 104704105 $524.00 WA-23-192 General 807 10TH AVE, Upland, CA 91786 104611328 $524.00 WA-23-183 General 500 W 8TH ST, Upland, CA 91786 104702443 $524.00 WA-23-137 General W 24TH ST, Upland, CA 91784 104303234 $524.00 WA-23-117 General 1739 ORANGEWOOD AVE, Upland, CA 91784 100530169 $524.00 Weed Abatement Program Public Nuisance Report

WA-23-106 General 1369 E 9TH ST, Upland, CA 91786 104649311 $524.00 WA-23-92 General 1916 W 9TH ST, Upland, CA 91786 100765308 $524.00 WA-23-74 General 286 EUCLID PL, Upland, CA 91786 104661207 $524.00 WA-23-35 General 533 N 2ND AVE, Upland, CA 91786 104625213 $524.00 WA-23-26 General 314 S 1ST AVE, Upland, CA 91786 104707212 $524.00 WA-23-18 General 312 S 2ND AVE, Upland, CA 91786 104707313 $524.00 WA-23-14 General 995 E WASHINGTON BLVD, Upland, CA 91786 104644205 $524.00 WA-23-8 General 568 N CAMPUS AVE, Upland, CA 91786 104621109 $524.00

1 MINUTES OF THE REGULAR MEETING OF THE ECONOMIC

DEVELOPMENT COMMITTEE

June 5, 2023
4:00 p.m.

Carnegie Library Building
123 East D Street
___________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
In attendance: Committee Chair Garcia, Committee Member Zuniga, Chamber Advisory Member Galdo, Development Services Director Dalquest, Economic Development Coordinator Picazo, Contract Rehabilitation Programs Administrator Arellano, Development Services Specialist Flores
Councilmember Breitling was in attendance as a member of the public.

2. ORAL COMMUNICATIONS
Matt Gilliland, Director of Development, of Grid Stor spoke about their new battery energy storage system facility which is being proposed to be constructed at 1975 N.

Benson Avenue in Upland. Entitlement applications have been submitted to the Planning Division for review.

3. AGENDA ITEMS
a. DISCUSSION ON DEVELOPMENT AND DOWNTOWN ACTIVITY
Development Services Director Dalquest presented the development highlights, downtown revitalization, notable development projects, and answered questions from the Economic Development Committee members. Contract Rehabilitation Programs Administrator Arellano presented on downtown restaurant activity and provided a status update.
b. UPDATE ON THE RAISE-UP (RESTAURANT ASSISTANCE FOR INCREASED

SALES AND EFFICIENCY-UPLAND) GRANT PROGRAM
Economic Development Coordinator Picazo presented the status of the Raise- UP Restaurant Assistance for Increase Sales and Efficiency-Upland Grant Program. Development Services Director Dalquest answered questions from the Economic Development Committee members.
c. SUMMARY ON THE INNOVATIVE COMMERCE SERVING COMMUNITIES CONFERENCE 2023
Development Services Director Dalquest and Economic Development Coordinator Picazo summarized the staff’s attendance at the Innovative Commerce Serving Communities (ICSC) Conference in Las Vegas.

4. ADJOURNMENT
The next regularly scheduled Economic Development Committee meeting is Tuesday, September 5, 2023.

**AGENDA**

Monday, June 5, 2023
4:00 p.m.

Carnegie Library Building
123 East D Street
Residents may observe the meeting remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.

1.CALL TO ORDER AND ROLL CALL

2.ORAL COMMUNICATIONS
Citizens wishing to address the Committee on any matter that is listed or not listed on the agenda may do so at this time. Anyone wishing to address the Committee is requested to submit a speaker card to staff at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes.

Please note that under provisions of the Brown Act the Committee Members cannot respond to, nor take action on, items that are not listed on the agenda.

3.AGENDA ITEMS
a.DISCUSSION ON DEVELOPMENT AND DOWNTOWN ACTIVITY
Recommended Action:

It is recommended that the Economic Development Committee receive the presentation on development and downtown activity.
b.UPDATE ON THE RAISE-UP (RESTAURANT ASSISTANCE FOR INCREASED SALES AND

EFFICIENCY-UPLAND) GRANT PROGRAM
Recommended Action:

It is recommended that the Economic Development Committee receive the presentation on the Raise-UP (Restaurant Assistance for Increased Sales and Efficiency-Upland) Grant Program. c.SUMMARY ON THE INNOVATIVE COMMERCE SERVING COMMUNITIES CONFERENCE 2023
Recommended Action:

It is recommended that the Economic Development Committee receive the summary on the Innovative Commerce Serving Communities (ICSC) conference in Las Vegas.

4.ADJOURNMENT

The next regularly scheduled Economic Development Committee meeting is Tuesday, September 5, 2023.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II]
On May 25, 2023 a true and correct copy of this agenda was posted at 450 N. Euclid Avenue (Upland Public Library), 460 N. Euclid Avenue (Upland City Hall), 123 East D Street (Carnegie Library Building), and the City website at www.uplandca.gov

The full packet for the Economic Development
Committee meeting can be viewed on our
website at:

https://www.uplandca.gov/city-council-
agendasminutes

You may also view the video of the meeting at:

https://uplandca.gov/council-meeting-
broadcasts

(choose the tab for “other archived meetings”
to locate the meeting video)

DATE: June 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

TERRY DOYLE, DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: CONSIDER ADOPTING RESOLUTIONS APPROVING LABOR AGREEMENTS AND

COMPENSATION AND BENEFITS FOR VARIOUS EMPLOYEE GROUPS AND

EXECUTIVES

RECOMMENDED ACTION:

It is recommended that the City Council approve the following actions:
 Adopt a Resolution approving a memorandum of understanding with the Upland Police Officers Association (UPOA).
 Adopt a Resolution approving a memorandum of understanding with the Upland Police Management Associations (UPMA).
 Adopt a Resolution approving a memorandum of understanding with the Upland M id-Management Employees Association (UMMEA).
 Adopt a Resolution approving a memorandum of understanding with the Upland City Employees Association (UCEA).
 Adopt a Resolution amending the Compensation and Benefit Plan for Non -Represented/Confidential Employees.
 Adopt a Resolution amending the Compensation and Benefit Plan for Executive Employees.  Adopt a Resolution amending the Salary Schedule for part-time employees.

GOAL STATEMENT
The proposed action supports the City’s goal of providing employees with the security of labor agreements while furnishing employees with fair compensation and benefits package based on the services they perform for the City and to maintain harmonious labor relations.

BACKGROUND
Each of the Memorandums of Understanding between the four (4) bargaining units expires on June 30, 2023. The City and the bargaining units engaged in negotiations beginning in January 2023 through May 2023. The City and all the bargaining units have come to a tentative agreement on new terms for salary, benefits, and working conditions.

Due to the revised salary schedule for the General unit employees, the City is also recommending amending the salary schedule for part-time employees to be consistent with their full-time counterparts.

ISSUES AND ANALYSIS
The City has reached tentative agreements with all four (4) of the employee groups and each agreement has been ratified by the membership of their respective Associations. The agreements are consistent with the direction provided by the City Council to the City’s negotiations team prior to negotiations and throughout the process.

All successor agreements to implement the changes are attached for City Council approval. In addition, the recommended amendments for the Compensation and Benefit Plan for Executive and Non-Represented/Confidential employees are attached for City Council approval.

The City and the UPOA unit agreed to the following changes:
 The term of the new agreement will be July 1, 2023, through June 30, 2026;  Table of Contents was updated due to page changes.
 Salary Increases to be implemented as follows:

o 5% COLA (cost of living adjustment) to base salary effective the pay period beginning June 25, 2023
o 2% COLA increase to base salary effective the pay period beginning June 23, 2024 o 2% COLA increase to base salary effective the pay period beginning December 8, 2024 o 2% COLA increase to base salary effective the pay period beginning June 22, 2025 o 2% COLA increase to base salary effective the pay period beginning December 7, 2025  One-time payment for Essential Worker Premium Pay of up to $5,000 dollars to each employe e who has been actively employed by the City during the time period of July 1, 2022 through June 30, 2023, and remains currently employed as of the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 2023/2024.  Cafeteria Plan allowance increases as follows:
o January 1, 2024 - $1,500
o January 1, 2025 - $1,700
o January 1, 2026 - $1,900
o Employees who were hired prior to March 1, 2016, may elect to transfer unused Cafeteria Plan funds to the deferred comp account.
 Retiree Health Savings Account: Clean-up language. Removed ICMA.  Educational Incentive and POST Certificate Pay: Removed the requirement for employees to reach Step 4 of the salary schedule to be eligible for Educational Incentive and POST Certificate Pay.  Detective Standby Pay: Added language from current Side Letter on the process for selecting Police Officers to be selected for Detective Standby Pay.
 Special Assignment Pay: Clean-up language to include Specialized Investigations Unit (SIU) and Personnel and Training Coordinator.
 Longevity Pay steps revised as follows:
o 2.5% of base salary after 5 ye ars
o 5.0% of base salary after 10 years
o 7.5% of base salary after 15 years
o Longevity pay shall be provided for years of continuous full -time sworn law enforcement service.  Uniform Allowance: Revised language to include the repair or replacement of uniforms damaged or destroyed during the performance of duties.
 Sick Leave: Revised pay out date to November.
 Vacation: Revised vacation accrual limits as follows:
o 17+ years of service increase to 180 hours per year
o Vacation accruals capped at five hundred (500) hours and any amount over that 500 hours will automatically be cashed out on the pay period that the maximum accrual is reached.  Vacation Buyback: Revised pay date to November.
 Bereavement Leave: Revised language to be consistent with Assembly Bill 1949.  Step Increases: New article. Employees who receive an Overall Below Standards on their annual Performance Appraisal will have their step withheld for no longer than three (3) months. Employees are able to appeal this rating to their Department Head and/or City Manager if assigned directly to the City Manager.  Preventative Health: Increase yearly allowance from one hundred and eighty dollars ($180) to two hundred and fifty dollars ($250).
 Tuition Reimbursement: New article. Employees may be reimbursed up to $3,500 dollars per fiscal year as long as funds are available for costs for tuition and textbooks incurred for job -related education.  Appendix B: Updated salary schedules

The City and the UPMA unit agreed to the following changes:
 The term of the new agreement will be July 1, 2023 through June 30, 2027.  Table of Contents was updated due to page changes.
 Salary Increases to be implemented as follows:
o Police Sergeants top step will be benchmarked at least 9 ranges (approximately 25%) above the top step of Police Corporal/Detective.
o Police Lieutenant top step will be benchmarked at least 9 ranges (approximately 25%) above top step of Police Sergeant.
o Police Captains top step will be benchmarked at least 6 ranges (approximately 16%) above top step Police Lieutenant.
 One-time payment for Essential Worker Premium Pay of up to $5,000 dollars to each employee who has actively been employed by the City during the time period of July 1, 2022 through June 30, 2023, and remains

currently employed as of the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 2023/2024.  Cafeteria Plan allowance increase to be implemented as follows:
o Effective January 1, 2024 increase to $1,500
o Effective January 1, 2025 increase to $1,700
o Effective January 1, 2026 increase to $1,900
o Effective January 1, 2027 increase to $2,000
 Recognition: Clean up language.
 For future reference included in the MOU survey cities for compensation and benefits.  Deferred Compensation: Clean-up language
 Preventative Health: Increase yearly allowance from one hundred and eighty dollars ($180) to two hundred and fifty dollars ($250).
 Bilingual Pay: Clean up language.
 Court Standby: Added language for Police Sergeant to receive 10 hours of compensatory time per week for call-out assignments.
 Holiday Pay: Added language that Police Lieutenants will receive 10 hours of floating holiday and that unused hours will be automatically cashed out.
 Longevity Pay: Revised years eligible from 10, 15 and 20 years to 5, 10, and 15 years. Included language that employees who are promoted from the ranks of Upland Police Officers Association will be allowed to use eligible prior continuous full-time law enforcement experience to count toward longevity.  Education Incentive/POST Certification Pay: Increased Advanced POST Certificate pay from 5% to 7.5% over base pay. Effective July 1, 2024, added eligibility for Management POST Certificate. Effective July 1, 2025, increased amounts for Certificate Pay.
 Overtime Pay: Effective July 1, 2024, Police Lieutenants will be classified as exempt employees and will no longer be eligible for overtime hours, except when the City is reimbursed by an outside party for overtime hours or when working in a position traditionally worked by Police Sergeants.  Compensatory Time Off: Clean up language.
 Uniform Allowance: Uniform allowance will be paid per pay period instead of a lump sum payment. Added language for replacement of damaged or destroyed uniforms.  Vacation: Revised vacation accrual limits as follows:
o 17+ years of service increase to 180 hours per year
o Vacation accruals capped at five hundred (500) hours and any amount over that 500 hours will automatically be cashed out on the pay period that the maximum accrual is reached.  Vacation Buyback: Revised pay date to November.
 Bereavement Leave Revised language to be consistent with Assembly Bill 1949.  Executive Leave: Lieutenants Executive Leave increased from 30 hours to 50 hours. Unused Execu tive Leave will be cashed out in January.
 Discipline and Personnel Files: Revised language to be comply with Penal Code Section 832.5.  Step Increases: New article. Employees who receive an Overall Below Standards on their annual Performance Appraisal will have their step withheld for no longer than three (3) months. Employees are able to appeal this rating to their Department Head and/or City Manager if assigned directly to the City Manager.  Work Schedule: Clean up language to reflect current practices.  Appendix B: Updated salary schedules

The City and the UCEA unit agreed to the following changes:
 The term of the new agreement will be July 1, 2023, through June 30, 2028;  Table of Contents was updated due to page changes.
 Salary increases to be implemented as follows:
o 5% COLA increase to base salary effective the pay period beginning June 25, 2023 o 2% COLA increase to base salary effective the pay period beginning June 23, 2024 o 2% COLA increase to base salary effective the pay period beginning December 8, 2024 o 2% COLA increase to base salary effective the pay period beginning June 22, 2025 o 2% COLA increase to base salary effective the pay period beginning December 7, 2025 o 3% COLA increase to base salary effective the pay period beginning June 21, 2026 o 3% COLA increase to base salary effective the pay period beginning June 20, 2027  One-time payment for Essential Worker Premium Pay of up to $5,000 dollars to each employee who has actively been employed by the City during the time period of July 1, 2022 through June 30, 2023, and remains

currently employed as of the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 2023/2024.  Cafeteria Plan allowance increase to be implemented as follows:
o Effective January 1, 2024 increase to $1,500
o Effective January 1, 2025 increase to $1,700
o Effective January 1, 2026 increase to $1,900
o Effective January 1, 2027 increase to $2,000
o Effective January 1, 2028 increase to $2,100
o Employees hired on or after March 1, 2016, and enrolled in the Employee plus one plan will receive a one-time payment of $600 to offset the cost of coverage. This payment will be issued in the same check as the Essential Worker Premium Pay.
 Shift Differential – Clean-up language. Removal of Lead Dispatcher classification, as it is an assignment not a classification.
 Step Increases – New article. Employees who receive an Overall Below Standards on their annual Performance Appraisal will have their step withheld for no longer than three (3) months. Employees are able to appeal this rating to their Department Head and/or City Manager if assigned directly to the City Manager.  Retiree Health Savings Account: clean-up language.
 Call Back Pay: Clean-up language. Clarified that call back pay is paid in accordance with Article 27 Overtime Pay/Compensatory Time Off and no pyramiding of overtime.  Education Incentive – Removal of one-time payment language and replaced with additional compensation will be paid for job-related degrees above the minimum requirements for the employee’s position. o AA/AS = 2.5% above base salary
o BA/BS = 5% above base salary
o MA/MS = 7.5% above base salary
o Employees hired prior to July 1, 2023, who have a degree above the minimum requirements but are not job related will receive 2.5% additional compensation above base salary.  Higher Classification Work and Special Assignment: Clarified language on higher classification assignments is limited to no more than twelve (12) months and reduce waiting time for Higher Classification Pay from 15 days to 5 days. Request for extensions can be approved by the City Manager. Added section on Training Pay and Special Projects. Employees assigned by the Department Head to train employees in the same or lower classification may receive training pay in the amount of 5% of base salary for a maximum of twelve (12) months.
 Overtime Pay/Compensatory Time Off: Clarified language on overtime and that there will be no pyramiding of time.
 Standby: Clean-up language. Removed language that standby pay will be paid at the prevailing minimum wage to $50 per day for a regularly scheduled workday and $175 per day for days an employee is not regularly scheduled to work. Provided examples of Standby scenarios for clarification on how the rates will be applied depending on regular scheduled workday, work on a holiday or non-regular scheduled workday. Clarified language in the section for On-Call Duty Pay for Police Dispatchers.  Uniforms: Clean-up language. Removal of Lead Dispatcher classification, as it is an assignment not a classification.
 Water Certification Training: Updated chart to reflect current minimum requirements at time of hire, certification required within twelve (12) months and certifications eligible for Certification Pay.  Work Boots: Clean-up language. Alphabetized list of classifications and updated classifications titles based on recent Classification and Compensation Study.
 Holidays: Clarified language on Holiday Pay will be paid in accordance with Article 27 – Overtime Pay/Compensatory Time Off and no pyramiding of overtime. Clarified language on City Hall and City department Winter Closure and the amount of holiday times provided to the classifications of Police Dispatcher I/II.
 Floating Holiday: Reduced floating holiday leave from forty (40) hours to twenty (20) hours.  Sick Leave: Added language that employees may use up to twenty (20) hours of sick leave for personal necessity leave. Added language to convert twenty (20) hours of sick leave to compensation based on IRS Section 1.451-1(a) guidelines.
 Vacation: Revised vacation accrual limits as follows:
o 1-2 years of service 80 hours per year
o 3-5 years of service increase from 96 to 100 hours per year o 6-10 years of service increase from 128 to 140 hours per year o 11-16 years of service increase from 136 to 160 hours per year

o 17+ years of service increase to 180 hours per year
o Vacation accruals capped at five hundred (500) hours and any amount over that 500 hours will automatically be cashed out on the pay period that the maximum accrual is reached.  Vacation Buyback: Revised pay date to November.
 Bereavement Leave: Revised language to be consistent with Assembly Bill 1949.  Parental Leave: New article. Allows employees to receive up to eighty (80) hours of paid leave for the birth, adoption or foster placement of a child.
 UCEA Release Time: New Article. Provides release time for UCEA Representatives in accordance with AB 119, Government Code Sections 3555-3559.
 Preventative Health: Increase yearly allowance from two hundred dollars ($200) to two hundred and fifty dollars ($250).
 Appendix A: Updated classification titles based on recent Classification and Compensation Study.  Appendix B: Updated salary schedules

The City and the UMMEA unit agreed to the following changes:
 The term of the new agreement will be July 1, 2023 through June 30, 2027;  Table of Contents was updated due to page changes.
 Salary increases to be implemented as follows:
o 5% COLA increase to base salary effective the pay period beginning June 25, 2023 o 2% COLA increase to base salary effective the pay period beginning June 23, 202 4 o 2% COLA increase to base salary effective the pay period beginning December 8, 2024 o 2% COLA increase to base salary effective the pay period beginning June 22, 2025 o 2% COLA increase to base salary effective the pay period beginning December 7, 2025 o 3% COLA increase to base salary effective the pay period beginning June 21, 2026  One-time payment for Essential Worker Premium Pay of up to $5,000 dollars to each employee who has been actively employed by the City during the time period of July 1, 2022 through June 30, 2023, and remains currently employed as the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 2023/2024.  Cafeteria Plan allowance increases as follows:
o January 1, 2024 - $1,550
o January 1, 2025 - $1,700
o January 1, 2026 - $1,900
o January 1, 2027 - $2,000
 Longevity Pay: Revised language to match UPMA. Add longevity pay for 15 years or more of continuous City service at 2.5% increase in base salary.
 Certification Training Pay:
o Added certification pay for Association Engineer for Professional Engineer License – 5% o Added certification pay for Associate Planner, Planning Manager, and Senior Planner for American Institute of Certified Planners Certification beginning on July 1, 2024 o Added certification pay for Operations Supervisor for Internationa l Society of Arboriculture credential.
 Holidays – Floating Holidays: Revised language to include employees who are assigned 12-hour shift to receive holiday pay in the amount of 12 hours and revised cash out for floating holiday leave will be in January.
 Executive Leave: Revised language that cash out for executive leave will be in January.  Sick Leave: Added language that employees may use up to twenty (20) hours of sick leave for personal necessity leave.
 Vacation: Revised vacation accrual limits as follows:
o 1-2 years of service 80 hours per year
o 3-5 years of service increase from 96 to 100 hours per year o 6-10 years of service increase from 128 to 140 hours per year o 11-16 years of service increase from 136 to 160 hours per year o 17+ years of service increase to 180 hours per year
o Vacation accruals capped at five hundred (500) hours and any amount over that 500 hours will automatically be cashed out on the pay period that the maximum accrual is reached.  Vacation Buyback: Clean-up language
 Bereavement Leave: Revised language to be consistent with Assembly Bill 1949.

 Preventative Health: Increase yearly allowance from two hundred and twenty-five dollars ($225) to two hundred and fifty dollars ($250).
 Step Increases: New article. Employees who receive an Overall Below Standards on their annual Performance Appraisal will have their step withheld for no longer than three (3) months. Employees are able to appeal this rating to their Department Head and/or City Manager i f assigned directly to the City Manager.  Parental Leave: New article. Allows employees to receive up to eighty (80) hours of paid leave for the birth, adoption or foster placement of a child.
 Overtime/Compensatory Time: New Article. Allows the City Manager in certain circumstances to authorize additional compensation or leave to meet emergency and/or storm responses, unusual scheduling required to meet holiday coverage, attention to duties outside the normal work schedule and other such needs.  Education Incentive: New Article. Allows employees to receive compensation for job-related degrees and/or certifications above the minimum requirements for the employee’s position. o AA/AS = 2.5% above base salary
o BA/BS = 5% above base salary
o MA/MS = 7.5% above base salary
 Notary Pay: New article. Provides compensation of $100 per month to employees in the unit designated by the City Manager to perform notary duties. The City will pay for all the costs of equipment, stamps, journals and supplies.
 Appendix A: Updated classifications titles based on recent Classification and Compensation Study.  Appendix B: Updated salary schedules

The proposed amendments to the Non-Represented/Confidential unit Compensation and Benefits plan will be:
 The term of the new agreement will be July 1, 2023 through June 30, 2026.  Table of Contents was updated due to page changes.
 Salary increases to be implemented as follows:
o 5% COLA (cost of living adjustment) to base salary effective the pay period beginni ng June 25, 2023
o 2% COLA increase to base salary effective the pay period beginning June 23, 2024 o 2% COLA increase to base salary effective the pay period beginning December 8, 2024 o 2% COLA increase to base salary effective the pay period beginning June 22, 2025 o 2% COLA increase to base salary effective the pay period beginning December 7, 2025  One-time payment for Essential Worker Premium Pay of up to $5,000 dollars to each employee who has been actively employed by the City during the time period of July 1, 2022 through June 30, 2023, and remains currently employed as the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 2023/2024.  Cafeteria Plan allowance increases as follows:
o January 1, 2024 - $1,550
o January 1, 2025 - $1,700
o January 1, 2026 - $1,900
 Retiree Health Savings Account: Clean-up language. Removed ICMA.  Deferred Comp: Updated job specifications titles and increased the contribution for Budget Coordinator and Executive Assistant I from two hundred dollars ($200) per month to four hundred dollars ($400) per month.  Education Incentive: New article. Allows employees to receive compensation for job-related degrees and/or certifications above the minimum requirements for the employee’s position. o AA/AS = 2.5% above base salary
o BA/BS = 5% above base salary
o MA/MS = 7.5% above base salary
o Certifications: employees who have certifications beyond what is required for the position will receive 2.5% for each certification with a maximum up to 5% allowable.  Longevity Pay: Revised language to match UPMA and increased ten years from 2% to 2.5%. Add longevity pay for 15 years or more of continuous City service at 2.5% increase in base salary.  Performance Appraisal Pay: Removed language that this pay is compensable under CalPERS guidelines.

