PURCHASING POLICY
not covered by State law. Informally bid agreements are defined in the California Uniform Public Construction Cost Accounting Act (UPCCAA) (Section 22000, et seq. of the PCC and UPCCAA) purchases and contracts for supplies, equipment, and contractual services for"public projects", a formal bid will be used for amounts outlined in the California Public Contract Code. The award shall be made by the City Council to the lowest responsible bidder.
10.1. General Instructions
1. The dollar threshold amount that determines whether public construction contracts are formally or informally bid is set by City Council Resolution to be consistent with amendments to the UPCCAA (Section 22000, et seq. of the PCC). The dollar threshold amounts are subject to change by the State Legislature.
a) Public Projects $75,000 or less — Projects may be performed by force account, by negotiated contract, or by purchase order. Although the UPCCAA allows for small dollar amount projects to be awarded without bidding, best practices for awarding projects should be followed. This may include negotiating with current City vendors for a fair and reasonable price or seeking quotes from other vendors for a fair and reasonable price.
b) Public Projects over $75,000 and less than $220,000 — Open market bidding process must be followed.
c) Public Projects over $220,000 — Formal bidding process must be followed.
2. For informal bidding, the Purchasing Official shall main a Bidder's List from those who completed the Prequalification Application. The Bidder's List is valid for one year, or through December 31 annually.
3. After formal bids are received and publicly opened, they are sent to the requisitioning department for technical evaluation. The evaluation must be based upon compliance with the specification(s) contained in the bid documents.
10.2. Notice Inviting Bids
The publication of the notice shall be at least ten (10) days before the date of bid opening. The notice shall be published at least twice, not less than five (5) days apart in a newspaper of general circulation within the City.
The following information is required in all bid notices for formal bidding of public projects:
1. The bid notice shall distinctly state the project to be done.
2. The bid notice shall include a general description of the articles and/or services to be procured.
3. The bid notice shall state the time and place for the submission of sealed bids, and where and when the sealed bids will be publicly opened and read.
PURCHASING POLICY
4. The bid notice shall state the time and completion of the contract and include the amount for liquidated damages.
5. The bid notice shall state the cost of plans and specifications and where bid forms may be obtained.
6. No bid will be received unless it is made on a proposal form furnished by the lead department.
7. Each bid must be accompanied by a certified or cashier's check, or a bidder's bond, made payable to the City of Upland for an amount equal to at least ten (10) percent of the bid amount; such guarantee to be forfeited should the bidder to whom the contract is awarded fails to enter into the contract.
8. In addition, a Performance Bond in an amount equal to 100% of the bid, a Payment Bond (i.e., Labor and Materials Bond) in an amount equal to 100% of the bid, and a ten (10) percent Bid Bond shall be required of the successful bidder prior to entering into a contract. The City will permit substitution of approved securities for monies retained in accordance with the appropriate sections of the State Standard Specifications, January, 1981.
9. Before a contract is entered into with the successful bidder, the bidder shall present evidence in writing to the City of Upland that he or she has current liability and property damage insurance in at least the amounts noted in the bid document.
10. No contract will be awarded to any contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division III of the State Business and Professions Code, Section 7000, et seq.
11. All bids are to be compared on the basis of the Project Engineer's estimate of the quantities of work to be done. If the City Council makes an award, it will be to the lowest responsible bidder.
12. A bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has been disqualified, removed or otherwise prevented from bidding on or completing a federal, state or local project because of a violation of law or a safety regulation.
13. In accordance with the provisions of Sections 1771 and 1771.5 of the California Labor Code, contractors are required to pay the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed and the general prevailing rate of per diem wages for holiday and overtime work for:
a) Any public works construction project of$25,000 or greater, and/or b) Any public works project for alteration, demolition, repair or maintenance, costing $15,000 or greater.
A pre-job (construction, demolition or repair) conference shall be conducted with the contractor(s) and subcontractor(s) to discuss federal and state
PURCHASING POLICY
labor law requirements applicable to the contract; and project contractor(s) and subcontractor(s) shall maintain and furnish, at a designated time, a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perjury; and the City of Upland shall review, and if appropriate, audit payroll records to verify compliance with the California Labor Code.
14. Pursuant to State law (Section 1777.5 of the California Labor Code), every contractor and subcontractor shall submit contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed.
State law stipulates that a contracted labor force for any public project costing $30,000 or greater, or scheduled to take 20 working days or more to complete, must have a ratio of at least one (1) apprentice to five (5) journeymen. Any contractor wishing to be exempted from the 1-to-5 ratio must apply for a certificate from the joint apprenticeship committee.
Information relative to apprenticeship standards,wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, or from the Division of Apprenticeship Standards branch offices.
15. The City shall insert the following notification in all solicitations for bids for work or material subject to the regulations made in connection with the Federal Aid Highway Program, and in adapted form in all proposals for negotiated agreements:
The City of Upland in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d-d4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.
16. The City Council reserves the right to reject any and all bids, to waive any informality in the bidding, and to accept any bid or portion thereof.
10.3. Bid Opening Procedure
1. Sealed bids shall be submitted to the City Clerk at the time and place specified in the bid notice. Alternatively, bids and proposal submissions may be submitted electronically through the electronic bidding system that the city utilizes, unless the purchasing official determines otherwise.
2. Bids shall be identified as such on the face of the envelope.
PURCHASING POLICY
3. Bids received by the City Clerk after the time indicated in the published "Notice Inviting Bids" shall be returned unopened to the bidder.
4. Bids received as required shall be opened in public at the time and place stated in the "Notice Inviting Bids".
5. Present on behalf of the City at the bid opening shall be the City Clerk, City Engineer, and the designated Purchasing Official. The City Clerk shall record all bids received.
6. The City Clerk shall keep a record of each bid opening, including the time and place of the bid opening, the bidders, bid amounts and such other matters as the City Clerk shall deem pertinent.
7. A tabulation of all bids received shall be available for public inspection in the City Clerk's Office for a period of not less than thirty (30) calendar days after the bid opening.
8. The City Manager or designee shall report all bids received, along with City staff recommendation, to the City Council. If, after all formal bid procedures are observed, no bids are received, the City Council may proceed with the project, notwithstanding the restrictions in the State law on Public Works Projects.
10.4. Award of Bids
Bid contracts shall be awarded by the Council to the lowest responsible bidder, except as otherwise provided in the Code (UMC 2.48.130).
10.5. Lowest Responsible Bidder
The following factors will be considered in evaluating the "lowest responsible bidder":
1. The ability, capacity and skill of the bidder to perform the contract required;
2. Whether the bidder has the facilities to perform the contract promptly, or within the time specified, without delay or interference;
3. The integrity, reputation, judgment, experience and efficiency of the bidder;
4. The bidder's record of performance of previous or similar contracts;
5. Previous and existing compliance by the bidder with federal, state and municipal laws relating to the contract;
6. The financial resources and ability of the bidder to perform the contract;
7. The quality, availability and adaptability of the supplies or equipment to the particular use required;
8. The bidder's ability to perform the work required, the cost to the City and
PURCHASING POLICY
the ease of obtaining repairs and performing maintenance;
9. The number and scope of conditions attached to the bid; and
10. The sales tax differential.
10.6. Tie Bids
If tie bids are received, quality and service being equal, the contract shall be awarded to a local bidder. If the above condition is not applicable, the City Council may accept either one of the bids, or:
a) May reject any and all bids presented and re-advertise; b) May accept the lowest bid made by negotiation with the tie bidders; or c) May award the bid to any one of the low tie bidders by public drawing.
10.7. Rejection of Bids
If a bidder fails to complete the following requirements, the bid submitted will not constitute a legally acceptable bid to the City and will be rejected from consideration.
The following are typical of a non-responsive bid:
• Bid bond not furnished or incomplete;
• Personal or company check furnished in lieu of cashier's/certified check; • Failure to attend mandatory job walk; or
• Failure to respond to questions or requirements of the bid notice.
Other reasons for bid rejection include:
• More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted.
• Reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested.
• Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted. • A proposal on which the signature of the bidder has been omitted. • In its discretion, the City Council may reject all bids presented and re-advertise (UMC 2.48.090).
PURCHASING POLICY
• After receiving bids, the City Council may pass a resolution by its members declaring that the project can be performed more economically in the open market or the materials, labor or supplies can be furnished at a lower price in the open market. Upon adoption of the resolution, the City Council may proceed with the project or may procure in the open market the needed materials, labor or supplies, notwithstanding the restrictions in the State law on Public Works Projects.
10.8. Bid Protest
A bidder may protest an award of a public construction contract. To submit a bid protest, the following procedures must be met:
• Any bid protest may be made in writing and received by the City Clerk before 6:00 p.m. no later than ten (10)working days following the bid opening. • The bid protest must contain a complete statement of the basis for the protest along with all supporting documentation. The protest must refer to the specific portion or portions of the contract documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder, if different from the protesting bidder.
• The bid protest will be provided to the protested bidder no later than five (5)working days following receipt of the bid protest.
• The bid protest will be investigated by the City Engineer. The City Engineer shall prepare a written decision, after consulting with the City Attorney, on the bid protest, which shall be provided to the protesting bidder and to the bidder or bidders whose bid is being protested.
• Following the City Engineer's decision, the protesting bidder may choose to appeal to the City Council. The appeal must be provided to the City Engineer at least five (5) working days prior to the City Council meeting at which they plan to present their appeal. Failure to provide such notification shall void the protesting bidder of their right to appeal.
11. VENDOR REQUIREMENTS
It is the responsibility of the Purchasing Official to ensure the vendor is in compliance with all applicable federal, state, and local license and registration requirements before submittal of the contract for execution. Types of license and registration requirements may include, but are not limited to:
11.1. Business License
All persons or vendors engaging in business with the City must have a valid business license.
11.2. Insurance
PURCHASING POLICY
Insurance certificate(s) naming the City of Upland as additional insured shall be obtained at a coverage level that is applicable to the City's exposure to liability (if any).
11.3. Secretary of State Registration
State law requires corporations and limited liability companies to file a complete Statement of Information with the California Secretary of State. Vendors must be in compliance with the Secretary of State filing requirements.
In certain circumstances, some out of state businesses may not be required to register with the California Secretary of State. In these instances, verification with the appropriate state of incorporation is required.
11.4. Contractor License
All contractors must have a valid California Contractor's License and be in good standing with the Contractors State License Board through the term of the contract.
11.5. Federal Excluded Parties List System
Prior to awarding a bid and submitting a requisition for equipment purchases that will be made with federal funds, City staff shall perform a search of the Federal Excluded Parties List System (EPLS)—available online at https://www.sam.gov - to ensure that vendor(s) are not listed. This task is to comply with Federal procurement program policies and requirements. A screen print of the search results shall be used as supporting documentation to provide proof that the listing was checked. The screen print needs to be attached to the requisition for purchase order approval.
11.6. California Department of Industrial Relations (DIR) Registration For up-to-date DIR vendor registration requirements, please go to www.dir.ca.gov/Public-Works/PublicWorks.html .
Contractors and subcontractors are required to be registered prior to bidding on a prevailing wage project over$1,000. Some projects will not be public projects for purposes of bidding requirements but are public projects that require payment of prevailing wage pursuant to the Labor Code.
