West Sacramento City Council
January 17, 2024

17.2. Seniority
The seniority date of an employee and their position on the seniority roster, shall be determined pursuant to criteria set out in the Memorandum of Understanding between BCA and the City (See Section 16).

17.3. Seniority Roster Availability
A current copy of the Seniority Roster shall be made available for inspection at reasonable times to employees upon request.

17.4. Employee Notice
The employee shall be given a thirty (30) calendar day written notice of layoff or demotion by the City Council or its authorized representative. The notice of layoff or demotion shall include the following information:
a) Reason for layoff or demotion; and
b) Effective date of layoff or demotion.

17.5. Future Vacancies
When vacancies occur within five (5) years thereafter, such reduced or laid off employees shall be given the opportunity to be rehired or advanced to their former classification from the established layoff eligibility list on the basis of seniority prior to the employment of any new eligibles; provided, however, that such eligibles meet a physical examination. If any such laid off employee fails to report for duty within thirty (30) calendar days after mailing to them of a written notice by registered mail to the last known address, they shall lose their right to be hired.

18. PROBATIONARY PERIOD

18.1. New Hires
No appointment of employment in the City shall be deemed final and permanent until after the expiration of a twelve (12) months probationary service. During this probationary period, the Fire 454
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

Chief may terminate the employment. Probationary employees terminated during their probationary period shall not have the right to appeal.

18.2. Promotion
No promotion to a position in the unit shall be deemed final and permanent until after the expiration of a period of twelve (12) months probationary service. In the event of unsatisfactory performance, an employee may be demoted to their previous permanent rank.

If a member of the BCA is selected for a higher-level position within the Fire Department other than Fire Chief and either does not pass probation in that higher level position or is released based on the position’s at-will status, they will have return rights to their former Battalion Chief position, even if there are no vacancies at that rank.

19. WORKING CONDITIONS

19.1. The City shall provide and maintain a station environment consistent with reasonable standards of safety, sanitation, comfort, and appearance. The station environment includes, but is not limited to: kitchen, rest rooms, dormitory, beds and mattresses, station furniture, lighting, floor covering, exercise facilities, and apparatus area.

19.2. Employees of the City shall care for such station environment consistent with the highest possible standard.

19.3. The City shall furnish bed sheets, pillow coverings, and bath towels.

19.4. Changes in said station environment constitute changes in working conditions and are therefore negotiable.

19.5. The City shall pay the cost for enrolling and participation in the approved Safety Exposure Reporting Program.

20. NON-DISCIPLINARY GRIEVANCE AND ARBITRATION PROCEDURE

20.1. Purpose
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Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

The purpose of this procedure is to provide for an orderly process for reviewing and resolving employee grievances at the lowest possible administrative level in the shortest possible time.

20.2. Definitions of Grievance
Grievance: A grievance is a complaint of one or a group of employees or a dispute between the City and an Exclusively Recognized Employee Organization involving the interpretation, application, or enforcement of the express terms of any Memorandum of Understanding, rules or regulations.

Discharge, suspension, demotion, and/or other disciplinary actions of an employee shall not be subject to the grievance procedure pursuant to this Section. Those matters shall be governed by the disciplinary procedures set forth in the City Personnel Rules.

20.3. Informal Grievance Procedures
The grievant shall orally discuss their grievance with their immediate supervisor within ten (10) days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have had knowledge of such event, but in no event longer than thirty (30) days from the act or omission. The employee shall identify the discussion as the informal step of the procedure. However, failure to identify the discussion as an informal step of the procedure shall not prejudice the grievant. The supervisor shall have seven (7) days to give an answer to the employee. The supervisor’s response may be given orally or in writing and should clearly be identified as the informal response to the grievance.

20.4. Formal Grievance Procedure

20.4.1. Level I
If a grievant is not satisfied with the resolution at the informal level, they may, within five (5) days of receipt of such answer, file a formal written grievance on a prescribed form with their supervisor. The supervisor within five (5) days thereafter shall give a written answer to the grievant.

20.4.2. Level II
456
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

If the grievant is not satisfied with the written answer from their supervisor, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the Department Head. Within fifteen (15) days of the receipt of the written appeal, the Department Head shall investigate the grievance, which may include a meeting with the concerned parties, and give a written answer to the grievant. The Department Head may affirm, modify, reverse, or otherwise resolve the decision appealed.

20.4.3. Level III
If the grievant is not satisfied with the written answer from the Department Head, the grievant may, within five (5) days of such answer, file a written appeal to the City Manager or designee. Within twenty (20) days of the receipt of the written appeal, the City Manager or designee shall investigate the grievance, which may include a meeting with the concerned parties and thereafter give a written answer to the grievant, which answer shall be final and binding unless appealed. The City Manager may affirm, modify, reverse, or otherwise resolve the decision appealed.

20.4.4. Level IV
If the grievant is not satisfied by the decision made by the City Manager, they must submit a written request within fifteen (15) days of the receipt of the response from the City Manager for a hearing before the Adjustment Board. Either party may request that Level IV be waived and that the appeal be elevated to Level V, arbitration. If the parties do not mutually agree to waive the Adjustment Board within the time frame as specified above; that is within fifteen (15) days of the receipt of the response from the City Manager, the grievance will proceed to the Adjustment Board. If the parties do mutually agree to waive the Adjustment Board, the grievance will proceed to Section 21.5, Selection of Arbitrator.

The hearing before the Adjustment Board shall be heard whenever possible within thirty (30) days of receipt of the request by the City Manager. The grievant shall be sent notice of the hearing at least fifteen (15) days prior to the hearing.

The Adjustment Board will be comprised of two (2) Union representatives, no more than one (1) of whom shall be either an employee of the City or an elected or appointed official of the Union; and two (2) representatives of the City, no more than one (1) of whom shall 457
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

be either an employee of the City or a member of the staff of any organization employed to represent the City in the meet and confer process. No decision of the Adjustment Board shall be final and binding without receiving the affirmative votes of at least three (3) members of the Board.

20.4.5. Level V
If the Adjustment Board is unable to arrive at a majority decision, either the Union or the City may, within fifteen (15) days of the written receipt of the Adjustment Board decision, require that the grievance be referred to an impartial Arbitrator.

20.5. Selection of Arbitrator
An Arbitrator may be mutually agreed upon by the two parties. If they fail to agree upon the Arbitrator within ten (10) working days, the Division of State Mediation and Conciliation Service (SMCS) of the State of California Public Relations Board shall be requested to submit a list of five (5) Arbitrators and, from such, the employee and the City Manager or designee shall promptly select the Arbitrator by the alternate striking of names, commencing with the employee, from said list.

Upon selection of the Arbitrator, the City Manager or designee shall contact the Arbitrator and arrange for the earliest hearing date available with regard to the parties' and arbitrator’s schedules. Should the Arbitrator's calendar preclude a hearing date within sixty (60) days, the City Manager or designee may require the parties to strike names for a replacement.

20.6. Arbitration Hearing and Decision
The arbitration hearing shall be conducted as an evidentiary hearing with full due process rights, including the right to present witnesses, present evidence, cross examine opposing witnesses, the right to counsel and findings to support the decision.

The Arbitrator shall conduct a hearing and shall either issue an oral bench decision or shall, within thirty (30) days of conclusion of the hearing, render a written decision and/or order. Any decision and/or order of the Arbitrator shall be final.

20.7. Automatic Advances
458
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

If, at any step in the informal or formal grievance procedure, it is determined that the designated person who is to respond to the grievance does not have the authority to resolve the issue presented, the grievance automatically advances to the next line of authority, as designated in the grievance procedure, who does have the authority to respond.

20.8. Cost of Grievance Arbitration
The cost of the arbitration, including the Arbitrator's fee, shall be shared equally by the employee and the City.

20.9. Time Limits
Time limits are considered an integral and important part of the grievance procedure, and may not be waived except by mutual written consent of the parties. In the event that a grievant fails to carry their grievance forward within a prescribed time period, the grievance shall be considered settled without precedent based upon the decision rendered at the most recent step utilized, and any right to pursue the grievance further shall be deemed waived and abandoned. If a supervisor or manager fails to respond with an answer to a grievant within a given time period, the grievant may proceed to the next higher level of the grievance procedure.

21. DISCIPLINARY PROCEDURE
This procedure shall be followed for the following disciplinary actions: suspension without pay, reduction in pay, demotion, or dismissal. Specific grounds for disciplinary action are outlined in Section 4.9 of the City Personnel Rules.

21.1. Purpose
The purpose of the disciplinary procedure is to provide employees subject to disciplinary action with all rights to which they are entitled by law; to provide an orderly procedure for pre-action notice, response, implementation, and appeal; to correct deficiencies in employee performance and to assure improvement to meet job standards.

21.2. Employee Representation
459
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

An employee may have a representative present at all stages of the disciplinary process as outlined in Sections 25.4 through 25.10 provided that the representative is not a party to the action.

21.3. Administrative Leave
An employee may be placed on administrative leave, with pay, pending investigation of facts possibly giving rise to the potential need for discipline.

21.4. Notice of Proposed Disciplinary Action
Prior to suspension without pay, reduction in pay, demotion, or dismissal, the employee shall be provided the following:
a) Notice of the proposed action;
b) The reasons for the proposed action;
c) A copy of the charges and any materials upon which the proposed action is based; d) Notice that the employee is entitled to an opportunity to respond to the charges orally or in writing, or both, personally or with a representative, which may be an attorney; e) The date and time of the response meeting during which the employee and their representative shall have an opportunity to refute the charges or present facts that may not be known;
f) Notice that if the employee fails to attend the response meeting, the employee shall be deemed to have waived all rights to said meeting and from appeal to any action taken.

21.5. Notice of the Response Meeting
Notice of the response meeting shall be given no less than seven (7) days prior to the meeting.

21.6. Response Meeting
At the time and place set for the meeting giving the employee an opportunity to respond, the employee may respond orally and/or in writing, personally, or with a representative. Neither party 460
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

shall be entitled to call witnesses or take testimony. At the meeting, the City Manager or designee may consider information contained in the charges and recommendations, as well as information presented by the employee or their representative. At the conclusion of the response meeting or within seven (7) days, the City Manager or designee shall issue an order either implementing or determining not to implement the action. The City Manager or designee may implement an action that is of lesser severity than that which was initially proposed.

21.7. Implementation of Decision
When discipline is imposed, a copy of the order shall be served upon the employee either personally, or by registered or certified mail, return receipt requested, at the last known address on file with the City. The order shall include:
a) A statement of the nature of the discipline imposed; b) The effective date of the discipline;
c) A statement of the causes for the discipline;
d) A statement of the specific facts or omissions upon which the discipline is based; and e) A statement advising the employee of their rights to appeal the disciplinary action. This statement shall include the manner and time within which an appeal must be taken, and the required content of the appeal notice.

21.8. Disciplinary Appeal Procedure
The employee, or representative, after service of an order of disciplinary action as specified in Section 21.7 may request that the matter be submitted to an impartial Arbitrator. A written request for a hearing before an Arbitrator must be served on the City Manager or representative within ten (10) days following receipt of the order of discipline. The demand for a hearing shall include:
a) Specific grounds for review; and
b) Copies of materials on which the appeal is based.
461
Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

21.9. Selection of Arbitrator
An Arbitrator may be mutually agreed upon by the two parties. If they fail to agree upon the Arbitrator within ten (10) working days, the Division of State Mediation and Conciliation Service (SMCS) of the State of California Public Employment Relations Board shall be requested to submit a list of five (5) Arbitrators, and from such, the employee or their representative and the City Manager or designee shall promptly select the Arbitrator by the alternate striking of names, commencing with the employee, from said list.

Upon selection of the Arbitrator, the City Manager or designee shall contact the Arbitrator and arrange for the earliest hearing date available with regard to the parties’ schedules. Should the Arbitrator’s calendar preclude a hearing date within sixty (60) days, the City Manager may require the parties to strike names for a replacement hearing officer.

21.10. Arbitration Hearing and Decision
The arbitration hearing shall be conducted as a full-scale evidentiary hearing with full due process rights including the right to present witnesses, present evidence, cross examine opposing witnesses, the right to counsel and findings to support the decision. No arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. The arbitrator's decision shall be limited only to the application and interpretation of the provisions of this MOU in the matter referred for consideration.

Within thirty (30) days of the conclusion of the hearing, the Arbitrator shall render a written decision. The decision of the Arbitrator shall be provided to both parties. Any decision of the Arbitrator shall be binding to both parties. The decision of the Arbitrator shall be final subject only to judicial review pursuant to the Code of Civil Procedure Section 1094.6.

21.11. Cost of Disciplinary Arbitration
The cost of the Arbitrator and any expenses associated with the hearing shall be shared equally by the employee and the City. If a transcript of the proceedings is requested, the party making such request shall pay the cost.

22. TERM
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Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025

The term of the Memorandum of Understanding shall be for a period of two (2) years commencing with the beginning of the pay period inclusive of ratification by BCA and approval by the City Council (November 4, 2023).

DATED: __________________________
_________________________________ ____________________________________ Martha Guerrero, Mayor Trevor Jamison, President
City of West Sacramento IAFF Local 522/West Sacramento Firefighter’s _____________________________________
Scott Pfeifer, President
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Memorandum of Understanding
West Sacramento Battalion Chief’s Association
11/4/2023 – 11/4/2025
Appendix Page i
APPENDIX "A" LEAVE CONVERSION - 40 HOUR PERSONNEL
One twenty-four (24) hour shift of leave time (i.e., vacation, holiday, or sick leave) is equivalent to two (2) eight-hour (8) days (i.e., sixteen (16) hours). Members assigned to a forty (40) hour workweek will accrue leave based on the following conversion factor:
• One (1) twenty-four (24) hour shift of leave time for a fifty-six (56) hour a week employee is equal to sixteen (16) hours of leave for a forty (40) hour a week employee. • The number of annual shifts of leave for a fifty-six (56) hour a week employee multiplied by sixteen (16) hours equals the number of hours of leave for a forty (40) hour a week employee.

On January 1 of each year, the forty (40) hour employee will be credited with the combined amount of vacation and holiday hours accrued in the prior calendar year. Sick leave is accrued on a monthly basis.

The various accruals for a fifty-six (56) hour and forty (40) hour employee are noted below:

Vacation:
56-Hour Employee:

Years of Service Shifts Earned Annual Accrual
Hours
Monthly
Accrual Hours
0 - 5 years 6 144 12
6 - 10 years 9 216 18
11+ years 12 288 24
40-Hour Employee:

Years of Service Conversion Factor Annual Accrual
Hours
Monthly
Accrual Hours
0 - 5 years 6 shifts x 16 hours 96 8
6 - 10 years 9 shifts x 16 hours 144 12
11+ years 12 shifts x 16 hours 192 16
Holidays:
56 Hour Employee Conversion Factor 40 Hour Employee Annual Holiday Hours
6 shifts 6 shifts x 16 hours 96
Floating Holidays:
56 Hour Employee Conversion Factor 40 Hour Employee Annual Floating Holiday Hours

1.75 shifts Per Year 1.75 shifts x 16 hours 28
Sick Leave:
56 Hour Employee Conversion Factor 40 Hour Employee
Monthly Accrual
1/2 shifts 1/2 shift x 16 hours 8 hours
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City of West Sacramento
Benefits Summary
West Sacramento Battalion Chief's Association
Term of Contract: 11/4/2023 – 11/4/2025
Administrative Assignment Pay: Employees assigned to an administrative assignment shall receive an additional five percent (5.0%) of base pay during the term of their assignment.

Bilingual Pay: Employee’s possessing and utilizing bilingual skills on duty shall receive bilingual pay in the amount of five percent (5%) of their hourly rate of pay. The number of employees, languages available, and the qualification requirements will be determined by the City.

Career Enhancement and
Wellness Reimbursement
The City will reimburse up to one thousand dollars ($1000) per fiscal year to all eligible employees (prorated for new hires) for eligible expenses related to Career Enhancement and/or Wellness Activities and Programs.

Deferred Compensation: Voluntary.

Educational & Certification
Incentive Pay:

Maximum educational and certification incentive that may be obtained is eight and one half percent (8.5%) of base pay per employee.

Education Amount
BA/BS 5.0%
AA/AS 2.0%
Maximum educational incentive that may be obtained is five percent (5%) of base pay per employee. Employees possessing both an AA/AS and BA/BS will be paid at the highest certificate amount.

Certificate Amount
Chief Fire Officer Certification 3.5%
Maximum certification incentive that may be obtained is three and one-half percent (3.5%) of base pay per employee. New certificates must be earned off duty.

The incentives in this section shall be cumulative and not compounded.

Emergency Call Back: All hours worked by employees outside their regular working hours as a result of emergency call back or station staffing will be paid at one and one-half (1-1/2) times the employee's base rate of pay.

Holidays: 12 set and 3.5 floating.

Those employees on a shift schedule will earn six (6) twenty-four (24) hour shifts per year as holidays plus one point seven-five (1.75) shifts of floating holidays. Holidays accrue at the beginning of each calendar year; floating holidays accrued at the beginning of the fiscal year. Employees on a shift schedule may cash out up to ninety-six (96) hours of holiday leave per fiscal year.

Management Leave: Employees on a 40-hour schedule shall receive eighty (80) hours and employees on a shift schedule shall receive one hundred and twenty (120) hours per fiscal year of management leave annually on July 1. Employees hired during the fiscal year shall receive a pro-rated amount of management leave for that year.
465
City of West Sacramento
Benefits Summary
West Sacramento Battalion Chief's Assn.
11/04/2023 – 11/4/2025

Medical & Dental After
Retirement:

For employees and retirees hired on or before 6/30/2019: City pays for CalPERS medical plan premiums up to $800 per month. Dental and Vision paid by the retiree. Vision is offered for 18 months (COBRA).

For employees hired on or after 7/1/2019: The City’s maximum monthly medical contribution for each eligible retiree shall be equal to the minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA). In addition to the PEMHCA minimum, employees will receive the following contributions to their Retiree Health Savings (RHS) account:
• From zero (0) to five (5) years of service: Twenty-five ($25) per month. • After completion of five (5) years of continuous service with the City:, One hundred dollars ($100.00) per month.
• After completion of ten (10) years of continuous service with the City: One hundred and fifty dollars ($150.00) per month.
• After completion of twenty (20) years of continuous service with the City: Two hundred dollars ($200.00) per month to be deposited into their RHS account.

Effective the first pay period after ratification and approval by the City Council, employees may have prior years of qualifying service included in their City years of service to count toward their accrual tier if they previously worked as a full time paid Firefighter/EMT or above. Prior years of service must be verified by submitting employment documentation outlining previous dates of employment.

Additional documentation may be requested if necessary.

Employees who terminate City service for reasons other than retirement or layoff prior to completing ten (10) years of continuous service with the City will forfeit any City contribution.

Employees will fall under the medical retirement tier based on original date of hire as a regular employee.
466
City of West Sacramento
Benefits Summary
West Sacramento Battalion Chief's Assn.
11/04/2023 – 11/4/2025

Medical, Dental, Vision & Life
Insurance:

Health plans offered through CalPERS. Dental plan is Delta Dental. Vision plan is Vision Service Plan. The Life Insurance is a $24,000 term life insurance policy with $1,000 coverage for a spouse and children aged 6 months to 23 years and $100 coverage for children aged 14 days to 6 months. Premiums shall be paid by the employee.

The employer contributed cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as listed below. At a minimum, the employee must purchase dental, vision and life insurance at the employee only level. • Employee Only: City will pay up to actual premium amount of medical, dental, and vision, not to exceed $905 per month.
• Employee Plus One: City will pay up to actual premium amount of medical, dental, and vision, not to exceed $1,358 per month.
• Employee Plus Two or More: City will pay up to actual premium amount of medical, dental, and vision, not to exceed $1,773 per month. • In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.

Effective pay period inclusive of January 1, 2024:
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,075 per month. • Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,822 per month. • Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,377 per month.
• In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.

Effective pay period inclusive of January 1, 2025:
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,175 per month. • Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,922 per month. • Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,477 per month.
467
City of West Sacramento
Benefits Summary
West Sacramento Battalion Chief's Assn.
11/04/2023 – 11/4/2025

Medical, Dental and Vision
Insurance Share the Savings
(Opt Out):

Employees hired before 7/1/19: Employees who choose to opt out of any of the City’s medical plans and show proof of enrollment in another group medical plan shall receive four hundred and seventy-five dollars ($475) per month plus City paid basic dental/vision up to the family rate depending on coverage selected.