Added language that Department Heads may request an additional step for employees who have not reached top step and have received and overall “Exceeds Standards” on their Performance Appraisal.  Cell Phone: New article. Employees are entitled to a cell phone allowance of $100 per month or the use of a City-issued cell phone.
 Preventative Health: Increase yearly allowance from two hundred and twenty -five dollars ($225) to two hundred and fifty dollars ($250).

 Holidays – Floating Holidays: Clean- up language
 Executive Leave: Updated job specifications titles
 Sick Leave Buyback: Added language that employees may use up to twenty (20) hours of sick leave for personal necessity leave.
 Vacation: Revised vacation accrual limits as follows:
o 1-2 years of service 80 hours per year
o 3-5 years of service increase from 96 to 100 hours per year o 6-10 years of service increase from 128 to 140 hours per year o 11-16 years of service increase from 136 to 160 hours per year o 17+ years of service increase to 180 hours per year
o Vacation accruals capped at five hundred (500) hours and any amount over that 500 hours will automatically be cashed out on the pay period that the maximum accrual is reached.  Bereavement Leave: Revised language to be consistent with Assembly Bill 1949.  Parental Leave: New article. Allows employees to receive up to eighty (80) hours of paid leave for the birth, adoption or foster placement of a child.
 Notary Pay New article. Provides compensation of $100 per month to employees in the unit designated by the City Manager to perform notary duties. The City will pay for all the costs of equipment, stamps, journals and supplies.
 Step Increases: New article. Employees who receive an Overall Below Standards on their annual Performance Appraisal will have their step withheld for no longer than three (3) months. Employees are able to appeal this rating to their Department Head and/or City Manager i f assigned directly to the City Manager.  Appendix A: Updated classifications titles based on recent Classification and Compensation Study.  Appendix B: Updated salary schedules

The proposed amendments to the Executive Employees Compensation and Benefits plan will be:
 The term of the new Compensation and Benefits Plan will be July 1, 2023, through June 30, 2026.  Table of Contents was updated due to page changes.
 Salary increases to be implemented as follows:
o 5% COLA (cost of living adjustment) to base salary effective the pay period beginning June 25, 2023.
o 4% COLA to base salary effective the pay period beginning June 23, 2024; o 3% COLA to base salary effective the pay period beginning June 22, 2025;  One-time payment for Essential Worker Premium Pay of up to $5,000 dollars to each employee who has been actively employed by the City during the time period of July 1, 2022 through June 30, 2023, and remains currently employed as the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 2023/2024.  Management Rights: Added bullets for each of the management rights.  Retirement Benefits: Updated language to reflect current amounts employees are contributing to CalPERS.  Cafeteria Plan allowance increases as follows:
o January 1, 2024 - $1,550
o January 1, 2025 - $1,700
o January 1, 2026 - $1,900
 Longevity Pay: Increased amount from 2.5% to 5% for employees with twenty (20) years of continuous service.
 Preventative Health: Increase yearly allowance from two hundred and twenty -five dollars ($225) to two hundred and fifty dollars ($250).
 Uniform Allowance: Removed language that Chief of Police must wait 12 months to receive uniform allowance.
 Vehicle Allowance: Increased allowance from $350 per month to $500 per month.  Holidays: Clean-up language. Employees must be in paid status to be paid for holidays.  Floating Holidays: Clean-up language. Revised pay period to read pay date.  Executive Leave: Increased from 80 hours to 100 hours annually.  Vacation: Revised vacation accrual limits as follows:
o 1-2 years of service 80 hours per year
o 3-5 years of service increase from 96 to 100 hours per year o 6-10 years of service increase from 128 to 140 hours per year o 11-16 years of service increase from 136 to 160 hours per year

o 17+ years of service increase to 180 hours per year
o Vacation accruals capped at five hundred (500) hours and any amount over that 500 hours will automatically be cashed out on the pay period that the maximum accrual is reached. o Vacation for the Chief of Police was revised as follows:
o 1-2 years of service increase from 96 to 100 hours per year o 3-5 years of service increase from 120 to 140 hours per year o 6-16 years of service increase from 152 to 168 hours per year o 17+ years of service increase to 180 hours per year
 Vacation Buyback: Clean-up language.
 Bereavement Leave: Revised language to be consistent with Assembly Bill 1949.  Bilingual Pay: New article. Employees may receive up to $100 per month for use of their fluency in another language. This pay will only be granted as long as the City Manager requires the employee to utilize their bilingual fluency for City services.
 Tuition Reimbursement: New article. Employees may be reimbursed up to $3,500 dollars per fiscal year as long as funds are available for costs for tuition and textbooks incurred for job -related education.  Appendix B: Updated salary schedules

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
The fiscal impact to all funds budgets for FY 23/24 will be approximately $2,160,170, with a General Fund effect of approximately $1,467,850 and American Rescue Plan Act (ARPA) effect of approximately $1,040,670.

The FY 23/24 operating budget reflects the inclusion of the above resolutions.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING A MEMORANDUM OF

UNDERSTANDING WITH THE UPLAND POLICE OFFICERS

ASSOCIATION

WHEREAS, it is the policy of the City of Upland to compensate its employees in a fair and equitable manner for their efficient and faithful service; and

WHEREAS, the City opened negotiations with the duly authorized representatives of the Upland Police Officers Association and have reached Agreement to amend the current Memorandum of Understanding through June 30, 2026.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby approves the Memorandum of Understanding between the City of Upland and the Upland Police Officers Association, attached hereto, and authorizes the City Manager, Assistant City Manager, and Deputy Director of Human Resources/Risk Management to execute the Memorandum of Understanding.

Section 3. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 5. Effective Date. This Resolution shall become effective July 1, 2023.

PASSED, APPROVED and ADOPTED this 12th day of June, 2023.

Bill Velto, Mayor

Resolution No.

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 12th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

1 MEMORANDUM OF UNDERSTANDING (M.O.U.)

BETWEEN

THE CITY OF

UPLAND AND

THE UPLAND POLICE

OFFICERS' ASSOCIATION (UPOA)

July 1, 20232 to June 30, 20263

Upland Police Officers’ Association 7/1/232 – 6/30/263

TABLE OF CONTENTS
ARTICLE 1 - TERM OF AGREEMENT ............................................................................. 1 ARTICLE 2 - PREAMBLE ................................................................................................... 1 ARTICLE 3 - MAINTENANCE OF MEMBERSHIP ........................................................ 1 ARTICLE 4 - MANAGEMENT RIGHTS ............................................................................ 2 ARTICLE 5 - SALARIES ..................................................................................................... 2 ARTICLE 6 - RETIREMENT ............................................................................................... 3 ARTICLE 7 - DEFERRED COMPENSATION ................................................................... 3 ARTICLE 8 - HEALTH INSURANCE - CAFETERIA PLAN ........................................ 4 ARTICLE 9 - RETIREE HEALTH INSURANCE REIMBURSEMENT ........................ 5 ARTICLE 10 - RETIREE HEALTH SAVINGS ACCOUNTS ......................................... 5 ARTICLE 11 - LIFE INSURANCE ...................................................................................... 6 ARTICLE 12 - BILINGUAL PAY .................................................................................. 6 ARTICLE 13 – COURT STANDBY AND CALL OUT PAY ........................................... 7 ARTICLE 14 - EDUCATION INCENTIVE AND POST CERTIFICATE PAY ............ 7 ARTICLE 15 - DETECTIVE STANDBY PAY .................................................................. 8 ARTICLE 16 - ON-CALL PAY .......................................................................................... 88 ARTICLE 17 - HOLIDAY PAY .............................. 8ARTICLE 17 - HOLIDAY PAY 9 ARTICLE 18 - LONGEVITY PAY .................................................................................... 89 ARTICLE 19 - MERITORIOUS PAY .............................................................................. 910 ARTICLE 20- OVERTIME PAY ............................... 9ARTICLE 20- OVERTIME PAY 10 ARTICLE 21 - COMPENSATORY TIME OFF9ARTICLE 21 - COMPENSATORY TIME OFF ................................................................................................................................................. 10 ARTICLE 22 - SPECIAL ASSIGNMENT PAY10ARTICLE 22 - SPECIAL ASSIGNMENT PAY ........................................................................................................................................ 11 ARTICLE 23 - UNIFORM ALLOWANCE11ARTICLE 23 - UNIFORM ALLOWANCE ................................................................................................................................................. 12 ARTICLE 24 - SICK LEAVE ........................................... 11ARTICLE 24 - SICK LEAVE 12 ARTICLE 25 - VACATION ............................................... 12ARTICLE 25 - VACATION 13 ARTICLE 26 - BEREAVEMENT LEAVE 13ARTICLE 26 - BEREAVEMENT LEAVE14 ARTICLE 27 - BREAK AND MEAL PERIODS13ARTICLE 27 - BREAK AND MEAL PERIODS ............................................................................................................................... 14 ARTICLE 28 - NO STRIKE PROVISION . 13ARTICLE 28 - NO STRIKE PROVISION 14 ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES13ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES .................................................................................................. 14

Upland Police Officers’ Association 7/1/232 – 6/30/263

ARTICLE 30 – STEP INCREASES ....................................................................................... 15 ARTICLE 30 - WORK SCHEDULE ..................... 14ARTICLE 31 - WORK SCHEDULE 16 ARTICLE 31 - PREVAILING BENEFITS . 15ARTICLE 32 - PREVAILING BENEFITS 17

ARTICLE 32 - SAVINGS CLAUSE .......................... 15ARTICLE 33 - SAVINGS CLAUSE 17 ARTICLE 33 34 - PREVENTATIVE HEALTH ................................................................ 1617 ARTICLE 35 – TUITION REIMBURSEMENT .................................................................... 18

Upland Police Officers’ Association 7/1/232 – 6/30/263
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND POLICE OFFICERS' ASSOCIATION
JULY 1, 20232 - JUNE 30, 20263

ARTICLE 1 - TERM OF AGREEMENT

Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (M.O.U.) shall be effective July 1, 20232, and shall expire on June 30, 20263.

ARTICLE 2 - PREAMBLE

It is the intent and purpose of this M.O.U. to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Upland (hereinafter referred to as "City") and the Upland Police Officers' Association (hereinafter referred to as "Association").

ARTICLE 3 - MAINTENANCE OF MEMBERSHIP

The Association is the recognized employee organization for the personnel employed in the Police Department occupying the classifications of Police Officer and Police Detective/Corporal.

The City agrees to deduct association dues from the wages of all UPOA members who have filed a written authorization with the association. The City will begin dues deductions at the beginning of the pay period after notice is provided by the Association and will transmit these funds to the Association in a manner which is mutually agreed to.

The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a non-pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non-pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Association dues.

UPOA agrees to enforce this provision and to indemnify and hold harmless the City, its officers and employees, from all liabilities and/or damages arising from the operation of this section.

Upland Police Officers’ Association 7/1/232 – 6/30/263
2 ARTICLE 4 - MANAGEMENT RIGHTS

The authority of the City includes the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

ARTICLE 5 - SALARIES

A. Effective the first full pay period following MOU ratification by UPOA and approval by the City Council, the City shall issue:

a. A one-time payment for Essential Worker Premium Pay of up to seventy-five hundred five thousand dollars ($5,0007,500) to each employee who has been actively employed by the City during the time period of July 1, 2022April 1, 2020 through March 31, 2021June 30, 2023 and remains currently employed on the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in fiscal year 20232/20243.

These payments will be pro-rated based on the number of months employees have been employed with the City during April 1, 20210July 1, 2022 through March 31, 20221June 30, 2023. An employee who was hired after the 15th of the month will not receive credit for working that month for purposes of calculating the pro-rated lump sum payment. For example, an employee hired on AugustMay 16, 20220 will receive a payment of $4,166.666,250 (10 months times $416.66625.00). Employees who have been on an unpaid leave of absence during this time will also have their lump sum payment pro-rated based on the period of unpaid leave of absence.

B. Effective the pay period beginning July 1, 2022 , Ffollowing MOU ratification by UPOA and City Council approval, the following modification will occur:all employees in this unit shall receive:

a. A five percent (52.5%) COLA increase in base salary for all association members , effective the pay period beginning June 25, 2023
b. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning June 23, 2024.
c. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning December 8, 2024.
d. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning June 22, 2025.
a.e. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning December 7, 2025.

Upland Police Officers’ Association 7/1/232 – 6/30/263
3 An equity increase of two and one half percent (2.5%) in base salary.

b. Effective the pay period beginning January 1, 2023, all employees in this unit shall receive an equity increase of two and one half percent (2.5%) in base salary.

The parties to this MOU agree for future reference that the survey cities remain as the following cities: Rialto, Ontario, West Covina, Chino, Glendora, and Fontana.

ARTICLE 6 - RETIREMENT

Classic Employees:

Retirement Tier 1 - Safety Members hired before January 1, 2013, shall receive the 3% @ 55 retirement formula, highest twelve (12) month average final compensation period, the Third Level of the 1959 Survivor's Benefit, which employees agree to pay $2.00 per month, Unused Sick Leave Option, and a two percent (2%) retirement Cost of Living Adjustment (COLA). These Safety Members shall pay the entire twelve percent (12%) of the CalPERS employee contribution on a pre-tax basis.

The agreement between the City and CalPERS allows for the buy -back of time served by the employee in the Military as defined under PERS Regulation, Section 21024.

The City, at the Police Chief’s discretion, and in accordance with the law, will allow police officers who voluntarily retire from City service and who are at least 50 years of age at the time of retirement to be rehired as a contract service worker (CSW -Retiree) in his/her previous position for a period not to exceed 960 hours in the fiscal year of retirement and for an additional 960 hours in the fiscal year following retirement. The CSW-Retiree will be paid at the hourly rate earned and hold the same rank as on the last full day of employment. CSW-Retirees will receive one-third of the Cafeteria amount provided full-time officers and the same uniform allowance as received by full- time officers. CSW-Retirees are employed on an at-will basis and shall not be eligible for any layoff benefits. All applicable PERS regulations and statutes regarding the employment of retirees shall apply.

Pension Reform Act of 2013:

Retirement Tier 2- New Safety Members, as defined by CalPERS, hired on or after to January 1, 2013, shall receive the 2.7% @57 retirement formula, highest thirty -six (36) month average final compensation period, the Fourth Level of the 1959 Survivor's Benefit, which employees agree to pay $2.00 per month, Unused Sick Leave Option, and a two percent (2%) retirement Cost of Living Adjustment (COLA). These Safety Members shall pay half the total normal cost of the retirement plan as determined annually by CalPERS on a pre-tax basis.

ARTICLE 7 - DEFERRED COMPENSATION

Upland Police Officers’ Association 7/1/232 – 6/30/263
4 Effective September 1, 2019, the City will contribute $100 per month in deferred compensation on behalf of each employee in the unit. Employees may add additional contributions voluntarily.

The City will contribute an additional two hundred and fifty dollars ($250) per month on behalf of Police Detectives/Corporals into their deferred compensation account. The City will contribute an additional two hundred dollars ($200) per month on behalf of Police Officers with a minimum of 15 years of continuous service with the City of Upland to their deferred compensation account.

ARTICLE 8 - HEALTH INSURANCE - CAFETERIA PLAN

In accordance with "The City of Upland Cafeteria Plan", the City provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.

The details of Plan eligibility and operational requirements are set forth in the Plan documents. Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify the plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.

1) The City shall make a monthly contribution as set forth below to each eligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125.

2) All employees must enroll in one of the health program plans unless they submit to the City proof of comparable health coverage. The City may require additional proof of alternative coverage at any time.

3) Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the City offers.

4) Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.

BENEFITS CONTRIBUTION

The City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.

1) Employees hired prior to March 1, 2016 will receive the maximum benefits contribution allocation:

 Effective January 1, 20243 = $1,5400
 Effective January 1, 2025 = $1,700
 Effective January 1, 2026 = $1,900

Upland Police Officers’ Association 7/1/232 – 6/30/263
5 2) Employees hired on or after March 1, 2016, will receive the following contributions to the plan effective January 1, 2023.

Employee Only The amount to cover the lowest cost plans for health, dental and vision (Kaiser HSA excluded)
not to exceed the maximum benefits contribution
allocation as stated above.. The cost for this
coverage will not exceed $1,400
Employee plus one The amount to cover the lowest cost plans for health, dental and vision (Kaiser HSA excluded)
not to exceed the maximum benefits contribution
allocation as stated above.. The cost for this
coverage will not exceed $1,400
Family The maximum benefit of $1,400as stated above
for the plan year.

The employee must pay the difference between the City's contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers. In the event of a change, the City agrees to meet and confer prior to any change.

Employees who were hired prior to March 1, 2016, may elect to transfer unused Cafeteria Plan funds to the deferred comp account.

Employees in the unit who elect a medical HSA may transfer unused Cafeteria Plan funds to the HSA (Health Savings Account) up to the maximum amount allowed by IRS guidelines.

Employees who waive medical coverage, dental coverage, and/or vision coverage may elect to put up to the maximum annual amount of five hundred dollars ($500) per Section 125 guidelines in their Flexible Spending Account (FSA).

ARTICLE 9 - RETIREE HEALTH INSURANCE REIMBURSEMENT

a. The City shall contribute monthly on behalf of each retiree the amount set forth in the table below.

b. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.

c. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance
10 – 14 years of service PERS statutory minimum
15 – 19 years of service PERS statutory minimum
20 – 24 years of service PERS statutory minimum
25 + years of service $145.14 per month

The provisions of this article above shall only apply to bargaining unit members hired on or before

Upland Police Officers’ Association 7/1/232 – 6/30/263
6 December 31, 2015.

ARTICLE 10 - RETIREE HEALTH SAVINGS ACCOUNTS

Effective January 1, 2007, Retirement Health Savings (RHS) accounts will be established and through ICMA which will be payable to the employee only upon service or disability retirement with the City of Upland. City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:

Years of Service Monthly City Contribution Yearly City Contribution 5 to 9.99 $12.50 $150.00
10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25 + $100.00 $1,200.00

Upon retirement, all UPOA members shall convert 50% of accrued sick leave, 100% of accrued vacation and 100% of compensatory time to cash and deposit into their Retiree Health Savings Account on a tax deferred basis (in accordance with IRS guidelines). Therefore, the current options of cashing out half of accrued sick leave or using Personal Leave (1/2 of accrued si ck leave) at retirement will no longer be allowable.

Retirees are eligible to continue their medical, dental, and vision coverage with the City of Upland until they reach Medicare Eligible Age, at which time they will be required to enroll in a non-City sponsored Medicare plan. The retiree may choose to remain on the City's Dental and Vision plan. All post-retirement Medical, Dental, and Vision benefits will be paid by the retiree.

If the retiree should become deceased while an eligible surviving spouse is enrolled in coverage, the surviving spouse may continue their Medical, Dental, and/or Vision coverage with the City at their own expense. The Surviving Spouse will not be eligible for the Retiree Health Insurance Reimbursement allowance.

This Article does not apply to unit members hired after the effective date of this agreement. The City will not make any contributions for new hires under this Article.

The City shall have the ability to change providers through the RFP process.

ARTICLE 11 - LIFE INSURANCE

Effective July 1, 2019, the City shall provide all active members employees, a monthly life insurance and accidental death and dismemberment with group life insurance providing $150,000 in basic life insurance benefits and $150,000 in accidental death and dismemberment insurance benefits for each employee.

Upland Police Officers’ Association 7/1/232 – 6/30/263
7 ARTICLE 12 -BILINGUAL PAY

The City will provide compensation in the amount of 2.5% of base salary for employees in the unit who successfully complete a fluency examination and use the language skills as part of their job function and regular duties. The fluency examination will be administered by the Human Resources/Risk Management Office.

Bilingual pay will be for employees who speak Spanish or who speak any other language designated per the Chief of Police as critical to the functions of the Police Department.

When the skill is no longer needed or the employee is no longer required to use it or ceases to possess it, the Chief of Police shall terminate the bilingual compens ation by written notice to the Human Resources/Risk Management Office.

ARTICLE 13 - COURT STANDBY AND CALL OUT PAY

Police Officers and Detectives in such on-call status will be paid 2.5 hours at the rate of one and one-half (1.5) their regular pay.

Court standby compensation is intended for staff who are off-duty, and shall not apply to Officers responding to court within one hour before a regularly scheduled work shift (i.e. as discussed by the parties for example, this includes Officers who are ca lled to court at 8:00 a.m. on a day they are already regularly scheduled to report to work at 9:00 a.m.)

Employees who were not placed on court standby but have been called to court during their off- duty time will receive a minimum of three hours compensation at time and one half (1.5) their regular rate of pay. However, Officers who were not placed on court standby but are called to court on a regularly scheduled work day before their shift begins (i.e., Officers who are called to court at 8:00 a.m. on a day they are already scheduled to report to work at 9:00 a.m.) are only entitled to one hour of court call back pay. Employees in the unit who have been called to court from their off-duty time will receive a minimum of three hours compensation at time and one half (1.5)

If employees who have been called to court from their off duty time are required to return to court in the afternoon after the lunch break, the employee may be reimbursed for lunch up to $10.00, if a receipt for lunch is provided.

ARTICLE 14 - EDUCATION INCENTIVE AND POST CERTIFICATE PAY

All employees in this unit will receive Education Incentive Pay in the following amounts, effective

Upland Police Officers’ Association 7/1/232 – 6/30/263
8 July 1, 2022:

2.5% of base salary for an Associate's Degree (or equiv. college units) OR
5% of base salary for a Bachelor's Degree (or equiv. college units).

All employees in this unit will receive POST Certificate Pay in the following amounts, effective July 1, 2022:

2.5% of base salary for an Intermediate POST Certificate OR

7.5% of base salary for an Advanced POST Certificate.