The City is required to register qualified projects over $25,000 within 30 days of contract award, or prior to the first workday for projects lasting less than 30 days.
12. BID PROCESS EXCEPTIONS AND DOCUMENTATION
12.1. Professional Services
Professional services include, but are not limited to: accounting/auditing; information technology consulting; civil, mechanical, electrical, structural, traffic, and geotechnical engineering; architecture; community planning and economic development; financial and economic feasibility; personnel; legal; management; environmental; cable TV; and communications.
PURCHASING POLICY
An agreement shall be executed between the City and the service provider when the professional services provided exceed an amount greater than $10,000.
Technical consultant services are of a professional nature and due to the professions involved, as well as the nature of services to be provided, do not readily fall within the competitive bidding process. Each department is authorized to solicit proposals and evaluate and submit their recommendation to the City Manager (UMC 2.48.060).
12.2. Computer Software and Computer Repair
Because it is proprietary and vendor specific, computer software licensing, subscriptions, and maintenance are exempt from the requirements of this policy, and alternative purchasing procedures may be used. Computer repair involving the process of replacing damaged, broken, or worn-out parts or the replacement of hardware in and of itself is also exempt. The purchase of new hardware is not exempt and shall follow the provisions of UMC 2.48.080.
12.3. Sole Source & Exemption Procurement
Commodities and services, which can be obtained from only one vendor are exempt from competitive bidding. Sole source purchases may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, or a certain product that has been proven to be the only product acceptable. All sole source purchases require that the Sole Source & Exemption Form be completed. . The signed Form will be submitted with the Purchasing Requisition.
12.4. Competitive Bidding Completed by Another Agency Prices quoted through a competitive bidding process by another public agency, including pricing from the California Multiple Award Schedule (CMAS), or Sourcewell Cooperative Purchasing, where the price to the City is equal to or better than the price to the public agency that completed the competitive bid process, may be used for purchasing supplies, vehicles, equipment, and services for use in the City, or may be used as one of the three required bids for competitive purchasing.
12.5. Failure of the Successful Bidder to Execute the Contract Failure to execute a contract and file acceptable documents as conditioned by the City, the City Council may award the contract to the next lowest bidder.
12.6. Bid Requirements Waived in Local Emergency
The City Manager may waive formal and informal purchasing requirements in the event a local emergency has been declared. Purchasing requirements may remain waived until the City Council has declared the emergency is over.
12.7. Authority to Waive Any Step of Selection Process When the City Manager determines that it is in the best interest of the City to shorten the selection process in order to begin work immediately on the City's
PURCHASING POLICY
project or retain a consultant who is already familiar with the City's project, the City Manager has the authority to waive any step of the selection process. In the event the City Manager determines that it is necessary to omit any phase of the selection process, the City Manager shall notify the City Council or Finance of such action.
A written statement of the City Manager's determination shall be retained in the project file.
13. PAYMENT METHODS AND DOCUMENTATION
The City uses multiple methods to pay for services, supplies, or equipment: the Purchase Order, Demand, Cal Card, and Petty Cash. To ensure that terms and conditions of all purchases are met by the vendor, payment will not be made until the services and/or supplies are received as ordered, an invoice is presented by the vendor, and the responsible employee has accepted delivery of the goods. The receiving department needs to forward the invoice, stamped and signed for payment, along with copies of all receiving documents to Finance. The receiving documents, such as a packing list, need to be signed and dated by the receiver.
13.1. Payment Request Form
A payment request form may be used when the vendor does not require a purchase order. Completed payment request forms will be processed by Finance staff in accordance with the scheduled accounts payable dates.
13.2. Purchase Order
A purchase order encumbers funds until actual payment is made. The purchase order identifies the selected vendor, the services or supplies to be purchased, and the terms and conditions (price, delivery date, and payment schedule) of the purchase.
The purchase order should be complete as to the quantity, unit, description, price (including sales tax, shipping, handling, and other related costs), and account number. After required department approvals have been obtained on the requisition, the originating department shall forward the completed requisition, including all required bid documentation, to the Purchasing Official. Bid documents shall include the actual request for proposals or request for quotes, all proposals submitted and/or the applicable contract form. The complete purchase order/requisition and bid packet shall be sent to the Purchasing Official who will review for completeness. Upon approval from Finance, the Purchasing Official will return the purchase order to the ordering department, who then retains a copy.
The ordering department will inform the vendor that the purchase order number is required to be on all invoice(s) and packing lists.
When the goods and the vendor's invoice are received, the ordering department is required to date stamp the invoice and prepare a Demand For Payment. If only one payment is to be made to the vendor, the ordering department stamps the invoice, attaches copies of all receiving documents and forwards all to Accounts Payable.
If a purchase order has been partially filled, the ordering department may approve and process a partial payment by supplying the invoice and copies of receiving documents to Accounts Payable. The ordering department shall maintain all records of partial payment requests to ensure that the purchase order limit is not
PURCHASING POLICY
exceeded. Final payments are processed by submitting a final invoice and supporting receiving documents to Accounts Payable.
13.3. Equipment Purchases
In accordance with Capital Asset Reporting, single items valued at greater than $10,000 (buildings, machinery, equipment, office furniture, and vehicles) shall be reported as a capital asset acquisition.
14. CRITICAL SITUATION PROCUREMENT
A "critical situation" is defined as a sudden, unexpected occurrence or set of circumstances demanding action in order to maintain essential or critical services and/or protect public health and immediate safety. A "critical purchase" results when a situation arises in which compliance with normal procurement procedures is impracticable or contrary to the public interest.
14.1 Critical Situation During Regular Business Hours
If a critical situation occurs during regular business hours and the department has an immediate need to procure goods and/or services in order to address such critical situation, the following guidelines shall apply:
• Department shall contact the Purchasing Official, or designee, regarding the urgent purchase order request. The Department shall request a Purchase Requisition and include justification. If the purchase exceeds $25,000, City Manager, or designee, approval is required.
• If there is insufficient time to submit a Purchase Requisition, the Department may submit a written justification of the critical situation along with a vendor quote to the City Manager, or designee, for pre-approval to proceed with the immediate purchase. If pre-approval is granted, the Department must submit the Purchase Requisition, including written justification, vendor quote and pre- approval immediately thereafter, so that a Purchase Order may be issued. • Any critical situation purchase shall not exceed the City Manager's authorization.
14.2 Critical Situation During Non-Regular Business Hours If a critical situation occurs during non-regular business hours (Fridays, weekends, holidays, etc.) and the department has an immediate need to procure goods and/or services in order to address such critical situation, the following guidelines shall apply:
• Departments may take immediate measures to purchase the items or services required without bidding, if circumstances dictate or when availability is limited.
The urgent purchase must be approved by the Department Head, or designee. • Departments shall maintain all documentation, including justification, related to the critical situation in the event of an audit.
• The Department Head, or designee, is required to report the transaction to the City Manager, or designee, and Purchasing Official, or designee, on the next
PURCHASING POLICY
regular business day.
• No later than the following business day, the Department must submit the Purchase Requisition, including written justification, so that a Purchase Order may be issued. City Manager, or designee, approval is required for any urgent procurement, regardless of cost.
• Any critical situation purchase shall not exceed the City Manager's authorization.
,.., Up`q� CITYUPLAND
. . "The City of Gracious Living"
DATE: May 26,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER ADOPTING A RESOLUTION APPROVING A TECHNOLOGY DISRUPTION POLICY AS REQUIRED BY SENATE BILL 707
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution approving a technology disruption policy addressing how the City will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely;as required by Senate Bill 707(SB 707).
GOAL STATEMENT
The proposed action supports the City's goal to ensure compliance with the requirements of SB 707 and the Brown Act.
BACKGROUND
On October 3,2025, Governor Newsom signed into law SB 707,which amends the Brown Act. Among the various new requirements under SB 707, all qualified legislative bodies must now offer hybrid meetings(through a two-way phone or video platform)by July 1,2026.
In addition,SB 707 requires the City to formally adopt a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely.
This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.
The full text of SB 707 can be found here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707
ISSUES AND ANALYSIS
Staff prepared the attached Policy (Exhibit A to the Resolution) to satisfy this new State requirement. The Policy mirrors the meeting disruption guidelines that are already outlined in SB 707, which require the legislative body to take a recess and attempt to restore service for at least one hour. If service cannot be restored within one hour, the legislative body must conduct a roll-call vote confirming that good faith efforts were made and that the public interest in continuing the meeting outweighs the need for remote access. (CA Gov. Code § 54953.4(b)(1).) If adopted, the Policy would go into effect on July 1,2026.
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
There is no direct fiscal impact associated with the adoption of this Resolution. However, the Council Chamber is currently undergoing renovations funded through Public,Educational,and Government(PEG)funds to comply with the requirements of SB 707. These improvements include the technology and infrastructure necessary to support remote Zoom access for public comment.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING A TECHNOLOGY
DISRUPTION POLICY ADDRESSING HOW THE CITY WILL
RESPOND TO DISRUPTIONS IN TELEPHONIC OR
INTERNET SERVICE THAT PREVENT MEMBERS OF THE
PUBLIC FROM ATTENDING OR OBSERVING A MEETING
REMOTELY; AS REQUIRED BY SENATE BILL 707 (SB
707)
WHEREAS, On October 3, 2025, Governor Newsom signed into law Senate Bill 707 (SB 707), which amended the Brown Act. Among the various new requirements under SB 707, all qualified legislative bodies must now offer hybrid meetings (through a two-way phone or video platform); and
WHEREAS, SB 707 requires the City to formally adopt a policy, on or before July 1, 2026, that establishes the procedure for recessing and reconvening a meeting in the event of disruption of remote participation and the efforts that the City Council and staff shall make to attempt to restore the service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UPLAND AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council does hereby adopt the Technology Disruption Policy, attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 4. Compliance with California Environmental Quality Act. 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 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
SECTION 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Resolution No.
SECTION 8. Effective Date. This Resolution shall become effective July 1, 2026.
PASSED, APPROVED and ADOPTED this 26th day of May, 2026.
Bill Velto, Mayor
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 26th day of May, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
0V Upl
tC4AAIrMINDZI, EXHIBIT A
City of Upland
44,0-08Q' Technology Disruption Policy Required by SB 707
BACKGROUND
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the City will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely.
PURPOSE
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of Upland City Council, as required by the Brown Act(Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions.
POLICY
1. Definitions
For purposes of this policy:
a. "Service Disruption" means any failure, outage, or other interruption to the agency's remote access services that prevents members of the public from participating in a City Council meeting through the remote access service.
b. "Disrupting" means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
c. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of Upland
d. Engaging in behavior that constitutes use of force or a true threat of force. e. "Remote access services" means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. f. "Two-way audiovisual platform" means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. g. "Two-way telephonic service" means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. h. "True threat of force" means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
2. Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings:
a. Meetings held to attend a judicial or administrative proceeding to which the City of Upland is a party. b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of
CITY OF
UPLAND Technology Disruption Policy page 2 California, solely to discuss a legislative or regulatory issue affecting the City of Upland and over which the federal or state officials have jurisdiction. d. Meetings held to meet in or nearby a facility owned by the City of Upland, provided that the topic of the meeting is limited to items directly related to the facility. e. Meetings held in an emergency situation pursuant to Government Code section 54956.5.