Employees hired after 7/1/19: Employees who choose to opt-out of any of the City’s medical plans (opt out) and show proof of health care coverage shall receive four hundred and seventy-five dollars ($475). In addition, the City will pay 100% of the premiums for basic dental and vision up to the Employee Only rate. Employees can purchase up to the Employee Plus Two or More rate with the opt out funds.

Medicare Tax: 1.45%
Mutual Aid and Other
Responses
Employees shall be paid at the rate of time and one-half (1.5) their base rate of pay for mutual aid response through the California Mutual Aid System and for call-out and response through the California Office of Emergency Services outside of their regular working hours.

Employees shall be paid at the rate of time and one-half (1.5) their base rate of pay in the event of an unusual or prolonged emergency situation within the City of West Sacramento outside their regular working hours as approved by the City Manager.

Retirement: For employees hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and who are not eligible for reciprocity with another California public retirement system as defined by the Public Employees’ Pension Reform Act (PEPRA), the retirement formula shall be 2.7%@57.

Employees shall have a member contribution rate of fifty percent (50%) of the total normal cost rate on a pre-tax basis.

For employees hired on or after December 15, 2012, and before January 1, 2013 or Classic members as defined by CalPERS, the second-tier retirement formula shall be 3%@55.

Employees shall pay the entire 9% of their employee CalPERS contribution on a pre-tax basis.

For employees hired before December 15, 2012, the retirement formula shall be 3%@50.

Employees shall pay the entire 9% of their employee CalPERS contribution on a pre-tax basis.

New employees covered by a public retirement system with reciprocity (i.e., 37 Act), will be placed in the 3% @ 55 plan, in accordance with PEPRA.

Effective November 4, 2023, all employees shall pay an additional one percent (1%), of PERSable compensation towards the employer share of CalPERS retirement pursuant to PERS Code Section 20516.

Safety Equipment: Department issued.
468
City of West Sacramento
Benefits Summary
West Sacramento Battalion Chief's Assn.
11/04/2023 – 11/4/2025

Salary Increases: Effective November 4, 2023, the classification of Battalion Chief shall receive a general salary increase of three percent (3.0%).

Effective November 4, 2023, the classification of Battalion Chief shall receive an additional equity adjustment of three percent (3.0%).

Effective the pay period inclusive of July 1, 2024, the classification Battalion Chief shall receive a general salary increase of three percent (3.0%).

Sick Leave: 12 days per year (144 hours per year for those employees on a shift schedule). Unlimited accumulation. Up to 50% payoff of hours at retirement and remaining hours reported to CalPERS as additional service credit – OR – 100% of hours to be reported to CalPERS as additional service credit. 50% payoff of hours upon layoff or death.

Strike Team/Overhead
Deployments
Employees assigned to a reimbursable strike team/overhead deployments (Line EMT, PIO, Overhead or other recognized positions) shall receive a ten percent (10.0%) differential for any reimbursable incident. The differential shall apply from the time of deployment to the employee's return from the deployment. USAR deployments are excluded from this pay differential.

Training Specialty Assignment: Employees who are routinely and consistently assigned to train employees shall receive an additional five percent (5.0%) of base pay during the term of their assignment.

Vacation: 1-5 years = 6 shifts; 6-10 years = 9 shifts; 11+ years = 12 shifts. 1 - 24 hour shift = 2 - 8 hour days of vacation.

Maximum accumulation to 19 yrs. = 296 hours per year (shift employees = 444); maximum accumulation over 20 yrs. = 356 hours per year (shift employees = 534). Total payoff at separation.

Employees will be eligible to sell back unused accrued vacation hours annually in the second pay period of January each calendar year.

To qualify to participate in the vacation sell back program, the employee must use a minimum of 40 hours of accrued leave time (not including sick leave or paid holiday) in the preceding calendar year, and submit a request form by December prior to the sell back.

If qualified, employees can sell back up to 80 hours (shift employees = 120 hours) of accrued vacation time each calendar year.

Employees may have prior years of qualifying service included in their City years of service to count toward their accrual tier if they previously worked as a full time paid Firefighter/EMT or above.

Employees in this group should refer to the City Personnel Rules for further information on Employer/Employee relations, personnel practices, and terms and conditions of employment.
469

CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2024 ITEM # 15
SUBJECT:

CONSIDERATION OF THE TERMS OF SUCCESSOR AGREEMENT AND ADOPTION OF

THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO POLICE OFFICERS’ ASSOCIATON AND ADOPTION OF RESOLUTION 24-15 APPROVING AMENDMENTS TO THE BUDGET FOR FISCAL YEARS 2023/24 AND 2024/25
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Amanda Berlin, Assistant City Manager
Liane Lee, Human Resources Manager
Kaitlyn Montez, Sr. Human Resources Analyst
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to seek City Council consideration of a one-year (1) year successor Memorandum of Understanding (MOU) between the City of West Sacramento and the West Sacramento Police Officers’ Association (POA) and Resolution 24-15, approving related budget amendments.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Approve the terms of the successor agreement and adopt the Memorandum of Understanding between the City of West Sacramento and the West Sacramento Police Officers’ Association effective January 1, 2024 through December 31, 2024;

2. Approve the updated Classification Plan (Salary Schedule);

3. Approve the updated Benefits Summaries (Sworn and Non-Sworn) for POA; and

4. Adopt Resolution 24-15 approving amendments to the approved biennial budget for Fiscal Years 2023/24 and 2024/25 to fund the proposed salary and benefit changes.

BACKGROUND
The current MOU between the City of West Sacramento (City) and POA expired on December 31, 2023.

Negotiations for a successor MOU commenced in October 2023. A tentative agreement was reached on December 22, 2023. Represented members of POA ratified the tentative agreement on December 28, 2023.

The negotiated economic terms of the successor agreement are specifically designed to foster recruitment and retention through increasing the competitiveness of compensation.

ANALYSIS
The City and POA agreed to a one (1) year MOU effective January 1, 2024 through December 31, 2024. The successor MOU is attached hereto as Attachments 1 (Redline) and 2 (Clean) and contains several non-economic and economic terms. Key economic points of the tentative agreement are as follows:

1. Effective the first payroll period after ratification and inclusive of approval by the City Council, sworn employees shall receive a general salary increase of ten percent (10.0%).

2. Effective the first payroll period after ratification and inclusive of approval by the City Council, civilian employees shall receive a general salary increase of five percent (5.0%).

3. Effective the payroll period after ratification and inclusive of approval by the City Council, employees will receive a one-time, non-PERSable lump sum signing bonus of $1,500.

4. Effective the pay period inclusive of December 1, 2024, employees will receive a one-time, nonPERSable lump sum retention payment of $3,000.

5. Effective the first payroll period after ratification and inclusive of approval by the City Council, upon verification, sworn employees shall receive: an increase from 2% to 4.85% for POST Intermediate certificate, an increase from 2.5% to 5% for POST Advanced Certificate with a POST Incentive cap of

9.85% and an increase from 4% to 4.25% for a bachelor’s degree and 2.5% for a master’s degree with an Education Incentive cap of 6.75%. The maximum incentive under these sections is 16.6%.

6. Effective the first payroll period after ratification and inclusive of approval by the City Council, upon verification, civilian employees shall receive: an increase from 4% to 5% for a bachelor’s degree and

2.5% for a master’s degree with an Education Incentive cap of 7.5%.

7. Effective the payroll period after ratification and inclusive of approval by the City Council, the employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, 470 West Sacramento Police Officer’s Association Successor Agreement January 17, 2024

dental and vision) shall be as listed below. The employee must purchase dental, vision and life (if applicable) at the employee only level at minimum.
a. Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,075 per month.
b. Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,822 per month.
c. Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,377 per month. d. In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.
e. Share the Savings (Medical Opt Out):
i. Employees hired prior to July 1, 2018, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage, shall receive four hundred and seventy-five dollars ($475) per month plus City paid basic dental/vision up to the family rate depending on coverage selected.
ii. New employees hired on or after July 1, 2018, who opt out will receive four hundred and seventy-five dollars ($475) and City paid basic dental/vision at the employee only rate.

Employees can purchase up to the family rate with the opt out funds.

8. Effective the payroll period after ratification and inclusive of approval by the City Council, employees will receive two additional city-paid holidays (Cesar Chavez Day and Juneteenth) and upon retirement, employees are entitled to cash out all unused holiday time at their separation rate of pay.

Environmental Considerations
Not applicable.

Commission Recommendation
Not applicable.

Strategic Plan Integration
These recommendations support the City Council’s Mission to provide Quality Municipal Services and a City government that is financially sound with a superior workforce.

Alternatives
The City Council may choose to accept or reject any or all of the terms of the agreement. However, should the terms of this agreement be rejected or modified, the City and the Union will have to reopen negotiations.

Coordination and Review
Representatives of the POA and the City of West Sacramento (Human Resources & Finance) have agreed to the terms of the agreement. The POA membership ratified the tentative agreement on December 28, 2023.

Budget/Cost Impact
The approval of the MOU with the West Sacramento Police Officer’s Association will result in one-time costs of $145,550 in FY 2023/24, one-time costs of $292,802 in FY 2024/25 and ongoing costs of $1,719,992 in FY 2024/25. The General Fund impact is $135,832 in one-time costs in FY 2023/24, $273,286 in one-time costs in FY 2024/25, and $1,595,304 in ongoing annual costs beginning in FY 2024/25. POA MOU costs are primarily borne by the General Fund, with less than 7% of the total borne by the Measure K and Measure N funds, combined. This item requests adoption of Resolution 24-15 approving amendments to the adopted budget for the General Fund, Measure K Fund, and the Measure N Fund for Fiscal Years 2023/24 and 2024/25 to fund the proposed changes in salary and benefits for the Police Officer’s Association MOU.

ATTACHMENTS

1. Memorandum of Understanding (Clean)

2. Memorandum of Understanding (Redline)

3. Benefit Summary (Clean)

4. Benefit Summary (Redline)

5. POA Salary Schedule

6. Resolution 24-15
471

MEMORANDUM
OF

UNDERSTANDING

BETWEEN

THE CITY OF WEST SACRAMENTO
AND

THE WEST SACRAMENTO POLICE OFFICERS ASSOCIATION
Effective January 1, 2024 through December 31, 2024
472

TABLE OF CONTENTS

1.Recitals............................................................................................................1

2.Association Rights ...........................................................................................3

3.Management Rights ........................................................................................6

4.Hours and Work Schedule...............................................................................8

5.Wages .............................................................................................................12

6.Specialty Pays .................................................................................................21

7.Uniforms ..........................................................................................................26

8.Education and POST Incentives......................................................................27

9.CalPERS Retirement.......................................................................................29

10.Health and Welfare Benefits..........................................................................31

11.Employment Probation ..................................................................................38

12.Light/Limited Duty..........................................................................................39

13.Performance Evaluation ................................................................................39

14.Sick Leave .....................................................................................................41

15.Vacations.......................................................................................................43

16.Holidays.........................................................................................................45

17.Maternity and Paternity Leave.......................................................................48

18.Family and Medical Leave.............................................................................48

19.Bereavement Leave ......................................................................................49

20.Layoffs ...........................................................................................................49

21.Training..........................................................................................................50

22.Grievance Procedure.....................................................................................50

23.Disciplinary Procedure...................................................................................52

24. No Strikes/No Lockout..................................................................................62

25.General Provision ..........................................................................................62 473
f

1. Recitals

1.1. Parties
This Memorandum of Understanding (“MOU” or “Agreement”) is entered into by and between the City of West Sacramento (“the City”) and the West Sacramento Police Officers’ Association (“the Association”).

1.2. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative for all fulltime employees of the City who are in the classifications of Police Officer, Police Sergeant, Crime Scene Investigator I/II/III, Code Enforcement Officer I/II/Senior, Police Records Technician I/II/Senior, Property and Evidence Technician I/II and Community Services Officer I/II/Senior, Police Services Coordinator.

1.3. Definitions

1.3.1 Chief of Police
The Chief of Police or designee.

1.3.2 City Manager
The City Manager or designee.

1.3.3 Day(s)
A day is defined as the twenty-four (24) hours period commencing at 12:01 a.m. All references to days shall mean calendar days, unless otherwise noted.

1.3.4 Department
474
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

Department shall mean the Police Department or Community Development Department unless otherwise noted.

1.3.5 Director of Community Development
The Director of Community Development or designee.

1.3.6 Employee
Employee shall mean an employee in the bargaining unit represented by the Association.

1.3.6.1 Sworn Employee
Sworn employee shall mean an employee in the classification of Police Sergeant and Police Officer. These terms (Police Sergeant, Police Officer and sworn employees) shall mean Peace Officers as defined by the California Penal Code, Section 830, et seq.

1.3.6.2 Civilian Employee
Civilian employee shall mean an employee in the classification of Crime Scene Investigator I/II/III, Code Enforcement Officer I/II/Senior, Police Records Technician I/II/Senior, Property and Evidence Technician I/II, Community Services Officer I/II/Senior, Police Services Coordinator, Youth Counselor, Crime Analyst I/II/Senior.

1.3.7 Regular Hours
The time assigned to work, including paid time off, but not including overtime.

1.3.8 Workweek
Unless otherwise noted, the workweek is defined as commencing at 12:01 a.m. Saturday and ending at midnight the following Friday.
475
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

1.4. Seniority

1.4.1. For purposes of determining seniority within the Department in making a determination on issues where seniority controls according to the MOU, the following seniority system is established.

1.4.2. Seniority, within the Police Department, shall be defined as time in classification plus higher classification. Higher classification shall be determined by the top step hourly rate of pay in the affected classifications.

Sworn employees hired on the same date shall be granted seniority according to their ranking on the eligibility list. If the ranking of two or more sworn employees hired on the same date is the same, seniority shall be in order of the individual's total time as a full-time peace officer in the State of California. If the ranking of two or more sworn employees hired on the same date is the same and their total time as full-time peace officers in the State of California is the same, then seniority shall be determined by lot.

Civilian employees hired on the same date shall be granted seniority according to their ranking on the eligibility list. If the ranking of two or more civilian employees hired on the same date is the same, seniority shall be determined by lot.

2. Association Rights

2.1. Payroll Deductions and Payment
The City shall deduct the Association dues, initiation fees, assessments and association provided insurance from each pay check. The City shall promptly pay to the designated payee all deducted sums.
476
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

2.2. Hold Harmless
The Association shall indemnify and hold harmless the City, its officers and employees from any and all claims, demands, suits, or any other action arising from the collection of dues. In no event shall the City be required to pay Association dues, initiation fees, assessments and association provided insurance from its own funds.

2.3. Association Release Time
The Association shall have a reasonable amount of release time for the conducting of official Association business. The release time may be used by designated Association representatives for purposes relating to labor negotiations, and employee/employer relation matters.

2.4. Use of Release Time
Use of Association release time is subject to reasonable advance requests. Release time will be coordinated with the Division Commander. Approval of the release time must be received before the employee uses the time. The Department shall reasonably grant or deny the release time based upon the legitimate operating needs.

2.5. Association Time Bank
An Association Time Bank (ATB) is established for the purpose of allowing Association members to request paid time off for Association business, including participating in Association sponsored training, conferences and workshops. Any request of ATB shall require the approval of the Association President prior to submission.

ATB requests shall follow the same policy for approval as vacation time. ATB time requests shall be approved unless staffing is required on an overtime basis in order for the request to be approved. The Chief reserves the right to approve ATB requests which incur overtime costs. ATB shall not supersede previously approved vacation requests of other Association personnel. 477
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

During the first full pay period that begins in January of each year, each employee covered by this Agreement shall contribute one-half (.5) hour of vacation leave to the ATB. The Association can adjust the ATB contribution, up to a five (5) hour maximum, on an annual basis. The Association shall notify the City by October 1, of any change in ATB contributions.

This time, if not utilized by the Association within the year it is contributed, shall not be returned to the contributing members nor shall this time be subject to cashout, but shall be rolled over to the next year’s ATB. This time shall become the property of the Association and shall be banked.

Contributions to the ATB shall be done on an hour for hour basis.

The City shall provide the Association the ATB time balance annually on February 1.

2.6. Meetings
The Association shall have the right to reasonable use of City facilities for meetings upon timely written or oral application stating the purpose of the use. The use shall not interfere with the regular course of doing business. The City reserves the right to condition the use on payment of appropriate charges to offset the costs of the use of the facilities.

2.7. Communications

2.7.1. Bulletin Boards
The Association shall have the right to install bulletin boards for the Association's exclusive use. All material shall be posted upon the bulletin board and not upon walls, doors, file cabinets, or any other place. Posted materials shall not be obscene, defamatory, or of a partisan political nature, misleading, violative of any federal, state, or local ordinance, law, statute, or rule. The material shall not pertain to public issues which do not involve the City and its relations with employees. All posted material shall be neatly displayed. The City reserves the right to determine where bulletin boards may be used. Should the Association not abide by these rules, the Association may forfeit its right to have a bulletin board. 478
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

2.7.2. Inter/Intra Departmental Mail System
The City agrees to allow limited use of the City's inter/intra departmental mail system to the Association. The use shall not include material unsuitable for posting under Section 2.7.1.

3. Management Rights
Except as otherwise limited by a specific term of this agreement, the City has and retains the sole and exclusive rights and functions of management, including, but not limited to, the following:

To determine the nature and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.

To manage all facilities and operations of the City including the methods, means, and personnel by which the City operations are to be conducted.

To direct the work force, including the right to hire, assign, promote, demote, or transfer an employee.

To determine the location of all work assignments and facilities.

To determine processes, techniques, methods, and means of all operations, including changes, allocations, or adjustments of any machinery or equipment.

To determine the size and composition of the work force.

To determine policy and procedures affecting the selection or training of employees.

To establish, assess, and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment.

To control and determine the use and location of City employees, property, material, machinery, or equipment.
479
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

To schedule the operation of and to determine the number of shifts.

To determine the hours of operation.

To determine and enforce safety, health, and property protection measures and require adherence thereto.

To transfer work from one job site to another or from one location or unit to another.

To introduce new, improved, or different methods of operations, or change existing methods.

To layoff employees from duty for lack of work, lack of funds, or any other reason.

To reprimand, suspend, discharge, or otherwise discipline employees.

To discharge probationary employees without right to appeal.

To establish, modify, determine, or eliminate job classifications and allocate City positions to such classifications.

To promulgate, modify, and enforce work rules, safety rules, and regulations.

To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.

To contract or subcontract services, maintenance, distribution, or any other work with outside public or private entities.

No arbitrator shall have the authority to diminish any of the Management Rights included in this Section.

Any agreement by the City to meet and confer, or meet and consult over the effect of exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights.
480
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

4. Hours and Work Schedule

4.1. Standard Workday
The standard workday shall be from eight (8) to twelve and one-half (12.5) hours of work performed, not including any unpaid non-work time, as determined by the Chief of Police or Director of Community Development. Except in exigent or emergency circumstances, prior to modifying the hours in the standard workday, the City will notice and meet and confer with the Association prior to implementation. All days off in a workweek will be consecutive.

4.1.1 An employee who attends approved training that is shorter than the duration of their regular workday may, at the employee’s discretion:
a) Return to work and finish the remainder of their work hours; b) Use CTO or vacation leave for the remainder of their work hours; c) Make up the owed work hours on another workday;
d) Make up the owed work hours on a regularly scheduled day off; or e) Any combination of the preceding so long as it occurs in the same fourteen (14) day pay period in which the training occurred.

For purposes of calculating the number of work hours that are owed to the City by the employee, the City will count any time required by the employee for homework and/or studying as a result of the training and travel time to and from the training site. Travel time shall be determined as originating and terminating at the police department.

Employees are responsible for tracking their own time spent in training and travel.

Employees shall notify their direct supervisor prior to the concluding of training regarding any hours owed.
481
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

Overtime shall not be paid for hours owed to the City under this Section 4.1.1 and shall be paid to the employee at the employee’s regular rate of pay.

4.2 Schedule Changes
The Chief of Police will provide at least fifteen (15) days advance notice before changing an employees’ regular shift unless exigent circumstances exist requiring less notice. Involuntary shift changes shall be done in reverse seniority order.

4.2.1 An employee may have their shift changed (or flexed) for training in the following circumstances:
a) The employee voluntarily agrees to the flexed schedule; b) The training is required as part of being accepted into a specialty assignment; or c) The training is for two (2) or more consecutive days.

An employee may not be required to work more than five (5) days in a seven (7) day workweek (this does not include voluntary overtime) and must have a minimum of two (2) consecutive days off in each workweek.

An employee who is required to attend a training that lasts for one (1) day or less on their regular day off shall be paid overtime at the rate of time and one-half (1.5) their regular rate of pay.