Eligible employees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of twelve and one half percent (12.5%) of base salary.

Educational Incentive and POST Certificate Pay will take effect when employees in the unit reach Step 4 in the salary schedule. Those employees who were receiving educational incentive and POST certificate pay prior to June 30, 1985 will continue to receive the same compensation and will not be affected by this change.

ARTICLE 15 - DETECTIVE STANDBY PAY

A. Detectives
Detectives shall be paid five hundred dollars ($500) per week or receive ten (10) hours of compensatory time off (member’s choice) for each week of call-out assignment, regardless of whether the employee is actually called to work or not. Standby/call-out pay will be added to the base salary of employees for the purposes of calculating overtime. Detectives on standby will be allowed to take home vehicles.

Detective Standby pay will be paid in accordance with the Detectives Standby Pay Policy, dated December 10, 2001. (Attachment CA)

B. Police Officers
Police Officers who are assigned to the SIU, IMPACT, Traffic, Narcotics/Orion Team, or Personnel & Training divisions may be allowed to participate in the Detective Standby assignment.

The eligible requirements for Police Officers to be considered for Detective Standby assignment will consist of the following:

1. Three (3) years of experience as a sworn Police Officer, two (2) years must have been completed with the Upland Police Department;

2. Associates of Arts degree or equivalent (60 semester or 90 quarter) units;

3. Currently assigned to SIU, IMPACT, Traffic, or Personnel & Training divisions; and

1.4. A demonstrated ability to author, plan, and execute search warrants.

Upland Police Officers’ Association 7/1/232 – 6/30/263
9 The selection procedure for Standby assignment for Police Officers meeting the minimum qualifications listed above will be as follows:

1. Current Detectives will receive first choice of sign-up for six (6) weeks of standby assignment;

2. Police Officers meeting the above minimum qualifications and assigned to the Detective Bureau will be next for selection of standby assignment;

3. Police Officers meeting the above minimum qualifications and assigned to SIU, IMPACT, Traffic, or Personnel & Training will be third for selection for standby assignment. These Police Officers will be allowed to sign-up one (1) week at a time, by seniority, for any remaining weeks of Detective standby.

A Police Officer on Detective Standby assignment is not eligible for overtime on patrol as it will cause the minimum coverage level to fall below standards.

A current Detective will be assigned with each Police Officer assigned to Detective Standby assignment.

ARTICLE 16 – ON-CALL PAY

Employees who are released from active duty but are required by the Chief of Police to leave notice where they can be reached and be able to return to active duty when required by the department shall be assigned to on-call duty. While assigned to on-call duty, an employee shall be free to use the time for their own purposes.

On-call duty requires that employees so assigned shall:

1. Leave a telephone number where they can be reached or wear a communicating device;

2. Be able to respond to duty within thirty (30) minutes or a reasonable amount of time; and

3. Not consume alcoholic beverages.

Assignment of on-call duty and approval of compensation shall be made by the Chief of Police or designee based upon the needs of the City. On -call duty shall be compensated at the rate of eighty dollars ($80) per day per On-Call Duty Assignment. Said compensation is exclusive of any other compensation and shall not count as hours worked.

Examples of On-Call Duty Assignment include, but are not limited to:
 Protest Coverage
 Special Event Coverage
 National Emergency

ARTICLE 17-HOLIDAY PAY

Upland Police Officers’ Association 7/1/232 – 6/30/263
10 All employees serving in classifications covered by this MOU shall be compensated in cash for City designated holidays at the rate of 4.61 hours pay per pay period.

ARTICLE 18 - LONGEVITY PAY

Employees in the unit with ten (10) years or more of continuous City service will receive a two and one half percent (2.5%) increase of base salary, effective January 1, 2016.

Employees in the unit with twenty (20) years or more of continuous City service will receive an additional two and one half percent (2.5%) increase of base salary, for a total of five percent (5%) longevity pay.

The longevity pay will be given through the merit system as a step advancement at ten (10) and twenty (20) years.

Employees in the unit shall receive longevity pay as set forth below based on their years of continuous full -time sworn law enforcement service as follows:

After 5 years – 2.5% of base salary
After 10 years – 5% of base salary
After 15 years – 7.5% of base salary

Eligible employees may only receive one payment of Longevity Pay, for a maximum allowable of seven-and-one-half percent (7.5%) of base salary.

For prior continuous full-time sworn law enforcement service to count towards Longevity Pay the employee must have completed probation with that agency.

ARTICLE 19 - MERITORIOUS PAY

It is recognized that certain employees will put forth the extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City.

Employees recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for a period of three (3) months, six (6) months, or one (1) year. Department head recommendations will be submitted to the City Manager’s Office for review and approval. Payment of meritorious pay will be made in a lump sum on the first regularly scheduled payday after approval from the City Manager. Recommendations will contain supporting documentation justifying the reasons for the pay.

Any Police Officer or Detective who uses twenty-four (24) hours or less sick time in the period from December 1st through November 30th, and has between nine hundred fifty-two (952) and one thousand (1,000) hours of accrued sick leave as of December 1st will receive $200. Computations

Upland Police Officers’ Association 7/1/232 – 6/30/263
11 will be made and payment will be in the form of a lump sum payable on the first payday in December of each year. Such payment will only be made to persons actually in the employ of the City on the date of payment.

ARTICLE 20 - OVERTIME PAY

Unit employees shall receive overtime at the rate of one and one-half (1 ½) times their regular rate of pay for time worked in excess of 40 hours in a 7 day work period. Paid vacation and sick leave during a work period is counted as hours worked for overtime purposes.

ARTICLE 21 - COMPENSATORY TIME OFF

Effective January 1, 2010, employees in the unit may not accrue more than two hundred forty (240) hours of compensatory time off.

An Officer who requests to use Compensatory Time Off (CTO) will be permitted to do so pursuant to the following:

1. All requests to use CTO must be made in writing on the Request for Time Off Form. Request may not be placed in the in-box, e-mailed, or given in any other manner.

2. All requests to use CTO must be made at least three (3) days in advance of the date the officer wishes to use CTO. The Chief of Police or his designee have the authority to approve or deny any CTO request made within the three (3) day minimum requirement.

3. Officers who request to use CTO must find a replacement officer willing to work his/her shift if the request will take the shift below minimum staffing as outlined in the Police Department Policy. The Watch Commander shall also be notified of such as part of the written request to use CTO.

4. An officer requesting to use CTO who is unable to do so because he/she cannot find a replacement for a period of one year, after the request is made, will be cashed out of the CTO he/she requested. Although the parties do not expect this will ever happen, this provision is included in the agreement to comply with the requirements of the FLSA.

5. Notwithstanding paragraphs 2 and 3 above, if an officer requests to use CTO on New Year's Eve, Easter, Halloween, Christmas Eve and on any official City Holiday as designated by the City Council the officer must find and identify the replacement officer to work his/her shift if he/she wants to use CTO even if the shift is above minimum staffing.

Upland Police Officers’ Association 7/1/232 – 6/30/263
12 6. Notwithstanding all of the foregoing, the association and the City acknowledge that there may be times when during the shift an employee may request to use comp time for the remainder of the shift. Such requests will be approved at the discretion of the Chief of Police or his/her designee providing staffing level s are appropriate and the employee's CTO does not result in an unduly disruption to the department's operation.

7. The Fair Labor Standards Act (FLSA) and its regulations provide that request to use CTO shall be granted if made with reasonable notice to the employer and if not" unduly disruptive" to the agency's operations. If the association believes that it has become a practice of the Department to deny CTO to avoid payment of overtime it has the right to require that the Department meet and confer to discuss the practice.

ARTICLE 22- SPECIAL ASSIGNMENT PAY

Police Officers will receive Special Assignment Pay in the amount of five percent (5%) of base salary when assigned to the following special details: Impact Officers, Canine Officers, Motorcycle Officers, Narcotics Officers, School Resource Officers, Specialized Investigations Unit (SIU) Officer, Personnel and Training Coordinator, and Detective Lead.

Field
Training Officers (FTO's) will receive Special Assignment Pay in the amount of five percent (5%) of base salary when assigned as a FTO and only while serving in that capacity.

One (1) Canine Officer will receive Special Assignment Pay in the amount of two and onehalf percent (2.5%) of base salary when assigned to the position of Lead Canine Officer. This Special Assignment Pay is not applicable to employees in the position of Corporal.

The City may designate up to ten (10) FTO's to receive a five percent (5%) increase of base salary on an on-going basis. Employees will be assigned to be FTO's as determined by the Chief of Police to ensure optimal departmental operations and an FTO on each shift.

All special assignments are assigned by the Chief of Police and are subject to shift and regularly scheduled days of being adjusted/changed based on operational necessity due to any critical incident, special event, natural/man -made disaster, protest, crime pattern or any other incident deemed necessary to protect public safety and the health and welfare of the City. The Chief of Police will determine the length of time for each special assignment and may discontinue the assignment at any time.

ARTICLE 23 - UNIFORM ALLOWANCE

Employees in the unit receive a uniform allowance in the amount of one thousand dollars ($1,000) per fiscal year for the purchase, maintenance, and cleaning of uniforms after completion of twelve (12) months of employment. Uniforms will be provided at the time of appointment.

Upland Police Officers’ Association 7/1/232 – 6/30/263
13 Effective July 1, 2022, the City agrees to pay the uniform maintenance allowance of thirty-eight dollars and forty-six cents ($38.46) per pay period, which is equivalent to one thousand dollars ($1,000) per fiscal year. Such payment shall be prorated for employees not working the full year.

For PERS Classic Safety employees, the City shall report to CalPERS the monetary value of uniforms in the amount of thirty-eight dollars and forty-six cents ($38.46) per pay period.

The reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire.

Replacement of Damaged Uniforms:

Employee will be compensated for repair or replacement of uniforms (duty clothing, police jacket, shoes/boots) damaged or destroyed in the performance of their job duties. Such items will be reimbursed at reasonable replacement value. All items will be evaluated on a case-by-case basis by the employees’ supervisors and/or Chief of Police.

ARTICLE 24 - SICK LEAVE

Employees in the unit earn sick leave at the rate of eight (8) hours per month, up to a maximum accrual of 1250 hours. No sick leave may be granted during the first thirty (30) days of employment with the City.

Annually employees in the unit may request to convert a maximum of twenty (20) hours of sick leave to compensation if they have used less than forty (40) hours of sick between January 1 st and December 31st of the prior calendar year.

Any employee who elects to covert accrued sick leave to compensation as provided for herein shall be limited to a maximum of twenty (20) hours per fiscal year of accrued sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to covert such sick leave.
 All sick leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than December 1st of the calendar year prior to the conversion.
 Employees who do not meet the requirement of using less than forty (40) hours of sick leave between January 1st and December 31st of the prior calendar year will not be eligible for the sick leave conversion.
 Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for sick leave converted to cash for that calendar year.  Payments for accrued sick leave conversion to cash shall be made by separate check two (2) times a year (first pay period in June and first pay period in NovemberDecember).

ARTICLE 25 - VACATION

Upland Police Officers’ Association 7/1/232 – 6/30/263
14 Vacation shall accrue for employees in the unit based on the following schedule:

01 – 02 Years of service 96 Hours per year
03 – 05 Years of service 120 Hours per year
06 – 10 Years of service 152 Hours per year
11 – 13 Years of service 160 Hours per year
14 – 16 Years of service 168 Hours per year
17 + Years of service 180 Hours per yearOne additional day (8 hours) per year, up to a maximum of 176
hours per year

All employees may accrue vacation up to a maximum of three (3) years of entitlementfive hundred (500) hours. Any hours over the five hundred (500) hours will automatically be cashed out on the pay period that the maximum accrual is reached.

In NovemberDecember of every year, employees may be paid cash in lieu of unused vacation for up to forty (40) hours of vacation if they have used at least forty (40) hours of vacation between January 1st and December 31st of the prior year.

Any employee who elects to conver t accrued vacation leave to compensation as provided for herein shall be limited to a maximum of forty (40) hours per fiscal year of accrued vacation leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave.
 All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than Decemb er 1st of the calendar year prior to the conversion.
 Employees who do not meet the requirement of using forty (40) hours of vacation leave between January 1st and December 31st of the prior calendar year will not be eligible for vacation buyback.
 Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for vacation leave converted to cash for that calendar year.  Payments for accrued vacation leave conversion to cash shall be made by separate ch eck two (2) times a year (first pay period in June and first pay period in NovemberDecember).

ARTICLE 26 - BEREAVEMENT LEAVE

Employees may take up to 30 hoursfive (5) days of paid bereavement leave annually (January 1 through December 31) per occurrence with pay in the event of a death of the following:a qualified family member. A qualified family member includes a spouse, child, parent, sibling, grandparent,

Upland Police Officers’ Association 7/1/232 – 6/30/263
15 grandchild, domestic partner, or a parent-in-law. mother, father, grandfather, grandmother, brother, sister, spouse, domestic partner, child, grandchild, and employee spouse's or domestic partner's father, mother, grandfather, grandmother, brother, sister and any relative who has resided with the employee for at least one year. Adoptive relatives and step relatives shall count the same as relatives by birth. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.

An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five (5) days of leave do not need to be taken consecutively; they can be used intermittently. If leave is used intermittently, it must be used within three (3) months of the family member’s date of death. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.

Members may also take up to four (4) hours per year to attend funeral services in the City of Upland for situations other than the above with Department Head approval.

ARTICLE 27 - BREAK AND MEAL PERIODS

Patrol Division will receive one 45-minute meal break and two 15-minute breaks (workload permitting) during their full shift. Although officers are subject to calls during the entire break, every effort will be made not to interfere with their meal break.

Emergency calls will be handled immediately by any unit available. If no unit is available, the officer will be called away from their break to respond.

ARTICLE 28 - NO STRIKE PROVISION

The Association agrees that it shall not authorize, instigate, aid, condone, or engage in any strike which will interrupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES

Discipline:

The disciplinary appeal process shall culminate in an arbitration, using a mutually selected arbitrator from the State Mediation and Conciliations Service experienced in police disciplinary cases. The arbitrator's decision in suspension, demotion and termination cases shal l be final and binding.

Personnel File:

Upland Police Officers’ Association 7/1/232 – 6/30/263
16 Pursuant to the side letter agreement dated July 30, 2001, where the officer has not repeated similar misconduct, unit members shall have removed from his/her personnel file any internally generated and citizen generated disciplinary action at the (5) five year anniversary of the discipline.

Documents, pertaining to an "Internal Investigation" not sustained and tTraffic aAccidents contained in the official personnel file may be removed after four (4) years.

The request to remove documentation for repeated similar misconduct shall be in writing, shall state the basis for the request, and be determine d by the Police Chief's discretion to remove the documentation. A decision not to remove a document which is more th an five years old is not subject to the grievance procedures and is not subject to challenge by an employee.

Employees in the unit wishing to inspect his/her personnel file may do so by contacting the Human Resources Department
ARTICLE 30 – STEP INCREASES
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standards” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:
 Supervisors will provide employees with a Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.  Supervisors will provide employees with a Performance Appraisal by the due date provide by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Hunan Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the Performance Appraisal. Once received , Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.  Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appr aisal was originally due.  If the employee receives an overall rating of “Below Standards” the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is “Meets Standards”, the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

Upland Police Officers’ Association 7/1/232 – 6/30/263
17 The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

ARTICLE 3 1 0 - WORK SCHEDULE

Effective January 21, 2001, the parties agree to convert the 4/10 work schedule to a combination of a 4/10 and 3/12.5 work schedule. The new work schedule will include the following elements:

A. There are six shifts to select from. The 4/10 shift will have a day shift/swing shift and night shift. The 3/12.5 shift will have a day shift/night shift and a cover shift.

Exhibit A attached hereto shows each of the shifts. Bargaining unit members working the 3/12.5 shift shall be required to work the following work shift: during a 28-day work period (which is permissible pursuant to Section 207(k) of the Fair Labor Standards Act), bargaining unit members would work twelve 12.5 hour shifts and one 10 hour shift for a total of 160 hours. The twelve 12.5 hour shifts shall be worked three consecutive days per seven day period and the 10 hour shift shall be worked on the day either before or after the three consecutive days. As such, in the workweek when the 10 hour day is worked, the bargaining unit member will work four days in a row.

B. The 10 hour shift would be scheduled at the discretion of the shift's Watch Commander (ultimately at the discretion of the Chief of Police) as follows: when bargaining unit members sign up for their 3/12.5 shift for six months in advance, the Watch Commander shall choose a particular day (e.g., the third Monday or second Friday) which will be the 10 hour workday for the entire six month period.

The Watch Commander shall note the particular day he has selected for the 10 hour workday on the sign up sheet in advance of it being circulated.

C. A 28 day work period (pursuant to Section 7(k) of the FLSA) will be in effect for all sworn police employees of the City. However, notwithstanding the FLSA work period, all sworn personnel shall have wages computed each pay period. Payment of regular wages and overtime (i.e., for work in excess of the regularly assigned shift) shall be made to sworn personnel on each bi -weekly payday. Sworn police personnel shall be compensated with overtime for all hours worked in excess of their regularly assigned shift. Hours worked shall include all time when an employee is necessarily required to be on the employer's premises on duty or at a prescribed work place. Even though paid leave does not count as hours worked pursuant to the FLSA, paid vacation, sick leave and compensatory time off shall count as hours worked for overtime purposes to this Agreement.

Upland Police Officers’ Association 7/1/232 – 6/30/263
18 D. All bargaining unit members working a 3/12.5 work schedule shall work a 12 ½ hour shift.

E. All bargaining unit members working the 3/12.5 or 4/10 work schedules shall be allowed a paid 45 minute45-minute lunch break.

F. Bargaining unit members shall sign up by seniority, unrestricted; 2) bargaining unit members assigned to special assignments, i.e., Detective Bureau, Special Services, Administration and Training assignments, shall generally work from 7:00 a.m. to 5:00 p.m. Monday through Thursday or Tuesday through Friday. Actual shifts to be determined by Chief of Police subject to operational need.

G. Notwithstanding the foregoing, if the Chief of Police determines that a need exists to move a bargaining unit member from one plan shift to another (from 3/12.5 shift to a 4/10 shift or vice versa) or from one shift to another (e.g., day shift to swing shift) to meet minimum staffing and/or emergency needs, he will do the following:
1) He will first post 10 days prior to the need to modify a unit member's work plan or shift a volunteer sign-up sheet asking for individuals who wish to volunteer to have their work plan or shift modified from their current plan or shift to the opposite work plan or another shift ; 2) if he does not receive a volunteer(s), he will modify the work plan or shift of the least senior unit member who is working the work plan or shift from which the Chief needs to move a unit member(s) by moving that individual(s) to the opposite work pl an or another shift to meet department needs (i.e., moving the unit member's work plan from a 3/12.5 to a 4/10 or vice versa or moving the unit member's work shift to another work shift).

ARTICLE 321 - PREVAILING BENEFITS

Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this M.O.U., unless mutually agreed to by both parties.

ARTICLE 332 - SAVINGS CLAUSE

Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what cons titutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.

ACTICLE 343 - PREVENTATIVE HEALTH

Upland Police Officers’ Association 7/1/232 – 6/30/263
19 Effective July 1, 2019, employees in the unit may be reimbursed up to two hundred and fifty dollars ($180 250) annually for the purchase of items, classes, memberships, or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Preventative Health Benefits.

ARTICLE 35 – TUITION REIMBURSEMENT

The City agrees to reimburse employees up to thirty-five hundred dollars ($3,500) per employee, per fiscal year, as long as funds are available, for the costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance of the City’s work or continuing educational goals.

Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade “C” or better or “pass” when taken on a pass/fail basis. Approval for reimbursement must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and related materials. Upon successful completion of the course(s) the employee must submit a request for reimbursement to the Finance Division for processing.

Time spent toward educational or area development shall not be considered as time actually worked and should not occur during regular work hours.

Upland Police Officers’ Association 7/1/232 – 6/30/263
20 CITY OF UPLAND

______________________________________
Michael Blay, City Manager

__________________
Date

______________________________________
Stephen Parker, Assistant City Manager

__________________
Date

______________________________________
Theresa Doyle, Deputy Director of Human
Resources/Risk Managementr

__________________
Date

UPLAND POLICE OFFICERS ASSOCIATION

______________________________________
Chris Delaney, UPOA President

__________________
Date

______________________________________
GabrielAndres Garcia, UPOA Vice President

__________________
Date

Upland Police Officers’ Association 7/1/232 – 6/30/263
21 APPENDIX A

Classes included in the Upland Police Officers’ Association Unit:

Grade Classification Title

636349 Police Corporal

636349 Police Detective

633944 Police Officer

Upland Police Officers’ Association 7/1/232 – 6/30/263
22 APPENDIX B

Upland Police Officers’ Association 7/1/232 – 6/30/263
23 Formatted: Font: 15.5 pt, Bold

Upland Police Officers’ Association 7/1/232 – 6/30/263
24 Please note, the July 1, 2022 salary schedule includes a 2.5% COLA and 2.5% Equity.