3. Remote Public Access Generally
When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a two-way audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location.
If adequate telephonic or internet service is not operational at the meeting location, the City Council shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting.
If a two-way audiovisual platform is used, the City Council shall:
a. Publicly post and provide a call-in option as well; and b. Activate any automatic captioning function that is available in the audiovisual platform.
If a two-way audiovisual platform is not provided, the City Council shall provide a two-way telephonic service.
Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment.
4. Response to Service Disruption
If the Mayor or City Clerk becomes aware of a service disruption:
a. The Mayor or City Clerk shall immediately announce the service disruption to the public. b. The Mayor shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act.The recess shall last for one hour or until service is restored, whichever is earlier.
c. During the recess, City of Upland staff shall make a good faith effort to diagnose and restore the disrupted service.
5. Reconvening the Open Session
After the expiration of the hour, if service has not been restored, the Mayor or City Clerk shall report on the status of staff's efforts to restore remote access services, and the City Council may reconvene to:
a. Adjourn the meeting;
b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
"The City of Upland has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access."
6. Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including:
• The nature and time of the service disruption;
CITY OF
UPLAND Technology Disruption Policy page 3 • The time the meeting was reconvened (if applicable); • Any finding adopted pursuant to Section 5.
7. Response to Members of the Public Disrupting a Meeting If the Mayor or City Clerk becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person:
a. The Mayor or City Clerk shall warn the person who is participating through remote access services that he or she is disrupting the meeting and his or her failure to cease that behavior may result in his or her removal.
b. If the person to whom the Mayor gave the above warning persists in disrupting the meeting, the Mayor shall order staff to:
i. mute or otherwise limit the individual's ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or
ii. remove the individual from the meeting if paragraph (a)does not address the disrupting behavior or is not available using the remote access service.
8. Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.
City
of Upl
Technology
„„4. .....
or upt
4,01TAIW-tx
Disruption Policy
f \\4 _ ,ial
''‘-
City Clerk's Office ' , fr ii, %. ~,() 1 City Council Meeting
MAllON NA OF THE TR0.IL
.148.t'
May 26, 202644eXP011'*-
Keri Johnson , City Clerk
Background
4-4 pF UPL
Art Ill
�LrFOR��
• On October 3, 2025, Governor Newsom signed into law SB 707, which amends the Brown Act. Among the various new requirements under SB 707, all qualified legislative bodies must now offer hybrid meetings (through a two-way phone or video platform) by July 1 , 2026 • In addition , SB 707 requires the City to formally adopt a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely
Mandatory Remote Public Access
• All open and public meetings of the City Council must include an option for the public to attend remotely
• Remote attendance must be provided by two-way telephonic or two-way audiovisual means
• Remote speakers must receive the same time
allotment as in - person speakers
• Procedures must be consistent with standard
Off' UP
�~�� z��� public comment rules
l,, "`' `' Gov. Code § 54 953.4(b (1 (A) 1(i) (I) (is)
Service Disruption Procedures
417 %Ftrt
gLIF04�
• Announce the disruption immediately
• Mayor calls a recess of up to one hour
• Staff makes good faith efforts to restore service • Closed session may continue if authorized
Reconvening the meeting
G~4�OF upt��d
frt
gLIF04�
• Meeting may be adjourned
• Recess may be extended
• Council may continue meeting by roll call vote • Requires finding that good faith efforts were made
Policy Review and Updates
G,�, OF upt9�d
s .
/\:,
..
CgLIFOR��O
• Policy may be amended by City Council
• Changes must occur at a noticed public meeting • Amendments may not be placed on the consent
calendar
4°F °p`qw CIOFUPLAND
�, �. '� "The City of Gracious Living"
c�lrFOR�i� Z�v�/ `C`/ oid
DATE: May 26,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
CECILIA TODD,DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGER 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 (MOU) with the Upland Police Officers Association(UPOA).
• Adopt a Resolution amending the Salary Schedule for the Upland Police Management Association(UPMA). • 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.
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
On June 12,2023,the City Council adopted Resolutions approving MOUs with UPOA and UPMA as well as adopting Resolutions amending the Compensation and Benefit Plans for Non-Represented/Confidential Employees and Executive Employees.
The MOU between the City and UPOA is scheduled to expire on June 30, 2026. The City and UPOA engaged in successor MOU negotiations from March 2026 through April 2026 and reached a tentative agreement regarding salary, benefits,and other terms and conditions of employment.
ISSUES AND ANALYSIS
The City and UPOA have reached a tentative agreement,which has subsequently been ratified by the membership of the Association. The agreement is consistent with the direction provided by the City Council to the City's labor negotiations team throughout the negotiations process.
The proposed MOU amendments implementing the negotiated changes are attached for City Council consideration and approval. In addition, the proposed amendments to the Compensation and Benefit Plan for Executive and Non- Represented/Confidential employees are attached for City Council review and approval.
The City and UPOA agreed to the following changes:
• The term of the new agreement will be July 1,2026,through June 30,2027. • Table of Contents was updated due to page changes. • Salary Increase to be implemented as follows:
• 4% COLA (cost of living adjustment) to base salary effective the pay period beginning June 21, 2026
• Allow the use of unused Cafeteria Plan benefit contributions towards deferred compensation and/or HSA, subject to IRS limits,for all employees in this unit regardless of hire date. • Take-home vehicles for Detectives assigned to Detective Bureau.
• Updating the Donning and Doffing Policy to clarify that Officers are expected to report to duty in full uniform and prepared to begin work at the start of their assigned shift. As part of this update, the prior practice of providing 7.5 minutes at the beginning and end of each shift for donning and doffing uniforms and/or protective equipment will be discontinued.
• Appendix B:Updated salary schedules
As a result of the negotiated UPOA agreement, staff also recommend amendments to the salary schedule for UPMA employees pursuant to Article 5 of the UPMA MOU,as well as corresponding amendments to the Compensation and Benefit Plans for Executive and Non-Represented/Confidential employees.
The proposed amendment to the UPMA MOU is:
• Appendix B:Updated salary schedules
• Updating the Donning and Doffing Policy to clarify that Officers are expected to report to duty in full uniform and prepared to begin work at the start of their assigned shift. As part of this update, the prior practice of providing 7.5 minutes at the beginning and end of each shift for donning and doffing uniforms and/or protective equipment will be discontinued.
The proposed amendments to the Non-Represented/Confidential unit Compensation and Benefits plan are:
• The term of the new plan will be July 1,2026 through June 30,2027. • Table of Contents was updated due to page changes. • Salary increases to be implemented as follows:
• 3%COLA(cost of living adjustment)to base salary effective the pay period beginning June 21, 2026
• Cafeteria Plan allowance increase as follows:
• January 1,2027-$2,000
• Addition of CAPIO(Public Information Officer)Certification Pay. • Increase sick leave cash-out or Personal Leave conversion benefit for employees with twenty(20)or more years of service from 50%(625-hour maximum)to 60%(750-hour maximum)upon retirement. • Appendix B:Updated salary schedules
The proposed amendments to the Executive Employees Compensation and Benefits plan will be:
• The term of the new plan will be effective July 1,2026. • Table of Contents was updated due to page changes. • Salary increases to be implemented as follows:
• 3% COLA (cost of living adjustment) to base salary effective the pay period beginning June 21, 2026 except for the Police Chief.
• 4% COLA (cost of living adjustment) to base salary effective the pay period beginning June 21, 2026 for the Police Chief.
• Cafeteria Plan allowance increase as follows:
• January 1,2027-$2,000
• 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 the General Fund for Fiscal Year 2026/27 is$607,780,with an all-funds effect of$720,780. The proposed biennial budget reflects the inclusion of the above amendments and changes.
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, 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 Officers Association, attached hereto, and authorizes the City Manager, Assistant City Manager, and Deputy Director of Human Resources/Risk Manager 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, 2026.
PASSED, APPROVED and ADOPTED this 26th day of May, 2026.
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 26th day of May, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
4 OF Up4
TOtis ��d
14000
MEMORANDUM OF UNDERSTANDING(M.O.U.)BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND POLICE OFFICERS'ASSOCIATION(UPOA)
July 1,20236 to June 30,202786
1
Upland Police Officers'Association 7/l/236—
6/30/2 7:
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 [Field Code Changed ARTICLE 6- RETIREMENT 3 [Field Code Changed
ARTICLE 7-DEFERRED COMPENSATION 3 ---{Field Code Changed 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
ARTICLE 33-SAVINGS CLAUSE 17
ARTICLE 34-PREVENTATIVE HEALTH 17
ARTICLE 35—TUITION REIMBURSEMENT 18
_Upland Police Officers'Association 7/l/26
6/30/2:7
MEMORANDUM OF UNDERSTANDINGBETWEEN
THE CITY OF UPLANDAND
THE UPLAND POLICE OFFICERS'ASSOCIATION
JULY 1,20236-JUNE 30,202786
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, 20236, and shall expireon June 30,202674.
ARTICLE 2- PREAMBLE
It is the intent and purpose of this M.O.U.to set forth the understanding of the parties reached asa 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 fileda written authorization with the association. The City will begin dues deductions at the beginningof 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 tocover 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.
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
Upland Police Officers'Association 7/1/26
6/30/2:7
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:
1 A one time payment for Essential Workcr Prcmium 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.
Thcsc 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$1,166.66(10 months times$116.66).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.
IAA. Following MOU ratification by UPOA and City Council approval,-all employees in this unit shall receive:
1 A five four percent (45%) COLA increase in base salary for all association members, effective the pay period beginning June 215,20Th6.
2 A two percent(2%)COLA increase in base salary for all association members,effective the pay period beginning June 23,2024.
3 A two percent(2%)COLA increase in base salary for all association members,effective the pay period beginning December 8,2021.
1 A two percent(2%)COLA increase in base salary for all association members,effective the pay period beginning June 22,2025.
5 A two percent(2%)COLA increase in base salary for all association members,effective the pay period beginning December 7,2025.
The parties to this MOU agree for future reference that the survey cities remain as thefollowing cities: Rialto,Ontario,West Covina,Chino,Glendora,and Fontana.
ARTICLE 6- RETIREMENT
2
_Upland Police Officers'Association 7/l/26
6/30/2:7
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 Chiefs 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 finalcompensation period, the Fourth Level of the 1959 Survivor's Benefit,which employees agree topay$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 retirementplan 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.
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. 3
Upland Police Officers'Association 7/l/26
6/30/2:7
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)
not to exceed the maximum benefits
contribution allocation as stated above.
Family The maximum benefit of as stated above for the plan year.
4
Upland Police Officers'Association 7/1/26
6/30/2:7
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 wcrc hired prior to March 1,2016,may elect to transfer unused Cafeteria Plan funds to either thea deferred compensation account or for-
Eemployees in the unit who cicctenrolled in a qualifying-a medical HAS HSA plan,to a may transfer unused Cafeteria Plan funds to the HAS 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 tablebelow.