4.3 Shift Exchange
Employees may be allowed to exchange shifts or portions thereof during the same payroll period with the approval of the employees’ Division Commander or supervisor. Shift exchanges may be granted when it does not interfere with established training schedules, the operation of the 482
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

Department, the safety of employees, or other applicable laws. The shift exchange shall have no effect on the hours or rate of pay for any of the employees involved in the exchange.

4.3.1 Shift Bidding
Employees shall bid for shift, hours, and days off in order of seniority, beginning with the most senior employee. Shift bidding will be conducted annually in November, with implementation on the first full pay period in January.

Sergeants shall bid before police officers.

When a shift becomes vacant outside of the shift bid, a two-bump process shall be used. The most senior employee requesting the vacancy shall be allowed to move, thus creating a second vacancy which shall be filled with the next most senior employee requesting the shift.

If the department chooses to fill the vacancy created by the second move, it shall be filled with the least senior employee.

4.4 Rest and Meal Periods

4.4.1 Sworn Employees
The time and duration of meal/rest periods for sworn employees shall be within the discretion of the Chief of Police and shall not exceed one (1) hour in total. Rest/meal periods for sworn employees shall be considered time worked. Meal/rest periods shall be scheduled in accordance with the requirements of the Department, and shall be taken at locations approved by the Chief of Police.

4.4.2 Civilian Employees
Civilian employees shall receive two (2) paid fifteen (15) minute rest periods and an unpaid meal period not to exceed one (1) hour. The Department will consider one-half (.5) hour meal periods within each work division using guidelines for approval listed below. 483
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

The exact time and duration of meal periods for civilian employees shall be within the discretion of the Chief of Police or Director of Community Development for Code Enforcement personnel. Rest and meal periods for civilian employees assigned to eight (8), nine (9), ten (10), or twelve (12) consecutive hours of work shall be considered time worked.

Rest periods shall be scheduled in accordance with the requirements of the Department. The Chief of Police or Director of Community Development, as appropriate, shall determine which employees will be assigned to work eight (8), nine (9), ten (10) or twelve (12) consecutive hours.

4.4.3 Guidelines for Approval of One-Half (.5) Hour Meal Periods The Chief of Police or Director of Community Development, as appropriate, shall use the following guidelines in determining if a sworn or civilian employee can have a one-half (.5) hour meal period:
 Work divisions which staff public counters will not disrupt or shorten their scheduled hours to the public;
 Meal periods will be established by the appropriate supervisor;  Employees in small work divisions must be cross-trained in order to ensure the full range of division services are available; and,
 One-half (.5) hour meal periods shall be inclusive of any travel time to and from the worksite.

4.5. Overtime Meal Allowance
All employees working two (2) or more hours of overtime contiguous to their regular shift shall be provided either an additional one-half (.5) hour meal period or one-half (.5) hour of overtime if a meal period cannot be provided during the overtime worked. 484
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

5. Wages

5.1 Rates of Pay

5.1.1 Hourly Rate of Pay
The hourly rate of pay for all employees shall mean the employee’s current hourly rate without any additional pays.

5.1.2 Regular Rate of Pay
The regular rate of pay for all employees shall mean the employee’s current hourly rate of pay plus all differentials and incentives (including FTO/Records Trainer/Code Enforcement Officer Trainer, Longevity, Bi-lingual, Education, POST, Shift Differential, Medical in Lieu (opt out), Officer in Charge (OIC) and Police Liaison) for which the employee qualifies under this MOU.

5.1.3 Separation Rate of Pay
The seperation rate of pay for all employees shall mean the employee’s current hourly rate of pay at time of separation plus the following incentives: FTO/Records Trainer/Code Enforcement Officer Trainer, Longevity, Bi-lingual, Education, POST, Officer in Charge (OIC) and Police Liaison, for which the employee qualifies under this MOU.

5.2 Salary and Equity Adjustments

5.2.1 Salary Adjustments

5.2.1.1 Effective the first payroll period after ratification and inclusive of approval by the City Council in January 2024:
485
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

 Sworn employees shall receive a general salary increase of ten percent (10.0%); and
 Civilian employees shall receive a general salary increase of five percent (5.0%).

5.2.2 Salary Schedule

5.2.2.1 For Employees Hired Prior To July 1, 2018
For employees hired as a regular employee prior to July 1, 2018, the salary range consists of five (5) steps (A through E) with approximately 5% between each step (Appendix A).

When an employee hired prior to July 1, 2018, reaches the top step (E step) of the five step (5) salary range of their current classification, they will then be placed at the top step (I step) of the nine (9) step salary schedule.

5.2.2.2 For Employees Hired After June 30, 2018
For employees hired as a regular employee after June 30, 2018, the salary range consists of nine (9) steps (A through I) with approximately 2.5% between each step (Appendix A).

5.2.2.3 Once all employees hired prior to July 1, 2018, reach the top step of their current classification range, they will move to the top step of the nine (9) step salary schedule, and the five step (5) salary schedule will be eliminated.

Upon promotion or series adjustment, all employees will move to or remain on the nine (9) step salary schedule.

5.2.3 Signing and Retention Bonus Pay
Effective the payroll period after ratification and inclusive of approval by the City Council in January 2024, all employees will receive a one-time, non-PERSable lump sum signing bonus of one-thousand and five hundred dollars ($1,500).
486
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

Effective pay period inclusive of December 1, 2024, all employees will receive a one-time, non-PERSable lump sum retention bonus payment of three thousand dollars ($3,000).

5.2.4 Longevity

5.2.4.1 Sworn Employees
Sworn Employees shall receive the following longevity increases:
 Two and one-half percent (2.5%) of their hourly rate of pay after a total of ten (10) years of service in a sworn capacity with a POST participating agency in the first full pay period after completion of ten (10) years is verified (i.e., beginning at the 11th year).  Additional two and one-half percent (2.5%) of their hourly rate of pay after a total of twelve (12) years of service in a sworn capacity with a POST participating agency in the first full pay period after completion of twelve (12) years is verified (i.e., beginning at the 13th year).
 Additional five percent (5%) of their hourly rate of pay after completing a total of fifteen (15) years of service (i.e., beginning of the 16th year) in a sworn capacity with a POST participating agency.
 The cumulative maximum longevity pay is ten percent (10%) after completion of the 15th year in a sworn capacity with a POST participating agency.  Prior years of qualifying service must be verified by submitting a copy of POST profile.

Additional documentation may be requested if necessary.

5.2.4.1.1 Sworn Employees Who Were Previously Civilian Employees 487
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

Sworn employees who previously held a classification defined as a civilian employee per section 1.3.6.2 shall have their years of service with the City as a regular employee count towards the years of service requirement for purposes of longevity under section 5.2.4.1.

5.2.4.2 Civilian employees
Civilian employees shall receive the following longevity increases:
 Two and one-half percent (2.5%) of their hourly rate of pay after ten (10) years of service with the City in the first full pay period after their ten (10) year anniversary date as a regular employee (i.e., beginning at the 11th year).
 An additional two and one-half percent (2.5%) of their hourly rate of pay after fifteen (15) years of service with the City in the first full pay period after their fifteen (15) year anniversary date as a regular employee.
 The maximum longevity pay is five percent (5%) after completion of the 15th year.

5.3. Overtime
It is the general policy of the City to avoid the necessity for overtime work whenever possible.

Overtime shall be held to a minimum consistent with the protection of lives and property of its citizens and the efficient operation of the City. Overtime work requires prior authorization by the Chief of Police or Director of Community Development, as appropriate.

5.4. Overtime Pay

5.4.1. 488
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

Employees who work in excess of their standard workday, as defined in Section 4.1, shall be compensated for such overtime at the rate of time and one-half (1.5) their regular rate of pay. Sick leave shall not count towards time worked in determining whether an employee has worked in excess of their standard workday. (This provision shall not apply to employees taking sick leave due to a worker’s compensation injury or illness.) An employee shall not be assigned mandatory overtime as a result of the use of sick leave.

5.4.2 Sworn Employees
Overtime may be taken in cash or in the form of compensatory time off. Compensatory time off shall not accrue in excess of one hundred forty (140) hours. Employees may use compensatory time off with the approval of the Chief of Police.

5.4.3 Civilian Employees
Overtime may be taken in cash or in the form of compensatory time off for eligible employees. Compensatory time off shall not accrue in excess of eighty (80) hours. Employees may use compensatory time off with the approval of the Chief of Police or Director of Community Development, as appropriate.

5.4.4. Upon termination from City service, all accumulated compensatory time off shall be paid to the employee at the employee’s current regular rate of pay.

5.4.5. At any time during the calendar year in which it is earned, prior to the last pay date of the calendar year, an employee may request in writing that a portion or all of the compensatory time off accrued be paid on the earliest possible payday. The payment is subject to the approval of the Chief of Police or Director of Community Development, as appropriate. An employee may only use or cash out compensatory time off during the calendar year in which 489
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

it is earned. All accrued and unused compensatory time off balances will be cashed out on the last pay date of each calendar year so that the employee’s compensatory time off account is reduced to a zero balance. No unused compensatory time off hours may be carried over to a subsequent calendar year. No compensatory time off can be elected for overtime worked during the last pay period of the calendar year.

5.5. Call Back Pay
An employee who is called back to work after leaving their place of employment, following the completion of the employee’s work shift, shall be paid for a minimum of two (2) hours work at the rate of time and one-half (1.5) their regular rate of pay, even if the total hours worked that day do not exceed eight (8), nine (9), ten (10), or twelve (12) hours. The compensation shall be computed as work performed from the time of reporting on duty or at the place of work through the time of going off duty or until completion of work. This Section does not apply if the employee is being called back to complete work that should have been finished prior to the end of their shift. If this occurs, the employee will be paid for all actual hours worked. Further, this Section does not apply if an employee is called either at home or on their cell phone but is not required to come to work. If this occurs, the employee will be paid for all actual hours worked but not less than one-quarter hour (.25).

5.6. On-Call

5.6.1. Employees shall be paid four dollars ($4.00) per hour for all hours assigned to an on-call assignment.
a. Each Investigator and Crime Scene Investigator will be designated for seven (7) day assignments.
490
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

b. When called out, the Investigator or Crime Scene Investigator shall be under the functional supervision of the Shift Supervisor or OIC, unless the Investigation Supervisor is on scene.
c. The decision to call out an Investigator or Crime Scene Investigator will rest with the Shift Supervisor or OIC. All personnel should comply with the directions given by the Field Supervisor. Any conflict of duty assignments will be brought to the Investigative Supervisor’s attention for review. Investigators and Crime Scene Investigators will address these conflicts in a constructive manner. All personnel will work together as a team to resolve the conflicts.
d. The Department will make every effort to assure that Investigators are assigned on-call no more than once every seven (7) weeks. In order to comply with this goal, the Department will make available an on-call list for non-investigative personnel to sign for occasional on-call or Crime Scene Investigator assignment.

This list will be used to fill in for vacations, workers’ compensation absences, or any other absences of regularly scheduled on-call personnel. The Department retains the right to determine if non-investigative personnel are qualified to act as on-call Investigators or Crime Scene Investigators. The Department will not, however, unreasonably withhold such authorization. On-call personnel will, of course, still be permitted to make changes to their on-call assignment among themselves with the permission of the Investigation Supervisor. e. On-call Investigators or Crime Scene Investigators are required to drive their City owned vehicle home and have them available at all times. The on-call Investigator or Crime Scene Investigator should be able to get to the scene of the investigation within forty five (45) minutes. When an Investigator or Crime Scene Investigator is on-call, they may utilize the vehicle for limited personal reasons provided the vehicle is not used to transport passengers or excess baggage. The on-call 491
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Investigator or Crime Scene Investigator may not consume any alcoholic beverage or engage in any other activities which would affect their ability to effectively respond and perform their duties as an Investigator or Crime Scene Investigator for the Department.
f. All Investigative personnel shall be provided with cell phones. When not on-call, Investigative personnel are still required to answer or call back if they receive a call to let the Department know whether they are available. Investigative personnel not on-call will not be disciplined if unavailable for call-out. If, however, Investigative personnel are unavailable on a consistent basis when called, the Department reserves the right to transfer them to another division.

5.6.2. When an employee is on an on-call assignment, they shall be paid for a minimum of two (2) hours work at the rate of time and one and one half (1.5) their regular rate of pay when called out.

5.7. Court Time

5.7.1. Off-duty court time will be paid at the rate of time and one and one-half (1.5) their regular rate of pay with a minimum pay equivalent to four (4) hours worked. Any off duty time required to appear in court in excess of the four (4) hours in one (1) day shall be compensated at the rate of time and one and one-half (1.5) their regular rate of pay. This applies to hours that are non-contiguous to the employee’s regular duty hours.

5.7.2. 492
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Court overtime will be compensated during such times as the court is actually in session or the employee is required to meet with the District Attorney. If the employee is required to meet with, or obtain evidence or information for the District Attorney during the lunch break, or return to court after the lunch break, the lunch break shall be compensated as overtime.

5.7.3. Breaks in court testimony or the required court activities, and multiple subpoenas that cover either only morning or afternoon court sessions do not count as separate incidents for the purpose of minimum compensation within the same day. Multiple subpoenas where one subpoena covers a morning court session and the other subpoena covers an afternoon court session do count as separate incidents for the purpose of minimum compensation within the same day.

5.7.4. Any employee who is scheduled to appear in court on a regular day off, or prior to or after their assigned duty shift, and who is released from that appearance after 1800 hours on the day prior to the court appearance date, shall be compensated at rate of time and one and one-half (1.5) their regular rate of pay equivalent to two (2) hours worked, provided they made a reasonable effort to contact the Court Liaison before reporting to court. This compensation is for the on-call hours between 0830 and 1330 hours. Furthermore, this compensation is for the disruption of an employee’s off-duty time in the event the hearing is canceled, or postponed, on the date of the scheduled appearance. If the employee is required to appear in court, they shall receive a minimum of four (4) hours pay at time and one-half (1.5) their regular rate of pay.

5.7.5. Any employee who has been directed to appear in court, or before any other administrative hearing within two (2) hours of the start or ending of their regularly scheduled shift in 493
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response to a lawfully executed subpoena, or by order of a superior officer, shall receive two (2) hours of compensation at the rate of time and one-half (1.5) their regular rate of pay. This compensation is for the disruption of the employee’s off-duty time, response to the work site for evidence retrieval, and travel time to, and possibly from, the court site during nonscheduled work hours.

5.8. Shift Differential

5.8.1. A civilian employee shall receive a night shift differential of five percent (5%) of their hourly rate of pay as additional compensation if more than one-half (.5) of their standard workday is before 8:00 a.m. or after 5:00 p.m.

5.8.2. Shift differential pay shall be paid only for time worked. No civilian employee shall receive shift differential for other paid time such as vacation, sick leave, or in-lieu of holiday pay.

5.9. Fitness Incentive

5.9.1 Employees may work out off-duty at the Department or the City recreation facility at no cost.

5.9.2 Sworn employees who work out off duty at least two (2) times per week during each fourteen (14) day pay period will receive fitness incentive pay in the amount of twenty-seven dollars and fifty-cents ($27.50) per pay period.

6. Specialty Pays

6.1 K-9 Officer Compensation
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The City and the Association have determined that the amount of compensable off-duty working time attributable to the routine care of a City owned canine (K-9), including but not limited to, the handling, caring, feeding, exercising, grooming, kennel cleaning, cleaning of City vehicles and ordinary transport to the veterinarian is thirty (30) minutes per day, seven (7) days per week.

This determination is the result of a good faith estimate by the City and the Association and is intended to be comprehensive, accurate and inclusive of all pertinent facts. The compensation for additional off-duty time shall be paid at the rate of time and one-half (1.5) their regular rate of pay. Officers assigned to K-9 duty shall be entitled to K-9 Officer compensation during periods of training up to three (3) months prior to the dog actually being certified for service.

6.1.1. In addition to the K-9 compensation described in Section 6.1, above, assigned K-9 officers will be reimbursed for the purchase of dog food and grooming supplies, which have been preapproved by the Lieutenant over the K-9 Program. Training expenses for all mandatory training, replacement of Police Department owned equipment provided for use in the K-9 program and all veterinary expenses incurred as the result of a service related injury or illness, including routine examinations and vaccinations, shall be paid by the Department. Any additional medical expenses may be paid by the City at the discretion of the Chief of Police.

6.1.2. No employee shall work more than thirty (30) minutes per day in the performance of off-duty K-9 Officer tasks without the express direction of the K-9 Sergeant or Lieutenant over the K9 Program. All extraordinary work involving the canine will be compensated at the rate of time and one-half (1.5) their regular rate of pay. Extraordinary work includes, but is not limited to, unanticipated trips for emergency veterinary care, special training not normally conducted on a daily or scheduled basis, and any work which causes a substantial increase in work time beyond that which is authorized in Section 6.1. Absent exigent circumstances, all 495
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01/01/2024 – 12/31/2024

such overtime must be authorized, in advance, by the K-9 Sergeant or Lieutenant over the K-9 Program.

6.1.3 In the event a City-owned canine is permanently retired by the Department, the most recent handler shall have the option to purchase the canine from the City for one dollar ($1.00). In the event the canine had more than one handler, and the most recent handler chooses not to purchase the canine, the next most recent handler of the canine shall have the option to purchase the retired canine. The purchase of the dog shall include an indemnification, and hold harmless agreement by the purchasing officer, releasing the City from any and all liability, including future veterinary care, maintenance, and other costs relating to the canine.

6.2. Field Training Officer, Records Trainer, and Code Enforcement Officer Trainer

6.2.1. The duties of a Field Training Officer (FTO), Records Trainer, and Code Enforcement Officer Trainer include additional responsibilities and paperwork in order to successfully train and implement the program. A FTO or Records Trainer may also be required to serve in a temporary assignment as an acting supervisor.

6.2.2. Trainer Compensation
Compensation for serving as an FTO, Records Trainer, and Code Enforcement Officer Trainer shall be as follows:

6.2.2.1 Field Training Officer
A FTO shall receive an additional five percent (5%) of their hourly rate of pay. FTOs are expected to perform their FTO duties during their normal tour of duty and will 496
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not receive overtime for FTO duties unless specifically authorized by the Chief of Police.

6.2.2.2 Records Trainer or Code Enforcement Officer Trainer A Records Trainer or Code Enforcement Officer Trainer, while actually training for the Department shall be compensated an additional five percent (5%) of their hourly rate of pay for every training day. Trainers are expected to perform their training duties during their normal tour of duty and will not receive overtime for training duties unless specifically authorized by the Chief of Police or Director of Community Development.

6.2.3. Acting Supervisor
An employee assigned by the Chief of Police or Director of Community Development to act in the capacity of a supervisor will be compensated an additional five percent (5%) of their hourly rate of pay after working one (1) regular work shift in the supervisory capacity. During these periods, the employee will have the same authority and responsibility as the supervisor they replaced.

6.3 Police Liaison Officer
The duties of the Police Liaison Officer shall involve community outreach and organization in order to identify and resolve issues related to either special persons and/or special group(s).

6.3.1 A Police Officer assigned as a Police Liaison Officer shall receive Police Liaison pay in the amount of five percent (5%) of their hourly rate of pay. Pay continues to be received while employee is utilizing vacation, sick leave or holiday pay.

6.4 Bilingual Pay
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Employee’s possessing and utilizing bilingual skills on duty shall receive bilingual pay in the amount of five percent (5%) of their hourly rate of pay. The number of employees, languages available, and the qualification requirements will be determined by the City. Pay continues to be received while employee is utilizing vacation, sick leave or holiday pay.

6.5 Officer In Charge (OIC)
The Police Officer in Charge (OIC) program is considered a specialty assignment for employees who are routinely and consistently assigned to a lead or supervisory capacity over other employees, subordinate classifications, or agency-sponsored program participants. The OIC program will provide opportunities for employee development and acquiring experience through mentorship under the direction of a division sergeant. The OIC Operations Manual outlines the administration of the OIC program.

6.5.1 The OIC program is designed to prepare officers with the leadership skills required to prepare them for the position of Sergeant. Officers interested in the OIC program will be required to test for the position. The testing process will be reflective of the field supervisor’s responsibilities. Officers appointed to the OIC assignment will not be required to test for sergeant.

6.5.2 The Department will establish the number of positions assigned to the OIC assignment.

6.5.3 OICs, in addition to standard police officer duties, will undertake the additional responsibility as a lead officer or acting supervisor in the absence of a sergeant.

6.5.4 498
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OICs are required to meet minimum ongoing supervisory requirements to maintain their ability to act in an OIC capacity.