Upland Police Officers’ Association 7/1/232 – 6/30/263
25 APPENDIX C
Formatted: Font: 15.5 pt, Bold, Underline

Upland Police Officers’ Association 7/1/232 – 6/30/263
26

Upland Police Officers’ Association 7/1/232 – 6/30/263
27

Upland Police Officers’ Association 7/1/232 – 6/30/263
28

Upland Police Officers’ Association 7/1/232 – 6/30/263
29

1 MEMORANDUM OF UNDERSTANDING (M.O.U.)

BETWEEN

THE CITY OF

UPLAND AND

THE UPLAND POLICE

OFFICERS' ASSOCIATION (UPOA)

July 1, 2023 to June 30, 2026

Upland Police Officers’ Association 7/1/23 – 6/30/26

TABLE OF CONTENTS
ARTICLE 1 - TERM OF AGREEMENT ............................................................................. 1 ARTICLE 2 - PREAMBLE ................................................................................................... 1 ARTICLE 3 - MAINTENANCE OF MEMBERSHIP ........................................................ 1 ARTICLE 4 - MANAGEMENT RIGHTS ............................................................................ 2 ARTICLE 5 - SALARIES ..................................................................................................... 2 ARTICLE 6 - RETIREMENT ............................................................................................... 3 ARTICLE 7 - DEFERRED COMPENSATION ................................................................... 3 ARTICLE 8 - HEALTH INSURANCE - CAFETERIA PLAN ........................................ 4 ARTICLE 9 - RETIREE HEALTH INSURANCE REIMBURSEMENT ........................ 5 ARTICLE 10 - RETIREE HEALTH SAVINGS ACCOUNTS ......................................... 5 ARTICLE 11 - LIFE INSURANCE ...................................................................................... 6 ARTICLE 12 - BILINGUAL PAY .............................................................................. 6 ARTICLE 13 – COURT STANDBY AND CALL OUT PAY ........................................... 7 ARTICLE 14 - EDUCATION INCENTIVE AND POST CERTIFICATE PAY ............ 7 ARTICLE 15 - DETECTIVE STANDBY PAY .................................................................. 8 ARTICLE 16 - ON-CALL PAY ............................................................................................ 8 ARTICLE 17 - HOLIDAY PAY .................................................................................. 9 ARTICLE 18 - LONGEVITY PAY ...................................................................................... 9 ARTICLE 19 - MERITORIOUS PAY ................................................................................ 10 ARTICLE 20- OVERTIME PAY ....................................................................................... 10 ARTICLE 21 - COMPENSATORY TIME OFF ................................................................... 10 ARTICLE 22 - SPECIAL ASSIGNMENT PAY................................................................ 11 ARTICLE 23 - UNIFORM ALLOWANCE ....................................................................... 12 ARTICLE 24 - SICK LEAVE .............................................................................................. 12 ARTICLE 25 - VACATION ................................................................................................ 13 ARTICLE 26 - BEREAVEMENT LEAVE ........................................................................ 14 ARTICLE 27 - BREAK AND MEAL PERIODS .............................................................. 14 ARTICLE 28 - NO STRIKE PROVISION ......................................................................... 14 ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES .............................................. 14 ARTICLE 30 – STEP INCREASES ....................................................................................... 15 ARTICLE 31 - WORK SCHEDULE ................................................................................... 16 ARTICLE 32 - PREVAILING BENEFITS ......................................................................... 17 Page 622 of 1369

Upland Police Officers’ Association 7/1/23 – 6/30/26

ARTICLE 33 - SAVINGS CLAUSE ...................................................................................... 17 ARTICLE 34 - PREVENTATIVE HEALTH ......................................................................... 17 ARTICLE 35 – TUITION REIMBURSEMENT .................................................................... 18

Upland Police Officers’ Association 7/1/23 – 6/30/26 1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND POLICE OFFICERS' ASSOCIATION
JULY 1, 2023 - JUNE 30, 2026

ARTICLE 1 - TERM OF AGREEMENT

Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (M.O.U.) shall be effective July 1, 2023, and shall expire on June 30, 2026.

ARTICLE 2 - PREAMBLE

It is the intent and purpose of this M.O.U. to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Upland (hereinafter referred to as "City") and the Upland Police Officers' Association (hereinafter referred to as "Association").

ARTICLE 3 - MAINTENANCE OF MEMBERSHIP

The Association is the recognized employee organization for the personnel employed in the Police Department occupying the classifications of Police Officer and Police Detective/Corporal.

The City agrees to deduct association dues from the wages of all UPOA members who have filed a written authorization with the association. The City will begin dues deductions at the beginning of the pay period after notice is provided by the Association and will transmit these funds to the Association in a manner which is mutually agreed to.

The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a non -pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non-pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Association dues.

UPOA agrees to enforce this provision and to indemnify and hold harmless the City, its officers and employees, from all liabilities and/or damages arising from the operation of this section.

Upland Police Officers’ Association 7/1/23 – 6/30/26 2 ARTICLE 4 - MANAGEMENT RIGHTS

The authority of the City includes the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

ARTICLE 5 - SALARIES

A. Effective the first full pay period following MOU ratification by UPOA and approval by the City Council, the City shall issue:

a. A one-time payment for Essential Worker Premium Pay of up to five thousand dollars ($5,000) to each employee who has been actively employed by the City during the time period of July 1, 2022 through June 30, 2023 and remains currently employed on the scheduled payment date.

The payment will be made in a separate check issued on the week following the first pay period in fiscal year 2023/2024.

These payments will be pro-rated based on the number of months employees have been employed with the City during July 1, 2022 through June 30, 2023. An employee who was hired after the 15th of the month will not receive credit for working that month for purposes of calculating the pro-rated lump sum payment. For example, an employee hired on August 16, 2022 will receive a payment of $4,166.66 (10 months times $416.66). Employees who have been on an unpaid leave of absence during this time will also have their lump sum payment pro-rated based on the period of unpaid leave of absence.

B. Following MOU ratification by UPO A and City Council approval, all employees in this unit shall receive:

a. A five percent (5%) COLA increase in base salary for all association members, effective the pay period beginning June 25, 2023
b. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning June 23, 2024.
c. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning December 8, 2024.
d. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning June 22, 2025.
e. A two percent (2%) COLA increase in base salary for all association members, effective the pay period beginning December 7, 2025.

Upland Police Officers’ Association 7/1/23 – 6/30/26 3 The parties to this MOU agree for future reference that the survey cities remain as the following cities: Rialto, Ontario, West Covina, Chino, Glendora, and Fontana.

ARTICLE 6 - RETIREMENT

Classic Employees:

Retirement Tier 1 - Safety Members hired before January 1, 2013, shall receive the 3% @ 55 retirement formula, highest twelve (12) month average final compensation period, the Third Level of the 1959 Survivor's Benefit, which employees agree to pay $2.00 per month, Unused Sick Leave Option, and a two percent (2%) retirement Cost of Living Adjustment (COLA). These Safety Members shall pay the entire twelve percent (12%) of the CalPERS employee contribution on a pre-tax basis.

The agreement between the City and CalPERS allows for the buy -back of time served by the employee in the Military as defined under PERS Regulation, Section 21024.

The City, at the Police Chief’s discretion, and in accordance with the law, will allow police officers who voluntarily retire from City service and who are at least 50 years of age at the time of retirement to be rehired as a contract service worker (CSW -Retiree) in his/her previous position for a period not to exceed 960 hours in the fiscal year of retirement and for an additional 960 hours in the fiscal year following retirement. The CSW-Retiree will be paid at the hourly rate earned and hold the same rank as on the last full day of employment. CSW-Retirees will receive one-third of the Cafeteria amount provided full-time officers and the same uniform allowance as received by full- time officers. CSW-Retirees are employed on an at-will basis and shall not be eligible for any layoff benefits. All applicable PERS regulations and statutes regarding the employment of retirees shall apply.

Pension Reform Act of 2013:

Retirement Tier 2- New Safety Members, as defined by CalPERS, hired on or after to January 1, 2013, shall receive the 2.7% @57 retirement formula, highest thirty -six (36) month average final compensation period, the Fourth Level of the 1959 Survivor's Benefit, which employees agree to pay $2.00 per month, Unused Sick Leave Option, and a two percent (2%) retirement Cost of Living Adjustment (COLA). These Safety Members shall pay half the total normal cost of the retirement plan as determined annually by CalPERS on a pre-tax basis.

ARTICLE 7 - DEFERRED COMPENSATION

Effective September 1, 2019, the City will contribute $100 per month in deferred compensation on behalf of each employee in the unit. Employees may add additional contributions voluntarily.

The City will contribute an additional two hundred and fifty dollars ($250) per month on behalf of Police Detectives/Corporals into their deferred compensation account. The City will contribute an additional two hundred dollars ($200) per month on behalf of Police Officers with a minimum of 15 years of continuous service with the City of Upland to their deferred compensation account.

Upland Police Officers’ Association 7/1/23 – 6/30/26 4 ARTICLE 8 - HEALTH INSURANCE - CAFETERIA PLAN

In accordance with "The City of Upland Cafeteria Plan", the City provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.

The details of Plan eligibility and operational requirements are set forth in the Plan documents. Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify the plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.

1) The City shall make a monthly contribution as set forth below to each eligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125.

2) All employees must enroll in one of the health program plans unless they submit to the City proof of comparable health coverage. The City may require additional proof of alternative coverage at any time.

3) Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the City offers.

4) Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.

BENEFITS CONTRIBUTION

The City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.

1) Employees hired prior to March 1, 2016 will receive the maximum benefits contribution allocation:

 Effective January 1, 2024 = $1,500
 Effective January 1, 2025 = $1,700
 Effective January 1, 2026 = $1,900

2) Employees hired on or after March 1, 2016, will receive the following contributions to the plan effective January 1, 2023.

Employee Only The amount to cover the lowest cost plans for health, dental and vision (Kaiser HSA excluded)
not to exceed the maximum benefits contribution
allocation as stated above.

Employee plus one The amount to cover the lowest cost plans for health, dental and vision (Kaiser HSA excluded)

Upland Police Officers’ Association 7/1/23 – 6/30/26 5 not to exceed the maximum benefits contribution
allocation as stated above.

Family The maximum benefit of as stated above for the
plan year.

The employee must pay the difference between the City's contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers. In the event of a change, the City agrees to meet and confer prior to any change.

Employees who were hired prior to March 1, 2016, may elect to transfer unused Cafeteria Plan funds to the deferred comp account.

Employees in the unit who elect a medical HSA may transfer unused Cafeteria Plan funds to the HSA (Health Savings Account) up to the maximum amount allowed by IRS guidelines.

Employees who waive medical coverage, dental coverage, and/or vision coverage may elect to put up to the maximum annual amount of five hundred dollars ($500) per Section 125 guidelines in their Flexible Spending Account (FSA).

ARTICLE 9 - RETIREE HEALTH INSURANCE REIMBURSEMENT

a. The City shall contribute monthly on behalf of each retiree the amount set forth in the table below.

b. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.

c. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance
10 – 14 years of service PERS statutory minimum
15 – 19 years of service PERS statutory minimum
20 – 24 years of service PERS statutory minimum
25 + years of service $145.14 per month

The provisions of this article above shall only apply to bargaining unit members hired on or before December 31, 2015.

ARTICLE 10 - RETIREE HEALTH SAVINGS ACCOUNTS

Retirement Health Savings (RHS) accounts will be established and will be payable to the employee only upon service or disability retirement with the City of Upland. City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:

Years of Service Monthly City Contribution Yearly City Contribution 5 to 9.99 $12.50 $150.00

Upland Police Officers’ Association 7/1/23 – 6/30/26 6 10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25 + $100.00 $1,200.00

Upon retirement, all UPOA members shall convert 50% of accrued sick leave, 100% of accrued vacation and 100% of compensatory time to cash and deposit into their Retiree Health Savings Account on a tax deferred basis (in accordance with IRS guidelines). Therefore, the current options of cashing out half of accrued sick leave or using Personal Leave (1/2 of accrued sick leave) at retirement will no longer be allowable.

Retirees are eligible to continue their medical, dental, and vision coverage with the City of Upland until they reach Medicare Eligible Age, at which time they will be required to enroll in a non-City sponsored Medicare plan. The retiree may choose to remain on the City's Dental and Vision plan. All post-retirement Medical, Dental, and Vision benefits will be paid by the retiree.

If the retiree should become deceased while an eligible surviving spouse is enrolled in coverage, the surviving spouse may continue their Medical, Dental, and/or Vision coverage with the City at their own expense. The Surviving Spouse will not be eligible for the Retiree Health Insurance Reimbursement allowance.

This Article does not apply to unit mem bers hired after the effective date of this agreement. The City will not make any contributions for new hires under this Article.

The City shall have the ability to change providers through the RFP process.

ARTICLE 11 - LIFE INSURANCE

Effective July 1, 2019, the City shall provide all active members employees, a monthly life insurance and accidental death and dismemberment with group life insurance providing $150,000 in basic life insurance benefits and $150,000 in accidental death and dismemberment insurance benefits for each employee.

ARTICLE 12 -BILINGUAL PAY

The City will provide compensation in the amount of 2.5% of base salary for employees in the unit who successfully complete a fluency examination and use the language skills as part of their job function and regular duties. The fluency examination will be administered by the Human Resources/Risk Management Office.

Bilingual pay will be for employees who speak Spanish or who speak any other language designated per the Chief of Police as critical to the functions of the Police Department.

When the skill is no longer needed or the employee is no longer required to use it or ceases to possess it, the Chief of Police shall terminate the bilingual compensation by written notice to the Human

Upland Police Officers’ Association 7/1/23 – 6/30/26 7 Resources/Risk Management Office.

ARTICLE 13 - COURT STANDBY AND CALL OUT PAY

Police Officers and Detectives in such on-call status will be paid 2.5 hours at the rate of one and one-half (1.5) their regular pay.

Court standby compensation is intended for staff who are off-duty, and shall not apply to Officers responding to court within one hour before a regularly scheduled work shift (i.e. as discussed by the parties for example, this includes Officers who are called to court at 8:00 a.m. on a day they are already regularly scheduled to report to work at 9:00 a.m.)

Employees who were not placed on court standby but have been called to court during their off- duty time will receive a minimum of three hours compensation at time and one half (1.5) their regular rate of pay. However, Officers who were not placed on court standby but are called to court on a regularly scheduled work day before their shift begins (i.e., Officers who are called to court at 8:00 a.m. on a day they are already schedule d to report to work at 9:00 a.m.) are only entitled to one hour of court call back pay. Employees in the unit who have been called to court from their off-duty time will receive a minimum of three hours compensation at time and one half (1.5)

If employees who have been called to court from their off duty time are required to return to court in the afternoon after the lunch break, the employee may be reimbursed for lunch up to $10.00, if a receipt for lunch is provided.

ARTICLE 14 - EDUCATION INCENTIVE AND POST CERTIFICATE PAY

All employees in this unit will receive Education Incentive Pay in the following amounts, effective July 1, 2022:

2.5% of base salary for an Associate's Degree (or equiv. college units) OR
5% of base salary for a Bachelor's Degree (or equiv. college units).

All employees in this unit will receive POST Certificate Pay in the following amounts, effective July 1, 2022:

2.5% of base salary for an Intermediate POST Certificate OR

7.5% of base salary for an Advanced POST Certificate.

Eligible employees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of twelve and one half percent (12.5%) of base salary.

Upland Police Officers’ Association 7/1/23 – 6/30/26 8 ARTICLE 15 - DETECTIVE STANDBY PAY

A. Detectives
Detectives shall be paid five hundred dollars ($500) per week or receive ten (10) hours of compensatory time off (member’s choice) for each week of call-out assignment, regardless of whether the employee is actually called to work or not. Standby/call-out pay will be added to the base salary of employees for the purposes of calculating overtime. Detectives on standby will be allowed to take home vehicles.

Detective Standby pay will be paid in accordance with the Detectives Standby Pay Policy, dated December 10, 2001. (Attachment C)

B. Police Officers
Police Officers who are assigned to the SIU, IMPACT, Traffic, Narcotics/Orion Team, or Personnel & Training divisions may be allowed to participate in the Detective Standby assignment.

The eligible requirements for Police Officers to be considered for Detective Standby assignment will consist of the following:

1. Three (3) years of experience as a sworn Police Officer, two (2) years must have been completed with the Upland Police Department;

2. Associates of Arts degree or equivalent (60 semester or 90 quarter) units;

3. Currently assigned to SIU, IMPACT, Traffic, or Personnel & Training divisions; and

4. A demonstrated ability to author, plan, and execute search warrants.

The selection procedure for Standby assignment for Police Officers meeting the minimum qualifications listed above will be as follows:

1. Current Detectives will receive first choice of sign-up for six (6) weeks of standby assignment;

2. Police Officers meeting the above minimum qualificat ions and assigned to the Detective Bureau will be next for selection of standby assignment;

3. Police Officers meeting the above minimum qualifications and assigned to SIU, IMPACT, Traffic, or Personnel & Training will be third for selection for standby assignment. These Police Officers will be allowed to sign-up one (1) week at a time, by seniority, for any remaining weeks of Detective standby.

A Police Officer on Detective Standby assignment is not eligible for overtime on patrol as it will cause the minimum coverage level to fall below standards.

A current Detective will be assigned with each Police Officer assigned to Detective Standby assignment.

ARTICLE 16 – ON-CALL PAY

Employees who are released from active duty but are required by the Chief of Police to leave notice where they can be reached and be able to return to active duty when required by the

Upland Police Officers’ Association 7/1/23 – 6/30/26 9 department shall be assigned to on-call duty. While assigned to on-call duty, an employee shall be free to use the time for their own purposes.

On-call duty requires that employees so assigned shall:

1. Leave a telephone number where they can be reached or wear a communicating device;

2. Be able to respond to duty within thirty (30) minutes or a reasonable amount of time; and

3. Not consume alcoholic beverages.

Assignment of on-call duty and approval of compensation shall be made by the Chief of Police or designee based upon the needs of the City. On-call duty shall be compensated a t the rate of eighty dollars ($80) per day per On -Call Duty Assignment. Said compensation is exclusive of any other compensation and shall not count as hours worked.

Examples of On-Call Duty Assignment include, but are not limited to:
 Protest Coverage
 Special Event Coverage
 National Emergency

ARTICLE 17-HOLIDAY PAY

All employees serving in classifications covered by this MOU shall be compensated in cash for City designated holidays at the rate of 4.61 hours pay per pay period.

ARTICLE 18 - LONGEVITY PAY

Employees in the unit shall receive longevity pay as set forth below based on their years of continuous full-time sworn law enforcement service as follows:

After 5 years – 2.5% of base salary
After 10 years – 5% of base salary
After 15 years – 7.5% of base salary

Eligible employees may only receive one payment of Longevity Pay, for a maximum allowable of seven -and-one-half percent (7.5%) of base salary.

For prior continuous full-time sworn law enforcement service to count towards Longevity Pay the employee must have completed probation with that agency.

Upland Police Officers’ Association 7/1/23 – 6/30/26 10 ARTICLE 19 - MERITORIOUS PAY

It is recognized that certain employees will put forth extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City.

Employees recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for a period of three (3) months, six (6) months, or one (1) year. Department head recommendations will be submitted to the City Manager’s Office for review and approval. Payment of meritorious pay will be made in a lump sum on the first regularly scheduled payday after approval from the City Manager. Recommendations will contain supporting documentation justifying the reasons for the pay.

Any Police Officer or Detective who uses twenty-four (24) hours or less sick time in the period from December 1st through November 30th, and has between nine hundred fifty -two (952) and one thousand (1,000) hours of accrued sick leave as of December 1st will receive $200. Computations will be made and payment will be in the form of a lump sum payable on the first payday in December of each year. Such payment will only be made to persons actually in the employ of the City on the date of payment.

ARTICLE 20 - OVERTIME PAY

Unit employees shall receive overtime at the rate of one and one-half (1 ½) times their regular rate of pay for time worked in excess of 40 hours in a 7 day work period. Paid vacation and sick leave during a work period is counted as hours worked for overtime purposes.

ARTICLE 21 - COMPENSATORY TIME OFF

Effective January 1, 2010, employees in the unit may not accrue more than two hundred forty (240) hours of compensatory time off.

An Officer who requests to use Compensatory Time Off (CTO) will be permitted to do so pursuant to the following:

1. All requests to use CTO must be made in writing on the Request for Time Off Form. Request may not be placed in the in-box, e-mailed, or given in any other manner.

2. All requests to use CTO must be made at least three (3) days in advance of the date the officer wishes to use CTO. The Chief of Police or his designee have the authority to approve or deny any CTO request made within the three (3) day minimum requirement.

3. Officers who request to use CTO must find a replacement officer willing to work his/her shift if the request will take the shift below minimum staffing as outlined in the Police Department Policy. The Watch Commander shall also be notified of

Upland Police Officers’ Association 7/1/23 – 6/30/26 11 such as part of the written request to use CTO.

4. An officer requesting to use CTO who is unable to do so because he/she cannot find a replacement for a period of one year, after the request is made, will be cashed out of the CTO he/she requested. Although the parties do not expect this will ever happen, this provision is included in the agreement to comply with the requirements of the FLSA.

5. Notwithstanding paragraphs 2 and 3 above, if an officer requests to use CTO on New Year's Eve, Easter, Halloween, Christmas Eve and on any official City Holiday as designated by the City Council the officer must find and identify the replacement officer to work his/her shift if he/she wants to use CTO even if the shift is above minimum staffing.

6. Notwithstanding all of the foregoing, the association and the City acknowledge that there may be times when during the shift an employee may request to use comp time for the remainder of the shift. Such requests will be approved at the discretion of the Chief of Police or his/her designee providing staffing level s are appropriate and the employee's CTO does not result in an unduly disruption to the department's operation.

7. The Fair Labor Standards Act (FLSA) and its regulations provide that request to use CTO shall be granted if made with reasonable notice to the employer and if not" unduly disruptive" to the agency's operations. If the association believes that it has become a practice of the Department to deny CTO to avoid payment of overtime it has the right to require that the Department meet and confer to discuss the practice.

ARTICLE 22- SPECIAL ASSIGNMENT PAY

Police Officers will receive Special Assignment Pay in the amount of five percent (5%) of base salary when assigned to the following special details: Impact Officers, Canine Officers, Motorcycle Officers, Narcotics Officers, School Resource Officers, Specialized Investigations Unit (SIU) Officer, Personnel and Training Coordinator, and Detective Lead.

Field Training Officers (FTO's) will receive Special Assignment Pay in the amount of five percent (5%) of base salary when assigned as a FTO and only while serving in that capacity.

One (1) Canine Officer will receive Special Assignment Pay in the amount of two and onehalf percent (2.5%) of base salary when assigned to the position of Lead Canine Officer. This Special Assignment Pay is not applicable to employees in the position of Corporal.

The City may designate up to ten (10) FTO's to receive a five percent (5%) increase of base salary on an on -going basis. Employees will be assigned to be FTO's as determined by the Chief of Police to ensure optimal departmental operations and an FTO on each shift.

All special assignments are assigned by the Chief of Police and are subject to shift and regularly scheduled days of being adjusted/changed based on operational necessity due to any critical incident,

Upland Police Officers’ Association 7/1/23 – 6/30/26 12 special event, natural/man-made disaster, protest, crime pattern or any other incident deemed necessary to protect public safety and the health and welfare of the City. The Chief of Police will determine the length of time for each special assignment and may discontinue the assignment at any time.

ARTICLE 23 - UNIFORM ALLOWANCE

Employees in the unit receive a uniform allowance in the amount of one thousand dollars ($1,000) per fiscal year for the purchase, maintenance, and cleaning of uniforms after completion of twelve (12) months of employment. Uniforms will be provided at the time of appointment.

Effective July 1, 2022, the City agrees to pay the uniform maintenance allowance of thirty-eight dollars and forty-six cents ($38.46) per pay period, which is equivalent to one thousand dollars ($1,000) per fiscal year. Such payment shall be prorated for employees not working the full year.

For PERS Classic Safety employees, the City shall report to CalPERS the monetary value of uniforms in the amount of thirty-eight dollars and forty-six cents ($38.46) per pay period.

The reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire.

Replacement of Damaged Uniforms:

Employee will be compensated for repair or replacement of uniforms (duty clothing, police jacket, shoes/boots) damaged or destroyed in the performance of their job duties. Such items will be reimbursed at reasonable replacement value. All items will be evaluated on a case-by-case basis by the employees’ supervisors and/or Chief of Police.

ARTICLE 24 - SICK LEAVE

Employees in the unit earn sick leave at the rate of eight (8) hours per month, up to a maximum accrual of 1250 hours. No sick leave may be granted during the first thirty (30) days of employment with the City.