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 theCity 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
I 25+ years of service I $145.14 per month
The provisions of this article above shall only apply to bargaining unit members hired on or beforeDecember 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
10 to 14.99 r $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 I $75.00 $900.00
5
_Upland Police Officers'Association 7/l/26
6/30/2:7
25+ I $100.00 I $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- Citysponsored 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 attheir 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.
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 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 6
Upland Police Officers'Association 7/1/26
6/30/2:7
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 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, ifa 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.
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.
7
_Upland Police Officers'Association 7/l/26
6/30/2:7
Detectives assigned to the Detective Bureau 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 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 depai tment 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 8
Upland Police Officers'Association 7/1/26-
6/30/2:7
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
All employees serving in classifications covered by this MOU shall be compensated in cash forCity 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.
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 9
Upland Police Officers'Association 7/1/26.
6/30/2:7
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 'h)times their regular rateof 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.
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 l0
Upland Police Officers'Association 7/1/26.
6/30/2:7
discretion of the Chief of Police or his/her designee providing staffing levels are appropriate and the employee's CTO does not result in an unduly disruption to thedepartment'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 one half 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.
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 11
Upland Police Officers'Association 7/l/26
6/30/2:7
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 1st 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 1'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 31' 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 196 Hours per year
12
Upland Police Officers'Association 7/1/26-
6/30/2:7
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 1180 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 if they have used at least forty(40)hours of vacation between January 1st and December 31'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)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 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 Pt and December 31'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 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,sibling,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.
13
Upland Police Officers'Association 7/1/26L
6/30/2:7
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 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.
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 sustained and 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 determined by the Police Chiefs 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.
14
Upland Police Officers'Association 7/1/263=
6/30/267
15
_Upland Police Officers'Association 7/1/26
6/30/2;7
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"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.
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.
16
Upland Police Officers'Association 7/1/26
6/30/2:7
ARTICLE 31 - 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 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.
D. All bargaining unit members working a 3/12.5 work schedule shall work a 12'/2 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 17
Upland Police Officers'Association 7/1/263
6/30/2:7
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 to 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 ofthis 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 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 34- PREVENTATIVE HEALTH
Effective July 1,2019, employees in the unit may be reimbursed up to two hundred and fifty 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. 18
Upland Police Officers'Association 7/1/26-
6/30/2:7
Time spent toward educational or area development shall not be considered as time actually worked and should not occur during regular work hours.
CITY OF UPLAND
Michael Blay,City Manager Date
Stephen Parker,Assistant City Manager Date
Cecilia ToddTheresa Doyle,Deputy Director of Date
Human Resources/Risk Management
UPLAND POLICE OFFICERS ASSOCIATION
Andres GarciaChris Delaney,UPOA President Date
Carlo LandivarGabriel Garcia,UPOA Vice President Date 19
Upland Police Officers'Association 7/l/26
6/30/2:7
APPENDIX A
Classes included in the Upland Police Officers'Association Unit:
Grade Classification Title
49 Police Corporal
49 Police Detective
44 Police Officer
20
Upland Police Officers'Association 7/1/26L
6/30/2:7
APPENDIX B
UPOA Salary Schedule
5%Cola
Effective 6/25/2023
STEP
Job Description Grade 1 2 3 4 5 6
49 Hourly 45.54 47.82 50.21 52.72 55.36 58,12 POLICE CORPORAL Monthly 7,993.76 8,288.45 8,702.87 9,138.01 9,594.91 10,074.66 Yearly 94,725.09 99,461.35 104,434.41 109,656.13 115,138.94 120,895.89 Hourly 45.54 47,82 50.21 52,72 55,36 58,12 POLICE DETECTIVE 49 Monthly 7,893.76 8,288.45 8,702.87 9,138.01 9,594.91 10,074.66 Yearly 94,725.09 99,461.35 104,434.41 109,656.13 115,138.94 120,895.89 44 Hourly 40.25 42.26 44.38 46.60 48.93 51.37 POLICE OFFICER Monthly 6,976.93 7,325.78 7,652.07 8,076.67 8,480.50 8,904.53 Yearly 83,723.18 87,909.34 92,304.80 96,920.04 101,766.05 106,854.35 2%Cola
Effective 6/23/2024
- STEP
Job Description Grade 1 2 3 4 5 6
49 Hourly 46.45 48.77 51.21 53.77 56.46 59.29 POLICE CORPORAL Monthly 8,051.63 8,459.21 8,876.93 9,320.77 9,786.81 10,276.15 Yearly 96,619.59 101,450.57 106,523.10 111,849.26 117,441.72 123,313.81 Hourly 46.45 48.77 51.21 53.77 56.46 59.29 POLICE DETECTIVE 49 Monthly 8,051.63 8,459.21 8,876.93 9,320.77 9,786.81 10,276.15 Yearly 96,619.59 101,450.57 106,523.10 111,849.26 117,441.72 123,313.81 44 Hourly 41.06 43,11 45.26 47,53 49,90 52,40 POLICE OFFICER Monthly 7,116.47 7,472.29 7,845.91 8,238.20 8,650.11 9,082.62 Yearly 85,397.64 89,667.52 94,150.90 98,858.45 103,801.37 108,991.44 2%Cola
Effective 12/00/2024
STEP
Job Description Grade 1 2 3 4 5 6
49 Hourly 47.38 49.75 52.24 54.85 57.59 60.47 POLICE CORPORAL Monthly 8,212.67 8,623.30 9,054.46 9,507.19 9,982.55 10,481.67 arty yd. 1e3, 1., 114. 11y.,,J, 1.,, Hourly 47.38 49.75 52.24 54.85 57.59 60.47 POLICE DETECTIVE 49 Monthly 8,212.67 8,623.30 9,054.46 9,507.19 9,982.55 10,481.67 Yearly 98,551.99 103,479.59 108,653.56 114,086.24 119,790.55 125,780.08 44 Hourly 41.88 43,97 46.17 48,48 50,90 53,45 POLICE OFFICER Monthly 7,258.80 7,621.74 8,002.83 8,902.97 8,823.12 9,264.27 Yearly 87,105.60 91,460.87 96,033.92 100,835.61 105,877.40 111,171.27 2%Cola
Effecitve 6/22/2025
STEP
Job Description Grade 1 2 3 4 5 6
49 Hourly 48.33 50,74 53.28 55,95 58,74 61,68 POLICE CORPORAL Monthly 9,376.92 8,795.76 9,235.55 9,697.33 10,182.20 10,691.31 Yearly 100,523.03 105,549.18 110,826.64 116,367.97 122,186.37 128,295.68 Hourly 48.33 50,74 53.28 55,95 58,74 61,68 POLICE DETECTIVE 49 Monthly 9,376.92 8,795.76 9,235.55 9,697.33 10,182.20 10,691.31 Yearly 100,523.03 105,549.18 110,826.64 116,367.97 122,186.37 128,295.68 44 Hourly 42.72 44,85 47.09 49,45 51,92 54,52 POLICE OFFICER Monthly 7,403.98 7,779.17 8,162.88 8,571.03 8,999.58 9,449.56 Yearly 88,847.71 93,290.09 97,959.60 102,852.33 107,994.94 113,394.69 2%Cola
Effective 12/7/2025
Job Description Grade 1 2 3 4 5 6
49 Hourly 49.29 51,76 54.35 57,07 59,92 62,91 POLICE CORPORAL Monthly 8,544.46 8,971.68 9,420.26 9,891.28 10,385.84 10,905.13 Yearly 102,533.49 107,660.16 113,043.17 118,695.33 124,630.09 130,861.60 Hourly 49.29 51,76 54.35 57,07 59,92 62,91 POLICE DETECTIVE 49 Monthly 8,544.46 8,971.68 9,420.26 9,891.28 10,385.84 10,905.13 Yearly 102,533.49 107,660.16 113,043.17 119,695.33 124,630.09 130,861.60 44 Hourly 43.57 45.75 48.04 50.44 52.96 55.61 POLICE OFFICER Monthly 7,552.06 7,929.66 8,326.14 8,742.45 9,179.57 9,638.55 Yearly 90,624.66 95,155.89 99,913.69 104,909.37 110,154.84 115,662.58 21
Upland Police Officers'Association 7/1/26
6/30/267
City of Upland
UPOA Salary Schedule
Effective 6/21/2026
STEP
1 2 3 4 5 6
49 Hourly 51.27 53.83 56.52 59.35 62.32 65.43 POLICE CORPORAL Monthly 8,886.24 9,330.55 9,797.07 10,286.93 10,801.27 11,341.34 Yearly 106,634.83 111,966.57 117,564.90 123,443.14 129,615.30 136,096.06 Hourly 51.27 53.83 56.52 59.35 62.32 65.43 POLICE DETECTIVE 49 Monthly 8,886.24 9,330.55 9,797.07 10,286.93 10,801.27 11,341.34 Yearly 106,634.83 111,966.57 117,564.90 123,443.14 129,615.30 136,096.06 44 Hourly 45.31 47.58 49.96 52.45 55.08 57.83 POLICE OFFICER Monthly 7,854.14 8,246.84 8,659.19 9,092.15 9,546.75 10,024.09 Yearly 94,249.65 98,962.13 103,910.24 109,105.75 114,561.04 120,289.09 22
Upland Police Officers'Association 7/1/263=
6/30/2:7
APPENDIX C
•
AGREEMENT BETWEEN THE CITY OF UPLAND
AND
THE UPLAND POLICE OFFICERS ASSOCIATION
DETECTIVES STANDBY PAY POLICY
December 10,2001
After meeting and conferring in good faith,the City of Upland(hereinafter"City")and the Upland Police Officers Association(hereinafter UPOA)agree to the following as an amendment to the presently existing Memorandum of Understanding between the parties:
1. The parties acknowledge that this policy addresses what is known as uncontrolled FLSA standby time. The parties agree that the time spent on stand-by by the detectives is not hours worked unless a detective receives a call to respond.
2. Two detectives will be on-call(i.e.,standby)for an entire week,one week at a time,the week consisting of Tuesday through Monday,for the hours between a detective's normal shift end time through the detective's beginning of shift on the next regularly scheduled work day.
3. Once contacted by a supervisor for call-out, the detective will advise the supervisor of his/her approximate response time, understanding that the detective's response to the station or assignment location shall be reasonable and without undue delay. Although it is expected that most detectives living locally will be able to respond back to the station within 45 minutes of receiving a call,due to the fact that some detectives have a longer drive than others,may not be home when a call to respond is received or may need to shower if a call is received in the middle of the night,detectives responding to a call will have up to a maximum of one hour and 30 minutes to respond to a call. In addition,if a detective will be unable to respond within an hour and 30 minutes,he/she must call while on route to his/her supervisor and provide a reasonable explanation as to the reason and estimated time of arrival.
4. a. The department will provide detectives on standby with cellular phones and pagers so that they can be reached quickly and be able to discuss promptly the nature of the call-out.
b. The supervisor shall page the detective on his/her department-issued pager. The employee will then respond from wherever he/she is located by cellular or regular telephone.
5. Detectives shall respond to any page or cell phone message within ten minutes of its receipt on the pager or cell phone. The supervisor shall leave a cell phone or telephone number where he/she can be reached(other than a pager.)
Upland Police Officers'Association 7/1/263—
6/30/267
6. Detectives cannot consume alcoholic beverage during the standby week.
7. Detectives have the ability to trade on-call shifts with other detectives with supervisor approval. The supervisor shall not unreasonably withhold approval of a trade request.