6.5.5 OICs who are routinely and consistently assigned to lead or supervisory positions over other employees, subordinate classifications, or agency sponsored program participants shall receive an additional five percent (5%) of their hourly rate of pay.

6.5.6 Officers who are currently assigned to another specialty assignment and are selected for an OIC assignment may participate in an auxiliary fashion but not in a full-time status. Auxiliary OICs will be compensated only when performing in the capacity of and OIC.

6.5.6.1 In no event shall a Field Training Officer or Police Liaison Officer receive more than five percent (5%) of their hourly rate of pay if assigned as an OIC and another specialty assignment.

7. Uniforms

7.1 When hired, an employee shall be directed to the appropriate vendor(s) where they will obtain the required uniforms and/or equipment, which will be paid for by the City directly to the vendor(s). The required uniform and equipment for each classification will be contained in a policy and furnished to the Association on an annual basis. Employees are required to meet Department uniform standards.

7.1.1 499
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Employees who damage their clothing or personal items while working shall be reimbursed according to the provisions of the City Administrative Policy II-E-8.

The City shall provide sworn employees with level three A (3A) soft body armor with trauma plate and replace the body armor when damaged or prior to the manufacturer’s expiration date.

7.2 Safety Equipment – Civilian Employees
The City shall make available to on-duty civilian employees such safety equipment as is necessary for the employee’s job assignment, which may include, but not be limited to: rain gear, flashlight, radio holder, key holder, and orange safety vest.

7.2.1 With approval of the Director of Community Development or Chief of Police, City shall provide civilian employees with level three A (3A) soft body armor with trauma plate and replace the body armor when damaged or prior to the manufacturer’s expiration date.

8. Education and POST Incentives

8.1 Sworn Employees

8.1.1 POST Incentives
Upon verification, employees shall receive four point eight-five percent (4.85%) of their hourly rate of pay for an Intermediate POST certificate Upon verification, employees shall receive an additional five percent (5%) of their hourly rate of pay for an Advanced POST certificate.

Maximum incentive under section 8.1.1. is nine point eight-fivepercent (9.85%).

8.1.1.1 500
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The issuant date of POST certificates or date of hire as a regular employee, which ever is l later, shall be used for the implementation date of the POST incentive pays.

8.1.2 Education Incentives
Upon verification, employees shall receive four and one quarter percent (4.25%) of their hourly rate of pay for a Bachelor’s degree.

Upon verification, employees shall receive an additional two and one-half percent (2.5%) of their hourly rate of pay for a Master’s degree.

Maximum incentive under section 8.1.2. is six and three-quarters percent (6.75%).

8.1.3 The incentives in sections 8.1.1 and 8.1.2. shall be cumulative and not compounded. The maximum incentive under these sections shall be sixteen point six percent (16.6%). Changes in in sections 8.1.1 and 8.1.2 shall be effective the first payroll period after ratification and inclusive of approval by the City Council in January 2024.

8.2 Civilian Employees

8.2.1 Education Incentives
Upon verification, employees shall receive two-point five percent (2.5%) of their hourly rate of pay for an Associate’s Degree.

OR
Upon verification, employees shall receive five percent (5%) of their hourly rate of pay for a Bachelor’s degree.
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Upon verification, employees shall receive an additional two and one-half percent (2.5%) of their hourly rate of pay for a Master’s degree.

8.2.1.1 The incentives in this section shall be cumulative and not compounded. The maximum incentive under this section shall be seven and one-half percent (7.5%).

Changes in compensation in section 8.2.1 shall be effective the first payroll period after ratification and inclusive of approval by the City Council in January 2024.

8.3 Career Enhancement & Wellness
The City will reimburse up to one thousand dollars ($1000) per fiscal year to all eligible employees (prorated for new hires) for eligible expenses related to Career Enhancement and/or Wellness Activities and Programs incurred within twelve (12) months from the date of the expenditure, pursuant to the requirements and procedures outlined in City Administrative Policy II-E-1.

9. CalPERS Retirement

9.1. Safety Members
The City will continue its participation in the California Public Employees' Retirement System (CalPERS).

Police Safety Members hired prior to October 8, 2011, shall receive the 3% @ 50 formula, highest twelve (12) months for final compensation determination, the Third Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option, and Military Service Credit as Public Service.

The CalPERS contract includes Section 20516, Employees Sharing Cost of Additional Benefits. This allows affected employees to share in the cost of the 3% @ 50 enhanced retirement formula. 502
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West Sacramento Police Officer's Association
01/01/2024 – 12/31/2024

These employees pay four point three two five percent (4.325%) to share in the cost of the 3% @ 50 formula. As applicable, the employee contribution will be made pre-tax.

These Police Safety Members will pay the entire nine percent (9%) of the CalPERS employee contribution on a pre-tax basis.

Police Safety Members hired between October 8, 2011, and December 31, 2012, or Classic Members, as defined by CalPERS, shall receive the 3% @ 55 formula, highest thirty-six (36) months for final compensation determination, the Third Level of the 1959 Survivor’s Benefit, Unused Sick Leave Credit option and Military Service Credit as Public Service.

The CalPERS contract includes Section 20516, Employees Sharing Cost of Additional Benefits. This allows affected employees to share in the cost of the 3% @ 55 enhanced retirement formula.

These employees pay four point three-two-five percent (4.325%) to cost share for the 3% @ 55 formula. As applicable, the employee contribution will be made pre-tax.

These Police Safety Members will also pay the entire nine percent (9%) of the CalPERS employee contribution on a pre-tax basis.

New Police Safety Members hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and who are not eligible for reciprocity with another California public retirement system as defined by the Public Employees’ Pension Reform Act (PEPRA), and are not a rehire who is formerly a classic member, shall receive the 2.7% @ 57 formula, highest thirty-six (36) months for final compensation determination, the Third Level of the 1959 Survivor’s Benefit, Unused Sick Leave Credit option and Military Service Credit as Public Service.

These Police Safety Members will pay the entire CalPERS employee contribution as determined by CalPERS on a pre-tax basis.

9.2 Miscellaneous Members
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The City will continue its participation in the California Public Employees’ Retirement System (CalPERS).

Miscellaneous Members hired before February 11, 2012, shall receive the 2.5% @ 55 formula, the Third Level of the 1959 Survivor’s Benefit, highest thirty-six (36) months for final compensation determination, Military Service Credit as Public Service, and the Unused Sick Leave Credit option.

These Miscellaneous Members will pay the entire CalPERS employee contribution of eight percent (8%) on a pre-tax basis.

Miscellaneous Members hired between February 11, 2012, and December 31, 2012, or Classic Members, as defined by CalPERS, shall receive the 2% @ 60 formula, the Third Level of the 1959 Survivor’s Benefit, highest thirty-six (36) months for final compensation determination, Military Service Credit as Public Service, and the Unused Sick Leave Credit option.

These Miscellaneous Members will pay the entire CalPERS employee contribution of seven percent (7%) on a pre-tax basis.

New Miscellaneous Members hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and who are not eligible for reciprocity with another California public retirement system as defined by the Public Employees’ Pension Reform Act (PEPRA), and are not a rehire who is formerly a classic member, shall receive the 2% @ 62 formula, the Third Level of the 1959 Survivor’s Benefit, highest thirty-six (36) months for final compensation determination, Military Service Credit ad Public Service, and the Unused Sick Leave Credit option.

These Miscellaneous Members will pay the entire CalPERS employee contribution as determined by CalPERS on a pre-tax basis.

10. Health and Welfare Benefits
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10.1. City Contribution
The City shall continue enrollment in the State of California Public Employees' Retirement System (CalPERS) Health Insurance Program. Medical plans are offered through the CalPERS medical program (PEHMCA) using the unequal, minimum contribution methodology. Dental plan is selfinsured through Delta Dental. Vision plan is Vision Service Plan.

10.1.1 The employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as follows:
 Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed one hundred percent (100%) of the PORAC plan for employee only and the cost of employee only basic dental and basic vision per month.
 Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed eighty-five percent (85%) of the PORAC plan for employee plus one and eighty-five percent (85%) of the cost of employee plus one basic dental and basic vision per month.  Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed eighty-five percent (85%) of the PORAC plan for employee plus two or more and eighty-five percent (85%) of the employee plus two or more basic dental and basic vision plans per month.

In no event shall the contribution exceed 100% of the selected plan premium cost including dental and vision.

Employees hired prior to July 1, 2018, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage shall 505
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receive an additional four hundred and seventy-five dollars ($475) per month plus City paid dental/vision up to the family rate depending on coverage selected.

New employees hired on or after July 1, 2018, who opt out will receive four hundred and seventy-five dollars ($475) and City paid dental/vision at the employee only rate.

Employees can purchase up to the family rate with the opt out funds.

10.1.2 Effective the pay period after ratification and inclusive of approval by the City Council in January 2024, the employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as listed below. The employee must purchase dental, vision and life (if applicable) at the employee only level at minimum.
 Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,075 per month.  Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,822 per month.  Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,377 per month.  In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.
 Share the Savings (Medical Opt Out)
o Employees hired prior to July 1, 2018, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage, shall receive four hundred and seventy-five dollars ($475) per month plus City paid basic dental and basic vision up to the family rate depending on coverage selected.
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o New employees hired on or after July 1, 2018, who opt out will receive four hundred and seventy-five dollars ($475) and City paid basic dental and basic vision at the employee only rate. Employees can purchase up to the family rate with the opt out funds.

10.2. Medical After Retirement

10.2.1 Sworn Employees
Sworn employees hired after June 30, 2014 will receive retiree medical benefits pursuant to the following formula:
10 - 14 years of service= 50% of premiums
15 - 19 years of service= 75% of premiums
20 or more years of service= 90% of premiums
These premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier and not to exceed one thousand two hundred ($1,200) dollars per month.

Sworn employees hired after December 31, 2001 will receive retiree medical benefits pursuant to the following formula:
10 - 14 years of service= 50% of premiums
15 - 19 years of service= 75% of premiums
20 or more years of service= 90% of premiums
These premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier. 507
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This provision, however, will not impact any current retirees or current employees hired before January 1, 2002. These employees will maintain the current medical after retirement benefit levels. (See the Retiree Health Benefits Information Guide (RHBIG) dated January 2006.) The City agrees not to change the terms and conditions of retiree health benefits contained in the RHBIG without meeting and conferring with the Association.

10.2.1.1 Sworn employees not subject to Section 10.2.1 above will receive retiree medical benefits to be provided through PEHMCA. One hundred percent (100%) of the premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier. (See the Retiree Health Benefits Information Guide (RHBIG) dated January 2006.) The City agrees not to change the terms and conditions of retiree health benefits contained in the RHBIG without meeting and conferring with the Association.

10.2.2 Civilian Employees
Civilian employees will receive retiree medical benefits pursuant to the following formula:
10-14 years of service = $50 + 25% of premiums
15-19 years of service = $75 + 30% of premiums
20 or more years of service = $100 + 50% of premiums
The premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier.

In all cases, this benefit for civilian employees is not to exceed seventy five percent (75%) of the total premium or seven hundred fifty dollars ($750), whichever is less. (See the Retiree Health Benefits Information Guide (RHBIG) dated January 2006.) The City agrees not to 508
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change the terms and conditions of retiree health benefits contained in the RHBIG without meeting and conferring with the Association.

If, during the term of this agreement, any other recognized employee organization, which is comprised of civilian employees, is provided an enhanced medical after retirement benefit, the civilian employees assigned to the Association shall receive the same enhancement at the same time, in the same manner and at the same cost as the benefit was provided to that recognized employee organization.

10.2.3 Sworn and Civilian Employees first hired on or after July 1, 2018

10.2.3.1 Employees first hired after June 30, 2018, shall receive the following Medical After Retirement Benefits based on regular years of service with the City.

The City’s maximum monthly medical contribution for each eligible retiree shall be equal to the minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA). Rehired employees will fall under the medical retirement tier based on original date of hire.

The following contrbutions shall be made to the employees Retiree Health Savings Account (RHS).

After accruing ten (10) continuous years of service with the City, and upon separation from the City, employees may draw from the City contribution in this account. Employees who terminate City service for reasons other than retirement or layoff prior to ten (10) years of continuous service with the City will forfeit any City contribution. • From zero (0) to five (5) years of service, employees shall receive twenty-five ($25) per month in to be deposited to the employee’s RHS account 509
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• After completion of five (5) years of continuous service with the City, employees shall receive one hundred dollars ($100.00) per month to be deposited into their RHS account.
• After completion of ten (10) years of continuous service with the City, employees shall receive one hundred and fifty dollars ($150.00) per month to be deposited into their RHS account.
• After completion of twenty (20) years of continuous service with the City, employees shall receive two hundred dollars ($200.00) per month to be deposited into their RHS account.

10.2.3.1.1 Sworn employees first hired after June 30, 2018, may have prior years of qualifying service included in their City years of service if they previously worked in a sworn capacity with a POST participating agency. Prior years of service must be verified by submitting a copy of POST Profile. Additional documentation may be requested if necessary.

10.2.4 Rehired employees
Rehired employees will fall under the medical retirement tier based on original date of hire.

10.3 Contribution to Unfunded Liability
Employees shall contribute ten dollars ($10) per month to be used to reduce the unfunded liability for retiree medical.

10.4 ICMA VantageCare
The City shall provide a VantageCare retiree health savings account with ICMA for all employees.

The account shall be solely for the bargaining unit and shall allow for employer and employee contributions to the plan. The City shall contribute fifteen dollars ($15) per pay period on behalf 510
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01/01/2024 – 12/31/2024

of each employee hired prior to July 1, 2018, to the VantageCare plan. The Association may set or adjust the employee contribution amount annually by November 15, to be effective the first pay period in February of the following year. City contributions shall immediately vest to the employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment per the requirements of the plan.

10.5 State Disability Insurance
Sworn members of the Association are not in the State Disability Insurance Program. The civilian members of the Association may be removed from the State Disability Insurance Program at the discretion of the Association.

11. Employment Probation

11.1. Probationary Period – Sworn Employees
Sworn employees who possess a POST Basic Certificate upon hire shall receive a probationary period of twelve (12) months. All other sworn employees shall receive a probationary period of eighteen (18) months.

11.2. Probationary Period - Civilian Employees
The probationary period for all civilian employees covered by this agreement shall be twelve (12) months for all new employees.

11.3. Probationary Period - Promotions
All promotions shall be subject to a six (6) month probationary period. During this type of probationary period, employees will continue to be considered regular employees, will accrue seniority, and shall be protected in discharge procedures as other regular employees. If the employee is not recommended for permanent status in such position, they shall be entitled to return to the position from which they were promoted provided they held permanent status in 511
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01/01/2024 – 12/31/2024

such position and a vacancy exists or one will be created as the result of another employee being promoted. If the employee was not accorded permanent status for any reason other than the inability to perform the duties of the new position, they shall not be entitled to be restored to the position from which they were promoted.

12. Light/Limited Duty

12.1. When, due to injury or illness, whether or not the injury or illness is work related, an employee is unable to perform their usual duties, the employee may work in a light/limited duty capacity if such work is available in the Department.

12.2. An employee may work light/limited duty only upon authorization of the employee's attending physician, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity nor is a hazard created for other employees.

12.3. If light/limited duty is available, and the employee is cleared by an attending physician to perform such work, they shall accept light/limited duty. As much as possible, every reasonable effort will be made to allow the employee to work light/limited duty on the same shift to which they are assigned for a period of one (1) week. Following the one (1) week period, light/limited duty assignments will be made in accordance with the best interests of the Department.

13. Performance Evaluation

13.1 The Department shall prepare a performance evaluation for each employee at least every six (6) months during the probationary period. The employee performance evaluation on probationary 512
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employees shall be submitted by the Department to the Human Resources Division. Unless the Department extends the probationary period or takes action to separate the employee during their probationary period, the probationer shall acquire regular status at the end of the probationary period.

13.2. After the probationary period, the Department shall prepare a performance evaluation for each employee at least every twelve (12) months based on the prior calendar years’ performance.

Annual regular employee performance evaluations shall be submitted by the Department to the Human Resources Division.

13.3. Regular employees in the top step of their salary range shall receive a performance evaluation prior to their annual evaluation date.

13.4. No performance evaluation shall be transmitted to the City's personnel files until the employee has reviewed or been given the opportunity to review the evaluation with the rating supervisor, and if requested by the employee, such employee has reviewed or been given the opportunity to review the evaluation personally with the Chief of Police or Director of Community Development, as appropriate. The employee has the right to read, sign, and file a written response to both favorable and unfavorable entries. Signing is not an admission by the employee of the truth of such entries, but rather only an acknowledgment of notification. An employee's written response, if any, shall be attached to and become a permanent part of the employee's evaluation and shall be transmitted to the City's personnel files. The performance evaluation is not subject to appeal through the grievance and/or disciplinary appeal procedures. All employees, however, have a right to meet with the Assistant City Manager to address concerns about their performance evaluation.
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14. Sick Leave

14.1. Sick Leave
Sick leave is defined as the absence from duty by an employee because of:

14.1.1. Their own illness or injury or exposure to a contagious disease which incapacitates such employee from performing their duties.

14.1.2. Their own medical and dental appointments if not able to schedule during off duty hours.

14.1.3. Attendance upon a member of their family because of illness, injury, or exposure uto contagious disease and when the attendance of such employee is definitely required.

14.1.4. As used in this Section, "family" means husband, wife, domestic partner, child, brother, sister, parents, mother-in-law, father-in-law, or grandparents. “Child” is defined as a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing “in loco parentis” (refers to a person who has put themself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption.)

14.1.5. The Chief of Police or Director of Community Development, as appropriate, may request a doctor's certificate as proof of necessity for absence in excess of three (3) days in order for sick leave with pay to be granted. The parties agree that such means shall not be used to 514
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harass or intimidate employees or discourage appropriate use of sick leave. If a pattern has been established where an employee has taken sick leave on certain days of the week (e.g., holidays, last day of the workweek) a doctor’s note may be requested.

14.2. Sick Leave Accural

14.2.1. Employees shall be entitled to sick leave with pay which shall accrue at the rate of eight (8) hours for each month of service commencing with the date of employment. For purposes of sick leave accrual, employees hired on or before the fifteenth (15th) day of a month shall be credited with one (1) day sick leave for that month. Employees hired after the fifteenth (15th) day of a month shall have sick leave credited to them beginning the first (1st) day of the following month.

14.2.2. Upon retirement, layoff, or death, up to one-half (.5) of the value of an employee's accumulated sick leave will be paid to the employee at their separation rate of pay.

Employees who retire have the option to choose between a cash-out of up to one-half (.5) of their unused sick leave at their separation rate of pay, with the remaining balance reported to CalPERS as service credit; in lieu of any cash-out, up to one hundred percent (100%) of unused sick leave will be reported to CalPERS as service credit.

14.3. Sick Leave, State Disability Compensation, and Workers' Compensation

14.3.1. Civilian employees’ sick leave will be supplementary to Workers' Compensation or State Disability Compensation benefits and will be paid so that at no time will sick leave and worker's compensation or State Disability Compensation payments combined exceed one 515
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hundred percent (100%) of the employee's average earnings for the standard workweek preceding disability.

15. Vacations

15.1. Vacation Accural

15.1.1 Starting with the first year of employment, employees shall be entitled to ten (10) days or eighty (80) hours of vacation leave with pay. Such vacation leave shall accrue at the rate of ten (10) days or eighty (80) hours per year until such employee has been employed up to five (5) consecutive years.

15.1.2. Employees who have served continuously for five (5) years shall be entitled to fifteen (15) days or one hundred twenty (120) hours of vacation leave with pay per year up to ten (10) years.

15.1.3. Employees who have served continuously for ten (10) years shall be entitled to twenty (20) days or one hundred sixty (160) hours of vacation leave with pay per year up to twenty (20) years.

15.1.4. Employees have served continuously for twenty (20) years or more shall be entitled to twenty-five (25) days or two hundred (200) hours of vacation leave with pay per year.

15.1.5. 516
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A maximum of two hundred forty (240) hours of unused, vested time may be accumulated by an employee. If an employee has twenty (20) or more years of service, the maximum accrual is three hundred (300) hours.

15.1.6. Sworn employees may have prior years of qualifying years of service included in their City years of service if they previously worked in a sworn capacity with a POST participating agency, in determining their vacation accrual tier. Prior years of service must be verified by submitting a copy of POST Profile. Additional documentation may be requested if necessary.

15.2. Vacation Scheduling

15.2.1. Vacations may be taken as vacation hours are accrued, subject to approval by the Chief of Police or Director of Community Development, as appropriate.