Annually employees in the unit may request to convert a maximum of twenty (20) hours of sick leave to compensation if they have used less than forty (40) hours of sick between January 1 st and December 31st of the prior calendar year.

Any employee who elects to covert accrued sick leave to compensation as provided for herein shall be limited to a maximum of twenty (20) hours per fiscal year of accrued sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451 -1(a), must comply with the following:

 Any sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1 st of the calendar year prior to the end of the calendar year in which the employee wishes to covert such sick leave.
 All sick leave conversion requests are irrevocable and cannot be changed or amended

Upland Police Officers’ Association 7/1/23 – 6/30/26 13 unless rescinded and received in writing by Human Resources no later than December 1 st of the calendar year prior to the conversion.
 Employees who do not meet the requirement of using less tha n forty (40) hours of sick leave between January 1st and December 31st of the prior calendar year will not be eligible for the sick leave conversion.
 Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for sick leave converted to cash for that calendar year.  Payments for accrued sick leave conversion to cash shall be made by separate check two (2) times a year (first pay period in June and first pay period in November).

ARTICLE 25 - VACATION

Vacation shall accrue for employees in the unit based on the following schedule:

01 – 02 Years of service 96 Hours per year
03 – 05 Years of service 120 Hours per year
06 – 10 Years of service 152 Hours per year
11 – 13 Years of service 160 Hours per year
14 – 16 Years of service 168 Hours per year
17 + Years of service 180 Hours per year

All employees may accrue vacation up to a maximum of five hundred (500) hours. Any hours over the five hundred (500) hours will automatically be cashed out on the pay period that the maximum accrual is reached.

In November of every year, employees may be paid cash in lieu of unused vacation for up to forty (40) hours of vacation i f they have used at least forty (40) hours of vacation between January 1st and December 31st of the prior year.

Any employee who elects to convert accrued vacation leave to compensation as provided for herein shall be limited to a maximum of forty (40) h ours per fiscal year of accrued vacation leave to be co nverted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451 -1(a), must comply with the following:

 Any vacation leave conversion request must be made in wri ting using the form provided by Human Resources and must be received by Human Resources no later than December 1 st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave.
 All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than December 1 st of the calendar year prior to the conversion.
 Employees who do not meet the requirement of using forty (40) hours of vacation leave between January 1st and December 31st of the prior calendar year will not be eligible for vacation buyback.
 Employees who fail to submit a request by December 1st of the calendar year prior to the

Upland Police Officers’ Association 7/1/23 – 6/30/26 14 conversion will not be eligible for vacation leave converted to cash for that calendar year.  Payments for accrued vacation leave conversion to cash shall be made by separate check two (2) times a year (first pay period in June and first pay period in November).

ARTICLE 26 - BEREAVEMENT LEAVE

Employees may take up to five (5) days of paid bereavement leave annually (January 1 through December 31) per occurrence in the event of a death of a qualified family member. A qualified family member includes a spouse, child, parent, s ibling, grandparent, grandchild, domestic partner, or a parent-in-law. Adoptive relatives and step relatives shall count the same as relatives by birth.

An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five (5) days of leave do not need to be taken consecutively; they can be used intermittently. If leave is used intermittently, it must be used within three (3) months of the family member’s date of death. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.

Members may also take up to four (4) hours per year to attend funeral services for situations other than the above with Department Head approval.

ARTICLE 27 - BREAK AND MEAL PERIODS

Patrol Division will receive one 45-minute meal break and two 15-minute breaks (workload permitting) during their full shift. Although officers are subject to calls during the entire break, every effort will be made not to interfere with their meal break.

Emergency calls will be handled immediately by any unit available. If no unit is available, the officer will be called away from their break to respond.

ARTICLE 28 - NO STRIKE PROVISION

The Association agrees that it shall not authorize, instigate, aid, condone, or engage in any strike which will interrupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES

Discipline:

The disciplinary appeal process shall culminate in anarbitration, using a mutually selected arbitrator from the State Mediation and Conciliations Service experienced in police disciplinary cases. The arbitrator's decision in suspension, demotion and termination cases shall be final and binding.

Upland Police Officers’ Association 7/1/23 – 6/30/26 15 Personnel File:

Pursuant to the side letter agreement dated July 30, 2001, where the officer has not repeated similar misconduct, unit members shall have removed from his/her personnel file any internally generated and citizen generated disciplinary action at the (5) five year anniversary of the discipline.

Documents, pertaining to an "Internal Investigation" not sustainedand traffic accidents contained in the official personnel file may be removed after four (4) years.

The request to remove documentation for repeated similar misconduct shall be in writing, shall state the basis for the request, and be determine d by the Police Chief's discretion to remove the documentation. A decision not to remove a document which is more than five years old is not subject to the grievance procedures and is not subject to challenge by an employee.

Employees in the unit wishing to inspect his/her personnel file may do so by contacting the Human Resources Department
ARTICLE 30 – STEP INCREASES
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standards” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:
 Supervisors will provide employees with a Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.  Supervisors will provide employees with a Performance Appraisal by the due date provide by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Hunan Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the Performance Appraisal. Once received, Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.  Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.  If the employee receives an overall rating of “Belo w Standards” the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is “Meets Standards”, the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

Appeal Process

Upland Police Officers’ Association 7/1/23 – 6/30/26 16 An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

ARTICLE 3 1 - WORK SCHEDULE

Effective January 21, 2001, the parties agree to convert the 4/10 work schedule to a combination of a 4/10 and 3/12.5 work schedule. The new work schedule will include the following elements:

A. There are six shifts to select from. The 4/10 shift will have a day shift/swing shift and night shift. The 3/12.5 shift will have a day shift/night shift and a cover shift.

Bargaining unit members working the 3/12.5 shift shall be required to work the following work shift: during a 28-day work period (which is permissible pursuant to Section 207(k) of the Fair Labor Standards Act), bargaining unit members would work twelve 12.5 hour shifts and one 10 hour shift for a total of 160 hours. The twe lve

12.5 hour shifts shall be worked three consecutive days per seven day period and the 10 hour shift shall be worked on the day either before or after the three consecutive days. As such, in the workweek when the 10 hour day is worked, the bargaining unit member will work four days in a row.

B. The 10 hour shift would be scheduled at the discretion of the shift's Watch Commander (ultimately at the discretion of the Chief of Police) as follows: when bargaining unit members sign up for their 3/12.5 shift for six months in advance, the Watch Commander shall choose a particular day (e.g., the third Monday or second Friday) which will be the 10 hour workday for the entire six month period.

The Watch Commander shall note the particular day he has selected for the 10 hour workday on the sign up sheet in advance of it being circulated.

C. A 28 day work period (pursuant to Section 7(k) of the FLSA) will be in effect for all sworn police employees of the City. However, notwithstanding the FLSA work period, all sworn personnel shall have wages computed each pay period. Payment of regular wages and overtime (i.e., for work in excess of the regularly assigned shift) shall be made to sworn personnel on each bi -weekly payday. Sworn police personnel shall be compensated wit h overtime for all hours worked in excess of their regularly assigned shift. Hours worked shall include all time when an employee is necessarily required to be on the employer's premises on duty or at a prescribed work place. Even though paid leave does no t count as hours worked pursuant to the FLSA, paid vacation, sick leave and compensatory time off shall

Upland Police Officers’ Association 7/1/23 – 6/30/26 17 count as hours worked for overtime purposes to this Agreement.

D. All bargaining unit members working a 3/12.5 work schedule shall work a 12 ½ hour shift.

E. All bargaining unit members working the 3/12.5 or 4/10 work schedules shall be allowed a paid 45-minute lunch break.

F. Bargaining unit members shall sign up by seniority, unrestricted; 2) bargaining unit members assigned to special assignments, i.e., Detective Bureau, Special Services, Administration and Training assignments, shall generally work from 7:00 a.m. to 5:00 p.m. Monday through Thursday or Tuesday through Friday. Actual shifts to be determined by Chief of Police subject to operational need.

G. Notwithstanding the foregoing, if the Chief of Police determines that a need exists to move a bargaining unit member from one shift to another (from 3/12.5 shift to a 4/10 shift or vice versa) or from one shift to another (e.g., day shift to swing shift) to meet minimum staffing and/or emergency needs, he will do the following: 1) He will first post 10 days prior to the need to modify a unit member's work plan or shift a volunteer sign-up sheet asking for individuals who wish to volunteer to have their work plan or shift modified from their current plan or shift to the opposite work plan or another shift; 2) if he does not receive a volunteer(s), he will modify the work plan or shift of the least senior unit member who is working the work plan or shift from which the Chief needs to move a unit member(s) by moving that individual(s) to the opposite work plan or another shift to meet department needs (i.e., moving the unit member's work plan from a 3/12.5 t o a 4/10 or vice versa or moving the unit member's work shift to another work shift).

ARTICLE 32 - PREVAILING BENEFITS

Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this M.O.U., unless mutually agreed to by both parties.

ARTICLE 33 - SAVINGS CLAUSE

Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit w ill be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.

ACTICLE 34 - PREVENTATIVE HEALTH

Effective July 1, 2019, employees in the unit may be reimbursed up to two hundred and fifty

Upland Police Officers’ Association 7/1/23 – 6/30/26 18 dollars ($250) annually for the purchase of items, classes, memberships, or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Preventative Health Benefits.

ARTICLE 35 – TUITION REIMBURSEMENT

The City agrees to reimburse employees up to thirty-five hundred dollars ($3,500) per employee, per fiscal year, as long as funds are available, for the costs for tuition and textbooks incurred for job -related education. Such expenditure must enhance the furtherance of the City’s work or continuing educational goals.

Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade “C” or better or “pass” when taken on a pass/fail basis. Approval for reimbursement must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and related materials. Upon successful completion of the course(s) the employee must submit a request for reimbursement to the Finance Division for processing.

Time spent toward educational or area development shall not be considered as time actually worked and should not occur during regular work hours.

Upland Police Officers’ Association 7/1/23 – 6/30/26 19 CITY OF UPLAND

______________________________________
Michael Blay, City Manager

__________________
Date

______________________________________
Stephen Parker, Assistant City Manager

__________________
Date

______________________________________
Theresa Doyle, Deputy Director of Human
Resources/Risk Management

__________________
Date

UPLAND POLICE OFFICERS ASSOCIATION

______________________________________
Chris Delaney, UPOA President

__________________
Date

______________________________________
Gabriel Garcia, UPOA Vice President

__________________
Date

Upland Police Officers’ Association 7/1/23 – 6/30/26 20 APPENDIX A

Classes included in the Upland Police Officers’ Association Unit:

Grade Classification Title

49 Police Corporal

49 Police Detective

44 Police Officer

Upland Police Officers’ Association 7/1/23 – 6/30/26 21 APPENDIX B

Upland Police Officers’ Association 7/1/23 – 6/30/26 22 APPENDIX C

Upland Police Officers’ Association 7/1/23 – 6/30/26 23

Upland Police Officers’ Association 7/1/23 – 6/30/26 24

Upland Police Officers’ Association 7/1/23 – 6/30/26 25

Upland Police Officers’ Association 7/1/23 – 6/30/26 26

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING A MEMORANDUM OF

UNDERSTANDING WITH THE UPLAND POLICE

MANAGEMENT ASSOCIATION

WHEREAS, it is the policy of the City of Upland to compensate its employees in a fair and equitable manner for their efficient and faithful service; and

WHEREAS, the City opened negotiations with the duly authorized representatives of the Upland Police Management Association and have reached Agreement to amend the current Memorandum of Understanding through June 30, 2027.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby approves the Memorandum of Understanding between the City of Upland and the Upland Police Management Association, attached hereto, and authorizes the City Manager, Assistant City Manager, and Deputy Director of Human Resources/Risk Management to execute the Memorandum of Understanding.

Section 3. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 5. Effective Date. This Resolution shall become effective July 1, 2023.

PASSED, APPROVED and ADOPTED this 12th day of June, 2023.

Bill Velto, Mayor

Resolution No.

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 12th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE CITY OF UPLAND

AND

THE UPLAND POLICE MANAGEMENT ASSOCIATION

July 1, 2022 2023 to June 30, 20232027

Upland Police Management Association 7/1/20232 – 6/30/20237

TABLE OF CONTENTS

ARTICLE 1 - TERM OF AGREEMENT ..................................................................................... 4 ARTICLE 2 – PREAMBLE ....................................................................................................... 4 ARTICLE 3 – RECOGNITION ................................................................................................. 4 ARTICLE 4 - MANAGEMENT RIGHTS ................................................................................... 4 ARTICLE 5 – SALARIES ......................................................................................................... 5 ARTICLE 6 – RETIREMENT ................................................................................................. 56 ARTICLE 7 - DEFERRED COMPENSATION ............................................................................ 7 ARTICLE 8 – HEALTH INSURANCE – CAFETERIA PLAN777ARTICLE 8 – HEALTH INSURANCE – CAFETERIA PLAN ................................................................................................................. 7 ARTICLE 9 – RETIREE HEALTH INSURANCE REIMBURSEMENT........................................ 998 ARTICLE 10 – RETIREE HEALTH SAVINGS ACCOUNTS ................................................... 9109 ARTICLE 11 – PREVENTATIVE HEALTH BENEFIT ........................................................ 111010 ARTICLE 12 – LIFE INSURANCE .................................................................................. 111010 ARTICLE 13 – BILINGUAL PAY .................................................................................... 111010 ARTICLE 14 – COURT STANDBY PAY .......................................................................... 111110 ARTICLE 15 – HOLIDAY PAY ........................................................................................... 1211 ARTICLE 16 - LONGEVITY PAY................................................................................ 12131211 ARTICLE 17 – EDUCATION INCENTIVE AND POST CERTIFICATE PAY .................... 14131312 ARTICLE 18 - TUITION REIMBURSEMENT...................................................................... 1214 ARTICLE 19 - MERITORIOUS PAY ........................................................................... 15141413 ARTICLE 20 - OVERTIME PAY ................................................................................. 16151513 ARTICLE 21 – COMPENSATORY TIME OFF ............................................................ 16151613 ARTICLE 22 - UNIFORM ALLOWANCE ................................................................... 17161614 ARTICLE 23 - SICK LEAVE ....................................................................................... 17161614 ARTICLE 24 - VACATION ........................................................................................ 18171715 ARTICLE 25 – VACATION BUYBACK ....................................................................... 19171815 ARTICLE 26 - BEREAVEMENT LEAVE ...................................................................... 19181816

Upland Police Management Association 7/1/20232 – 6/30/20237

3 ARTICLE 27 - EXECUTIVE LEAVE ............................................................................ 20181916 ARTICLE 28 –NO STRIKE PROVISION ..................................................................... 20181916 ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES .......................................................... 1619 ARTICLE 30 – STEP INCREASESWORK SCHEDULE .................................................. 21192017 ARTICLE 31 - PREVAILING BENEFITSWORK SCHEDULE ......................................... 23202118 ARTICLE 32 – SAVINGS CLAUSEPREVAILING BENEFITS ......................................... 23212118 ARTICLE 33 - SAVINGS
CLAUSE ................................................................................................................................... ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ 2221

Upland Police Management Association 7/1/20232 – 6/30/20237

4 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND POLICE MANAGEMENT ASSOCIATION
July 1, 2022 2023 – JUNE 30, 20232027

ARTICLE 1 - TERM OF AGREEMENT

Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (MOU) shall be effective on July 1, 20232, and shall expire on June 30, 20237.

ARTICLE 2 – PREAMBLE

It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Upland (hereinafter referred to as “City”) and the Upland Police Management Association (h ereinafter referred to “Association”).

ARTICLE 3 – RECOGNITION

In 2015, the Upland Police Captains Association petitioned to join the Upland Police Management Association. The petition was approved by the Employee Relations Officer per the procedures outlined in the City’s Employer–Employee Relations Resolution. The Association is the recognized employee organization for the personnel employed in the Police Department occupying the classifications of Police Sergeant, Police Lieutenant, and Police Captain.

ARTICLE 4 - MANAGEMENT RIGHTS

The City retains all management rights not explicitly and expressly relinquished by the City in this Agreement. Such rights shall include, but not limited to:

A. Decisions involving City policy,
B. The level and type of City services,
C. The merit, necessity and/or organization of the polic e service, D. Matters of public safety and similar management decisions , E. Determining the procedures and standards of selection for employment and promotion, F. Directing employees, taking disciplinary action, and relieving employees from duty because of lack of work or other legitimate reasons,
G. Managing the efficiency of work

Upland Police Management Association 7/1/20232 – 6/30/20237

5 H. Maintaining the efficiency of governmental operations determine the methods, means, and personnel by which government operations are to be conducted I. Determining the content of job classific ations
J. Taking all necessary actions to carry out the mission in emergencies K. Exercising the complete control and discretion over its organization and the technology used in performing work

The City’s exercise of any management right is not subject to meeting and conferring except as to the impact such exercise has on matters within the scope of representation, as defined by applicable law.

ARTICLE 5 – SALARIES

1. Effective the pay period beginning June 25ly 1, 20222023, following MOU ratification by UPMA and City Council approval, the benchmark of positions all employees in this unit shall receivebe as follows:

Benchmark of Police Sergeant:

The City will benchmark the top step (Step 6) of Police Sergeant at least 9 ranges (or approximately 25%) above the top step (Step 6) of Police Corporal/Detective.

Benchmark of Police Lieutenant:

The City will benchmark the top step (Step 6) of Police Lieutenant at least 9 ranges (or approximately 25%) above the top step (Step 6) of Police Sergeant.

Benchmark of Police Captain:

The City will benchmark the top step (Step 6) of Police Captain at least 6 ranges (or approximately 16%) above the top step (Step 6) of Police Lieutenant.

If the ranges drop more than 2% below the difference between ranks, (23% or morelower for Police Sergeant and Lieutenant and 14% or morelower for Police Captain) the City and the Association will meet and confer on adjusting the ranges. . a two and one half percent (2.5%) COLA increase in base salary

2. The City will issue a one-time payment for Essential Worker Premium Pay of up to seventy-five hundredfive thousand dollars ($57,,500000) to each employee who has been actively employed by the City during the time p eriod of July 1, 2022April 1, 20201 through June 30, 2023March 31, 20212 and remains currently employed as of the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 20223/20243. The parties agree that the one-time distribution shall not be pensionable.

Upland Police Management Association 7/1/20232 – 6/30/20237

6 3. The parties to this MOU agree for future reference that the survey cities remain as the following cities: Rialto, Ontario, West Covina, Chino, Glendora, and Fontana.

ARTICLE 6 – RETIREMENT

A. Classic Employees – The City of Upland provides its Police Sergeants, Lieutenants and Captains with membership in the California Public Employees ’ Retirement System (CalPERS), 3% @ 55 retirement formula.

Effective the first full pay period following July 1, 2016, “Classic” employees defined by the Pension Reform Act of 2013 will pay the nine percent (9%) CalPERS employee/member contribution and an additional three percent (3%) “cost sharing” pension contribution. Total employee/member contribution to be twelve percent (12%). This cost sharing pension contribution shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU.

The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee “cost sharing” contributions will be made pursuant to Government Code Section 20516, Employee Cost Sharing of Additional Benefits.

The City contracts with CalPERS for the Single Highest Year Option for all employees who are not defined as “new members” pursuant to the Pension Reform Act of 2013 and the 1959 Survivor Benefit, 3rd level for all members of the bargaining unit. There is an employee cost of $2.00 per month for the 1959 Survivor Benefit. The agreement between the City and CalPERS allows for the buy-back of time served by the employee in the Military as defined under PERS Regulation, Section 21024.

The City, at the Police Chief’s discretion, and in accordance with the law, will allow police officers who voluntarily retire from City service and who are at least 50 years of age at the time of retirement to be rehired as a contract service worker (CSW -Retiree) in his/her previous position for a period not to exceed 960 hours in the fiscal year of retirement and for an additional 960 hours in the fiscal year following retirement. The CSW -Retiree will be paid at the hourly rate earned and hold the same rank as on the last full day of employment. CSW - Retirees will receive one-third of the Cafeteria amount provided full-time officers and the same uniform allowance as received by full-time officers. CSW-Retirees are employed on an at-will basis and shall not be eligible for any layoff benefits. All applicable PERS regulations and statutes regarding the employment of retirees shall apply.

Upland Police Management Association 7/1/20232 – 6/30/20237

7 B. Pension Reform Act of 2013 –

1) The parties agree that the provisions of AB 340 (The California Pension Reform Act of 2013) went into effect on January 1, 2013. In addition, if there is any other clean up or other retirement legislation which goes into effect during this MOU and if ther e are provisions of that legislation which, by law automatically goes into effect, it shall do so.

Either party may request to negotiate over the impact of such subsequent legislation.

2) Two Tier Retirement: Pursuant to the Act, for “new members” (as defined by the Act) who are employees hired after January 1, 2013, they will be hired pursuant to the 2.7% @ 57 retirement formula.

3) For “new members” (as defined by the Act) who are employees hired after January 1, 2013, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.

4) Employee Paid Retirement Contribution - For employees defined as “new members” by the Act hired after January 1, 2013, they shall pay the higher of the classic member contribution or one half of the total normal cost rate as defined by the Act as their employee retirement contribution.

ARTICLE 7 - DEFERRED COMPENSATION

Effective July 1, 2022, tThe City agrees to contribute seven percent (7%) of base monthly salary to the City’s deferred compensation plan on behalf of each employee in the unit.

ARTICLE 8 – HEALTH INSURANCE – CAFETERIA PLAN

A. Cafeteria Plan - In accordance with "The City of Upland Cafeteria Plan", the city provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.

The details of Plan eligibility and operational requirements are set forth in the Plan documents.

Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify t he plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.

1. The city shall make a monthly contribution as set forth below to each eligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125.

Upland Police Management Association 7/1/20232 – 6/30/20237

8 2. All employees must enroll in one of the health program plans unless they submit to the city proof of comparable health coverage.

3. Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the city offers.

4. Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.

B. City Section 125 Benefit Contribution– the City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.

Employees hired prior to January 1, 2016 will receive the maximum benefits contribution allocation:
a. Effective January 1July 1, 20224 - $1,5500
b. Effective Januaryuly 1, 2025 - $1,700
a.c. Effective Januaryuly 1, 2026 - $1,900
d. Effective January 1, 2027 - $2,000
Any additional increases negotiated by UPOA in which a higher benefit contribution is received, the UPMA would receive the same increase.

Employees hired on or after January 1, 2016 will receive the following contributions to the plan:

 Employee Only 100% of the amount to cover
the lowest cost plans for
health, dental, and vision
(Kaiser HSA excluded) The
amount to cover the lowest
cost plans for health, dental
and vision (Kaiser HSA
excluded) The cost for this
coverage will not to exceed
the maximum benefits
contribution allocation as
stated above.