A supervisor's denial of a trade request shall be set forth in writing,including articulating the reason for such denial of the requested shift trade.
8. a The department shall post a sign-up roster consisting of a twenty-six(26)week calendar with two(2)slots per week beginning each Tuesday. b. Detectives shall sign up by seniority established by time in grade as a detective, with ties broken by date of hire with the Police Department. All detectives,except for a detective working in an undercover assignment,are subject to this policy and shall be eligible for sign-up.
c. The sign-up schedule with two open lines for each week shall be posted for a three-week period prior to the beginning of the on-call period covered by the calendar. Employees shall have two weeks to sign up by seniority.A sergeant will ensure that sign-ups will occur in seniority order. The detectives may initially sign up for as many as six(6)on call shifts over the 26 week period,with no more than three(3)weeks in a row at any given time. Afterwards,the Chief of Police or designee will have one week to review the calendar and fill open slots at his discretion first utilizing detectives who have not signed up. d. The department cannot scratch a detective from the call-out calendar without the detective's permission,unless that employee has worked three consecutive on-call shifts(three weeks),was called out more than two times during a call-out week,in which case the slot may be opened or was subject to a disciplinary suspension during the particular week signed up for by the detective. Any such slots opened during the twenty-six calendar week period shall be posted again for volunteers. If none,then the slot-filling process above will be repeated. Nothing prohibits a detective from requesting he/she be taken off-call due to tiredness or illness from working extensive overtime or constantly being called out. e. If both on-call detectives have been called out,other detectives may be ordered to respond by supervision,in which cases those detectives get paid portal-to-portal.
9. a. On-call(weekly) shifts may be adjusted if the detective on stand-by under this policy cannot respond within the time set forth above due to illness,training,court, or being out of town on department business(other than due to being called out).
In such circumstances,the employee first will be given an opportunity to switch with another detective.If a switch cannot be made,the department may either: I) 24
Upland Police Officers'Association 7/l/263—
6/30/267
assign another employee to cover the shift,(by utilizing the provisions of Section 8 above)which employee assigned to cover an on-call shift will receive call-out pay for the week;or 2)not assign another detective for the weekly on-call shift. b. An employee must notify his/her supervisor as soon as that employee knows of the inability to be on call for his/her shift.
c. A detective unable to complete his call-out period due to personal reasons(e.g., illness,family leave or bereavement)shall be entitled to receive pay pursuant to this policy for the number of days in the week he/she was on standby. For example, if a detective completes three days of the seven day standby period, he/she would be entitled to 3/7 of the weekly standby pay. The replacing employee(if the Department chooses to use a replacing employee)would receive the remainder of the standby pay compensation. Employees who are unable to complete their call-out period must,as soon as possible,relinquish the detective call-out car to the employee assigned to replace him or her. This provision does not apply if a detective cannot complete his/her call-out period because of job related reasons(e.g.,training or court). In that situation,the employee will receive his/her full compensation for the call-out period even if the Department requires another detective to be on-call.
10. Detectives shall be paid$260 per week for each week of call-out assignment,regardless of whether the employee is actually called to work or not.The weekly call-out pay shall increase on January 1,2003 to$280 per week and increase on January 1,2004 to$300 per week.
11 Standby/call-out pay will be added to the base salary of employees for purposes of calculating overtime.
12. The department is to provide to detectives on call a detective unit with,at a minimum,a two-way radio,red light and siren to take home during the period of time while standby. The detective's unit cannot be used to transport passengers and can only be driven for personal use if the officer will be at a location while on standby which is more than 10 miles from his/her home and is closer to the Upland Police Department than his/her home.If,for some reason,a detective is not provided with a take-home unit, he/she will be paid portal-to-portal if called out.Travel time from the detective's home (or other point of departure following supervisor contact if the detective's location is closer to the City limits than his home)shall be compensated as overtime should the detective be directed to a call-out assignment more than 25 miles from the Upland City limits.
Otherwise,travel time is not compensable as time worked,unless,as provided herein,the detective is entitled to be paid portal-to-portal.
This Agreement is subject to ratification by the membership of the Upland Police Officers'Association and adoption by the City Council of the City of Upland. 25
Upland Police Officers'Association 7/1/26-
6/30/2:7
aenl By Leckie a Domeier LLP; �VJ 9094e411os; LIEBERiGA$Dec-7.SI OD4NLII TMR] t 5:1BPM•
POE a5
•
This Agreement is subject to ratification by the membership of the Upland Police Officers'Association and adoption by the City Council of the City of Upland.
Agreed and approved this 7 day of December,VOL /
el Ladd Peter J,Br._,
Legal Counsel and Chief Negotiator Legal Co fend Chief Negotiator For Upland Police Officers'Association For City of nand Police Department
-- — -— Jape S.Fleenor —---
Representative for Upland Police Human Resources Manager for Officers'Association the City of Upland
's3r7
26
Upland Police Officers'Association 7/1/26
6/30/267
Agreed and approved this /O rlay of December,2001.
Michael Leckie Peter J.Brown
Legal Counsel and Chief Negotiator Legal Counsel and Chief Negotiator For Upland Police Officers'Association For City of Upland Police Department
Ja E.11eenor
Representative for Upland Police an Resources Manager for Officers'Association t e City of Upland
76328
27
44:440wOr UAL
01,1h TV
(,i4JPOR.4
MEMORANDUM OF UNDERSTANDING (M.O.U.)BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND POLICE OFFICERS' ASSOCIATION (UPOA)
July 1, 2026 to June 30,2027
Upland Police Officers'Association 7/1/26—6/30/27
TABLE OF CONTENTS
ARTICLE 1 - TERM OF AGREEMENT 1
ARTICLE 2- PREAMBLE 1
ARTICLE 3- MAINTENANCE OF MEMBERSHIP 1
ARTICLE 4- MANAGEMENT RIGHTS 1
ARTICLE 5 - SALARIES 2
ARTICLE 6- RETIREMENT 2
ARTICLE 7 -DEFERRED COMPENSATION 3
ARTICLE 8- HEALTH INSURANCE - CAFETERIA PLAN 3
ARTICLE 9 - RETIREE HEALTH INSURANCE REIMBURSEMENT 4
ARTICLE 10 - RETIREE HEALTH SAVINGS ACCOUNTS 5 ARTICLE 11 - LIFE INSURANCE 5
ARTICLE 12 - BILINGUAL PAY 6
ARTICLE 13 —COURT STANDBY AND CALL OUT PAY 6
ARTICLE 14 - EDUCATION INCENTIVE AND POST CERTIFICATE PAY 6 ARTICLE 15 - DETECTIVE STANDBY PAY 7
ARTICLE 16 - ON-CALL PAY 8
ARTICLE 17 - HOLIDAY PAY 8
ARTICLE 18 - LONGEVITY PAY 8
ARTICLE 19 - MERITORIOUS PAY 9
ARTICLE 20- OVERTIME PAY 9
ARTICLE 21 - COMPENSATORY TIME OFF 9
ARTICLE 22 - SPECIAL ASSIGNMENT PAY 10
ARTICLE 23 - UNIFORM ALLOWANCE 11
ARTICLE 24 - SICK LEAVE 11
ARTICLE 25 - VACATION 12
ARTICLE 26 - BEREAVEMENT LEAVE 13
ARTICLE 27- BREAK AND MEAL PERIODS 13
ARTICLE 28 - NO STRIKE PROVISION 13
ARTICLE 29- DISCIPLINE AND PERSONNEL FILES 13
ARTICLE 30—STEP INCREASES 14
ARTICLE 31 - WORK SCHEDULE 15
ARTICLE 32 - PREVAILING BENEFITS 16
ARTICLE 33 - SAVINGS CLAUSE 16
ARTICLE 34 - PREVENTATIVE HEALTH 16
ARTICLE 35—TUITION REIMBURSEMENT 16
Upland Police Officers'Association 7/1/26—6/30/27
MEMORANDUM OF UNDERSTANDINGBETWEEN
THE CITY OF UPLANDAND
THE UPLAND POLICE OFFICERS' ASSOCIATION
JULY 1,2026- 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 (M.O.U.) shall be effective July 1, 2026, and shall expireon June 30,2027.
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.
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; 1
Upland Police Officers'Association 7/1/26—6/30/27 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. Following MOU ratification by UPOA and City Council approval, all employees in this unit shall receive:
1 A four percent(4%) COLA increase in base salary for all association members, effective the pay period beginning June 21, 2026.
The parties to this MOU agree for future reference that the survey cities remain as thefollowing 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:
2
Upland Police Officers'Association 7/1/26—6/30/27 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 compensationon 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.
3
Upland Police Officers'Association 7/1/26—6/30/27 1) Employees hired prior to March 1, 2016 will receive the maximum benefits contribution allocation:
• 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)
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 may elect to transfer unused Cafeteria Plan funds to either a deferred compensation account, or for employees enrolled in a qualifying medical HSA plan, to a 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 tablebelow.
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 theCity 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
4
Upland Police Officers'Association 7/1/26—6/30/27 The provisions of this article above shall only apply to bargaining unit members hired on or beforeDecember 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
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 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.
5
Upland Police Officers'Association 7/1/26—6/30/27 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 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 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 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:
6
Upland Police Officers'Association 7/1/26—6/30/27
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.
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.
Detectives assigned to the Detective Bureau 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 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 7
Upland Police Officers'Association 7/1/26—6/30/27 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
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. 8
Upland Police Officers'Association 7/1/26—6/30/27 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 %2) 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.
9
Upland Police Officers'Association 7/1/26—6/30/27
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 levels 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 Depaianient 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 one half 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 10
Upland Police Officers'Association 7/1/26—6/30/27 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 31 st 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.
11
Upland Police Officers'Association 7/1/26—6/30/27 • Employees who do not meet the requirement of using less than forty (40) hours of sick leave between January 1st and December 31 st 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 1180 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 if they have used at least forty(40)hours of vacation between January 1 St and December 31 st 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) 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 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 31 st 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 check 12
Upland Police Officers'Association 7/1/26—6/30/27 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, sibling, 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 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.
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. 13
Upland Police Officers'Association 7/1/26—6/30/27 Documents,pertaining to an"Internal Investigation"not sustained and 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 determined by the Police Chiefs 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 Depai lment 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.
Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of"Below Standards"to the Department Head.
14
Upland Police Officers'Association 7/1/26—6/30/27 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
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 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.
D. All bargaining unit members working a 3/12.5 work schedule shall work a 12 1/2 hour shift.
E. All bargaining unit members working the 3/12.5 or 4/10 work schedules shall be allowed a 15
Upland Police Officers'Association 7/1/26—6/30/27 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 to 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 ofthis 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 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 34 - PREVENTATIVE HEALTH
Effective July 1, 2019, employees in the unit may be reimbursed up to two hundred and fifty 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, 16
Upland Police Officers'Association 7/1/26—6/30/27 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.