15.2.2. The time for and scheduling of vacations shall be subject to approval by the Chief of Police or Director of Community Development, as appropriate, and coordinated by the Department with other employees.

15.2.3. When an employee has submitted a written request for vacation at least thirty (30) days in advance of the dates requested, said request shall not be unreasonably denied and, if approved, shall only be rescinded to meet unanticipated departmental needs of an emergency nature.

15.3. Vacation Pay Upon Termination
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Upon leaving employment, an employee shall be cashed out of their accrued vacation at their separation rate of pay.

15.4 Vacation Sell Back
Annually through December 31, 2024, eligible employees will have the opportunity to sell back unused accrued vacation hours. To be eligible for the vacation sell back program, the employee must use a minimum of 40 hours of accrued leave time (not including sick leave or paid holidays) in the calendar year and submit a request form by December of that calendar year, which will be paid in January of the following year. Eligible employees may sell back up to 80 hours of accrued vacation time in the second pay period of January each calendar year. The decision by an employee to cash out vacation hours is irrevocable. The hours shall be converted to a dollar amount based on the employee’s regular rate of pay at the time of buy back.

16. Holidays

16.1. City Holidays
Employees will earn one-hundred and twelve (112) hours of holiday time per calendar year (the twelve (12) listed holidays in Section 17.1.1 plus two (2) floating holidays) to be used as time off.

Holiday time can be taken at any time after it is earned (the pay period in which the holiday occurs or July 1 for floating holidays).

Upon retirement, employees are entitled to cash out all unused holiday time at their separation rate of pay. Upon resignation, layoff or lawful termination, employees are not entitled to any payout for unused holiday time (no cash out).

16.1.1. City Holidays

1. New Year's Day (January 1)

2. Martin Luther King, Jr.'s Birthday (third Monday in January) 518
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3. Presidents’ Day (third Monday in February)

4. Cesar Chavez Day (March 31)

5. Memorial Day (last Monday in May)

6. Juneteenth (June 19)

7. Independence Day (July 4)

8. Labor Day (first Monday in September)

9. Veteran's Day (November 11)

10. Thanksgiving Day (last Thursday in November)

11. Day After Thanksgiving (last Friday in November)

12. Christmas Day (December 25)

16.1.2. Employees shall be entitled to use four (4), four and one-half (4.5), five (5) or six (6) hours1 floating holiday time either on Christmas Eve or New Year's Eve, subject to scheduling constraints on the Department. If any employee chooses not to exercise this option or schedule constraints preclude it, the employee shall retain the leave time to be used within this fiscal year.

16.1.3. When any of the above holidays fall on a Sunday, the Monday following shall be observed as a holiday. When any of the above holidays fall on a Saturday, the preceding Friday shall be 1 Entitled to take one-half of their shift, depending upon employee’s regular workday of 8, 9, 10 or 12 hours. 519
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observed as the holiday. An observed holiday must be in the calendar year that the holiday occurs.

16.1.4. Public offices of the City shall be closed on the holidays identified in this Section, and shall not necessarily be closed on the State holidays as provided in California Government Code Sections 6700 to 6702.

16.2. Floating Holidays

16.2.1. Floating holidays are accrued on a fiscal year basis. An employee appointed during the period from July 1 through December 31 shall be entitled to two (2) floating holidays (sixteen (16) hours) for that fiscal year. An employee appointed during the period from January 1 through March 31 shall be entitled to one (1) floating holiday (eight (8) hours) for the remainder of the fiscal year. An employee appointed during the period from April 1 through June 30 shall not be entitled to any floating holidays for that fiscal year, but shall earn two (2) floating holidays (sixteen (16) hours) at the start of the next fiscal year (July 1). Upon separation, employees are entitled to payout for any unused floating holiday time.

16.3. Employees Eligible for Holiday Pay

16.3.1. Employees shall be eligible for holiday pay at their regular rate of pay.

16.4. Compensation for Work on Holidays

16.4.1. 520
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If an employee is required to work on a day being observed as a City holiday, the employee shall be paid overtime compensation at the rate of time and one-half (1.5) their regular rate of pay plus retain the holiday hours to be used.

16.4.2. If a holiday occurs during the time an employee is on an excused absence without pay, the employee shall not be entitled to receive pay for the holiday.

16.4.3. When any of the above holidays fall during a regularly scheduled paid leave period, or the employee is on sick leave, the employee will receive holiday time in lieu of being charged the appropriate leave time.

16.4.4. Should a holiday be observed on an employee's regularly scheduled day off, the employee shall be compensated for eight (8) hours work at their regular rate of pay or may retain the holiday hours to be taken at a later time within the same fiscal year at the employee's choice.

17. Maternity and Paternity Leave
Please see Section 4.5.6 of the City’s Personnel Rules. The City agrees that the terms and conditions of the Maternity and Paternity Leave contained in this Section of the Personnel Rules shall not be changed without meeting and conferring with the Association.

18. Family and Medical Leave
Please see Section 4.5.10 of the City’s Personnel Rules. The City agrees that the terms and conditions of the Family and Medical Leave contained in this Section of the Personnel Rules shall not be changed without meeting and conferring with the Association. 521
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19. Bereavement and Reproductive Loss Leave
Please see Section 4.5.8 of the City’s Personnel Rules. The City agrees that the terms and conditions of the Bereavement and Reproductive Loss Leave contained in this Section of the Personnel Rules shall not be changed without meeting and conferring with the Association.

20. Layoffs

20.1 Layoffs
When the City determines that a reduction in staff is necessary, the City shall select the employee(s) to be laid off within that classification. Within the selected classification(s), seniority as defined in Section 1.4.2. shall govern the order of layoff, with the least senior employee being laid off first.

20.2 Bumping Rights
An employee subject to layoff may bump an employee in a previously held lower classification, if that employee has less seniority than the laid off employee. An employee exercising their bumping rights shall notify the department head or designee within seven (7) days after receiving the layoff notification.

20.3 Layoff Notification
When the City determines that layoffs are to occur, the Department should give as much notice as possible, but no less than thirty (30) calendar days written notice of the layoff.

20.4 Reemployment
An employee laid off shall be reinstated in the reverse order of layoffs for a period of one (1) year from the date of their layoff. Employees shall have seven (7) calendar days to respond in writing to offers of reemployment. If the employee fails to respond to two (2) separate offers of reemployment they shall be deemed to have waived their right to reinstatement. 522
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21. Training
The Department recognizes the value of continued training in obtaining the goals of professionalism in the Department and reducing the liability to the City and will make every effort to provide training to employees in the bargaining unit.

22. Grievance Procedure

22.1. Purpose
The purpose of this procedure is to provide for an orderly process for reviewing and resolving employee grievances at the lowest possible administrative level in the shortest possible time.

22.2. Definition of Grievance
A grievance is a complaint of one or a group of employees or a dispute between the City and the Association involving the interpretation, application, or enforcement of the express terms of the MOU or any applicable rules or regulations.

Discharge, suspension, demotion, and/or other disciplinary actions of an employee shall not be subject to the grievance procedure pursuant to this Section. Those matters shall be governed by the disciplinary procedures set forth in the MOU.

22.3. Formal Grievance Procedure

22.3.1. Level I
Within thirty (30) days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have had knowledge of such event, the grievant shall file a formal written grievance. Within fifteen (15) days of the receipt of the written grievance, the Chief of Police or Director of Community Development, as appropriate, shall investigate the grievance which may include a meeting with the concerned parties and give a written answer to the grievant.
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22.3.2. Level II
If the grievant is not satisfied with the written answer from the Chief of Police or Director of Community Development, as appropriate, the grievant may, within five (5) days of such answer, file a written appeal to the City Manager. Within twenty (20) days of the receipt of the written appeal, the City Manager shall investigate the grievance which may include a meeting with the concerned parties and thereafter give a written answer to the grievant, which answer shall be final and binding unless appealed. The City Manager may affirm, modify, reverse, or otherwise resolve the decision appealed.

22.3.3. Level III
If the grievant is not satisfied by the decision made by the City Manager, they may within fifteen (15) days of the receipt of the response from the City Manager request a hearing before an arbitrator. The hearing before the arbitrator shall be heard whenever possible within thirty (30) days of receipt of the request by the City Manager. The grievant shall be sent notice of the date of the hearing at least fifteen (15) days prior to the hearing.

Grievance arbitrations shall be conducted according to the rules of arbitration for disciplinary matters as defined in the Personnel Rules, including selection of the arbitrator and rules of procedure.

22.3.4. Level IV
The arbitrator shall conduct a hearing and shall either issue an oral bench decision, or shall within thirty (30) days of conclusion of the hearing, render a written decision and/or order.

Any decision and/or order of the arbitrator shall be final and binding.

22.4 Automatic Advances
If, at any step in the grievance procedure, it is determined that the designated person who is to respond to the grievance does not have the authority to resolve the issue presented, the 524
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grievance automatically advances to the next line of authority as designated in the grievance procedure who does have the authority to respond.

22.5. Costs of Grievance Arbitration
The cost of the arbitration, including the arbitrator's fee, shall be shared equally by the employee and the City.

22.6. Time Limits
Time limits are considered an integral and important part of the grievance procedure and may not be waived except by mutual written consent of the parties. In the event that a grievant fails to carry their grievance forward within a prescribed time period, the grievance shall be considered settled without precedent based upon the decision rendered at the most recent step utilized and any right to pursue the grievance further shall be deemed waived and abandoned.

If a supervisor or manager fails to respond with an answer to a grievant within a given time period, the grievant may proceed to the next higher level of the grievance procedure.

23. Disciplinary Procedure

23.1. Purpose

23.1.1. To provide employee subject to disciplinary actions with all rights to which they are entitled under the Constitution of the United States, the Constitution of the State of California, and State and Federal Law.

23.1.2. To provide an orderly procedure for notice, pre-action response hearing, and a formal hearing on appeal after disciplinary action.
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23.1.3. To provide sworn employees with the opportunity for administrative appeal pursuant to the California Government Code section 3300, et seq.

23.1.4. To provide civilian employees with the opportunity for administrative appeal.

23.1.5. To correct deficiencies in employee performance and to assure improvement to meet job standards.

23.2. Employee Representation

23.2.1. Employees may have a representative present at all stages of the disciplinary process provided that the representative is not a party to the action.

23.3. Definitions

23.3.1. Non-Disciplinary Corrective Actions
Corrective measures of a non-disciplinary nature taken by the Chief of Police or Director of Community Development, as appropriate, or an immediate supervisor including counseling and training sessions, documented oral counseling sessions and oral reprimands.

23.3.2 Disciplinary Actions
Actions taken by the Department that could result in discharge, demotion, reduction in pay as a punitive action, suspension from duty without pay, written reprimand or transfer for the purposes of punishment.
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23.3.3. Response Meeting
An informal meeting in which the employee has the opportunity to respond to charges prior to action.

23.3.4. Hearing
A formal hearing held following an appeal of an employee of action taken by the Chief of Police or Director of Community Development, as appropriate.

23.3.5. Notice
Notice shall be given by personal delivery or by certified mail. If there is a refusal to accept certified mail, notice shall be deemed received on date of refusal.

23.4. Time Limits
Time limits specified throughout this procedure shall be strictly observed. Time limits may be modified only by mutual agreement of the parties in writing. Said time limits are mandatory, not discretionary.

23.5. Exclusive Procedure
This procedure shall be the exclusive procedure for appealing disciplinary actions against employees. For sworn employees, nothing in this section is intended to provide a lesser remedy than that which is available pursuant to the Peace Officer Bill of Rights.

23.6. Non-Disciplinary Corrective Actions
When the Chief of Police or Director of Community Development, as appropriate, determines more severe action is not necessary, they may orally or in writing communicate to the employee the deficiency or problem observed. The communications may be designated as counseling and training sessions, documented oral counseling sessions or oral reprimands. Although considered 527
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non-disciplinary in nature, a failure to correct identified deficiencies may lead to disciplinary action. The disciplinary action may reference any and all prior attempts of the supervisor or Chief of Police or Director of Community Development, as appropriate, to correct the employee’s deficiency.

23.6.1. Non-Disciplinary Corrective Actions are excluded from the appeal procedure for disciplinary actions.

23.7 Written Reprimands
A Written Reprimand may be issued by the Chief of Police or Director of Community Development, as appropriate, or, by an immediate supervisor.

23.7.1 A copy of the reprimand shall be placed in the employee's personnel file after the employee signs an acknowledgment of receipt and a copy is given to the employee. Failure to correct deficiencies and improve to meet standards may result in further discipline including suspension, reduction in pay, demotion, and discharge.

23.7.2. In the event that an employee is issued a written reprimand, the Department need not provide pre-disciplinary notice.

23.7.3. A written reprimand issued by a supervisor shall be appealable only to the Chief of Police or Director of Community Development, as appropriate. A written reprimand issued by the Chief of Police or Director of Community Development, as appropriate, shall be appealable only to the City Manager. The appeal shall be made in writing and provided to the 528
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appropriate party within ten (10) days of the receipt of the written reprimand. Appeal of written reprimands are excluded from the below appeal procedure for disciplinary actions.

23.8. Notice

23.8.1. The employee shall be given written notice of a proposed disciplinary action as herein defined, except written reprimand, seven (7) days in advance of the date of the response meeting.

23.8.2. An employee may be placed on administrative leave with pay or temporarily reassigned without loss of pay pending investigation regarding the facts giving rise to the potential need for discipline.

23.8.3. Prior to a disciplinary action, other than written reprimand, the City shall provide the employee with the following:
a. The reasons for the proposed action.
b. A copy of the charges and recommended action.
c. Notice that the employee is entitled to an opportunity to respond to the charges orally or in writing, or both, personally or with a representative which may be an attorney, at the meeting with the Chief of Police or Director of Community Development, as appropriate.
d. The date and the time of the response meeting with the Chief of Police or Director of Community Development, as appropriate, during which the employee and their 529
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representative shall have an opportunity to refute the charges or present facts which may not be known to management.
e. Notice that if the employee fails to participate in the response meeting, the Chief of Police or Director of Community Development, as appropriate, may proceed to order action and the employee shall be deemed to have waived all rights to hearing or appeal from any action taken.

23.8.4. The notice shall be accompanied by copies of all material on which the charges and recommendations are based. If the materials are too voluminous to copy easily or are confidential within the Public Records Act, the City shall provide a description of the materials and/or a reasonable opportunity will be given to inspect, summarize or make copies. a. The employee or authorized Association representative may copy and inspect their personnel file.
b. The employee or authorized Association representative may copy and inspect only the parts of other City records which the employee generated in their job, unless the Chief of Police or Director of Community Development, as appropriate, orders broader discovery.

23.9. Response Meeting

23.9.1. At the time and place set for the meeting giving employee opportunity to respond, the employee may respond orally and/or in writing, personally, or with a representative.

23.9.2. 530
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Neither the Chief of Police or Director of Community Development, as appropriate, nor the employee shall be entitled to call witnesses or take testimony.

23.9.3. At the meeting, the Chief of Police or Director of Community Development, as appropriate, may consider information contained in the charges and recommendations and other information, as well as information presented by the employee or his representative.

23.9.4. No new charges shall be introduced at the response meeting. If new information relating to new charges is proposed or, if a theory constituting a new ground or occurrence as basis for discipline is alleged, the employee shall be entitled to a reasonable continuance to copy materials and respond to these new matters.

23.9.5. At the conclusion of the response meeting or within seven (7) days, the Chief of Police or Director of Community Development, as appropriate, shall issue an order, taking or determining not to take the action, and shall give written notice thereof to the employee, along with an explanation of the basis of the action and notice of the employee's right to appeal.

23.10. Appeal

23.10.1. If an employee has requested and participated in a response meeting with the Chief of Police or Director of Community Development, as appropriate, as set forth above, the employee shall have the right to a hearing before an arbitrator as provided in this Section.

23.10.2. 531
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No employee shall be penalized in any way for availing themself of or participating in the appeal process.

23.10.3. Filing of an appeal shall not stay the effective date of the order of disciplinary action.

23.10.4. A written demand for an appeal and hearing must be served on the City Manager by the employee or their representative within ten (10) days of receipt of the Chief of Police's or Director of Community Development’s order of disciplinary action.

23.10.5. The failure to serve written demand for hearing within the prescribed period shall be deemed a waiver of the right to a hearing and the order of disciplinary action shall be final. Said failure constitutes a failure to exhaust administrative remedies.

23.10.6. The demand for hearing shall include:
a. Specific grounds for review.
b. Copies of materials on which appeal is based, or if too voluminous, references to materials in the custody of the City.

23.10.7. The City Manager shall within ten (10) days of receipt of the demand request a date for a hearing which shall be held as soon as possible after the date of the demand for hearing.

23.10.8. 532
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The City Manager shall notify the parties in writing of the time and place of the hearing at least fourteen (14) days prior to the hearing.

23.10.9. An appeal through this procedure is the exclusive remedy and no such action shall be processed through the grievance procedure under any agreement or memorandum between the City and any employee organization.

23.10.10. By three (3) days prior to the hearing, each party shall serve a list of witnesses and copies of all exhibits not previously provided on the other party. If additional witnesses or evidence are added after this date, the opposing party shall be entitled to reasonable continuance at the discretion of the arbitrator. If new allegations are brought out, the opposing party shall have the right to a reasonable continuance at the discretion of the arbitrator.

23.11 Hearing

23.11.1. The hearing shall be conducted as a full scale evidentiary hearing with full due process rights, including the rights to present witnesses, present evidence, cross examine opposing witnesses, the right to counsel and findings to support the decision.

23.11.2. The arbitrator will operate under the rules of proceedings developed by the City and the Association, unless such rules are in conflict with this Section, or the parties to this Agreement mutually agree to revise the rules of proceedings for cases falling under the jurisdiction of this agreement.

23.11.3. 533
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Within thirty (30) days of the conclusion of the hearing, the arbitrator shall render a written decision, which shall be provided to both parties. The decision of the Arbitrator shall be final.

23.12. Arbitrator Selection

23.12.1. The following procedure shall be used to select, notify, and schedule a hearing to be conducted by an impartial hearing officer under either the grievance procedure (Level IV or V) or the disciplinary appeals procedure for disciplinary actions.

23.12.2. An arbitrator may be mutually agreed upon by the two parties. If they fail to agree upon an arbitrator within ten (10) working days, the Division of Conciliation of the State of California Department of Industrial Relations shall be requested to submit a list of five (5) arbitrators, and from such the grievant and the City shall promptly select the arbitrator by the alternate striking of names commencing with the employee, from said list.

23.12.3. Upon receipt of the name of the selected hearing officer, the City Manager shall contact the arbitrator and arrange for the earliest hearing date available with regard to the schedules of the neutral and parties' advocates. Should the neutral's calendar preclude a hearing date within sixty (60) days, the City Manager may require the parties to strike names for a replacement hearing officer.

23.12.4. The cost of arbitration, including the arbitrator's fee and cost of a reporter, shall be shared equally by the employee and the City. If a transcript of the proceedings is requested, the party making such request shall pay the cost.
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23.13. Probationary Employee
Nothing in this Section shall create a right of appeal as to the discharge of a probationary employee.

24. No Strikes/No Lockout

24.1 No lockout of employees shall be instituted by the City during the terms of the MOU.

24.2 The Association agrees that during the terms of the MOU neither it nor its officers, employees, or members will engage in, encourage, sanction, or suggest a strike, work stoppage, slow down, mass resignation, sick out, strike picketing, or other concerted activities or actions tending to disrupt City services or involve suspension or substantial interference with the normal work of the City.

24.3 In the event that Association members participate in such activities in violation of Section 24.2, the Association shall notify those members so engaged to cease and desist from such activity and shall instruct the members to return to their normal duties.

24.4 In the event that the Association, its representative, or any member of its executive board engages in, encourages, sanctions, or suggests any of the actions set forth in Section 25.2, the City reserves the right to take whatever action is deemed necessary and legal.

25. General Provision
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25.1. Integration
This MOU constitutes the entire agreement between the parties and concludes meeting and conferring on any subject, except as provided herein, or as otherwise mutually agreed upon, whether included in the MOU or not.

25.2 Prior Agreements
It is agreed that the terms and conditions of the MOU itself shall constitute the whole of the agreement between the parties thereto, and that the terms and conditions of this MOU shall supersede all earlier proposals, conversations, practices or oral or written agreements constituting any portion of the meet and confer process or other discussion leading up to this MOU.

25.3. Other Matters
The parties agree that no agreement was reached on other matters discussed and that the City is not obligated to make any changes or take any action regarding them. The City reserves the right to make organizational changes with notice to the Association.