 Employee plus one 100% of the amount to cover
the lowest cost plans for
health, dental, and vision
(Kaiser HSA excluded) The
amount to cover the lowest
cost plans for health, dental
and vision (Kaiser HSA
excluded) The cost for this
coverage will not exceed the
maximum benefits

Upland Police Management Association 7/1/20232 – 6/30/20237

9 contribution allocation as
stated above.
 Family The maximum benefit of as
stated above for the plan
year.$1,500

The employee must pay the difference between the City’s contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers. In the event of a change, the city agrees to meet and co nfer over the impact of the decision.

All employees in the unit may transfer unused Cafeteria Plan funds to the Deferred Compensation 457 Plan.

Employees in the unit who elect a medical HSA (Health Savings Account) may transfer unused Cafeteria Plan funds up to the maximum amount allowed by IRS guidelines.

Employees who waive medical coverage, dental coverage, and/or vision coverage may elect to put up to the maximum annual amount of five hundred dollars ($500) per Section 125 guidelines in their Flexible Spending Account (FSA).

No cash-in-lieu will be allowed effective January 1, 2020.

ARTICLE 9 – RETIREE HEALTH INSURANCE REIMBURSEMENT

The City will provide retiree health insurance reimbursement in accordance with the following schedule for employees who retire from the City, have health insurance and are paying a premium which exceeds these amounts. An additional $45 per month allowance is provided for a spouse if the spouse is covered under the employees insurance.

10 - 14 years of service $ 72.57 per month
15 - 19 years of service $ 96.81 per month
20 - 24 years of service $121.05 per month
25 + years of service $145.14 per month
The provisions of this article above shall only apply to bargaining unit members hired on or before March 31, 2016.

Upland Police Management Association 7/1/20232 – 6/30/20237

10 ARTICLE 10 – RETIREE HEALTH SAVINGS ACCOUNTS

Effective January 1, 2007, Retirement Health Savings (RHS) accounts currently established through ICMA which will be payable to the employee only upon service or disability retirement with the City of Upland. City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:

Years of Service Monthly City Contribution Yearly City Contribution 5 to 9.99 $12.50 $150.00
10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25 + $100.00 $1,200.00

Upon service or disability retirement, all UPMA members may choose one of the following options :shall:

1. Cconvert 50% of accrued sick leave, 100% of accrued vacation and 100% of compensatory time to cash and deposit into their Retiree Health Savings Account on a tax deferred basis (in accordance with IRS guidelines). Therefore, the current options of cashing out half of accrued sick leave or using Personal Leave (½ of accrued sick leave) at retirement will no longer be allowable.

Retirees are eligible to continue their medical, dental and vision coverage with the City of Upland until they reach Medicare Eligible Age, at which time they will be required to enroll in a non -City sponsored Medicare plan. The retiree may choose to remain on the City’s Dental and Vision plan.

All post-retirement Medical, Dental and Vision benefits will be paid by the retiree.

If the retiree should become deceased while an eligible surviving spouse is enrolled in coverage, the surviving spouse may continue their Medical, Dental and/or Vision coverage with the City at their own expense. The Surviving Spouse will not be eligible for the Retiree Health Insurance Reimbursement allowance

This Article does not apply to unit members hired after the effective date of this agreement. The City will not make any contributions for new hires under this Article.

The City shall have the ability to change providers through an RFP process.

ARTICLE 11 – PREVENTATIVE HEALTH BENEFIT

Upland Police Management Association 7/1/20232 – 6/30/20237

11 Beginning FY2019-2020, eEmployees in the unit may be reimbursed up to two hundred and fifty the purchase of items or participation considered acceptable as defined in the City’s Preventative Health Benefits policy. This reimbursement shall be made in June of each year. Other use may be approved by the City Manager.

ARTICLE 12 – LIFE INSURANCE

The City provides Association members with group life insurance in an amount equal to one times (1x) their annual salary.

ARTICLE 13 – BILINGUAL PAY

For employees who have been receiving bilingual pay prior to June 30, 2022 and have successfully completed a fluency examination, the City will continue to provide compensation in the amount of two and one halftwo- and one-half percent (2.5%) of base salary. The City will provide compensation in the amount of two- and one-half percent (2.5%) of base salary for Police Captains, Sergeants and Lieutenants in the unit who as part of their job function and regular duties, and who have successfully completed a fluency examination administered by the Human Resources/Risk Management Office.

Bilingual pay will be for employees who speak Spanish or who speak any other language designated per the Chief of Police as critical to the functions of the Police Department.

When the skill is no longer needed or the employee is no longer required to use it or ceases to posses it, the Chief of Police shall terminate the bilingual compensation by written notice to the Human Resources/Risk Management Office.

ARTICLE 14 – COURT STANDBY PAY

COURT STANDBY PAY

Police Sergeant and Lieutenants who are placed on court standby will be compensated two- and one-half (2.5) hours at the rate of one and one-half (1.5) their regular pay.

Court standby compensation is intended for staff who are off-duty, and shall not apply to members responding to court within one hour before a regularly scheduled work shift (i.e. as discussed by the parties for example, this includes members who are called to court at 8:00 a.m. on a day they are already regularly scheduled to report to work at 9:00 a.m.)

Employees who were not placed on court standby but have been called to court during their off - duty time will receive a minimum of three hours compensation at the rate of one and one half (1.5) their regular rate of pay. However, members who were not placed on court standby but are called to court on a regularly scheduled work day before their shift begins (i.e., members who are called to court at 8:00 a.m. on a day they are already scheduled to report to work at 9:00

Upland Police Management Association 7/1/20232 – 6/30/20237

12 a.m.) are only entitled to one hour of court call back pay. Employees in the unit who have been called to court from their off dutyoff-duty time will receive a minimum of three hours compensation at time and one half (1 ½).

If employees who have been called to court from their off dutyoff-duty time are required to return to court in the afternoon after the lunch break, the employee may be reimbursed for lunch up to $10.00, if a receipt for lunch is provided.

SERGEANT STANDBY PAY

Sergeants shall receive ten (10) hours of compensatory time per week of call-out assignment, regardless of whether the employee is actually has been called to work or not. Standby/call- out pay will be added to the base salary of employees for the purposes of calculating overtime.

Standby Pay is limited to one (1) Sergeant per week.

ARTICLE 15 – HOLIDAY PAY

All Police Sergeants and Lieutenants covered by this MOU shall be compensated in cash for City designated holidays at the rate of 4.61 hours pay per pay period.

All Police Captains shall observe the following holidays, established by Resolution of the City Council:

New Year’s Day (January 1)
Martin Luther King Day (Third Monday in January)
President’s Day (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day (The Day After the Fourth Thursday in November) Christmas Day (December 25)

All holidays shall be ten (10) hours unless otherwise noted.

If the holiday falls on a Friday or Saturday, Thursday shall be designated as the official holiday and if the holiday falls on Sunday, Monday shall be designated as the official holiday.

Upland Police Management Association 7/1/20232 – 6/30/20237

13 Police Lieutenants shall receive ten (10) hours of Floating Holiday annually. Floating holiday hours must be used during the calendar year or they will be automatically cashed out on the pay date in January that covers the final pay period in December.

Police Captains shall receive 32 hours of Floating Holiday annually. Floating holiday hours must be used during the calendar year or they will be removed from the booksautomatically cashed out on December 31st of each yearthe pay date in January that covers the final pay period in December.

ARTICLE 16 - LONGEVITY PAY

Effective July 1, 20232:

Employees in the unit with ten five (105) years or more of continuous City sworn police service will receive a two and one halftwo- and one-half percent (2.5%) increase in base salary.

Employees in the unit with fifteen ten (1150) years or more of continuous City sworn police service will receive an additional two and one halftwo- and one-half percent (2.5%) increase in base salary, for a total of five percent (5%) longevity pay.

Employees in the unit with twenty fifteen (1520) years or more of continuous City sworn police service will receive an additional two and one halftwo- and one-half percent (2.5%) increase in base salary, for a total of seven and half percent (7.5%) longevity pay.

Employees who join the unit from the POA shall be eligible to utilize all prior continuous full-time sworn law enforcement years of service towards longevity. For prior continuous full-time sworn law enforcement service to count towards Longevity Pay the employee must have completed probation with that agency. Any employee who joins the unit from outside the City or POA shall not have their sworn years of service count towards longevity.

Any additional increases longevity benefits negotiated by UPOA in which a higher incentive is received, would also be provided to thethe UPMA would receive the same increase.

A. Police Sergeants, Lieutenants and Captains –

Employees receiving Education Incentive Pay based on Equivalent college units for an Associate’s Degree or Bachelor’s Degree prior to July 1, 2022, will continue to receive Educational Incentive compensation. Any unit members hired or pro moted after July 1,2022, will receive Education Incentive Pay as outlined below.

1) Education Incentive Pay in the following amounts, effective July 1, 20232:

Two and one halfTwo- and one-half percent (2.5%) of base salary for an Associate’s Degree
OR
Five percent (5%) of base salary for a Bachelors Degree

Upland Police Management Association 7/1/20232 – 6/30/20237

14 OR
Seven and one halfSeven- and one-half percent (7.5%) of base salary for a Graduate Degree (including Master’s, Juris Doctorate, Doctorate)

2) POST Certificate Pay in the following amounts, effective July 1, 20223:

Two and one half percent (2.5%) of base salary for an Intermediate POST Certificate OR
Five Seven- and one-half percent (7.5%) of base salary for an Advanced POST Certificate.

Eligible employees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of fifteen percent (15%) of base salary.

3) POST Certificate Pay in the following amounts, effective July 1, 2024:

Two- and one-half percent (2.5%) of base salary for an Intermediate POST Certificate OR
Seven- and one-half percent (7.5%) of base salary for an Advanced POST Certificate.

OR
Twelve- and one-half percent (12.5%) of base salary for a Management POST Certificate.

Effective July 1, 2024, eligible employees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of twenty percent (20%) of base salary.

4) POST Certificate Pay in the following amounts, effective July 1, 2025:

Two- and one-half percent (2.5%) of base salary for an Intermediate POST Certificate OR
Seven- and one-half percent (7.5%) of base salary for an Advanced POST Certificate.

OR
Ten percent (10%) of base salary for a Supervisory POST Certificate.

OR
Fifteen percent (15%) of base salary for a Management POST Certificate.

Effective July 1, 2025, eEligible Police Sergeants and Lieutenantsemployees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of twelve and one halftwenty-two and a half percent (2212.5%) of base salary.

ARTICLE 18 – TUITION REIMBURSEMENT

Upland Police Management Association 7/1/20232 – 6/30/20237

15 The City agrees to reimburse employees up to thirty-five hundred dollars ($3,500) per employee, per fiscal year, as long as funds are available, for the costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance of the City’s work or continuing educational goals.

Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade “C” or better or “pass” when taken on a pass/fail basis. Approval for reimbursement must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and related materials. Upon successful completion of the course(s) the employee must submit a request for reimbursement to Finance Division for processing.

Time spent toward educational or area development shall not be considered as time actually worked and should not occur during regular work hours.

ARTICLE 19 - MERITORIOUS PAY

It is recognized that certain employees will put forth the extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City. Employees recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for period of (3) three months, six (6) months, or (1) one year. Department Head recommendations will be submitted to the City Manager’s Office for review and approval. Payment of meritorious pay will be made in a lump sum on the first regularly scheduled pay day after approval form the City Manager.

Recommendations will contain supporting documentation justifying the reasons for the pay.

Any Police Sergeant, Lieutenant, or Captain who uses twenty-four 24 hours or less of sick leave in the period from December 1st through November 30th, and has between nine hundred and fifty-two (952) and one thousand (1000) hours of accrued sick leave as of December 1st will receive $500. Computations will be made and payment will be in the form of a lump sum payable on the first payday in December of each year. Such payment will only be made to persons actually in the employ of the City on the date of payment.

ARTICLE 20 - OVERTIME PAY

Police Sergeants and Lieutenants shall receive overtime at the rate of one and one-half (1 ½) times their regular rate of pay for time worked in excess of 40 hours in a 7 day7-day work period.

Paid vacation and sick leave and compensatory time off during a work period are cou nted as hours worked for overtime purposes.

Police Captains are exempt from the FLSA and are not eligible for overtime compensation.

Upland Police Management Association 7/1/20232 – 6/30/20237

16 Effective July 1, 2024, this section will not apply to Police Lieutenants as they will be classified as exempt employees and will no longer be eligible for overtime hours , except, any overtime hours worked by Police Lieutenants, where the City is reimbursed by an outside party for the overtime hours (such as OTS Grants), shall be eligible for overtime pay.

Lieutenants may work overtime in positions traditionally worked by sergeants (e.g., patrol supervisor, watch commander, special events, etc.). Lieutenants will be entitled to overtime pay only when:

a) they are working in a position traditionally worked by sergeants, and

b) they are working during a period when they are not regularly scheduled to work their current assignments (e.g., on a day off, on vacation, before or after they have completed their regularly assigned work shift, etc.).

Overtime shall be paid at the rate of one and one half (1 ½) times the member’s regular rate of pay.

ARTICLE 21 – COMPENSATORY TIME OFF

Police Sergeants and LieutenantsUnit members may not accrue more than three hundred (300) hours of compensatory time off. Employees in this unit may convert forty (40) hours of vacation into non-FLSA compensatory time off annually.

Police Sergeants assigned to patroland Lieutenants, at the time of the who request for to use of compensatory time off, shall provide the name of a replacement prior to the granting of the request for CTOcompensatory time off.

ARTICLE 22 - UNIFORM ALLOWANCE

Employees in the unit receive a uniform allowance in the amount of one thousand dollars ($1,000) per year for the purchase, maintenance and cleaning of uniforms after completion of 12 months of employment. Uniforms will be provided at the time of appointm ent. This allowance will be paid twice a year (½ in June and ½ in December).

Effective July 1, 2023, the City agrees to pay the uniform maintenance allowance of thirty-eight dollars and forty-six cents ($38.46) per pay period, which is equivalent to one thousand dollars ($1,000) per fiscal year. Such payment shall be prorated for employees n ot working the full year.

For PERS Classic Safety employees, the City shall report to CalPERS the monetary value of uniforms in the amount of thirty-eight dollars and forty-six cents ($38.46) per pay period.

The reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire.

Replacement of Damaged Uniforms:

Upland Police Management Association 7/1/20232 – 6/30/20237

17 Employees will be compensated for repair or replacement of uniforms damaged or destroyed in the performance of their job duties. Such items will be reimbursed at reasonable replacement value. All items will be evaluated on a case-by-case basis by the employees’ supervisors and/or the Chief of Police.
a. Duty clothing, police jacket, shoes/boots -- replacement cost.

Employees in the unit earn sick leave at the rate of eight (8) hours per month, up to a maximum accrual of 1,250 hours. No sick leave may be granted during the first thirty (30) days of employment with the City.

Annually, employees in the unit may request to convert a maximum of twenty (20) hours of sick leave to pay if they have used less than forty (40) hours of sick between January 1st and November 30th of the prior calendar year.

Any employee who elects to convert accrued sick leave to compensation as provided for herein shall be limited to a maximum of twenty (20) hours per fiscal year of accrued sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to covert such sick leave.
 All sick leave conversion requests are irrevocable and cannot be change d or amended unless rescinded and received in writing by Human Resources no later than December 1st of the calendar year prior to the conversion.
 Employees who do not meet the requirement of using less than forty (40) hours of sick leave between January 1st and November 30th of the prior calendar year will not be eligible for the sick leave conversion.
 Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for sick leave converted to pay for that calendar year.

Payments for accrued sick leave conversion to pay shall be made by separate check two (2) times a year (first pay period in June and first pay period in NovemberDecember).

ARTICLE 24 - VACATION

Vacation shall accrue for Police Sergeants, and Lieutenants, and Captains based on the following schedule:

01 – 02 Years of service 96 Hours per year

Upland Police Management Association 7/1/20232 – 6/30/20237

18 03 – 05 Years of service 120 Hours per year
06 – 10 Years of service 152 Hours per year
11 – 13 Years of service 160 Hours per year
14 – 156 Years of service 168 Hours per year
176 + Years of service 180 Hours per yearOne additional day (8 hours) per year, up to a maximum of 176 hours per
year

Vacation shall accrue for Police Captains based on the following schedule:

01 – 02 Years of service 96 Hours per year
03 – 05 Years of service 120 Hours per year
06 – 16 Years of service 152 Hours per year
17 + Years of service One additional day (8 hours) per year, up to a maximum of 176 hours per year

All employees may accrue vacation up to a maximum of three (3) years of entitlementfive hundred (500) hours. Any hours over the five hundred (500) hours will automatically be cashed out on the pay period that the maximum accrual is reached.

ARTICLE 25 – VACATION BUYBACK

In December November of every year, employees may be paid cash in lieu of unused vacation for up to sixty (60) hours of vacation if they have used at least forty (40) hours of vacation between January November 1st of the prior year and December 31stNovember October 31st 30th of the prior year.

Any employee who elects to convert accrued vacation leave to compensation as provided for herein shall be limited to a maximum of sixty (60) hours per fiscal year of accrued vacation leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave.
 All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources not later than December 1st of the calendar year prior to the conversion.

Upland Police Management Association 7/1/20232 – 6/30/20237

19  Employees who do not meet the requirement of using forty (40) hours of vacation leave between January November 1st of the prior year and December 31stNovember October 31st 30th of the prior current calendar year will not be eligible for vacation buyback.  Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for vacation leave converted to pay for that calendar year.  Payment for accrued vacation leave conversion to pay shall be made by separate check two (2) times a year (first pay period in June and first pay period in DecemberNovember).

ARTICLE 26 - BEREAVEMENT LEAVE

Association membersEmployees may use up to five (5) consecutive days of accrued sickpaid bereavement leave annually (January 1 – December 31) per occurrence for thein the event of a death of a qualified family member. A qualified family member includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or a parent-iin-law. Adoptive relatives and step relatives shall count the same as relatives by birth.of a spouse or blood relation up to 2 generations removed, including spouse’s parents. Bereavement leave (5 days of accrued sick leave) may also be taken for the death of a dependent not related by blood who has lived within the employee’s household for the preceding six months.

The City will consider a request for bereavement leave for the death of a member’s aunt and uncle on a case by case basis.

An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five (5) days of leave do not need to be taken consecutively; they can be used intermittently.

If leave is used intermittently, it must be used within three (3) months of the family member’s date of death. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.

Members may also take up to four (4) hours per year to attend funeral services in the City of Upland for situations other than the above with Department Head approval.

ARTICLE 27 - EXECUTIVE LEAVE

Police Sergeants receive twenty (20) hours of Executive Leave annually. Effective January 1, 2024, Police Lieutenants receive thirty (30) hours of Executive Leave annually.and Police Captains shall receive forty fifty (50) hours of executive leave annually. This leave must be used within the calendar year, or it will be cashed out on the last payday in December.Executive leave that is not used by December will automatically be cashed out on the pay date in January that covers the final pay period in December.

ARTICLE 28 -– NO STRIKE PROVISION

Upland Police Management Association 7/1/20232 – 6/30/20237

20 The Association agrees that it shall not authorize, instigate, aid, condone, or engage in any strike which will interrupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

ARTICLE 29 – DISCIPLINE AND PERSONNEL FILES

Disciplinary records for employees shall be maintained in accordance with Penal Code Section 832.5.

The disciplinary appeal process shall culminate in an arbitration using a mutually selected arbitrator from the State Mediation and Conciliations Service, experienced in police disciplinary cases. The arbitrator’s decision in suspension, demotion and termination cases shall be final and binding.

Where the officer has not repeated similar misconduct, unit members shall have removed from his/her personnel file any disciplinary action for a minor offense after four years. Also, after five years any major offenses shall also be removed. A minor offense shall be defined as anything in which the officer receives a five day suspension or less. A major offense shall be anything in which the officer receives more than a five day suspension, including demotion or pay reduction.

ARTICLE 303 - STEP INCREASES

1. Step Increases
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standards” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:

 Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.
 Supervisors will provide employees with Performance Appraisal by the due date provided by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Human Resources to complete. During the thirty (30) day peri od, the employee shall not receive the merit increase until Human Resources receives the

Upland Police Management Association 7/1/20232 – 6/30/20237

21 Performance Appraisal. Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.  Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.
 If the employee receives an overall rating of “Below Standards” the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is “Meets Standards”, the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

2. Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

ARTICLE 310 – WORK SCHEDULE

Effective January 21, 2001, the parties agree to convert the 4/10 work schedule to a combination of a 4/10 and 3/12.5 work schedule. The work schedule includes the following elements:

A. There are six shifts to select from. The 4/10 shift will have a day shift/swing shift and night shift. The 3/12.5 shift will have a day shift/night shift and a cover shift. Exhibit A attached hereto shows each of the shifts. Bargaining unit members working the 3/12.5 shift shall be required to work the following work shift: during a 28 -day work period (which is permissible pursuant to Section 207(k) of the Fair Labor Standards Act), bargaining unit members would work twelve (12) 12.5 hour shifts and one 10 hour shift for a total of 160 hours. The twelve (12) 12.5 hour shift shall be worked three consecutive days per seven day period and the 10

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22 hour shift shall be worked on the day either before or after the three consecutive days. As

B. The 10 hour shift would be scheduled at the discretion of the shift’s Watch Commander (ultimately at the discretion of the Chief of Police) as follows: when bargaining unit members sign up for their 3/12.5 shift for six months in advance, the Watch Commander shall choose a particular day (e.g., the third Monday or second Friday) which will be the 10 hour workday for the entire six month period. The Watch Commander shall note the particular day he has selected for the 10 hour workday on the sign up sheet in advance of it being circulated.Sergeants assigned to special assignments, i.e., Detective Bureau, Special Services, Administration and Training will work a 4-10 schedule.

C. A 28 day work period (pursuant to Section 7(k) of the FLSA) will be in effect for all sworn police employees of the City. However, notwithstanding the FLSA work period, all sworn personnel shall have wages computed each pay period. Payment of regular wages and overtime (i.e., for work in excess of the regularly assigned shift) shall be made to sworn personnel on each bi-weekly payday. Sworn police personnel shall be compensated with overtime for all hours worked in excess of their regularly assigned shift. Hours wo rked shall include all time when an employee is necessarily required to be on the employer’s premises on duty or at a prescribed work place. Even though paid leave does not count as hours worked pursuant to the FLSA, paid vacation, sick leave and compensatory time off shall count as hours worked for overtime purposes to this Agreement.

E.D. All bargaining unit members working the 3/12.5 or 4/10 work schedules shall be allowed a paid 45 minute lunch break.

F.E. Bargaining unit members shall sign up by seniority, unrestricted; 2) bargaining unit members assigned to special assignments, i.e., Detective Bureau, Special Services, Administration and TrainingAdministration, Training and Division Commanders, shall will typically work from 7:00 a.m. to 5:00 p.m. Monday through Thursday.