CITY OF UPLAND
Michael Blay, City Manager Date
Stephen Parker, Assistant City Manager Date
Cecilia Todd, Deputy Director of Human Date
Resources/Risk Management
UPLAND POLICE OFFICERS ASSOCIATION
Andres Garcia, UPOA President Date
Carlo Landivar, UPOA Vice President Date
17
Upland Police Officers'Association 7/1/26—6/30/27
APPENDIX A
Classes included in the Upland Police Officers' Association Unit:
Grade Classification Title
49 Police Corporal
49 Police Detective
44 Police Officer
18
Upland Police Officers'Association 7/1/26—6/30/27
APPENDIX B
City of Upland
UPOA Salary Schedule
Effective 6/21/2026
STEP
1 2 3 4 5 6
49 Hourly 51.27 53.83 56.52 59.35 62.32 65.43
POLICE CORPORAL Monthly 8,886.24 9,330.55 9,797.07 10,286.93 10,801.27 11,341.34 Yearly 106,634.83 111,966.57 117,564.90 123,443.14 129,615.30 136,096.06 Hourly 51.27 53.83 56.52 59.35 62.32 65.43
POLICE DETECTIVE 49 Monthly 8,886.24 9,330.55 9,797.07 10,286.93 10,801.27 11,341.34 Yearly 106,634.83 111,966.57 117,564.90 123,443.14 129,615.30 136,096.06 44 Hourly 45.31 47.58 49.96 52.45 55.08 57.83
POLICE OFFICER Monthly 7,854.14 8,246.84 8,659.19 9,092.15 9,546.75 10,024.09 Yearly 94,249.65 98,962.13 103,910.24 109,105.75 114,561.04 120,289.09 19
Upland Police Officers'Association 7/1/26— 6/30/27
APPENDIX C
AGREEMENT BETWEEN THE CITY OF UPLAND
AND
THE UPLAND POLICE OFFICERS ASSOCIATION
DETECTIVES STANDBY PAY POLICY
December 10,2001
After meeting and conferring in good faith,the City of Upland(hereinafter"City")and the Upland Police Officers Association (hereinafter UPOA) agree to the following as an amendment to the presently existing Memorandum of Understanding between the parties:
]. The parties acknowledge that this policy addresses what is known as uncontrolled FLSA standby time. The parties agree that the time spent on stand-by by the detectives is not hours worked unless a detective receives a call to respond.
2. Two detectives will be on-call (i.e., standby)for an entire week, one week at a time, the week consisting of Tuesday through Monday, for the hours between a detective's normal shift end time through the detective's beginning of shift on the next regularly scheduled work day.
3. Once contacted by a supervisor for call-out, the detective will advise the supervisor of his/her approximate response time, understanding that the detective's response to the station or assignment location shall be reasonable and without undue delay. Although it is expected that most detectives living locally will be able to respond back to the station within 45 minutes of receiving a call, due to the fact that some detectives have a longer drive than others, may not be home when a call to respond is received or may need to shower if a call is received in the middle of the night,detectives responding to a call will have up to a maximum of one hour and 30 minutes to respond to a call. In addition,if a detective will be unable to respond within an hour and 30 minutes,he/she must call while on route to his/her supervisor and provide a reasonable explanation as to the reason and estimated time of arrival.
4. a. The department will provide detectives on standby with cellular phones and pagers so that they can be reached quickly and be able to discuss promptly the nature of the call-out.
b. The supervisor shall page the detective on his/her department issued pager. The employee will then respond from wherever he/she is located by cellular or regular telephone.
5. Detectives shall respond to any page or cell phone message within ten minutes of its receipt on the pager or cell phone. The supervisor shall leave a cell phone or telephone number where he/she can be reached(other than a pager.)
Upland Police Officers'Association 7/1/26—6/30/27
6. Detectives cannot consume alcoholic beverage during the standby week.
7. Detectives have the ability to trade on-call shifts with other detectives with supervisor approval. The supervisor shall not unreasonably withhold approval of a trade request.
A supervisor's denial of a trade request shall be set forth in writing,including articulating the reason for such denial of the requested shift trade.
8. a. The department shall post a sign-up roster consisting of a twenty-six (26) week calendar with two(2)slots per week beginning each Tuesday. b. Detectives shall sign up by seniority established by time in grade as a detective, with ties broken by date of hire with the Police Department. All detectives,except for a detective working in an undercover assignment,are subject to this policy and shall be eligible for sign-up.
c. The sign-up schedule with two open lines for each week shall be posted for a three-week period prior to the beginning of the on-call period covered by the calendar. Employees shall have two weeks to sign up by seniority.A sergeant will ensure that sign-ups will occur in seniority order. The detectives may initially sign up for as many as six(6)on call shifts over the 26 week period,with no more than three(3) weeks in a row at any given time. Afterwards, the Chief of Police or designee will have one week to review the calendar and fill open slots at his discretion first utilizing detectives who have not signed up. d. The department cannot scratch a detective from the call-out calendar without the detective's permission,unless that employee has worked three consecutive on-call shifts(three weeks),was called out more than two times during a call-out week,in which case the slot may be opened or was subject to a disciplinary suspension during the particular week signed up for by the detective. Any such slots opened during the twenty-six calendar week period shall be posted again for volunteers. If none, then the slot-filling process above will be repeated. Nothing prohibits a detective from requesting he/she be taken off-call due to tiredness or illness from working extensive overtime or constantly being called out. e. If both on-call detectives have been called out,other detectives may be ordered to respond by supervision,in which cases those detectives get paid portal-to-portal.
9. a. On-call (weekly) shifts may be adjusted if the detective on stand-by under this policy cannot respond within the time set forth above due to illness,training,court, or being out of town on department business(other than due to being called out).
In such circumstances, the employee first will be given an opportunity to switch with another detective. If a switch cannot be made,the department may either: 1) 21
Upland Police Officers'Association 7/1/26—6/30/27 assign another employee to cover the shift,(by utilizing the provisions of Section 8 above)which employee assigned to cover an on-call shift will receive call-out pay for the week;or 2)not assign another detective for the weekly on-call shift. b. An employee must notify his/her supervisor as soon as that employee knows of the inability to be on call for his/her shift.
c. A detective unable to complete his call-out period due to personal reasons (e.g., illness, family leave or bereavement) shall be entitled to receive pay pursuant to this policy for the number of days in the week he/she was on standby. For example, if a detective completes three days of the seven day standby period, he/she would be entitled to 3/7 of the weekly standby pay. The replacing employee(if the Department chooses to use a replacing employee)would receive the remainder of the standby pay compensation. Employees who are unable to complete their call-out period must, as soon as possible, relinquish the detective call-out car to the employee assigned to replace him or her. This provision does not apply if a detective cannot complete his/her call-out period because of job related reasons(e.g.,training or court). In that situation,the employee will receive his/her full compensation for the call-out period even if the Department requires another detective to be on-call.
10. Detectives shall be paid$260 per week for each week of call-out assignment, regardless of whether the employee is actually called to work or not. The weekly call-out pay shall increase on January 1,2003 to$280 per week and increase on January 1,2004 to$300 per week.
11 Standby/call-out pay will be added to the base salary of employees for purposes of calculating overtime.
12. The department is to provide to detectives on call a detective unit with,at a minimum,a two-way radio,red light and siren to take home during the period of time while standby. The detective's unit cannot be used to transport passengers and can only be driven for personal use if the officer will be at a location while on standby which is more than 10 miles from his/her home and is closer to the Upland Police Department than his/her home. If,for some reason,a detective is not provided with a take-home unit, he/she will be paid portal-to-portal if called out. Travel time from the detective's home (or other point of departure following supervisor contact if the detective's location is closer to the City limits than his home)shall be compensated as overtime should the detective be directed to a call-out assignment more than 25 miles from the Upland City limits.
Otherwise,travel time is not compensable as time worked,unless,as provided herein,the detective is entitled to be paid portal-to-portal.
This Agreement is subject to ratification by the membership of the Upland Police Officers'Association and adoption by the City Council of the City of Upland. 22
Upland Police Officers'Association 7/1/26—6/30/27 i2- 1:07 FM 210d?7cea7:�
- _= 8094941t04 13ec 7-a1 hp 519PM� Page 2/2 Rwnt oy: Leckie & pammeier LLPJJ �uy LI ERTCASSID44)HIT PAGE 05 t::•a, This Agreement is subject to ratification by the Laembersbiip of the Upland Police Officers'Association end adoption by the City Council of the City of Upland.
Agreed and mppreved this 7 day of December,2001.
a�ar
� s
I Ifl ►.
,d Peter
Legal Counsel and Chief Negotiator Legal C and Chief Negotiator For Upland Police Officers'Association For City of Lad Police Deportee%
Jane E.Fleenor
Representative for Upland Police Hanna Resources Manager for Officers' Association the City of Upland
,6J57
23
Upland Police Officers'Association 7/1/26—6/30/27 •
Agreed and approved this /O rJay of December,2001.
Michael Laekie Peter J.Brown
Legal Counsel and Chief Negotiator Legal Counsel and Chief Negotiator For Upland Police Officers'Association For City of Upland Police Department
Ja E.Fleenor
Representative for Upland Police an Resources Manager for Officers'Association t e City of Upland
76328
24
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING THE 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, pursuant to Article 5 of the current Memorandum of Understanding between the City and the Upland Police Management Association (UPMA), staff recommends corresponding amendments to the salary schedule for UPMA employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UPLAND 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 amendment to 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 and any related documents necessary to implement the approved changes.
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, 2026.
PASSED, APPROVED and ADOPTED this 26th day of May, 2026.
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 26th day of May, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
4 F ►A
Yam.
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 104-0 ARTICLE 12 — LIFE INSURANCE 104-0
ARTICLE 13 — BILINGUAL PAY 1044)
ARTICLE 14—STANDBY PAY 11
ARTICLE 15 — HOLIDAY PAY 114-1
ARTICLE 16 - LONGEVITY PAY 1214
ARTICLE 17— EDUCATION INCENTIVE AND POST CERTIFICATE PAY ARTICLE 18 -TUITION REIMBURSEMENT 14
ARTICLE 19 - MERITORIOUS PAY 1444
ARTICLE 20 - OVERTIME PAY 151-5
ARTICLE 21 —COMPENSATORY TIME OFF 154-5
ARTICLE 22 - UNIFORM ALLOWANCE 161-6
ARTICLE 23 -SICK LEAVE 1646
ARTICLE 24 -VACATION 1737
ARTICLE 25 —VACATION BUYBACK 1737
ARTICLE 26 - BEREAVEMENT LEAVE 1848
ARTICLE 27 - EXECUTIVE LEAVE 18
Upland Police Management Association 7/1/2023— 6/30/2027 ARTICLE 28—NO STRIKE PROVISION 18
ARTICLE 29 - DISCIPLINE AND PERSONNEL FILES 19 ARTICLE 30—STEP INCREASES 19
ARTICLE 31 -WORK SCHEDULE 212-0
ARTICLE 32 — PREVAILING BENEFITS 212-1
ARTICLE 32 —SAVINGS CLAUSE 212-1
3
Upland Police Management Association 7/1/2023— 6/30/2027
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 4
Upland Police Management Association 7/1/2023— 6/30/2027 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. 5
Upland Police Management Association 7/1/2023— 6/30/2027 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 (CaIPERS), 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%) CaIPERS 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 CaIPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU.