25.4. Alteration
No alteration or variation of the terms of this Agreement shall be valid unless make in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

25.5. Severability
If any provision of the MOU is determined to be invalid by operation of law, or by any tribunal of competent jurisdiction or, if compliance with or enforcement of such provision is restrained by any tribunal, the remainder of this MOU shall not be affected thereby. If any portion of this MOU is so held to be invalid, or if compliance with any provision is restrained, the City is authorized to 536
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take immediate action to achieve compliance with the laws, provided that the City shall give notice to the Association prior to such action and the City shall provide the Association with an opportunity to meet and confer within thirty (30) days after any determination of invalidity or service of a restraining order, for the purpose of arriving at a mutually satisfactory replacement for such article or section.

25.6. Implementation
The City Council will amend its written policy and take such other action by resolution or otherwise as may be necessary in order to give full force and effect to the provisions of this MOU.

The provisions of the MOU, except as provided herein, shall be superseded by City ordinances and resolutions currently in effect for the term of this MOU to the extent that they are inconsistent with the provisions of the MOU.

25.7. Term
Except as set forth in this document, the MOU shall become effective January 1, 2024, following ratification by the Association and adoption by the City Council and shall remain in full force and effect to and including December 31, 2024. The parties agree to begin bargaining for a successor MOU by October 31, 2024.

25.8 Waiver
The waiver by the City or any of its officers or employees or the failure of the City or any of its officers or employees to take action with respect to, any right conferred by, or any breach of any term, covenant, or condition of this agreement shall not be deemed to be a waiver of such a term, covenant, or condition or subsequent breach of the same, or of any other term, covenant, or condition of this agreement.

25.9. Meetings
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During the term of this agreement the City agrees to meet with the representatives of the Association at least bi-annually to discuss areas of mutual concern.

Dated: ____________________________
Martha Guerrero, Mayor
City of West Sacramento
Robert Brazier, President
West Sacramento Police Officers’
Association
Jeff Carter, Labor Consultant
Mastagni Law
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MEMORANDUM
OF

UNDERSTANDING

BETWEEN

THE CITY OF WEST SACRAMENTO
AND

THE WEST SACRAMENTO POLICE OFFICERS ASSOCIATION
Effective January 1, 2022 2024 through December 31, 20232024 540

TABLE OF CONTENTS

1.Recitals............................................................................................................1

2.Association Rights ...........................................................................................3

3.Management Rights ........................................................................................8

4.Hours and Work Schedule...............................................................................10

5.Wages .............................................................................................................14

6.Specialty Pays .................................................................................................25

7.Uniforms ..........................................................................................................30

8.Education and POST Incentives......................................................................31

9.CalPERS Retirement.......................................................................................36

10.Health and Welfare Benefits..........................................................................38

11.Employment Probation ..................................................................................44

12.Light/Limited Duty..........................................................................................45

13.Performance Evaluation ................................................................................46

14.Sick Leave .....................................................................................................47

15.Vacations.......................................................................................................49

16.Holidays.........................................................................................................52

17.Maternity and Paternity Leave.......................................................................55

18.Family and Medical Leave.............................................................................55

19.Bereavement Leave ......................................................................................55

20.Layoffs ...........................................................................................................55

21.Training..........................................................................................................56

22.Grievance Procedure.....................................................................................56

23.Disciplinary Procedure...................................................................................59

24. No Strikes/No Lockout..................................................................................69

25.General Provision ..........................................................................................69 541
f

1. Recitals

1.1. Parties
This Memorandum of Understanding (“MOU” or “Agreement”) is entered into by and between the City of West Sacramento (“the City”) and the West Sacramento Police Officers’ Association (“the Association”).

1.2. Recognition
The City recognizes the Association as the sole and exclusive bargaining representative for all fulltime employees of the City who are in the classifications of Police Officer, Police Sergeant, Crime Scene Investigator I/II/III, Code Enforcement Officer I/II/Senior, Police Records Technician I/II/Senior, Property and Evidence Technician I/II and Community Services Officer I/II/Senior, Police Services Coordinator.

1.3. Definitions

1.3.1 Chief of Police
The Chief of Police or designee.

1.3.2 City Manager
The City Manager or designee.

1.3.3 Day(s)
A day is defined as the twenty-four (24) hours period commencing at 12:01 a.m. All references to days shall mean calendar days, unless otherwise noted.

1.3.4 Department
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Department shall mean the Police Department or Community Development Department unless otherwise noted.

1.3.5 Director of Community Development
The Director of Community Development or designee.

1.3.6 Employee
Employee shall mean an employee in the bargaining unit represented by the Association.

1.3.6.1 Sworn Employee
Sworn employee shall mean an employee in the classification of Police Sergeant and Police Officer. These terms (Police Sergeant, Police Officer and sworn employees) shall mean Peace Officers as defined by the California Penal Code, Section 830, et seq.

1.3.6.2 Civilian Employee
Civilian employee shall mean an employee in the classification of Crime Scene Investigator I/II/III, Code Enforcement Officer I/II/Senior, Police Records Technician I/II/Senior, Property and Evidence Technician I/II, Community Services Officer I/II/Senior, Police Services Coordinator, Youth Counselor, Crime Analyst I/II/Senior.

1.3.7 Regular Hours
The time assigned to work, including paid time off, but not including overtime.

1.3.8 Workweek
Unless otherwise noted, the workweek is defined as commencing at 12:01 a.m. Saturday and ending at midnight the following Friday.
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1.4. Seniority

1.4.1. For purposes of determining seniority within the Department in making a determination on issues where seniority controls according to the MOU, the following seniority system is established.

1.4.2. Seniority, within the Police Department, shall be defined as time in classification plus higher classification. Higher classification shall be determined by the top step hourly rate of pay in the affected classifications.

Sworn employees hired on the same date shall be granted seniority according to their ranking on the eligibility list. If the ranking of two or more sworn employees hired on the same date is the same, seniority shall be in order of the individual's total time as a full-time peace officer in the State of California. If the ranking of two or more sworn employees hired on the same date is the same and their total time as full-time peace officers in the State of California is the same, then seniority shall be determined by lot.

Civilian employees hired on the same date shall be granted seniority according to their ranking on the eligibility list. If the ranking of two or more civilian employees hired on the same date is the same, seniority shall be determined by lot.

2. Association Rights
Agency Shop
Except as otherwise provided in this Section, employees shall become and remain members of the Association or shall pay a fair share fee to the Association. 544
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2.1.1 Implementation
All employees subject to the MOU must join the Association, pay a fair share fee to the Association or execute a written declaration claiming a religious or personal exemption from this requirement. Any employee hired by the City, subject to the MOU, shall be provided with a notice advising that the City has entered into an Agency Shop agreement with the Association by the Human Resources Division. The notice shall include a form for the employee’s signature authorizing payroll deduction of the Association dues or a fair share fee.

An employee shall have ten (10) working days following the initial date of employment to fully execute the authorization form of their choice and return said form to the Human Resources Division.

The effective date of dues, service fee deductions or charitable contribution for an employee shall be the beginning of the first pay period inclusive of the date on which the City’s Human Resources Division receives the signed authorization form. The employee’s earnings must be sufficient, after other legal and required deductions are made, to cover the amount of the dues or authorized fees.

When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings.

In the case of an employee who is in a non-pay status during only part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.

All other legal and required deductions have priority over the Association dues and fair share fees.

2.1.2 Religious or Personal Exemption
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Any employee of the City, subject to the MOU, who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization or who holds long standing personal beliefs regarding participation in any labor organization shall be permitted upon presentation of verification of active membership in such religion, body or sect, or personal affidavit, to make a charitable contribution equal to the fair share fee in-lieu of the Association membership or fair share fee payment.

Declarations of, or applications for, religious or personal exemption and any supporting documentation shall be forwarded to the Association within ten (10) working days of receipt by the City. The Association shall have ten (10) working days after receipt of a request for religious exemption to challenge any exemption granted by the City Manager.

If challenged, the deduction to the charity of the employee’s choice shall commence but shall be held in escrow pending resolution of the challenge.

Charitable deduction shall only be by regular payroll deduction.

2.1..3 Payroll Deductions and Payment
The City shall deduct the Association dues, initiation fees, assessments and association provided insurance from each pay check or fair share fees from employee’s pay in conformance with State and City regulations. The City shall promptly pay to the designated payee all deducted sums. The City shall provide annually on the pay period inclusive of March 1, a list of all persons making charitable deductions pursuant to a religious or personal exemption as described herein.

The employees shall pay a sum equal to the agency fee described above to one of the following three non-religious, non-labor, charitable funds that are exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code: National Law Enforcement Memorial Fund, California Police Officer’s Memorial Foundation, or Concerns of Police Survivors.

2.2.1.4 Hold Harmless
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The Association shall indemnify and hold harmless the City, its officers and employees from any and all claims, demands, suits, or any other action arising from the collection of duesAgency Shop provision contained in the MOU. In no event shall the City be required to pay Association dues, initiation fees, assessments and association provided insurance from its own funds the Association dues, fair share fees or charitable contributions which an employee was obligated to pay, but failed to pay, regardless of the reasons.

2.1.5 Suspension of Agency Fees
For the duration of any strike sanctioned, called, or supported by the Association, the City may suspend collection of Association dues, fair share fees or charitable contributions without damage to the employee.

2.1.6 Waiver of Election for Newly-Represented Employees The addition of classifications and/or employees into the unit represented by the Association pursuant to the MOU shall not require an election for the application of the Agency Shop provision to the classification(s) and/or employee(s).

2.23. Association Release Time
The Association shall have a reasonable amount of release time for the conducting of official Association business. The release time may be used by designated Association representatives for purposes relating to labor negotiations, and employee/employer relation matters.

2.34. Use of Release Time
Use of Association release time is subject to reasonable advance requests. Release time will be coordinated with the Division Commander. Approval of the release time must be received before the employee uses the time. The Department shall reasonably grant or deny the release time based upon the legitimate operating needs.
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2.45. Association Time Bank
An Association Time Bank (ATB) is established for the purpose of allowing Association members to request paid time off for Association business, including participating in Association sponsored training, conferences and workshops. Any request of ATB shall require the approval of the Association President prior to submission.

ATB requests shall follow the same policy for approval as vacation time. ATB time requests shall be approved unless staffing is required on an overtime basis in order for the request to be approved. The Chief reserves the right to approve ATB requests which incur overtime costs. ATB shall not supersede previously approved vacation requests of other Association personnel.

During the first full pay period that begins in January of each year, each employee covered by this Agreement shall contribute one-half (.5) hour of vacation leave to the ATB. The Association can adjust the ATB contribution, up to a five (5) hour maximum, on an annual basis. The Association shall notify the City by October 1, of any change in ATB contributions.

This time, if not utilized by the Association within the year it is contributed, shall not be returned to the contributing members nor shall this time be subject to cashout, but shall be rolled over to the next year’s ATB. This time shall become the property of the Association and shall be banked.

Contributions to the ATB shall be done on an hour for hour basis.

The City shall provide the Association the ATB time balance annually on February 1.

2.56. Meetings
The Association shall have the right to reasonable use of City facilities for meetings upon timely written or oral application stating the purpose of the use. The use shall not interfere with the regular course of doing business. The City reserves the right to condition the use on payment of appropriate charges to offset the costs of the use of the facilities. 548
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

2.67. Communications

2.67.1. Bulletin Boards
The Association shall have the right to install bulletin boards for the Association's exclusive use. All material shall be posted upon the bulletin board and not upon walls, doors, file cabinets, or any other place. Posted materials shall not be obscene, defamatory, or of a partisan political nature, misleading, violative of any federal, state, or local ordinance, law, statute, or rule. The material shall not pertain to public issues which do not involve the City and its relations with employees. All posted material shall be neatly displayed. The City reserves the right to determine where bulletin boards may be used. Should the Association not abide by these rules, the Association may forfeit its right to have a bulletin board.

2.76.2. Inter/Intra Departmental Mail System
The City agrees to allow limited use of the City's inter/intra departmental mail system to the Association. The use shall not include material unsuitable for posting under Section 2.67.1.

3. Management Rights
Except as otherwise limited by a specific term of this agreement, the City has and retains the sole and exclusive rights and functions of management, including, but not limited to, the following:

To determine the nature and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.

To manage all facilities and operations of the City including the methods, means, and personnel by which the City operations are to be conducted.

To direct the work force, including the right to hire, assign, promote, demote, or transfer an employee.

To determine the location of all work assignments and facilities. 549
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To determine processes, techniques, methods, and means of all operations, including changes, allocations, or adjustments of any machinery or equipment.

To determine the size and composition of the work force.

To determine policy and procedures affecting the selection or training of employees.

To establish, assess, and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment.

To control and determine the use and location of City employees, property, material, machinery, or equipment.

To schedule the operation of and to determine the number of shifts.

To determine the hours of operation.

To determine and enforce safety, health, and property protection measures and require adherence thereto.

To transfer work from one job site to another or from one location or unit to another.

To introduce new, improved, or different methods of operations, or change existing methods.

To layoff employees from duty for lack of work, lack of funds, or any other reason.

To reprimand, suspend, discharge, or otherwise discipline employees.

To discharge probationary employees without right to appeal.

To establish, modify, determine, or eliminate job classifications and allocate City positions to such classifications.
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To promulgate, modify, and enforce work rules, safety rules, and regulations.

To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.

To contract or subcontract services, maintenance, distribution, or any other work with outside public or private entities.

No arbitrator shall have the authority to diminish any of the Management Rights included in this Section.

Any agreement by the City to meet and confer, or meet and consult over the effect of exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights.

4. Hours and Work Schedule

4.1. Standard Workday
The standard workday shall be from eight (8) to twelve and one-half (12.5) hours of work performed, not including any unpaid non-work time, as determined by the Chief of Police or Director of Community Development. Except in exigent or emergency circumstances, prior to modifying the hours in the standard workday, the City will notice and meet and confer with the Association prior to implementation. All days off in a workweek will be consecutive.

4.1.1 An employee who attends approved training that is shorter than the duration of their regular workday may, at the employee’s discretion:
a) Return to work and finish the remainder of their work hours; 551
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b) Use CTO or vacation leave for the remainder of their work hours; c) Make up the owed work hours on another workday;
d) Make up the owed work hours on a regularly scheduled day off; or e) Any combination of the preceding so long as it occurs in the same fourteen (14) day pay period in which the training occurred.

For purposes of calculating the number of work hours that are owed to the City by the employee, the City will count any time required by the employee for homework and/or studying as a result of the training and travel time to and from the training site. Travel time shall be determined as originating and terminating at the police department.

Employees are responsible for tracking their own time spent in training and travel.

Employees shall notify their direct supervisor prior to the concluding of training regarding any hours owed.

Overtime shall not be paid for hours owed to the City under this Section 4.1.1 and shall be paid to the employee at the employee’s regular rate of pay.

4.2 Schedule Changes
The Chief of Police will provide at least fifteen (15) days advance notice before changing an employees’ regular shift unless exigent circumstances exist requiring less notice. Involuntary shift changes shall be done in reverse seniority order.

4.2.1 An employee may have their shift changed (or flexed) for training in the following circumstances:
a) The employee voluntarily agrees to the flexed schedule; b) The training is required as part of being accepted into a specialty assignment; or c) The training is for two (2) or more consecutive days. 552
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An employee may not be required to work more than five (5) days in a seven (7) day workweek (this does not include voluntary overtime) and must have a minimum of two (2) consecutive days off in each workweek.

An employee who is required to attend a training that lasts for one (1) day or less on their regular day off shall be paid overtime at the rate of time and one-half (1.5) their regular rate of pay.

4.3 Shift Exchange
Employees may be allowed to exchange shifts or portions thereof during the same payroll period with the approval of the employees’ Division Commander or supervisor. Shift exchanges may be granted when it does not interfere with established training schedules, the operation of the Department, the safety of employees, or other applicable laws. The shift exchange shall have no effect on the hours or rate of pay for any of the employees involved in the exchange.

4.3.1 Shift Bidding
Employees shall bid for shift, hours, and days off in order of seniority, beginning with the most senior employee. Shift bidding will be conducted annually in November, with implementation on the first full pay period in January.

Sergeants shall bid before police officers.

When a shift becomes vacant outside of the shift bid, a two-bump process shall be used. The most senior employee requesting the vacancy shall be allowed to move, thus creating a second vacancy which shall be filled with the next most senior employee requesting the shift.

If the department chooses to fill the vacancy created by the second move, it shall be filled with the least senior employee.

4.4 Rest and Meal Periods
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4.4.1 Sworn Employees
The time and duration of meal/rest periods for sworn employees shall be within the discretion of the Chief of Police and shall not exceed one (1) hour in total. Rest/meal periods for sworn employees shall be considered time worked. Meal/rest periods shall be scheduled in accordance with the requirements of the Department, and shall be taken at locations approved by the Chief of Police.

4.4.2 Civilian Employees
Civilian employees shall receive two (2) paid fifteen (15) minute rest periods and an unpaid meal period not to exceed one (1) hour. The Department will consider one-half (.5) hour meal periods within each work division using guidelines for approval listed below.

The exact time and duration of meal periods for civilian employees shall be within the discretion of the Chief of Police or Director of Community Development for Code Enforcement personnel. Rest and meal periods for civilian employees assigned to eight (8), nine (9), ten (10), or twelve (12) consecutive hours of work shall be considered time worked.

Rest periods shall be scheduled in accordance with the requirements of the Department. The Chief of Police or Director of Community Development, as appropriate, shall determine which employees will be assigned to work eight (8), nine (9), ten (10) or twelve (12) consecutive hours.

4.4.3 Guidelines for Approval of One-Half (.5) Hour Meal Periods The Chief of Police or Director of Community Development, as appropriate, shall use the following guidelines in determining if a sworn or civilian employee can have a one-half (.5) hour meal period:
 Work divisions which staff public counters will not disrupt or shorten their scheduled hours to the public;
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 Meal periods will be established by the appropriate supervisor;  Employees in small work divisions must be cross-trained in order to ensure the full range of division services are available; and,
 One-half (.5) hour meal periods shall be inclusive of any travel time to and from the worksite.

4.5. Overtime Meal Allowance
All employees working two (2) or more hours of overtime contiguous to their regular shift shall be provided either an additional one-half (.5) hour meal period or one-half (.5) hour of overtime if a meal period cannot be provided during the overtime worked.

5. Wages

5.1 Rates of Pay

5.1.1 Hourly Rate of Pay
The hourly rate of pay for all employees shall mean the employee’s current hourly rate without any additional pays.

5.1.2 Regular Rate of Pay
The regular rate of pay for all employees shall mean the employee’s current hourly rate of pay plus all differentials and incentives (including FTO/Records Trainer/Code Enforcement Officer Trainer, Longevity, Bi-lingual, Education, POST, Shift Differential, Medical in Lieu (opt out), Officer in Charge (OIC) and Police Liaison) for which the employee qualifies under this MOU.

5.1.3 Separation Rate of Pay
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The seperation rate of pay for all employees shall mean the employee’s current hourly rate of pay at time of separation plus the following incentives: FTO/Records Trainer/Code Enforcement Officer Trainer, Longevity, Bi-lingual, Education, POST, Officer in Charge (OIC) and Police Liaison, for which the employee qualifies under this MOU.

5.2 Salary and Equity Adjustments

5.2.1 Salary Adjustments

5.2.1.1 Effective the first payroll period after ratification and inclusive of approval by the City Council in January 2024:
 ,Sworn employees shall receive a general salary increase of tenthree percent (310.0%); and.
 Civilian employees shall receive a general salary increase of five percent (5.0%).

Effective the first pay period after ratification and approval by the City Council, the following classifications shall receive an equity adjustment as follows:

Position
Equity
Adjustment
Community Services Officer I 4.27%
Community Services Officer II 6.00%
Crime Analyst II 8.40%
Crime Scene Investigator I 2.00%
Crime Scene Investigator II 2.00%
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Crime Scene Investigator III 2.00%
Police Officer 2.00%
Police Records Technician II 3.47%
Police Sergeant 2.00%
Police Services Coordinator 7.71%
Retroactivity of 2022 GSI and Equity Adjustments: Effective the first pay period after ratification and approval by the City Council, employees will receive a one-time, nonPERSable lump sum, payment retroactive to January 1, 2022 which equates to three percent (3%) of annual base pay.

5.2.1.2 Effective pay period inclusive of January 1, 2023, employees shall receive a general salary increase of three percent (3.0%).