G.F. Notwithstanding the foregoing, if the Chief of Police determines that a need exists to move a bargaining unit member from one plan to another (from 3/12.5 shift to a 4/10 shift or vice versa) or from one shift to another (e.g., day shift to swing night shift) to meet minimum staffing and/or emergency needs, he they will do the following: 1) He They will first post 10 days prior to the need to modify a unit member’s work plan or shift a volunteer sign - up sheet asking for individuals who wish to volunteer to have their work plan or shift modified from their current plan or shift to the opposite work pl an or another shift; 2) if he they does don’t not receive a volunteer(s), they will modify the work plan or shift of the least senior unit member who is working the work plan or shift from which the Chief needs to move a unit member(s) by moving that individual(s) to the opposite work plan or another shift to meet department needs (i.e., moving the unit member’s work plan from a 3/12.5 to a 4/10 or vice versa or moving the unit member’s work shift to another work shift).

ARTICLE 321 - PREVAILING BENEFITS

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23 Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.

ARTICLE 332 - SAVINGS CLAUSE

Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing o r subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.

ARTICLE 33 - STEP INCREASES

3. Step Increases
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standards” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:

 Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.
 Supervisors will provide employees with Performance Appraisal by the due date provided by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Human Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the Performance Appraisal. Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.  Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the D epartment Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.

Upland Police Management Association 7/1/20232 – 6/30/20237

24  If the employee receives an overall rating of “Below Standards” the step may be

4. Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

CITY OF UPLAND

_____________________________________ ___________________ Michael Blay, City Manager Date

_____________________________________ ___________________ Stephen Parker, Assistant City Manager Date

_____________________________________ ____________________ Terry Doyle, Deputy Director of Human Resources/Risk Managementr Date

UPLAND POLICE MANAGEMENT ASSOCIATION

Upland Police Management Association 7/1/20232 – 6/30/20237

25 _____________________________________ ___________________ Maurice Duran, UPMA President Date

______________________________________ ___________________ Anthony Kabayan, UPMA Vice-President Date

APPENDIX A

Classes included in the Upland Police Management Unit:

GradeRange Classification Title
646173 POLICE CAPTAIN

542167 POLICE LIEUTENANT

5387 58 POLICE SERGEANT

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26 APPENDIX B

Upland Police Management Association 7/1/20232 – 6/30/20237

27

Upland Police Management Association 7/1/20232 – 6/30/20237

28

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29 Please note the salary schedule for the 4th year of the MOU will be determined once negotiations with the Upland Police Officers Association have been completed.

Please note the July 1, 2022 salary schedule includes a 2.5% COLA and 2.5% equity increase.

MEMORANDUM OF UNDERSTANDING (MOU )

BETWEEN

THE CITY OF UPLAND

AND

THE UPLAND POLICE MANAGEMENT ASSOCIATION

July 1, 2023 to June 30, 2027

Upland Police Management Association 7/1/2023 – 6/30/2027

TABLE OF CONTENTS

ARTICLE 1 - TERM OF AGREEMENT ..................................................................................... 4 ARTICLE 2 – PREAMBLE ....................................................................................................... 4 ARTICLE 3 – RECOGNITION ................................................................................................. 4 ARTICLE 4 - MANAGEMENT RIGHTS ................................................................................... 4 ARTICLE 5 – SALARIES ......................................................................................................... 5 ARTICLE 6 – RETIREMENT ................................................................................................... 6 ARTICLE 7 - DEFERRED COMPENSATION ............................................................................ 7 ARTICLE 8 – HEALTH INSURANCE – CAFETERIA PLAN ......................................................... 7 ARTICLE 9 – RETIREE HEALTH INSURANCE REIMBURSEMENT............................................ 9 ARTICLE 10 – RETIREE HEALTH SAVINGS ACCOUNTS ......................................................... 9 ARTICLE 11 – PREVENTATIVE HEALTH BENEFIT ................................................................ 10 ARTICLE 12 – LIFE INSURANCE .......................................................................................... 10 ARTICLE 13 – BILINGUAL PAY ............................................................................................ 10 ARTICLE 14 –STANDBY PAY ............................................................................................... 11 ARTICLE 15 – HOLIDAY PAY ............................................................................................... 11 ARTICLE 16 - LONGEVITY PAY............................................................................................ 12 ARTICLE 17 – EDUCATION INCENTIVE AND POST CERTIFICATE PAY ................................ 13 ARTICLE 18 - TUITION REIMBURSEMENT.......................................................................... 14 ARTICLE 19 - MERITORIOUS PAY ....................................................................................... 14 ARTICLE 20 - OVERTIME PAY ............................................................................................. 15 ARTICLE 21 – COMPENSATORY TIME OFF ........................................................................ 15 ARTICLE 22 - UNIFORM ALLOWANCE ............................................................................... 16 ARTICLE 23 - SICK LEAVE ................................................................................................... 16 ARTICLE 24 - VACATION .................................................................................................... 17 ARTICLE 25 – VACATION BUYBACK ................................................................................... 17 ARTICLE 26 - BEREAVEMENT LEAVE .................................................................................. 18 ARTICLE 27 - EXECUTIVE LEAVE ........................................................................................ 18

Upland Police Management Association 7/1/2023 – 6/30/2027

3 ARTICLE 28 –NO STRIKE PROVISION ................................................................................. 18 ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES .............................................................. 19 ARTICLE 30 – STEP INCREASES .......................................................................................... 19 ARTICLE 31 - WORK SCHEDULE ......................................................................................... 21 ARTICLE 32 – PREVAILING BENEFITS ................................................................................. 21 ARTICLE 32 – SAVINGS CLAUSE ......................................................................................... 21

Upland Police Management Association 7/1/2023 – 6/30/2027

4 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND POLICE MANAGEMENT ASSOCIATION
July 1, 2023 – JUNE 30, 2027

ARTICLE 1 - TERM OF AGREEMENT

Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (MOU) shall be effective on July 1, 2023, and shall expire on June 30, 2027.

ARTICLE 2 – PREAMBLE

It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Upland (hereinafter referred to as “City”) and the Upland Police Management Association (hereinafter referred to “Association”).

ARTICLE 3 – RECOGNITION

The Association is the recognized employee organization for the personnel employed in the Police Department occupying the classifications of Police Sergeant , Police Lieutenant, and Police Captain.

ARTICLE 4 - MANAGEMENT RIGHTS

The City retains all management rights not explicitly and expressly relinquished by the City in this Agreement. Such rights shall include, but not limited to:

A. Decisions involving City policy,
B. The level and type of City services,
C. The merit, necessity and/or organization of the police service, D. Matters of public safety and similar management decisions, E. Determining the procedures and standards of selection for employment and promotion, F. Directing employees, taking disciplinary action, and relieving employees from duty because of lack of work or other legitimate reasons,
G. Managing the efficiency of work
H. Maintaining the efficiency of governmental operations determine the methods, means, and personnel by which government operations are to be conducted

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5 I. Determining the content of job classifications
J. Taking all necessary actions to carry out the mission in emergencies K. Exercising the complete control and discretion over its organization and the technology used in performing work

The City’s exercise of any management right is not subject to meeting and conferring except as to the impact such exercise has on matters within the scope of representation, as defined by applicable law.

ARTICLE 5 – SALARIES

1. Effective the pay period beginning June 25, 2023, following MOU ratification by UPMA and City Council approval, the benchmark of positions in this unit shall be as follows:

Police Sergeant:

The City will benchmark the top step (Step 6) of Police Sergeant at least 9 ranges (or approximately 25%) above the top step (Step 6) of Police Corporal/Detective.

Police Lieutenant:

The City will benchmark the top step (Step 6) of Police Lieutenant at least 9 ranges (or approximately 25%) above the top step (Step 6) of Police Sergeant.

Police Captain:

The City will benchmark the top step (Step 6) of Police Captain at least 6 ranges (or approximately 16%) above the top step (Step 6) of Police Lieutenant.

If the ranges drop more than 2% below the difference between ranks, (23% or lower for Police Sergeant and Lieutenant and 14% or lower for Police Captain) the City and the Association will meet and confer on adjusting the ranges.

2. The City will issue a one-time payment for Essential Worker Premium Pay of up to five thousand dollars ($5,000) to each employee who has been actively employed by the City during the time period of July 1, 2022 through June 30, 2023 and remains currently employed as of the scheduled payment date. The payment will be made in a separate check issued on the week following the first pay period in FY 2023/2024. The parties agree that the one-time distribution shall not be pensionable.

3. The parties to this MOU agree for future reference that the survey cities remain as the following cities: Rialto, Ontario, West Covina, Chino, Glendora, and Fontana.

Upland Police Management Association 7/1/2023 – 6/30/2027

6 ARTICLE 6 – RETIREMENT

A. Classic Employees – The City of Upland provides its Police Sergeants, Lieutenants and Captains with membership in the California Public Employees’ Retirement System (CalPERS), 3% @ 55 retirement formula.

Effective the first full pay period following July 1, 2016, “Classic” employees defined by the Pension Reform Act of 2013 will pay the nine percent (9%) CalPERS employee/member contribution and an additional three percent (3%) “cost sharing” pension contribution. Total employee/member contribution to be twelve percent (12%). This cost sharing pension contribution shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU.

The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee “cost sharing” contributions will be made pursuant to Government Code Section 20516, Employee Cost Sharing of Additional Benefits.

The City contracts with CalPERS for the Single Highest Year Option for all employees who are not defined as “new members” pursuant to the Pension Reform Act of 2013 and the 1959 Survivor Benefit, 3rd level for all members of the bargaining unit. There is an employee cost of $2.00 per month for the 1959 Survivor Benefit. The agreement between the City and CalPERS allows for the buy-back of time served by the employee in the Military as defined under PERS Regulation, Section 21024.

The City, at the Police Chief’s discretion, and in accordance with the law, will allow police officers who voluntarily retire from City service and who are at least 50 years of age at the time of retirement to be rehired as a contract service worker (CSW -Retiree) in his/her previous position for a period not to exceed 960 hours in the fiscal year of retirement and for an additional 960 hours in the fiscal year following retirement. The CSW-Retiree will be paid at the hourly rate earned and hold the same rank as on the last full day of employment. CSW - Retirees will receive one-third of the Cafeteria amount provided full-time officers and the same uniform allowance as received by full-time officers. CSW-Retirees are employed on an at-will basis and shall not be eligible for any layoff benefits. All applicable PERS regulations and statutes regarding the employment of retirees shall apply.

B. Pension Reform Act of 2013 –

1) The parties agree that the provisions of AB 340 (The California Pension Reform Act of 2013) went into effect on January 1, 2013. In addition, if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are

Upland Police Management Association 7/1/2023 – 6/30/2027

7 provisions of that legislation which, by law automatically goes into effect, it shall do so.

Either party may request to negotiate over the impact of such subs equent legislation.

2) Two Tier Retirement: Pursuant to the Act, for “new members” (as defined by the Act) who are employees hired after January 1, 2013, they will be hired pursuant to the 2.7% @ 57 retirement formula.

3) For “new members” (as defined by the Act) who are employees hired after January 1, 2013, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.

4) Employee Paid Retirement Contribution - For employees defined as “new members” by the Act hired after January 1, 2013, they shall pay the higher of the classic member contribution or one half of the total normal cost rate as defined by the Act as their employee retirement contribution.

ARTICLE 7 - DEFERRED COMPENSATION

The City agrees to contribute seven percent (7%) of base monthly salary to the City’s deferred compensation plan on behalf of each employee in the unit.

ARTICLE 8 – HEALTH INSURANCE – CAFETERIA PLAN

A. Cafeteria Plan - In accordance with "The City of Upland Cafeteria Plan", the city provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.

The details of Plan eligibility and operational requirements are set forth in the Plan documents.

Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify the plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.

1. The city shall make a monthly contribution as set forth below to each eligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125.

2. All employees must enroll in one of the health program plans unless they submit to the city proof of comparable health coverage.

3. Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the city offers.

4. Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.

Upland Police Management Association 7/1/2023 – 6/30/2027

8 B. City Section 125 Benefit Contribution– the City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.

Employees hired prior to January 1, 2016 will receive the maximum benefits contribution allocation:
a. Effective January 1, 2024 - $1,550
b. Effective January 1, 2025 - $1,700
c. Effective January 1, 2026 - $1,900
d. Effective January 1, 2027 - $2,000

Employees hired on or after January 1, 2016 will receive the following contributions to the plan:

 Employee Only The amount to cover the
lowest cost plans for health,
dental and vision (Kaiser HSA
excluded) The cost for this
coverage will not exceed the
maximum benefits
contribution allocation as
stated above.

 Employee plus one The amount to cover the
lowest cost plans for health,
dental and vision (Kaiser HSA
excluded) The cost for this
coverage will not exceed the
maximum benefits
contribution allocation as
stated above.
 Family The maximum benefit as
stated above for the plan
year.

The employee must pay the difference between the City’s contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers. In the event of a change, the city agrees to meet and confer over th e impact of the decision.

All employees in the unit may transfer unused Cafeteria Plan funds to the Deferred Compensation 457 Plan.

Employees in the unit who elect a medical HSA (Health Savings Account) may transfer unused Cafeteria Plan funds up to the maximum amount allowed by IRS guidelines.

Upland Police Management Association 7/1/2023 – 6/30/2027

9 Employees who waive medical coverage, dental coverage, and/or vision coverage may elect to put up to the maximum annual amount of five hundred dollars ($500) per Section 125 guidelines in their Flexible Spending Account (FSA).

No cash-in-lieu will be allowed effective January 1, 2020.

ARTICLE 9 – RETIREE HEALTH INSURANCE REIMBURSEMENT

The City will provide retiree health insurance reimbursement in accordance with the following schedule for employees who retire from the City, have health insurance and are paying a premium which exceeds these amounts. An additional $45 per month allowance is provided for a spouse if the spouse is covered under the employees insurance.

10 - 14 years of service $ 72.57 per month
15 - 19 years of service $ 96.81 per month
20 - 24 years of service $121.05 per month
25 + years of service $145.14 per month
The provisions of this article above shall only apply to bargaining unit members hired on or before March 31, 2016.

ARTICLE 10 – RETIREE HEALTH SAVINGS ACCOUNTS

Effective January 1, 2007, Retirement Health Savings (RHS) accounts currently established will be payable to the employee only upon service or disability retirement with the City of Upland. City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:

Years of Service Monthly City Contribution Yearly City Contribution 5 to 9.99 $12.50 $150.00
10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25 + $100.00 $1,200.00

Upon service or disability retirement, all UPMA members shall:

1. Convert 50% of accrued sick leave, 100% of accrued vacation and 100% of compensatory time to cash and deposit into their Retiree Health Savings Account on a tax deferred basis (in accordance with IRS guidelines). Therefore, the current options of cashing out half of

Upland Police Management Association 7/1/2023 – 6/30/2027

10 accrued sick leave or using Personal Leave (½ of accrued sick leave) at retirement will no longer be allowable.

Retirees are eligible to continue their medical, dental and vision coverage with the City of Upland until they reach Medicare Eligible Age, at which time they will be required to enroll in a non-City sponsored Medicare plan. The retiree may choose to remain on the City’s Dental and Vision plan.

All post-retirement Medical, Dental and Vision benefits will be paid by the retiree.

If the retiree should become deceased while an eligible surviving spouse is enrolled in coverage, the surviving spouse may continue their Medical, Dental and/or Vision coverage with the City at their own expense. The Surviving Spouse will not be eligible for the Retiree Health Insur ance Reimbursement allowance

This Article does not apply to unit members hired after the effective date of this agreement. The City will not make any contributions for new hires under this Article.

The City shall have the ability to change providers through an RFP process.

ARTICLE 11 – PREVENTATIVE HEALTH BENEFIT

Employees in the unit may be reimbursed up to two hundred and fifty dollars ($250) annually for the purchase of items or participation considered acceptable as defined in the City’s Preventative Health Benefits policy. This reimbursement shall be made in June of each year . Other use may be approved by the City Manager.

ARTICLE 12 – LIFE INSURANCE

The City provides Association members with group life insurance in an amount equal to one times (1x) their annual salary.

ARTICLE 13 – BILINGUAL PAY

For employees who have been receiving bilingual pay prior to June 30, 2022 and have successfully completed a fluency examination, the City will continue to provide compensation in the amount of two- and one-half percent (2.5%) of base salary. The City will provide compensation in the amount of two- and one-half percent (2.5%) of base salary for Police Captains, Sergeants and Lieutenants in the unit who as part of their job function and regular duties, and who have successfully completed a fluency examination administered by the Human Resources/Risk Management Office.

Bilingual pay will be for employees who speak Spanish or who speak any other language designated per the Chief of Police as critical to the functions of the Police Department.

Upland Police Management Association 7/1/2023 – 6/30/2027

11 When the skill is no longer needed or the employee is no longer required to use it or ceases to posses it, the Chief of Police shall terminate the bilingual compensation by written notice to the Human Resources/Risk Management Office.

ARTICLE 14 – STANDBY PAY

COURT STANDBY PAY

Police Sergeant and Lieutenants who are placed on court standby will be compensated two- and one-half (2.5) hours at the rate of one and one-half (1.5) their regular pay.

Court standby compensation is intended for staff who are off-duty, and shall not apply to members responding to court within one hour before a regularly scheduled work shift (i.e. as discussed by the parties for example, this includes members who are called to court at 8:00 a.m. on a day they are already regularly scheduled to report to work at 9:00 a.m.)

Employees who were not placed on court standby but have been called to court during their off- duty time will receive a minimum of three hours compensation at the rate of one and one half (1.5) their regular rate of pay. However, members who were not placed on court standby but are called to court on a regularly scheduled workday before their shift begins (i.e., members who are called to court at 8:00 a.m. on a day they are already scheduled to report to work at 9:00 a.m.) are only entitled to one hour of court call back pay. Employees in the unit who have been called to court from their off-duty time will receive a minimum of three hours compensation at time and one half (1 ½).

If employees who have been called to court from their off-duty time are required to return to court in the afternoon after the lunch break, the employee may be reimbursed for lunch up to $10.00, if a receipt for lunch is provided.

SERGEANT STANDBY PAY

Sergeants shall receive ten (10) hours of compensatory time per week of call-out assignment, regardless of whether the employee has been called to work or not. Standby/call-out pay will be added to the base salary of employees for the purposes of calculating overtime.

Standby Pay is limited to one (1) Sergeant per week.

ARTICLE 15 – HOLIDAY PAY

All Police Sergeants and Lieutenants covered by this MOU shall be compensated in cash for City designated holidays at the rate of 4.61 hours pay per pay period.

Upland Police Management Association 7/1/2023 – 6/30/2027

12 All Police Captains shall observe the following holidays, established by Resolution of the City Council:

New Year’s Day (January 1)
Martin Luther King Day (Third Monday in January)
President’s Day (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day (The Day After the Fourth Thursday in November) Christmas Day (December 25)

All holidays shall be ten (10) hours unless otherwise noted.

If the holiday falls on a Friday or Saturday, Thursday shall be designated as the official holiday and if the holiday falls on Sunday, Monday shall be designated as the official holiday.

Police Lieutenants shall receive ten (10) hours of Floating Holiday annually. Floating holiday hours must be used during the calendar year or they will be automatically cashed out on the pay date in January that covers the final pay period in December.

Police Captains shall receive 32 hours of Floating Holiday annually. Floating holiday hours must be used during the calendar year or they will be automatically cashed out on the pay date in January that covers the final pay period in December.

ARTICLE 16 - LONGEVITY PAY

Effective July 1, 2023:

Employees in the unit with five (5) years or more of continuous sworn police service will receive a two- and one-half percent (2.5%) increase in base salary.

Employees in the unit with ten (10) years or more of continuous sworn police service will receive an additional two- and one-half percent (2.5%) increase in base salary, for a total of five percent (5%) longevity pay.

Employees in the unit with fifteen (15) years or more of continuous sworn police service will receive an additional two- and one-half percent (2.5%) increase in base salary, for a total of seven and half percent (7.5%) longevity pay.

Upland Police Management Association 7/1/2023 – 6/30/2027

13 Employees who join the unit from the POA shall be eligible to utilize all prior continuous full-time sworn law enforcement years of service towards longevity. For prior continuous full-time sworn law enforcement service to count towards Longevity Pay the employee must have completed probation with that agency. Any employee who joins the unit from outside the City or POA shall not have their sworn years of service count towards longevity.

ARTICLE 17 – EDUCATION INCENTIVE AND POST CERTIFICATE PAY

A. Police Sergeants, Lieutenants and Captains –

Employees receiving Education Incentive Pay based on Equivalent college units for an Associate’s Degree or Bachelor’s Degree prior to July 1, 2022, will continue to receive Educational Incentive compensation. Any unit members hired or promoted after July 1,2022, will receive Education Incentive Pay as outlined below.

1) Education Incentive Pay in the following amounts, effective July 1, 2023:

Two- and one-half percent (2.5%) of base salary for an Associate’s Degree OR
Five percent (5%) of base salary for a Bachelors Degree OR
Seven- and one-half percent (7.5%) of base salary for a Graduate Degree (including Master’s, Juris Doctorate, Doctorate)

2) POST Certificate Pay in the following amounts, effective July 1, 2023:

Two and one half percent (2.5%) of base salary for an Intermediate POST Certificate OR
Seven- and one-half percent (7.5%) of base salary for an Advanced POST Certificate.

Eligible employees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of fifteen percent (15%) of base salary.

3) POST Certificate Pay in the following amounts, effective July 1, 2024:

Two- and one-half percent (2.5%) of base salary for an Intermediate POST Certificate OR
Seven- and one-half percent (7.5%) of base salary for an Advanced POST Certificate.

OR
Twelve- and one-half percent (12.5%) of base salary for a Management POST Certificate.

Upland Police Management Association 7/1/2023 – 6/30/2027

14 Effective July 1, 2024, eligible employees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of twenty percent (20%) of base salary.

4) POST Certificate Pay in the following amounts, effective July 1, 2025:

Two- and one-half percent (2.5%) of base salary for an Intermediate POST Certificate OR
Seven- and one-half percent (7.5%) of base salary for an Advanced POST Certificate.

OR
Ten percent (10%) of base salary for a Supervisory POST Certificate.

OR
Fifteen percent (15%) of base salary for a Management POST Certificate.

Effective July 1, 2025, eligible employees may only receive one payment amount within each category of Incentive Pay, to a maximum allowable of twenty-two and a half percent (22.5%) of base salary.

ARTICLE 18 – TUITION REIMBURSEMENT

The City agrees to reimburse employees up to thirty-five hundred dollars ($3,500) per employee, per fiscal year, as long as funds are available, for the costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance of the City’s work or continuing educational goals.

Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade “C” or better or “pass” when taken on a pass/fail basis. Approval for reimbursement must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and related materials. Upon successful completion of the course(s) the employee must submit a request for reimbursement to Finance Division for processing.