The parties acknowledge that CaIPERS 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 CaIPERS contract, employee "cost sharing" contributions will be made pursuant to Government Code Section 20516, Employee Cost Sharing of Additional Benefits.
The City contracts with CaIPERS 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 CaIPERS 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 6
Upland Police Management Association 7/1/2023— 6/30/2027 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
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.
7
Upland Police Management Association 7/1/2023— 6/30/2027 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 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. 8
Upland Police Management Association 7/1/2023— 6/30/2027 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
r25 + 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 9
Upland Police Management Association 7/1/2023— 6/30/2027 accrued sick leave or using Personal Leave (% 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
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. 10
Upland Police Management Association 7/1/2023— 6/30/2027 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 %2).
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. 11
Upland Police Management Association 7/1/2023— 6/30/2027 All Police Captains shall observe the following holidays, established by Resolution of the City Council:
New Year's Day (January 1) I
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) I
Tabor 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 I (December 25) I
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.
12
Upland Police Management Association 7/1/2023— 6/30/2027 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.
13
Upland Police Management Association 7/1/2023— 6/30/2027 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 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 14
Upland Police Management Association 7/1/2023— 6/30/2027 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 1/2) 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 %z) 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. 15
Upland Police Management Association 7/1/2023— 6/30/2027 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 appointment.
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 CaIPERS 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 1"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 1" of the calendar year prior to the end of the calendar year in which the employee wishes to covert such sick leave.
16
Upland Police Management Association 7/1/2023— 6/30/2027 • 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 30t"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 r152 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 Januarylst of the prior year and December 3lstof 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 17
Upland Police Management Association 7/1/2023— 6/30/2027 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 3lstof the prior calendar year will not be eligible for vacation buyback.
• Employees who fail to submit a request by December 1'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
18
Upland Police Management Association 7/1/2023— 6/30/2027 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 19
Upland Police Management Association 7/1/2023— 6/30/2027 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 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 20
Upland Police Management Association 7/1/2023— 6/30/2027 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 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.
21
Upland Police Management Association 7/1/2023— 6/30/2027
CITY OF UPLAND
Michael Blay, City Manager Date
Stephen Parker, Assistant City Manager Date
Tcrry DoyleCecilia Todd, Deputy Director of Date
Human Resources/Risk Management
UPLAND POLICE MANAGEMENT ASSOCIATION
Maurice DuranAnthony Kabayan, UPMA President Date Anthony KabayanAndrew McCullough, UPMA Vice-President Date 22
Upland Police Management Association 7/1/2023— 6/30/2027
APPENDIX A
Classes included in the Upland Police Management Unit:
Range Classification Title
73 POLICE CAPTAIN
67 POLICE LIEUTENANT
58 POLICE SERGEANT
23
Upland Police Management Association 7/1/2023- 6/30/2027
APPENDIX B
City of Upland
UPMA Salary Schedule
Effective 6/25/2023
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 82.37 86.49 90.81 95.35 100.12 105.13 POLICE CAPTAIN Monthly 14,277.64 14,991.53 15,741.10 16,528.16 17,354.57 18,222.29 Yearly 171,331.73 179,898.32 188,893.23 198,337.90 208,254.79 218,667.53 67 Hourly 71.03 74.58 78.31 82.22 86.34 90.65
POLICE LIEUTENANT Monthly 12,311.57 12,927.15 13,573.50 14,252.18 14,964.79 15,713.03 Yearly 147,738.82 155,125.76 162,882.04 171,026.15 179,577.45 188,556.33 58 Hourly 56.87 59.72 62.70 65.84 69.13 72.59
POLICE SERGEANT Monthly 9,858.22 10,351.13 10,868.69 11,412.12 11,982.73 12,581.87 Yearly 118,298.66 124,213.59 130,424.27 136,945.49 143,792.76 150,982.40 City of Upland
UPMA Salary Schedule
Effective 6/23/2024
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 84.02 88.22 92.63 97.26 102.12 107.23 POLICE CAPTAIN Monthly 14,563.20 15,291.36 16,055.92 16,858.72 17,701.66 18,586.74 Yearly 174,758.37 183,496.29 192,671.10 202,304.65 212,419.89 223,040.88 67 Hourly 72.45 76.07 79.87 83.87 88.06 92.47
POLICE LIEUTENANT Monthly 12,557.80 13,185.69 13,844.97 14,537.22 15,264.08 16,027.29 Yearly 150,693.59 158,228.27 166,139.69 174,446.67 183,169.00 192,327.45 58 Hourly 58.01 60.91 63.96 67.16 70.51 74.04
POLICE SERGEANT Monthly 10,055.39 10,558.16 11,086.06 11,640.37 12,222.38 12,833.50 Yearly 120,664.63 126,697.86 133,032.76 139,684.40 146,668.62 154,002.05 24
Upland Police Management Association 7/1/2023- 6/30/2027 City of Upland
UPMA Salary Schedule
Effective 12/8/2024
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 85.70 89.98 94.48 99.21 104.17 109.38 POLICE CAPTAIN Monthly 14,854.46 15,597.18 16,377.04 17,195.90 18,055.69 18,958.47 Yearly 178,253.53 187,166.21 196,524.52 206,350.75 216,668.28 227,501.70 67 Hourly 73.90 77.59 81.47 85.55 89.82 94.31
POLICE LIEUTENANT Monthly 12,808.96 13,449.40 14,121.87 14,827.97 15,569.37 16,347.83 Yearly 153,707.46 161,392.84 169,462.48 177,935.60 186,832.38 196,174.00 58 Hourly 59.17 62.13 65.24 68.50 71.92 75.52
POLICE SERGEANT Monthly 10,256.49 10,769.32 11,307.78 11,873.17 12,466.83 13,090.17 Yearly 123,077.93 129,231.82 135,693.41 142,478.08 149,601.99 157,082.09 City of Upland
UPMA Salary Schedule
Effective 6/22/2025
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 87.41 91.78 96.37 101.19 106.25 111.56 POLICE CAPTAIN Monthly 15,151.55 15,909.13 16,704.58 17,539.81 18,416.80 19,337.64 _ Yearly 181,818.60 190,909.54 200,455.01 210,477.76 221,001.65 232,051.73 67 Hourly 75.38 79.14 83.10 87.26 91.62 96.20
POLICE LIEUTENANT Monthly 13,065.13 13,718.39 14,404.31 15,124.53 15,880.75 16,674.79 Yearly 156,781.61 164,620.69 172,851.73 181,494.31 190,569.03 200,097.48 58 Hourly 60.36 63.37 66.54 69.87 73.36 77.03
POLICE SERGEANT Monthly 10,461.62 10,984.70 11,533.94 12,110.64 12,716.17 13,351.98 Yearly 125,539.48 131,816.46 138,407.28 145,327.65 152,594.03 160,223.73 25
Upland Police Management Association 7/1/2023- 6/30/2027 City of Upland
UPMA Salary Schedule
Effective 12/07/2025
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 89.16 93.62 98.30 103.22 108.38 113.79 POLICE CAPTAIN Monthly 15,454.58 16,227.31 17,038.68 17,890.61 18,785.14 19,724.40 Yearly 185,454.98 194,727.73 204,464.11 214,687.32 225,421.68 236,692.77 67 Hourly 76.88 80.73 84.76 89.00 93.45 98.12
POLICE LIEUTENANT Monthly 13,326.44 13,992.76 14,692.40 15,427.02 16,198.37 17,008.29 Yearly 159,917.25 167,913.11 176,308.76 185,124.20 194,380.41 204,099.43 58 Hourly 61.56 64.64 67.87 71.27 74.83 78.57
POLICE SERGEANT Monthly 10,670.86 11,204.40 11,764.62 12,352.85 12,970.49 13,619.02 Yearly 128,050.27 134,452.79 141,175.43 148,234.20 155,645.91 163,428.20 Please note the salary schedule for the 4'year of the MOU will be determined once negotiations with the Upland Police Officers Association have been completed.
City of Upland
UPMA Salary Schedule
Effective 6/21/2026
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 92.73 97.36 102.23 107.34 112.71 118.35 POLICE CAPTAIN Monthly 16,072.76 16,876.40 17,720.22 18,606.23 19,536.55 20,513.37 Yearly 192,873.18 202,516.83 212,642.68 223,274.81 234,438.55 246,160.48 67 Hourly 79.96 83.96 88.15 92.56 97.19 102.05
POUCE LIEUTENANT Monthly 13,859.49 14,552.47 15,280.09 16,044.10 16,846.30 17,688.62 Yearly 166,313.94 174,629.63 183,361.11 192,529.17 202,155.63 212,263.41 58 Hourly 64.03 67.23 70.59 74.12 77.82 81.71
POLICE SERGEANT Monthly 11,097.69 11,652.57 12,235.20 12,846.96 13,489.31 14,163.78 Yearly 133,172.28 139,830.90 146,822.44 154,163.57 161,871.74 169,965.33 26
h
Cr 1" :;.
1,4. *,
C
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND POLICE MANAGEMENT ASSOCIATION
July 1, 2023 to June 30, 2027
L
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 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
3
Upland Police Management Association 7/1/2023— 6/30/2027
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND POLICE MANAGEMENT ASSOCIATION
July 1, 2023 —J U N E 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 4
Upland Police Management Association 7/1/2023— 6/30/2027 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. 5
Upland Police Management Association 7/1/2023— 6/30/2027 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 CaIPERS 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 CaIPERS 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 6
Upland Police Management Association 7/1/2023— 6/30/2027 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
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.
7
Upland Police Management Association 7/1/2023— 6/30/2027 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 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. 8
Upland Police Management Association 7/1/2023— 6/30/2027 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. 1 .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
r25 + 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 7 $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 9
Upland Police Management Association 7/1/2023— 6/30/2027 accrued sick leave or using Personal Leave (% 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
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. 10
Upland Police Management Association 7/1/2023— 6/30/2027 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 %).
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. 11
Upland Police Management Association 7/1/2023— 6/30/2027 All Police Captains shall observe the following holidays, established by Resolution of the City Council:
New Year's Day (January 1) I
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) I
Tabor 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 I (December 25) I
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.
12
Upland Police Management Association 7/1/2023— 6/30/2027 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.
13
Upland Police Management Association 7/1/2023— 6/30/2027 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 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 14
Upland Police Management Association 7/1/2023— 6/30/2027 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 1/2) 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 %2)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. 15
Upland Police Management Association 7/1/2023— 6/30/2027 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 appointment.
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 CaIPERS 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 1"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 1" of the calendar year prior to the end of the calendar year in which the employee wishes to covert such sick leave.
16
Upland Police Management Association 7/1/2023— 6/30/2027 • 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
F11- 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 Januarylst of the prior year and December 3lstof 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 17
Upland Police Management Association 7/1/2023— 6/30/2027 15t 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 15t 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 15t and December 3lstof the prior calendar year will not be eligible for vacation buyback.
• Employees who fail to submit a request by December 15t 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
18
Upland Police Management Association 7/1/2023— 6/30/2027 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 19
Upland Police Management Association 7/1/2023— 6/30/2027 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 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 20
Upland Police Management Association 7/1/2023— 6/30/2027 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 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.