Effective pay period inclusive of January 1, 2023, the following classifications shall receive an equity adjustment as follows:

Position
Equity
Adjustment
Police Officer 1%
Police Sergeant 1%
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5.2.2 Salary Schedule

5.2.2.1 For Employees Hired Prior To July 1, 2018
For employees hired as a regular employee prior to July 1, 2018, the salary range consists of five (5) steps (A through E) with approximately 5% between each step (Appendix A).

When an employee hired prior to July 1, 2018, reaches the top step (E step) of the five step (5) salary range of their current classification, they will then be placed at the top step (I step) of the nine (9) step salary schedule.

5.2.2.2 For Employees Hired After June 30, 2018
For employees hired as a regular employee after June 30, 2018, the salary range consists of nine (9) steps (A through I) with approximately 2.5% between each step (Appendix A).

5.2.2.3 Once all employees hired prior to July 1, 2018, reach the top step of their current classification range, they will move to the top step of the nine (9) step salary schedule, and the five step (5) salary schedule will be eliminated.

Upon promotion or series adjustment, all employees will move to or remain on the nine (9) step salary schedule.

5.2.3 Signing and Retention Bonus Pay
Effective the payroll period after ratification and inclusive of approval by the City Council in January 2024, all employees will receive a one-time, non-PERSable lump sum signing bonus of three percent (3%) of annual base payone-thousand and five hundred dollars ($1,500).

Effective pay period inclusive of July December 1, 20232024, all employees will receive a onetime, non-PERSable lump sum retention bonus payment of three thousand dollars three percent (3%) of annual base pay($3,000).

5.2.4 Longevity
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5.2.4.1 Sworn Employees
Sworn Employees shall receive the following longevity increases:
 Two and one-half percent (2.5%) of their hourly rate of pay after a total of ten (10) years of service in a sworn capacity with a POST participating agency in the first full pay period after completion of ten (10) years is verified (i.e., beginning at the 11th year).  Additional two and one-half percent (2.5%) of their hourly rate of pay after a total of twelve (12) years of service in a sworn capacity with a POST participating agency in the first full pay period after completion of twelve (12) years is verified (i.e., beginning at the 13th year).
 Additional five percent (5%) of their hourly rate of pay after completing a total of fifteen (15) years of service (i.e., beginning of the 16th year) in a sworn capacity with a POST participating agency.
 The cumulative maximum longevity pay is ten percent (10%) after completion of the 15th year in a sworn capacity with a POST participating agency.  Prior years of qualifying service must be verified by submitting a copy of POST profile.

Additional documentation may be requested if necessary.

Effective dates of prior years of service will be applied to longevity pay on or after the payroll period after ratification and approval by the City Council and verification of POST profile submitted by employee.

5.2.4.1.1 Sworn Employees Who Were Previously Civilian Employees 559
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Sworn employees who previously held a classification defined as a civilian employee per section 1.3.6.2 shall have their years of service with the City as a regular employee count towards the years of service requirement for purposes of longevity under section 5.2.4.1.

5.2.4.2 Civilian employees
Civilian employees shall receive the following longevity increases:
 Two and one-half percent (2.5%) of their hourly rate of pay after ten (10) years of service with the City in the first full pay period after their ten (10) year anniversary date as a regular employee (i.e., beginning at the 11th year).
 An additional two and one-half percent (2.5%) of their hourly rate of pay after fifteen (15) years of service with the City in the first full pay period after their fifteen (15) year anniversary date as a regular employee.
 The maximum longevity pay is five percent (5%) after completion of the 15th year.

5.3. Overtime
It is the general policy of the City to avoid the necessity for overtime work whenever possible.

Overtime shall be held to a minimum consistent with the protection of lives and property of its citizens and the efficient operation of the City. Overtime work requires prior authorization by the Chief of Police or Director of Community Development, as appropriate.

5.4. Overtime Pay

5.4.1. Employees who work in excess of their standard workday, as defined in Section 4.1, shall be compensated for such overtime at the rate of time and one-half (1.5) their regular rate of 560
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

pay. Sick leave shall not count towards time worked in determining whether an employee has worked in excess of their standard workday. (This provision shall not apply to employees taking sick leave due to a worker’s compensation injury or illness.) An employee shall not be assigned mandatory overtime as a result of the use of sick leave.

5.4.2 Sworn Employees
Overtime may be taken in cash or in the form of compensatory time off. Compensatory time off shall not accrue in excess of one hundred forty (140) hours. Employees may use compensatory time off with the approval of the Chief of Police.

5.4.3 Civilian Employees
Overtime may be taken in cash or in the form of compensatory time off for eligible employees. Compensatory time off shall not accrue in excess of eighty (80) hours. Employees may use compensatory time off with the approval of the Chief of Police or Director of Community Development, as appropriate.

5.4.4. Upon termination from City service, all accumulated compensatory time off shall be paid to the employee at the employee’s current regular rate of pay.

5.4.5. At any time during the calendar year in which it is earned, prior to the last pay date of the calendar year, an employee may request in writing that a portion or all of the compensatory time off accrued be paid on the earliest possible payday. The payment is subject to the approval of the Chief of Police or Director of Community Development, as appropriate. An employee may only use or cash out compensatory time off during the calendar year in which it is earned. All accrued and unused compensatory time off balances will be cashed out on the last pay date of each calendar year so that the employee’s compensatory time off account 561
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is reduced to a zero balance. No unused compensatory time off hours may be carried over to a subsequent calendar year. No compensatory time off can be elected for overtime worked during the last pay period of the calendar year.

5.5. Call Back Pay
An employee who is called back to work after leaving their place of employment, following the completion of the employee’s work shift, shall be paid for a minimum of two (2) hours work at the rate of time and one-half (1.5) their regular rate of pay, even if the total hours worked that day do not exceed eight (8), nine (9), ten (10), or twelve (12) hours. The compensation shall be computed as work performed from the time of reporting on duty or at the place of work through the time of going off duty or until completion of work. This Section does not apply if the employee is being called back to complete work that should have been finished prior to the end of their shift. If this occurs, the employee will be paid for all actual hours worked. Further, this Section does not apply if an employee is called either at home or on their cell phone but is not required to come to work. If this occurs, the employee will be paid for all actual hours worked but not less than one-quarter hour (.25).

5.6. On-Call

5.6.1. Employees shall be paid four dollars ($4.00) per hour for all hours assigned to an on-call assignment.
a. Each Investigator and Crime Scene Investigator will be designated for seven (7) day assignments.
b. When called out, the Investigator or Crime Scene Investigator shall be under the functional supervision of the Shift Supervisor or OIC, unless the Investigation Supervisor is on scene.
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c. The decision to call out an Investigator or Crime Scene Investigator will rest with the Shift Supervisor or OIC. All personnel should comply with the directions given by the Field Supervisor. Any conflict of duty assignments will be brought to the Investigative Supervisor’s attention for review. Investigators and Crime Scene Investigators will address these conflicts in a constructive manner. All personnel will work together as a team to resolve the conflicts.
d. The Department will make every effort to assure that Investigators are assigned on-call no more than once every seven (7) weeks. In order to comply with this goal, the Department will make available an on-call list for non-investigative personnel to sign for occasional on-call or Crime Scene Investigator assignment.

This list will be used to fill in for vacations, workers’ compensation absences, or any other absences of regularly scheduled on-call personnel. The Department retains the right to determine if non-investigative personnel are qualified to act as on-call Investigators or Crime Scene Investigators. The Department will not, however, unreasonably withhold such authorization. On-call personnel will, of course, still be permitted to make changes to their on-call assignment among themselves with the permission of the Investigation Supervisor. e. On-call Investigators or Crime Scene Investigators are required to drive their City owned vehicle home and have them available at all times. The on-call Investigator or Crime Scene Investigator should be able to get to the scene of the investigation within forty five (45) minutes. When an Investigator or Crime Scene Investigator is on-call, they may utilize the vehicle for limited personal reasons provided the vehicle is not used to transport passengers or excess baggage. The on-call Investigator or Crime Scene Investigator may not consume any alcoholic beverage or engage in any other activities which would affect their ability to effectively respond and perform their duties as an Investigator or Crime Scene Investigator for the Department.
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f. All Investigative personnel shall be provided with cell phones. When not on-call, Investigative personnel are still required to answer or call back if they receive a call to let the Department know whether they are available. Investigative personnel not on-call will not be disciplined if unavailable for call-out. If, however, Investigative personnel are unavailable on a consistent basis when called, the Department reserves the right to transfer them to another division.

5.6.2. When an employee is on an on-call assignment, they shall be paid for a minimum of two (2) hours work at the rate of time and one and one half (1.5) their regular rate of pay when called out.

5.7. Court Time

5.7.1. Off-duty court time will be paid at the rate of time and one and one-half (1.5) their regular rate of pay with a minimum pay equivalent to four (4) hours worked. Any off duty time required to appear in court in excess of the four (4) hours in one (1) day shall be compensated at the rate of time and one and one-half (1.5) their regular rate of pay. This applies to hours that are non-contiguous to the employee’s regular duty hours.

5.7.2. Court overtime will be compensated during such times as the court is actually in session or the employee is required to meet with the District Attorney. If the employee is required to meet with, or obtain evidence or information for the District Attorney during the lunch break, or return to court after the lunch break, the lunch break shall be compensated as overtime.

5.7.3. 564
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Breaks in court testimony or the required court activities, and multiple subpoenas that cover either only morning or afternoon court sessions do not count as separate incidents for the purpose of minimum compensation within the same day. Multiple subpoenas where one subpoena covers a morning court session and the other subpoena covers an afternoon court session do count as separate incidents for the purpose of minimum compensation within the same day.

5.7.4. Any employee who is scheduled to appear in court on a regular day off, or prior to or after their assigned duty shift, and who is released from that appearance after 1800 hours on the day prior to the court appearance date, shall be compensated at rate of time and one and one-half (1.5) their regular rate of pay equivalent to two (2) hours worked, provided they made a reasonable effort to contact the Court Liaison before reporting to court. This compensation is for the on-call hours between 0830 and 1330 hours. Furthermore, this compensation is for the disruption of an employee’s off-duty time in the event the hearing is canceled, or postponed, on the date of the scheduled appearance. If the employee is required to appear in court, they shall receive a minimum of four (4) hours pay at time and one-half (1.5) their regular rate of pay.

5.7.5. Any employee who has been directed to appear in court, or before any other administrative hearing within two (2) hours of the start or ending of their regularly scheduled shift in response to a lawfully executed subpoena, or by order of a superior officer, shall receive two (2) hours of compensation at the rate of time and one-half (1.5) their regular rate of pay. This compensation is for the disruption of the employee’s off-duty time, response to the work site for evidence retrieval, and travel time to, and possibly from, the court site during nonscheduled work hours. 565
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5.8. Shift Differential

5.8.1. A civilian employee shall receive a night shift differential of five percent (5%) of their hourly rate of pay as additional compensation if more than one-half (.5) of their standard workday is before 8:00 a.m. or after 5:00 p.m.

5.8.2. Shift differential pay shall be paid only for time worked. No civilian employee shall receive shift differential for other paid time such as vacation, sick leave, or in-lieu of holiday pay.

5.9. Fitness Incentive

5.9.1 Employees may work out off-duty at the Department or the City recreation facility at no cost.

5.9.2 Sworn employees who work out off duty at least two (2) times per week during each fourteen (14) day pay period will receive fitness incentive pay in the amount of twenty-seven dollars and fifty-cents ($27.50) per pay period.

6. Specialty Pays

6.1 K-9 Officer Compensation
The City and the Association have determined that the amount of compensable off-duty working time attributable to the routine care of a City owned canine (K-9), including but not limited to, the handling, caring, feeding, exercising, grooming, kennel cleaning, cleaning of City vehicles and ordinary transport to the veterinarian is thirty (30) minutes per day, seven (7) days per week.

This determination is the result of a good faith estimate by the City and the Association and is 566
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intended to be comprehensive, accurate and inclusive of all pertinent facts. The compensation for additional off-duty time shall be paid at the rate of time and one-half (1.5) their regular rate of pay. Officers assigned to K-9 duty shall be entitled to K-9 Officer compensation during periods of training up to three (3) months prior to the dog actually being certified for service.

6.1.1. In addition to the K-9 compensation described in Section 6.1, above, assigned K-9 officers will be reimbursed for the purchase of dog food and grooming supplies, which have been preapproved by the Lieutenant over the K-9 Program. Training expenses for all mandatory training, replacement of Police Department owned equipment provided for use in the K-9 program and all veterinary expenses incurred as the result of a service related injury or illness, including routine examinations and vaccinations, shall be paid by the Department. Any additional medical expenses may be paid by the City at the discretion of the Chief of Police.

6.1.2. No employee shall work more than thirty (30) minutes per day in the performance of off-duty K-9 Officer tasks without the express direction of the K-9 Sergeant or Lieutenant over the K9 Program. All extraordinary work involving the canine will be compensated at the rate of time and one-half (1.5) their regular rate of pay. Extraordinary work includes, but is not limited to, unanticipated trips for emergency veterinary care, special training not normally conducted on a daily or scheduled basis, and any work which causes a substantial increase in work time beyond that which is authorized in Section 6.1. Absent exigent circumstances, all such overtime must be authorized, in advance, by the K-9 Sergeant or Lieutenant over the K-9 Program.

6.1.3 In the event a City-owned canine is permanently retired by the Department, the most recent handler shall have the option to purchase the canine from the City for one dollar ($1.00). In 567
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the event the canine had more than one handler, and the most recent handler chooses not to purchase the canine, the next most recent handler of the canine shall have the option to purchase the retired canine. The purchase of the dog shall include an indemnification, and hold harmless agreement by the purchasing officer, releasing the City from any and all liability, including future veterinary care, maintenance, and other costs relating to the canine.

6.2. Field Training Officer, Records Trainer, and Code Enforcement Officer Trainer

6.2.1. The duties of a Field Training Officer (FTO), Records Trainer, and Code Enforcement Officer Trainer include additional responsibilities and paperwork in order to successfully train and implement the program. A FTO or Records Trainer may also be required to serve in a temporary assignment as an acting supervisor.

6.2.2. Trainer Compensation
Compensation for serving as an FTO, Records Trainer, and Code Enforcement Officer Trainer shall be as follows:

6.2.2.1 Field Training Officer
A FTO shall receive an additional five percent (5%) of their hourly rate of pay. FTOs are expected to perform their FTO duties during their normal tour of duty and will not receive overtime for FTO duties unless specifically authorized by the Chief of Police.

6.2.2.2 Records Trainer or Code Enforcement Officer Trainer A Records Trainer or Code Enforcement Officer Trainer, while actually training for the Department shall be compensated an additional five percent (5%) of their hourly rate of pay for every training day. Trainers are expected to perform their 568
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training duties during their normal tour of duty and will not receive overtime for training duties unless specifically authorized by the Chief of Police or Director of Community Development.

6.2.3. Acting Supervisor
An employee assigned by the Chief of Police or Director of Community Development to act in the capacity of a supervisor will be compensated an additional five percent (5%) of their hourly rate of pay after working one (1) regular work shift in the supervisory capacity. During these periods, the employee will have the same authority and responsibility as the supervisor they replaced.

6.3 Police Liaison Officer
The duties of the Police Liaison Officer shall involve community outreach and organization in order to identify and resolve issues related to either special persons and/or special group(s).

6.3.1 A Police Officer assigned as a Police Liaison Officer shall receive Police Liaison pay in the amount of five percent (5%) of their hourly rate of pay. Pay continues to be received while employee is utilizing vacation, sick leave or holiday pay.

6.4 Bilingual Pay
Employee’s possessing and utilizing bilingual skills on duty shall receive bilingual pay in the amount of five percent (5%) of their hourly rate of pay. The number of employees, languages available, and the qualification requirements will be determined by the City. Pay continues to be received while employee is utilizing vacation, sick leave or holiday pay.

6.5 Officer In Charge (OIC)
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West Sacramento Police Officer's Association
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The Police Officer in Charge (OIC) program is considered a specialty assignment for employees who are routinely and consistently assigned to a lead or supervisory capacity over other employees, subordinate classifications, or agency-sponsored program participants. The OIC program will provide opportunities for employee development and acquiring experience through mentorship under the direction of a division sergeant. The OIC Operations Manual outlines the administration of the OIC program.

6.5.1 The OIC program is designed to prepare officers with the leadership skills required to prepare them for the position of Sergeant. Officers interested in the OIC program will be required to test for the position. The testing process will be reflective of the field supervisor’s responsibilities. Officers appointed to the OIC assignment will not be required to test for sergeant. Officers interested in becoming an OIC shall be required to meet the minimum requirements as a Police Sergeant prior to the time of their application for the OIC assignment.

6.5.2 The Department will establish the number of positions assigned to the OIC assignment.

6.5.32 OICs, in addition to standard police officer duties, will undertake the additional responsibility as a lead officer or acting supervisor in the absence of a sergeant.

6.5.43 OICs are required to meet minimum ongoing supervisory requirements to maintain their ability to act in an OIC capacity.

6.5.54 570
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OICs who are routinely and consistently assigned to lead or supervisory positions over other employees, subordinate classifications, or agency sponsored program participants shall receive an additional five percent (5%) of their hourly rate of pay.

6.5.65 Officers who are currently assigned to another specialty assignment and are selected for an OIC assignment may participate in an auxiliary fashion but not in a full-time status. Auxiliary OICs will be compensated only when performing in the capacity of and OIC.

6.5.65.1 In no event shall a Field Training Officer or Police Liaison Officer receive more than five percent (5%) of their hourly rate of pay if assigned as an OIC and another specialty assignment.

7. Uniforms

7.1 When hired, an employee shall be directed to the appropriate vendor(s) where they will obtain the required uniforms and/or equipment, which will be paid for by the City directly to the vendor(s). The required uniform and equipment for each classification will be contained in a policy and furnished to the Association on an annual basis. Employees are required to meet Department uniform standards.

7.1.1 Employees who damage their clothing or personal items while working shall be reimbursed according to the provisions of the City Administrative Policy II-E-8.

The City shall provide sworn employees with level three A (3A) soft body armor with trauma plate and replace the body armor when damaged or prior to the manufacturer’s expiration date.
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Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

7.2 Safety Equipment – Civilian Employees
The City shall make available to on-duty civilian employees such safety equipment as is necessary for the employee’s job assignment, which may include, but not be limited to: rain gear, flashlight, radio holder, key holder, and orange safety vest.

7.2.1 With approval of the Director of Community Development or Chief of Police, City shall provide civilian employees with level three A (3A) soft body armor with trauma plate and replace the body armor when damaged or prior to the manufacturer’s expiration date.

8. Education and POST Incentives

8.1 Sworn Employees

8.1.1 POST Incentives
Upon verification, employees shall receive four point eight-fivetwo percent (24.85%) of their hourly rate of pay for an Intermediate POST certificate Upon verification, employees shall receive an additional two and one-halffive percent (2.5%) of their hourly rate of pay for an Advanced POST certificate.

Maximum incentive under section 8.1.1. is nine point eight-fivefour-point five percent (4.59.85%).

8.1.1.1 The issuant date of POST certificates or date of hire as a regular employee, which ever is l later, shall be used for the implementation date of the POST incentive pays.

8.1.2 Education Incentives
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Upon verification, employees shall receive four and one quarter percent (4.25%) of their hourly rate of pay for a Bachelor’s degree.

Upon verification, employees shall receive an additional two and one-half percent (2.5%) of their hourly rate of pay for a Master’s degree.

Maximum incentive under section 8.1.2. is six and one-halfthree-quarters percent (6.75%).

8.1.3 The incentives in sections 8.1.1 and 8.1.2. shall be cumulative and not compounded. The maximum incentive under these sections shall be eleven sixteen point six percent (1116.6%).

Changes in compensation in sections 8.1.1 and 8.1.2 shall be effective the first payroll period after ratification and inclusive of approval by the City Council in January 2024.

8.2 Civilian Employees

8.2.1 Education Incentives
Upon verification, employees shall receive two-point five percent (2.5%) of their hourly rate of pay for an Associate’s Degree.

OR
Upon verification, employees shall receive four five percent (45%) of their hourly rate of pay for a Bachelor’s degree.

Upon verification, employees shall receive an additional two and one-half percent (2.5%) of their hourly rate of pay for a Master’s degree.

8.2.1.1 573
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The incentives in this section shall be cumulative and not compounded. The maximum incentive under this section shall be six seven and one-half percent (67.5%). Changes in compensation in section 8.2.1 shall be effective the first payroll period after ratification and inclusive of approval by the City Council in January 2024.