Time spent toward educational or area development shall not be considered as time actually worked and should not occur during regular work hours.

ARTICLE 19 - MERITORIOUS PAY

It is recognized that certain employees will put forth the extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City. Employees recommended by their department heads and app roved by the City Manager may be granted a five percent (5%) increase in salary for period of (3) three months, six (6) months, or (1) one year. Department Head recommendations will be submitted to the City Manager’s Office for review and approval. Payment of meritorious pay will be made in a lump

Upland Police Management Association 7/1/2023 – 6/30/2027

15 sum on the first regularly scheduled pay day after approval form the City Manager.

Recommendations will contain supporting documentation justifying the reasons for the pay.

Any Police Sergeant, Lieutenant, or Captain who uses twenty-four 24 hours or less of sick leave in the period from December 1st through November 30th, and has between nine hundred and fifty-two (952) and one thousand (1000) hours of accrued sick leave as of December 1st will receive $500. Computations will be made and payment will be in the form of a lump sum payable on the first payday in December of each year. Such payment will only be made to persons actually in the employ of the City on the date of payment.

ARTICLE 20 - OVERTIME PAY

Police Sergeants and Lieutenants shall receive overtime at the rate of one and one-half (1 ½) times their regular rate of pay for time worked in excess of 40 hours in a 7-day work period. Paid vacation and sick leave and compensatory time off during a work period are counted as hours worked for overtime purposes.

Police Captains are exempt from the FLSA and are not eligible for overtime compensation.

Effective July 1, 2024, this section will not apply to Police Lieutenants as they will be classified as exempt employees and will no longer be eligible for overtime hours, except any overtime hours worked by Police Lieutenants where the City is reimbursed by an outside party for the overtime hours (such as OTS Grants), shall be eligible for overtime pay.

Lieutenants may work overtime in positions traditionally worked by sergeants (e.g., patrol supervisor, watch commander, special events, etc.). Lieutenants will be entitled to overtime pay only when:

a) they are working in a position traditionally worked by sergeants, and

b) they are working during a period when they are not regularly scheduled to work their current assignments (e.g., on a day off, on vacation, before or after they have completed their regularly assigned work shift, etc.).

Overtime shall be paid at the rate of one and one half (1 ½) times the member’s regular rate of pay.

ARTICLE 21 – COMPENSATORY TIME OFF

Unit members may not accrue more than three hundred (300) hours of compensatory time off.

Employees in this unit may convert forty (40) hours of vacation into non-FLSA compensatory time off annually.

Police Sergeants assigned to patrol who request to use compensatory time off, shall provide the name of a replacement prior to the granting of the request for compensatory time off.

Upland Police Management Association 7/1/2023 – 6/30/2027

16 ARTICLE 22 - UNIFORM ALLOWANCE

Employees in the unit receive a uniform allowance in the amount of one thousand dollars ($1,000) per year for the purchase, maintenance and cleaning of uniforms after completion of 12 months of employment. Uniforms will be provided at the time of appointm ent.

Effective July 1, 2023, the City agrees to pay the uniform maintenance allowance of thirty-eight dollars and forty-six cents ($38.46) per pay period, which is equivalent to one thousand dollars ($1,000) per fiscal year. Such payment shall be prorated for employees not working the full year.

For PERS Classic Safety employees, the City shall report to CalPERS the monetary value of uniforms in the amount of thirty-eight dollars and forty-six cents ($38.46) per pay period.

The reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire.

Replacement of Damaged Uniforms:

Employees will be compensated for repair or replacement of uniforms damaged or destroyed in the performance of their job duties. Such items will be reimbursed at reasonable replacement value. All items will be evaluated on a case-by-case basis by the employees’ supervisors and/or the Chief of Police.
a. Duty clothing, police jacket, shoes/boots -- replacement cost.

ARTICLE 23 - SICK LEAVE

Employees in the unit earn sick leave at the rate of eight (8) hours per month, up to a maximum accrual of 1,250 hours. No sick leave may be granted during the first thirty (30) days of employment with the City.

Annually, employees in the unit may request to convert a maximum of twenty (20) hours of sick leave to pay if they have used less than forty (40) hours of sick between January 1st and November 30th of the prior calendar year.

Any employee who elects to convert accrued sick leave to compensation as provided for herein shall be limited to a maximum of twenty (20) hours per fiscal year of accrued sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to covert such sick leave.

Upland Police Management Association 7/1/2023 – 6/30/2027

17  All sick leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than December 1st of the calendar year prior to the conversion.
 Employees who do not meet the requirement of using less than forty (40) hours of sick leave between January 1st and November 30th of the prior calendar year will not be eligible for the sick leave conversion.
 Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for sick leave converted to pay for that calendar year.

Payments for accrued sick leave conversion to pay shall be made by separate check two (2) times a year (first pay period in June and first pay period in November).

ARTICLE 24 - VACATION

Vacation shall accrue for Police Sergeants, Lieutenants, and Captains based on the following schedule:

01 – 02 Years of service 96 Hours per year
03 – 05 Years of service 120 Hours per year
06 – 10 Years of service 152 Hours per year
11 – 13 Years of service 160 Hours per year
14 – 15 Years of service 168 Hours per year
16 + Years of service 180 Hours per year

All employees may accrue vacation up to a maximum of five hundred (500) hours. Any hours over the five hundred (500) hours will automatically be cashed out on the pay period that the maximum accrual is reached.

ARTICLE 25 – VACATION BUYBACK

In November of every year, employees may be paid cash in lieu of unused vacation for up to sixty (60) hours of vacation if they have used at least forty (40) hours of vacation between January1st of the prior year and December 31stof the prior year.

Any employee who elects to convert accrued vacation leave to com pensation as provided for herein shall be limited to a maximum of sixty (60) hours per fiscal year of accrued vacation leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December

Upland Police Management Association 7/1/2023 – 6/30/2027

18 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave.
 All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources not later than December 1st of the calendar year prior to the conversion.  Employees who do not meet the requirement of using forty (40) hours of vacation leave between January 1st and December 31stof the prior calendar year will not be eligible for vacation buyback.
 Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for vacation leave converted to pay for that calendar year.  Payment for accrued vacation leave conversion to pay shall be made by separate check two (2) times a year (first pay period in June and first pay period in November).

ARTICLE 26 - BEREAVEMENT LEAVE

Employees may use up to five (5) days of paid bereavement leave annually (January 1 – December 31) per occurrence in the event of a death of a qualified family member. A qualified family member includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or a parent-in-law. Adoptive relatives and step relatives shall count the same as relatives by birth.

The City will consider a request for bereavement leave for the death of a member’s aunt and uncle on a case by case basis.

An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five (5) days of leave do not need to be taken consecutively; they can be used intermittently.

If leave is used intermittently, it must be used within three (3) months of the family member’s date of death. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.

Members may also take up to four (4) hours per year to attend funeral services for situations other than the above with Department Head approval.

ARTICLE 27 - EXECUTIVE LEAVE

Police Sergeants receive twenty (20) hours of Executive Leave annually. Effective January 1, 2024, Police Lieutenants and Police Captains shall receive fifty (50) hours of executive leave annually.

Executive leave that is not used by December will automatically be cashed out on the pay date in January that covers the final pay period in December.

ARTICLE 28 – NO STRIKE PROVISION

Upland Police Management Association 7/1/2023 – 6/30/2027

19 The Association agrees that it shall not authorize, instigate, aid, condone, or engage in any strike which will interrupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

ARTICLE 29 – DISCIPLINE AND PERSONNEL FILES

Disciplinary records for employees shall be maintained in accordance with Penal Code Section 832.5.

The disciplinary appeal process shall culminate in an arbitration using a mutually selected arbitrator from the State Mediation and Conciliations Service, experienced in police disciplinary cases. The arbitrator’s decision in suspension, demotion and termination cases shall be final and binding.

Where the officer has not repeated similar misconduct, unit members shall have removed from his/her personnel file any disciplinary action for a minor offense after four years. Also, after five years any major offenses shall also be removed. A minor offense shall be defined as anything in which the officer receives a five day suspension or less. A major offense shall be anything in which the officer receives more than a five day suspension, including demotion or pay reduction.

ARTICLE 30 - STEP INCREASES

1. Step Increases
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standards” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:

 Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.
 Supervisors will provide employees with Performance Appraisal by the due date provided by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Human Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the

Upland Police Management Association 7/1/2023 – 6/30/2027

20 Performance Appraisal. Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.  Should the supervisor fail to provide employee with a Perf ormance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.
 If the employee receives an overall rating of “Below Standards” the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is “Meets Standards”, the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

2. Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

ARTICLE 31 – WORK SCHEDULE

The work schedule includes the following elements:

A. Sergeants assigned to patrol will work a 3/12 schedule.

B. Sergeants assigned to special assignments, i.e., Detective Bureau, Special Services, Administration and Training will work a 4-10 schedule.

C. A 28 day work period (pursuant to Section 7(k) of the FLSA) will be in effect for all sworn police employees of the City. However, notwithstanding the FLSA work period, all sworn personnel shall have wages computed each pay period. Payment of regular wages and

Upland Police Management Association 7/1/2023 – 6/30/2027

21 overtime (i.e., for work in excess of the regularly assigned shift) shall be made to sworn personnel on each bi-weekly payday. Sworn police personnel shall be compensated with overtime for all hours worked in excess of their regularly assigned shift. Hours worked shall include all time when an employee is necessarily required to be on the employer’s premises on duty or at a prescribed work place. Even though paid leave does not count as hours worked pursuant to the FLSA, paid vacation, sick leave and compensatory time off shall count as hours worked for overtime purposes to this Agreement.

D. All bargaining unit members shall be allowed a paid 45 minute lunch break.

E. Bargaining unit members shall sign up by seniority, unrestricted; 2) bargaining unit members assigned to special assignments, i.e., Detective Bureau, Special Services, Administration, Training and Division Commanders, will typically work from 7:00 a.m. to 5:00 p.m. Monday through Thursday.

F. Notwithstanding the foregoing, if the Chief of Police determines that a need exists to move a bargaining unit member from one shift to another (e.g., day shift to night shift) to meet minimum staffing and/or emergency needs, they will do the following: 1) They will first post 10 days prior to the need to modify a unit member’s work plan or shift a volunteer sign -up sheet asking for individuals who wish to volunteer to have their work plan or shift modified from their current plan or shift to the opposite work plan or another shift; 2) if they don’t receive a volunteer(s), they will modify the shift of the least senior unit member who is working the shift from which the Chief needs to move a unit member(s) by moving that individual(s) to another shift to meet department needs (i.e. moving the unit member’s work shift to another work shift).

ARTICLE 32 - PREVAILING BENEFITS

Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.

ARTICLE 33 - SAVINGS CLAUSE

Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will b e implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.

Upland Police Management Association 7/1/2023 – 6/30/2027

22 CITY OF UPLAND

_____________________________________ ___________________ Michael Blay, City Manager Date

_____________________________________ ___________________ Stephen Parker, Assistant City Manager Date

_____________________________________ ____________________ Terry Doyle, Deputy Director of Date
Human Resources/Risk Management

UPLAND POLICE MANAGEMENT ASSOCIATION

_____________________________________ ___________________ Maurice Duran, UPMA President Date

______________________________________ ___________________ Anthony Kabayan, UPMA Vice-President Date

Upland Police Management Association 7/1/2023 – 6/30/2027

23 APPENDIX A

Classes included in the Upland Police Management Unit:

Range Classification Title
73 POLICE CAPTAIN

67 POLICE LIEUTENANT

58 POLICE SERGEANT

Upland Police Management Association 7/1/2023 – 6/30/2027

24 APPENDIX B

Upland Police Management Association 7/1/2023 – 6/30/2027

25

Upland Police Management Association 7/1/2023 – 6/30/2027

26 Please note the salary schedule for the 4th year of the MOU will be determined once negotiations with the Upland Police Officers Association have been completed.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING A MEMORANDUM OF

UNDERSTANDING WITH THE UPLAND CITY EMPLOYEES

ASSOCIATION

WHEREAS, it is the policy of the City of Upland to compensate its employees in a fair and equitable manner for their efficient and faithful service; and

WHEREAS, the City opened negotiations with the duly authorized representatives of the Upland City Employees Association and have reached Agreement to amend the current Memorandum of Understanding through June 30, 2028.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby approves the Memorandum of Understanding between the City of Upland and the Upland City Employees Association, attached hereto, and authorizes the City Manager, Assistant City Manager, and Deputy Director of Human Resources/Risk Management to execute the Memorandum of Understanding.

Section 3. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 5. Effective Date. This Resolution shall become effective July 1, 2023.

PASSED, APPROVED and ADOPTED this 12th day of June, 2023.

Bill Velto, Mayor

Resolution No.

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 12th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND CITY EMPLOYEES ASSOCIATION

July 1, 20232 to June 30, 20283

TABLE OF CONTENTS
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING .......................................... 1 ARTICLE 2- RECOGNITION ......................................................................................................... 1 ARTICLE 3 - DEFINITIONS .......................................................................................................... 1 ARTICLE 4 - MANAGEMENT RIGHTS ......................................................................................... 2 ARTICLE 5 - EMPLOYEE RIGHTS ............................................................................................... 3 ARTICLE 6 - EMPLOYMENT STATUS ......................................................................................... 3 ARTICLE 7 - SALARY ................................................................................................................... 4 ARTICLE 8 – SHIFT DIFERENTIAL ................................................................................................ 4 ARTICLE 9 - PERSONNEL FILES ................................................................................................ 4 ARTICLE 10 – STEP INCREASES .................................................................................................. 5 ARTICLE 110 - RETIREMENT BENEFITS ................................................................................... 56 ARTICLE 121 - HEALTH INSURANCE - CAFETERIA PLAN ....................................................... 67 ARTICLE 12 - HEALTH INSURANCE WHILE ON WORKERS' COMP ....................................... 7ARTICLE 13 - HEALTH INSURANCE WHILE ON WORKERS' COMP ............................................................... 8 ARTICLE 13 -RETIREE HEALTH INSURANCE REIMBURSEMENT .......................................... 7ARTICLE 14 - RETIREE HEALTH INSURANCE REIMBURSEMENT ................................................................. 9 ARTICLE 154 - RETIREE HEALTH SAVINGS ACCOUNTS ........................................................ 89 ARTICLE 15 -LIFE INSURANCE .................................................................................................. 8ARTICLE 16 -LIFE INSURANCE 10
ARTICLE 16 -LONG TERM DISABILITY INSURANCE ................................................................ 8ARTICLE 17 - LONG TERM DISABILITY INSURANCE ...................................................................................... 10 ARTICLE 187- ............................................................................................................................... DEFERRED COMPENSATION ......................................................................................................................... 910 ARTICLE 198- ............................................................................................................................... BILINGUAL PAY 910
ARTICLE 2019 - CALL BACK PAY ............................................................................................... 911 ARTICLE 20 - COMMERCIAL DRIVER'S LICENSE PHYSICAL EXAM ...................................... 9ARTICLE 21 - COMMERCIAL DRIVER'S LICENSE PHYSICAL EXAM .............................................................. 11 ARTICLE 221 - EDUCATION INCENTIVE .................................................................................... 1011 ARTICLE 232- TUITION REIMBURSMENT ................................................................................. 1011 ARTICLE 243 - HIGHER CLASSIFICATION WORK AND SPECIAL DUTY ................................ 1012 ARTICLE 254 - LONGEVITY PAY ................................................................................................. 121 ARTICLE 25- MATRON PAY ......................................................................................................... 11ARTICLE 26-

MATRON PAY ................................................................................................................................ 13 ARTICLE 26 - MERITORIOUS PAY ............................................................................................. 11ARTICLE 27 - MERITORIOUS PAY ..................................................................................................................... 13 ARTICLE 27 -OVERTIME PAY/COMPENSATORY TIME OFF ................................................... 12ARTICLE 28 - OVERTIME PAY/COMPENSATORY TIME OFF .......................................................................... 14

ARTICLE 28 - STANDBY .............................................................................................................. 13ARTICLE 29 - STANDBY 15
ARTICLE 29- UNIFORMS ............................................................................................................. 14ARTICLE 30- UNIFORMS 16
ARTICLE 30- WATER CERTIFICATION TRAINING .................................................................... 14ARTICLE 31- WATER CERTIFICATION TRAINING ........................................................................................... 17 ARTICLE 31 - WORK BOOTS ...................................................................................................... 15ARTICLE 32 - WORK BOOTS .............................................................................................................................. 18 ARTICLE 32 - HOLIDAYS ............................................................................................................. 16ARTICLE 33 - HOLIDAYS 19
ARTICLE 33- FLOATING HOLIDAYS ........................................................................................... 17ARTICLE 34- FLOATING HOLIDAYS ................................................................................................................. 20 ARTICLE 34- SICK LEAVE ........................................................................................................... 17ARTICLE 35- SICK LEAVE 20
ARTICLE 35- SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT .................................. 1ARTICLE 36- SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT ......................................................... 217 ARTICLE 36-VACATION ............................................................................................................... 1ARTICLE 37- VACATION 207
ARTICLE 387-VACATION BUYBACK .......................................................................................... 218 ARTICLE 398- BEREAVEMENT LEAVE ...................................................................................... 2128 ARTICLE 39 - FMLA AND CFRA .................................................................................................. 1ARTICLE 40 - FMLA AND CFRA.......................................................................................................................... 228 ARTICLE 41 – PARENTAL LEAVE ................................................................................................. 23 ARTICLE 420 - HOURS OF WORK .............................................................................................. 1239 ARTICLE 431-GRIEVANCE PROCEDURE .................................................................................. 1294 ARTICLE 442 - DISCIPLINARY PROCEDURE ............................................................................ 226 ARTICLE 453- LAYOFF PROCEDURES ...................................................................................... 227 ARTICLE 464 - BULLETIN BOARDS ............................................................................................ 3126 ARTICLE 475 – ASSOCIATION DUES DEDUCTION & REPRESENTATION ............................. 3127 ARTICLE 48 – UCEA RELEASE TIME ............................................................................................ 32

ARTICLE 496- ............................................................................................................................... PREVAILING BENEFITS 3238
ARTICLE 5047 - SAVINGS CLAUSE ............................................................................................ 3238 ARTICLE 5148-QUARTERLY PERSONNEL REPORT ................................................................ 3238 ARTICLE 5249 -TERM OF AGREEMENT .................................................................................... 3328 ARTICLE 530-ZIPPER CLAUSE ................................................................................................... 3328 ARTICLE 541 PREVENTATIVE HEALTH ..................................................................................... 3428

Upland City Employees Association (UCEA) 7/1/232 to 6/30/283 1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND CITY EMPLOYEES ASSSOCIATION (UCEA)
JULY 1, 20232-JUNE 30, 20283

ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Upland (hereinafter referred to as City) and the Upland City Employees Association (hereinafter referred to "UCEA").

ARTICLE 2 - RECOGNITION

The City hereby formally recognizes the UCEA as the representative for those employees in the General Employees Unit.

Recognition is granted for the purpose of meeting and conferring on wages, hours, terms and conditions of employment and general representation of employees in this unit.

This Memorandum of Understanding shall contain all of the covenants, stipulations, and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment, not covered in this Memorandum of Understanding, are covered by existing ordinances, resolutions, policies and practices of the City, as well as the Merit System Rules and Regulations presently in effect.

ARTICLE 3 - DEFINITIONS

A. Bargaining Unit-The term "bargaining unit" as used in this MOU refers to the General Employees Unit.

B. Calendar Year-The term "calendar year" as used in this MOU refers to the period of twelve (12) consecutive months commencing on January 1 and ending on December

31. C. Day - The term "day" as used in this MOU refers to a calendar day, unless specified otherwise.

Upland City Employees Association (UCEA) 7/1/20223 - 6/30/20283 2 D. Emergency - The term "emergency" as used in this MOU means a circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

E. Seniority- For the purpose of this MOU, "seniority" shall be determined by length of continuous service within the City. The determination of seniority shall not be affected by sick leave, vacation or other authorized leaves of absences.

F. Seniority Within Classification - For the purpose of this MOU, "seniority within classification" will be considered for purposes of scheduling vacations, shift assignments, transfers, overtime and whenever specifically designated within the existing provisions. Such seniority will prevail when all other factors are no t significantly different. "All other factors" is defined as qualifications, skills, reliability and safety. It is not the intent of this provision to permit the bumping of less senior employees by more senior employees after an initial schedule is established.

G. Working Day - The term "working day" mean the usual and customary length of an employees work schedule on a given day.

ARTICLE 4 - MANAGEMENT RIGHTS

The rights of the CITY include, but are not limited to the exclusive right to:

A. Determine the mission of its constituent departments, commissions and boards; B. Set standards of service;
C. Determine the procedure and standards for employment and promotion; D. Direct its employees;
E. Relieve its employees from duty because of lack of work or for other lawful reasons; F. Maintain efficiency of government operations;
G. Determine the methods, means and personnel by which government operations are to be conducted;
H. Determine the content of job classifications;
I. Take all necessary actions to carry out its mission in emergencies; J. Exercise complete control and discretion over its organization and the technology of performing its work;
K. To discharge, suspend, demote, reprimand, withhold salary increases or otherwise discipline employees for cause; and
L. To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance.

Upland City Employees Association (UCEA) 7 /1/20232- 6/30/20283 3 There are no provisions in this MOU that shall be deemed to limit or curtail the City in exercising its rights, unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights.

Where required by law, the City agrees, prior to implementation, to meet and confer with the UCEA concerning the exercise of a City right upon wages, hours and terms and conditions of employment.

The City reserves the right to contract out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency. Except where an emergency situation exists, at least 60 days before the City contracts out work in a general area, where such contracting out would result in the layoff of existing employees, the City will notify the UCEA and offer the UCEA an opportunity to meet and discuss the matter before the date any existing bargaining unit employee is laid off. Matters which may be discussed include the necessity for subcontracting, costs, alternatives, placement of affected employees with the contractor or elsewhere within the City.

ARTICLE 5 - EMPLOYEE RIGHTS

The City shall afford regular employees the procedural safeguards as required by law and this MOU.

An employee shall have to the right to UCEA representation at any meeting with management when the employee reasonably anticipates that such meeting is for the purpose of disciplining the employee or is to obtain facts to support disciplinary action that is probable.

Any written rule which falls within the scope of Meyers-Milias-Brown Act (MMBA), established and promulgated by the City shall be posted in the affected department ten (10) work days prior to the effective date with a copy sent to the UCEA Representative.

ARTICLE 6 -EMPLOYMENT STATUS

A. Probationary Period - All original appointments shall be tentative and with a probationary period of not less than one (1) year. All promotional appointments for general employees are tentative and have a probationary period of not less than six (6) months, with the exception of a promotion to a position in a different classification series, and then such probationary period will be one (1) year.

B. Promotions/Appointments - The City will strive to fill vacant or new positions on a promotional basis with employees currently employed by the City of Upland.