21
Upland Police Management Association 7/1/2023— 6/30/2027
CITY OF UPLAND
Michael Blay, City Manager Date
Stephen Parker, Assistant City Manager Date
Cecilia Todd, Deputy Director of Date
Human Resources/Risk Management
UPLAND POLICE MANAGEMENT ASSOCIATION
Anthony Kabayan, UPMA President Date
Andrew McCullough, UPMA Vice-President Date
22
Upland Police Management Association 7/1/2023— 6/30/2027
APPENDIX A
Classes included in the Upland Police Management Unit:
Range Classification Title
73 POLICE CAPTAIN
67 POLICE LIEUTENANT
58 POLICE SERGEANT
23
Upland Police Management Association 7/1/2023- 6/30/2027
APPENDIX B
City of Upland
UPMA Salary Schedule
Effective 6/25/2023
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 82.37 86.49 90.81 95.35 100.12 105.13 POLICE CAPTAIN Monthly 14,277.64 14,991.53 15,741.10 16,528.16 17,354.57 18,222.29 Yearly 171,331.73 179,898.32 188,893.23 198,337.90 208,254.79 218,667.53 67 Hourly 71.03 74.58 78.31 82.22 86.34 90.65
POLICE LIEUTENANT Monthly 12,311.57 12,927.15 13,573.50 14,252.18 14,964.79 15,713.03 Yearly 147,738.82 155,125.76 162,882.04 171,026.15 179,577.45 188,556.33 58 Hourly 56.87 59.72 62.70 65.84 69.13 72.59
POLICE SERGEANT Monthly 9,858.22 10,351.13 10,868.69 11,412.12 11,982.73 12,581.87 Yearly 118,298.66 124,213.59 130,424.27 136,945.49 143,792.76 150,982.40 City of Upland
UPMA Salary Schedule
Effective 6/23/2024
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 84.02 88.22 92.63 97.26 102.12 107.23 POLICE CAPTAIN Monthly 14,563.20 15,291.36 16,055.92 16,858.72 17,701.66 18,586.74 Yearly 174,758.37 183,496.29 192,671.10 202,304.65 212,419.89 223,040.88 67 Hourly 72.45 76.07 79.87 83.87 88.06 92.47
POLICE LIEUTENANT Monthly 12,557.80 13,185.69 13,844.97 14,537.22 15,264.08 16,027.29 Yearly 150,693.59 158,228.27 166,139.69 174,446.67 183,169.00 192,327.45 58 Hourly 58.01 60.91 63.96 67.16 70.51 74.04
POLICE SERGEANT Monthly 10,055.39 10,558.16 11,086.06 11,640.37 12,222.38 12,833.50 Yearly 120,664.63 126,697.86 133,032.76 139,684.40 146,668.62 154,002.05 24
Upland Police Management Association 7/1/2023- 6/30/2027 City of Upland
UPMA Salary Schedule
Effective 12/8/2024
STEP
lob Description Grade 1 2 3 4 5 6 73 Hourly 85.70 89.98 94.48 99.21 104.17 109.38 POLICE CAPTAIN Monthly 14,854.46 15,597.18 16,377.04 17,195.90 18,055.69 18,958.47 Yearly 178,253.53 187,166.21 196,524.52 206,350.75 216,668.28 227,501.70 67 Hourly 73.90 77.59 81.47 85.55 89.82 94.31
POLICE LIEUTENANT Monthly 12,808.96 13,449.40 14,121.87 14,827.97 15,569.37 16,347.83 Yearly 153,707.46 161,392.84 169,462.48 177,935.60 186,832.38 196,174.00 58 Hourly 59.17 62.13 65.24 68.50 71.92 75.52
POLICE SERGEANT Monthly 10,256.49 10,769.32 11,307.78 11,873.17 12,466.83 13,090.17 Yearly 123,077.93 129,231.82 135,693.41 142,478.08 149,601.99 157,082.09 City of Upland
UPMA Salary Schedule
Effective 6/22/2025
STEP
lob Description Grade 1 2 3 4 5 6 73 Hourly 87.41 91.78 96.37 101.19 106.25 111.56 POLICE CAPTAIN Monthly 15,151.55 15,909.13 16,704.58 17,539.81 18,416.80 19,337.64 Yearly 181,818.60 190,909.54 200,455.01 210,477.76 221,001.65 232,051.73 67 Hourly 75.38 79.14 83.10 87.26 91.62 96.20
POLICE LIEUTENANT Monthly 13,065.13 13,718.39 14,404.31 15,124.53 15,880.75 16,674.79 Yearly 156,781.61 164,620.69 172,851.73 181,494.31 190,569.03 200,097.48 58 Hourly 60.36 63.37 66.54 69.87 73.36 77.03
POLICE SERGEANT Monthly 10,461.62 10,984.70 11,533.94 12,110.64 12,716.17 13,351.98 Yearly 125,539.48 131,816.46 138,407.28 145,327.65 152,594.03 160,223.73 25
Upland Police Management Association 7/1/2023- 6/30/2027 City of Upland
UPMA Salary Schedule
Effective 12/07/2025
STEP
lob Description Grade 1 2 3 4 5 6 73 Hourly 89.16 93.62 98.30 103.22 108.38 113.79 POLICE CAPTAIN Monthly 15,454.58 16,227.31 17,038.68 17,890.61 18,785.14 19,724.40 Yearly 185,454.98 194,727.73 204,464.11 214,687.32 225,421.68 236,692.77 67 Hourly 76.88 80.73 84.76 89.00 93.45 98.12
POLICE LIEUTENANT Monthly 13,326.44 13,992.76 14,692.40 15,427.02 16,198.37 17,008.29 Yearly 159,917.25 167,913.11 176,308.76 185,124.20 194,380.41 204,099.43 58 Hourly 61.56 64.64 67.87 71.27 74.83 78.57
POLICE SERGEANT Monthly 10,670.86 11,204.40 11,764.62 12,352.85 12,970.49 13,619.02 Yearly 128,050.27 134,452.79 141,175.43 148,234.20 155,645.91 163,428.20 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.
City of Upland
UPMA Salary Schedule
Effective 6/21J2026
STEP
Job Description Grade 1 2 3 4 5 6 73 Hourly 92.73 97.36 10223 107.34 112.71 118.35 POLICE CAPTAIN Monthly 16,072.76 16,876.40 17,72022 18,606.23 19,536.55 20,513.37 Yearly 192,873.18 202,516.83 212,642.68 223,274.81 234,438.55 246,160.48 67 Hourly 79.96 83.96 88.15 92.56 97.19 102.05
POLICE LIEUTENANT Monthly 13,859.49 14,552.47 15,280.09 16,044.10 16,846.30 17,688.62 Yearly 166,313.94 174,629.63 183,361.11 192,529.17 202,155.63 212,263.41 58 Hourly 64.03 67.23 70.59 74.12 77.82 81.71
POLICE SERGEANT Monthly 11,097.69 11,652.57 12,23520 12,846 96 13,489.31 14,163.78 Yearly 133,172.28 1.39,830.90 146,822.44 154,163.57 161,871.74 169,965.33 26
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADOPTING THE COMPENSATION
AND BENEFIT PLAN FOR NON-
REPRESENTED/CONFIDENTIAL EMPLOYEES
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 desires to provide consistency between recently negotiated employee agreements, it is necessary to amend the Non-Represented/Confidential employees' compensation and benefits plan. The amendment to the compensation and benefits plan will be effective through June 30, 2027.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UPLAND 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 amendment of the Non- Represented/Confidential employees' compensation and benefits plan, attached hereto, and authorizes the City Manager to execute the compensation and benefits plan and any related documents necessary to implement the approved changes.
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, 2026.
PASSED, APPROVED and ADOPTED this 26th day of May, 2026.
Bill Velto, Mayor
Resolution No.
Page
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 26th day of May, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
4 or trz
\i‘
C.)i;,,,,,,,,,.-•
r
'4LrFOR�1�
THE CITY OF UPLAND
NON-REPRESENTED/CONFIDENTIAL UNIT
COMPENSATION AND BENEFIT PLAN
1 July 1, 2023 2026 to June 30, 20276
TABLE OF CONTENTS
ARTICLE 1 -PURPOSE 4
ARTICLE 2-MANAGEMENT RIGHTS 4
ARTICLE 3-SALARIES 5
ARTICLE 4-RETIREMENT BENEFITS 5
ARTICLE 5-HEALTH INSURANCE-CAFETERIA PLAN 7
ARTICLE 6-RETIREE HEALTH INSURANCE REIMBURSEMENT 9 ARTICLE 7-RETIREE HEALTH SAVINGS ACCOUNTS 9
ARTICLE 8-LIFE INSURANCE 10
ARTICLE 9-LONG TERM DISABILITY INSURANCE 10
ARTICLE 10-DEFERRED COMPENSATION 10
ARTICLE 11 -TUITION REIMBURSEMENT 11
ARTICLE 12-EDUCATION/CERTIFICATION PAY 11
ARTICLE 13-LONGEVITY PAY 13
ARTICLE 14-PERFORMANCE APPRAISAL PAY 13
ARTICLE 15-MERITORIOUS PAY 14
ARTICLE 16-BILINGUAL PAY 14
ARTICLE 17-NOTARY PAY 15
ARTICLE 18-CELL PHONE 15
ARTICLE 19-PREVENTATIVE HEALTH BENEFIT 15
ARTICLE 20-HOLIDAYS-FLOATING HOLIDAYS 16
ARTICLE 21 - EXECUTIVE LEAVE 17
ARTICLE 22 -OVERTIME/COMPENSATORY TIME OFF 17
ARTICLE 23-SICK LEAVE BUYBACK 18
ARTICLE 24-SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT 19 ARTICLE 25-VACATION 19
ARTICLE 26-VACATION BUYBACK 20
ARTICLE 27-BEREAVEMENT LEAVE 21
ARTICLE 28-PARENTAL LEAVE 22
ARTICLE 29-STEP INCREASES 23
ARTICLE 30-LAYOFFF PROCEDURE 24
ARTICLE 31 -PREVAILING BENEFITS 29
ARTICLE 32-SAVINGS CLAUSE 29
ARTICLE 33-TERM OF AGREEMENT 29
Non-Represented/Confidential Unit 7/1/263-6/30/276
THE CITY OF UPLAND
NON-REPRESENTED/CONFIDENTIAL EMPLOYEES
COMPENSATION AND BENEFIT PLAN
ARTICLE 1 - PURPOSE
Non-represented/confidential employees are not represented by an employee organization.
This compensation and benefit plan document is intended as a comprehensive document to define and describe the amounts of compensation, benefits, hours and other terms and conditions of employment for non-represented/confidential employees. Additional employment terms and conditions may be covered by existing ordinances, resolutions, policies, and practices of the City, as well as the Merit System Rules and Regulations presently in effect.
ARTICLE 2-MANAGEMENT RIGHTS
The rights of the CITY include, but are not limited to the exclusive right to:
• Determine the mission of its constituent departments, commissions, and boards.
• Set standards of service.
• Determine the procedure and standards for employment and promotion. • Direct its employees.
• Relieve its employees from duty because of lack of work or for other lawful reasons.
• Maintain efficiency of government 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.
• To discharge, suspend, demote, reprimand, withhold salary increases or otherwise discipline employees for cause.
• To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance. 4