8.3 Career Enhancement & Wellness
The City will reimburse up to one thousand dollars ($1000) per fiscal year to all eligible employees (prorated for new hires) for eligible expenses related to Career Enhancement and/or Wellness Activities and Programs incurred within twelve (12) months from the date of the expenditure, pursuant to the requirements and procedures outlined in City Administrative Policy II-E-1.

The City will reimburse up to one thousand dollars ($1000) per fiscal year to all eligible employees (pro-rated for new hires) for materials and fees for career enhancement activities including, but not limited to, job-related classes; classes taken at an accredited college or university in pursuit of a degree; and job-related equipment. Items qualifying for reimbursement include reference books and manuals related to the employee's line of work or approved classes; AV media related to career development; and computer hardware and software and/or other accessories/equipment which can aid the employee in the performance of their job duties and/or advance skills that would enhance job performance, including keyboards, monitors, computer mouse(s)/pointing devices, headsets/earphones, webcams, and printers/printer ink.

Eligible employees hired between July 1 and December 31 of a fiscal year will receive 100% (of the benefit amount) for that fiscal year. Employees hired between January 1 and March 31 will receive 50% (of the benefit amount) for that fiscal year. Employees hired after March 31 will not receive the benefit until the commencement of a new fiscal year.

An employee may only be reimbursed for eligible expenses incurred within twelve (12) months from the date of the expenditure. The purchase must have been made when the employee was employed with the City of West Sacramento. The date on which a reimbursement is requested, 574
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not the date in which the expense was incurred, determines which fiscal year reimbursement funds apply and an employee may only be reimbursed one time for an expenditure.

For example, a computer purchased in May of 2022 for $1,200 may only be submitted once for reimbursement either by June 1, 2022, for reimbursement of $1,000 out of FY 21/22 funds or after June 1, 2022 for reimbursement of $1,000 out of FY 22/23 funds. Two separate reimbursement requests for the same piece of equipment over two fiscal years in order to achieve full payment is not allowed.

All reimbursements will comply with applicable tax laws.

8.3.1 If an employee wishes to enroll in a class, workshop, conference, or seminar OR if an employee desires to purchase career development materials for reimbursement for which they plan to seek reimbursement, they must first request approval from their Department Head. The employee must submit a Career Enhancement Reimbursement Request through NeoGov form to their department head, including written justification as to how the item(s) for which reimbursement is requested is job related. The Department Head will review the employee’s request and indicate their approval on the Career Enhancement Reimbursement Request form in the box titled “Pre-Approval by Department Head” space. If approved by the Department Head, the form will be submitted to Human Resources for review and preapproval and then returned to the employee until the activity or purchase is completed.

Once pre-approved by the Department Head, the reimbursement will be made following completion of the activity or purchase of the materials. If the employee is requesting reimbursement for a class, they must complete the remainder of the Career Enhancement Reimbursement Request form and provide a copy of the transcript or other documentation from the educational institution which verifies completion of the class. If the employee is requesting reimbursement for other approved activities/materials, she/he must complete 575
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the remaining portion of the Career Enhancement Reimbursement Request form and attach receipts for the class registration; books or other materials purchased for the class; or receipts for other career development materials.

After final Department Head approval for payment is obtained on the Career Enhancement Reimbursement Request form through NeoGov, the form and required receipts are to be sent to Human Resources through NeoGov for review and payment. Human Resources will review reimbursement requests for appropriateness.

Inappropriate or ineligible requests will be returned to the Department for further handling.

Human Resources will then prepare a direct batch or process through payroll (when necessary for tax purposes as required by the IRS) and track the funds expended on each eligible employee.

Departments may contact Human Resources to review the appropriateness of a particular reimbursement request.

Reimbursement requests with final Department Head approval may be submitted at any time during the fiscal year. Reimbursement requests submitted to Human Resources between July 1 and December 1 each fiscal year, will be processed for payment by December 31.

Reimbursement requests submitted to Human Resources between December 2 and June 1, will be processed for payment by June 30. To ensure utilization of funds from a particular fiscal year, the reimbursement request must be received by Human Resources on or before June 1 of each fiscal year and will be processed by Human Resources by June 30. Requests received after June 1 will be processed and reimbursed in the following fiscal year.

9. CalPERS Retirement

9.1. Safety Members
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West Sacramento Police Officer's Association
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The City will continue its participation in the California Public Employees' Retirement System (CalPERS).

Police Safety Members hired prior to October 8, 2011, shall receive the 3% @ 50 formula, highest twelve (12) months for final compensation determination, the Third Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option, and Military Service Credit as Public Service.

The CalPERS contract includes Section 20516, Employees Sharing Cost of Additional Benefits. This allows affected employees to share in the cost of the 3% @ 50 enhanced retirement formula.

These employees pay four point three two five percent (4.325%) to share in the cost of the 3% @ 50 formula. As applicable, the employee contribution will be made pre-tax.

These Police Safety Members will pay the entire nine percent (9%) of the CalPERS employee contribution on a pre-tax basis.

Police Safety Members hired between October 8, 2011, and December 31, 2012, or Classic Members, as defined by CalPERS, shall receive the 3% @ 55 formula, highest thirty-six (36) months for final compensation determination, the Third Level of the 1959 Survivor’s Benefit, Unused Sick Leave Credit option and Military Service Credit as Public Service.

The CalPERS contract includes Section 20516, Employees Sharing Cost of Additional Benefits. This allows affected employees to share in the cost of the 3% @ 55 enhanced retirement formula.

These employees pay four point three-two-five percent (4.325%) to cost share for the 3% @ 55 formula. As applicable, the employee contribution will be made pre-tax.

These Police Safety Members will also pay the entire nine percent (9%) of the CalPERS employee contribution on a pre-tax basis.

New Police Safety Members hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and who are not eligible for reciprocity with another California public retirement system as defined by the Public Employees’ 577
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Pension Reform Act (PEPRA), and are not a rehire who is formerly a classic member, shall receive the 2.7% @ 57 formula, highest thirty-six (36) months for final compensation determination, the Third Level of the 1959 Survivor’s Benefit, Unused Sick Leave Credit option and Military Service Credit as Public Service.

These Police Safety Members will pay the entire CalPERS employee contribution as determined by CalPERS on a pre-tax basis.

9.2 Miscellaneous Members
The City will continue its participation in the California Public Employees’ Retirement System (CalPERS).

Miscellaneous Members hired before February 11, 2012, shall receive the 2.5% @ 55 formula, the Third Level of the 1959 Survivor’s Benefit, highest thirty-six (36) months for final compensation determination, Military Service Credit as Public Service, and the Unused Sick Leave Credit option.

These Miscellaneous Members will pay the entire CalPERS employee contribution of eight percent (8%) on a pre-tax basis.

Miscellaneous Members hired between February 11, 2012, and December 31, 2012, or Classic Members, as defined by CalPERS, shall receive the 2% @ 60 formula, the Third Level of the 1959 Survivor’s Benefit, highest thirty-six (36) months for final compensation determination, Military Service Credit as Public Service, and the Unused Sick Leave Credit option.

These Miscellaneous Members will pay the entire CalPERS employee contribution of seven percent (7%) on a pre-tax basis.

New Miscellaneous Members hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and who are not eligible for reciprocity with another California public retirement system as defined by the Public Employees’ 578
Memorandum of Understanding
West Sacramento Police Officer's Association
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Pension Reform Act (PEPRA), and are not a rehire who is formerly a classic member, shall receive the 2% @ 62 formula, the Third Level of the 1959 Survivor’s Benefit, highest thirty-six (36) months for final compensation determination, Military Service Credit ad Public Service, and the Unused Sick Leave Credit option.

These Miscellaneous Members will pay the entire CalPERS employee contribution as determined by CalPERS on a pre-tax basis.

10. Health and Welfare Benefits

10.1. City Contribution
The City shall continue enrollment in the State of California Public Employees' Retirement System (CalPERS) Health Insurance Program. Medical plans are offered through the CalPERS medical program (PEHMCA) using the unequal, minimum contribution methodology. Dental plan is selfinsured through Delta Dental. Vision plan is Vision Service Plan.

10.1.1 Tthe employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as follows:
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed one hundred percent (100%) of the PORAC plan for employee only and the cost of employee only basic dental and basic vision per month. • Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed eighty-five percent (85%) of the PORAC plan for employee plus one and eighty-five percent (85%) of the cost of employee plus one basic dental and basic vision per month.
• Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed eighty-five percent (85%) of the PORAC plan 579
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for employee plus two or more and eighty-five percent (85%) of the employee plus two or more basic dental and basic vision plans per month.

In no event shall the contribution exceed 100% of the selected plan premium cost including dental and vision.

Employees hired prior to July 1, 2018, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage shall receive an additional four hundred and seventy-five dollars ($475) per month plus City paid dental/vision up to the family rate depending on coverage selected.

New employees hired on or after July 1, 2018, who opt out will receive four hundred and seventyfive dollars($475) and City paid dental/vision at the employee only rate. Employees can purchase up to the family rate with the opt out funds.

10.1.2 Effective the pay period after ratification and inclusive of approval by the City Council in January 2024, the employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as listed below. The employee must purchase dental, vision and life (if applicable) at the employee only level at minimum.  Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,075 per month.
 Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,822 per month.  Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,377 per month.  In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.
 Share the Savings (Medical Opt Out)
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Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

o Employees hired prior to July 1, 2018, who choose not to participate in any of the City’s medical plans (“opt out”) and show proof of other group health care coverage, shall receive four hundred and seventy-five dollars ($475) per month plus City paid basic dental and basic vision up to the family rate depending on coverage selected. o New employees hired on or after July 1, 2018, who opt out will receive four hundred and seventy-five dollars ($475) and City paid basic dental and basic vision at the employee only rate. Employees can purchase up to the family rate with the opt out funds.

10.2. Medical After Retirement

10.2.1 Sworn Employees
Sworn employees hired after June 30, 2014 will receive retiree medical benefits pursuant to the following formula:
10 - 14 years of service= 50% of premiums
15 - 19 years of service= 75% of premiums
20 or more years of service= 90% of premiums
These premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier and not to exceed one thousand two hundred ($1,200) dollars per month.

Sworn employees hired after December 31, 2001 will receive retiree medical benefits pursuant to the following formula:
10 - 14 years of service= 50% of premiums
15 - 19 years of service= 75% of premiums
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20 or more years of service= 90% of premiums
These premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier.

This provision, however, will not impact any current retirees or current employees hired before January 1, 2002. These employees will maintain the current medical after retirement benefit levels. (See the Retiree Health Benefits Information Guide (RHBIG) dated January 2006.) The City agrees not to change the terms and conditions of retiree health benefits contained in the RHBIG without meeting and conferring with the Association.

10.2.1.1 Sworn employees not subject to Section 10.2.1 above will receive retiree medical benefits to be provided through PEHMCA. One hundred percent (100%) of the premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier. (See the Retiree Health Benefits Information Guide (RHBIG) dated January 2006.) The City agrees not to change the terms and conditions of retiree health benefits contained in the RHBIG without meeting and conferring with the Association.

10.2.2 Civilian Employees
Civilian employees will receive retiree medical benefits pursuant to the following formula:
10-14 years of service = $50 + 25% of premiums
15-19 years of service = $75 + 30% of premiums
20 or more years of service = $100 + 50% of premiums
The premiums will be paid, indexed to the PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier. 582
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

In all cases, this benefit for civilian employees is not to exceed seventy five percent (75%) of the total premium or seven hundred fifty dollars ($750), whichever is less. (See the Retiree Health Benefits Information Guide (RHBIG) dated January 2006.) The City agrees not to change the terms and conditions of retiree health benefits contained in the RHBIG without meeting and conferring with the Association.

If, during the term of this agreement, any other recognized employee organization, which is comprised of civilian employees, is provided an enhanced medical after retirement benefit, the civilian employees assigned to the Association shall receive the same enhancement at the same time, in the same manner and at the same cost as the benefit was provided to that recognized employee organization.

10.2.3 Sworn and Civilian Employees first hired on or after July 1, 2018

10.2.3.1 Employees first hired after June 30, 2018, shall receive the following Medical After Retirement Benefits based on regular years of service with the City.

The City’s maximum monthly medical contribution for each eligible retiree shall be equal to the minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA). Rehired employees will fall under the medical retirement tier based on original date of hire.

The following contrbutions shall be made to the employees Retiree Health Savings Account (RHS).

After accruing ten (10) continuous years of service with the City, and upon separation from the City, employees may draw from the City contribution in this account. Employees who terminate City service for reasons other than retirement or layoff prior to ten (10) years of continuous service with the City will forfeit any City contribution. 583
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

• From zero (0) to five (5) years of service, employees shall receive twenty-five ($25) per month in to be deposited to the employee’s RHS account • After completion of five (5) years of continuous service with the City, employees shall receive one hundred dollars ($100.00) per month to be deposited into their RHS account.
• After completion of ten (10) years of continuous service with the City, employees shall receive one hundred and fifty dollars ($150.00) per month to be deposited into their RHS account.
• After completion of twenty (20) years of continuous service with the City, employees shall receive two hundred dollars ($200.00) per month to be deposited into their RHS account.

10.2.3.1.1 Effective the first payroll period after ratification and approval by the City Council, sSworn employees first hired after June 30, 2018, may have prior years of qualifying service included in their City years of service if they previously worked in a sworn capacity with a POST participating agency. Prior years of service must be verified by submitting a copy of POST Profile. Additional documentation may be requested if necessary.

10.2.4 Rehired employees
Rehired employees will fall under the medical retirement tier based on original date of hire.

10.3 Contribution to Unfunded Liability
Employees shall contribute ten dollars ($10) per month to be used to reduce the unfunded liability for retiree medical.

10.4 ICMA VantageCare
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Memorandum of Understanding
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The City shall provide a VantageCare retiree health savings account with ICMA for all employees.

The account shall be solely for the bargaining unit and shall allow for employer and employee contributions to the plan. The City shall contribute fifteen dollars ($15) per pay period on behalf of each employee hired prior to July 1, 2018, to the VantageCare plan. The Association may set or adjust the employee contribution amount annually by November 15, to be effective the first pay period in February of the following year. City contributions shall immediately vest to the employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment per the requirements of the plan.

10.5 State Disability Insurance
Sworn members of the Association are not in the State Disability Insurance Program. The civilian members of the Association may be removed from the State Disability Insurance Program at the discretion of the Association.

11. Employment Probation

11.1. Probationary Period – Sworn Employees
Sworn employees who possess a POST Basic Certificate upon hire shall receive a probationary period of twelve (12) months. All other sworn employees shall receive a probationary period of eighteen (18) months.

11.2. Probationary Period - Civilian Employees
The probationary period for all civilian employees covered by this agreement shall be twelve (12) months for all new employees.

11.3. Probationary Period - Promotions
All promotions shall be subject to a six (6) month probationary period. During this type of probationary period, employees will continue to be considered regular employees, will accrue 585
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

seniority, and shall be protected in discharge procedures as other regular employees. If the employee is not recommended for permanent status in such position, they shall be entitled to return to the position from which they were promoted provided they held permanent status in such position and a vacancy exists or one will be created as the result of another employee being promoted. If the employee was not accorded permanent status for any reason other than the inability to perform the duties of the new position, they shall not be entitled to be restored to the position from which they were promoted.

12. Light/Limited Duty

12.1. When, due to injury or illness, whether or not the injury or illness is work related, an employee is unable to perform their usual duties, the employee may work in a light/limited duty capacity if such work is available in the Department.

12.2. An employee may work light/limited duty only upon authorization of the employee's attending physician, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity nor is a hazard created for other employees.

12.3. If light/limited duty is available, and the employee is cleared by an attending physician to perform such work, they shall accept light/limited duty. As much as possible, every reasonable effort will be made to allow the employee to work light/limited duty on the same shift to which they are assigned for a period of one (1) week. Following the one (1) week period, light/limited duty assignments will be made in accordance with the best interests of the Department.

13. Performance Evaluation
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Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

13.1 The Department shall prepare a performance evaluation for each employee at least every six (6) months during the probationary period. The employee performance evaluation on probationary employees shall be submitted by the Department to the Human Resources Division. Unless the Department extends the probationary period or takes action to separate the employee during their probationary period, the probationer shall acquire regular status at the end of the probationary period.

13.2. After the probationary period, the Department shall prepare a performance evaluation for each employee at least every twelve (12) months based on the prior calendar years’ performance.

Annual regular employee performance evaluations shall be submitted by the Department to the Human Resources Division.

13.3. Regular employees in the top step of their salary range shall receive a performance evaluation prior to their annual evaluation date.

13.4. No performance evaluation shall be transmitted to the City's personnel files until the employee has reviewed or been given the opportunity to review the evaluation with the rating supervisor, and if requested by the employee, such employee has reviewed or been given the opportunity to review the evaluation personally with the Chief of Police or Director of Community Development, as appropriate. The employee has the right to read, sign, and file a written response to both favorable and unfavorable entries. Signing is not an admission by the employee of the truth of such entries, but rather only an acknowledgment of notification. An employee's written response, if any, shall be attached to and become a permanent part of the employee's 587
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

evaluation and shall be transmitted to the City's personnel files. The performance evaluation is not subject to appeal through the grievance and/or disciplinary appeal procedures. All employees, however, have a right to meet with the Assistant City Manager to address concerns about their performance evaluation.

14. Sick Leave

14.1. Sick Leave
Sick leave is defined as the absence from duty by an employee because of:

14.1.1. Their own illness or injury or exposure to a contagious disease which incapacitates such employee from performing their duties.

14.1.2. Their own medical and dental appointments if not able to schedule during off duty hours.

14.1.3. Attendance upon a member of their family because of illness, injury, or exposure uto contagious disease and when the attendance of such employee is definitely required, provided that the total number of days of sick leave taken pursuant to this Section shall not exceed six (6) days per calendar year.

14.1.4. As used in this Section, "family" means husband, wife, domestic partner, child, brother, sister, parents, mother-in-law, father-in-law, or grandparents. “Child” is defined as a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing “in loco parentis” (refers to a person who has put themself in the situation 588
Memorandum of Understanding
West Sacramento Police Officer's Association
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of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption.)

14.1.5. The Chief of Police or Director of Community Development, as appropriate, may request a doctor's certificate as proof of necessity for absence in excess of three (3) days in order for sick leave with pay to be granted. The parties agree that such means shall not be used to harass or intimidate employees or discourage appropriate use of sick leave. If a pattern has been established where an employee has taken sick leave on certain days of the week (e.g., holidays, last day of the workweek) a doctor’s note may be requested.

14.2. Sick Leave Accural

14.2.1. Employees shall be entitled to sick leave with pay which shall accrue at the rate of eight (8) hours for each month of service commencing with the date of employment. For purposes of sick leave accrual, employees hired on or before the fifteenth (15th) day of a month shall be credited with one (1) day sick leave for that month. Employees hired after the fifteenth (15th) day of a month shall have sick leave credited to them beginning the first (1st) day of the following month.

14.2.2. Upon retirement, layoff, or death, up to one-half (.5) of the value of an employee's accumulated sick leave will be paid to the employee at their separation rate of pay.

Employees who retire have the option to choose between a cash-out of up to one-half (.5) of their unused sick leave at their separation rate of pay, with the remaining balance reported to CalPERS as service credit; in lieu of any cash-out, up to one hundred percent (100%) of unused sick leave will be reported to CalPERS as service credit. 589
Memorandum of Understanding
West Sacramento Police Officer's Association
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14.3. Sick Leave, State Disability Compensation, and Workers' Compensation

14.3.1. Civilian employees’ sick leave will be supplementary to Workers' Compensation or State Disability Compensation benefits and will be paid so that at no time will sick leave and worker's compensation or State Disability Compensation payments combined exceed one hundred percent (100%) of the employee's average earnings for the standard workweek preceding disability.

15. Vacations

15.1. Vacation Accural

15.1.1 Starting with the first year of employment, employees shall be entitled to ten (10) days or eighty (80) hours of vacation leave with pay. Such vacation leave shall accrue at the rate of ten (10) days or eighty (80) hours per year until such employee has been employed up to five (5) consecutive years.

15.1.2. Employees who have served continuously for five (5) years shall be entitled to fifteen (15) days or one hundred twenty (120) hours of vacation leave with pay per year up to ten (10) years.

15.1.3. Employees who have served continuously for ten (10) years shall be entitled to twenty (20) days or one hundred sixty (160) hours of vacation leave with pay per year up to twenty (20) years.
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Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

15.1.4. Employees have served continuously for twenty (20) years or more shall be entitled to twenty-five (25) days or two hundred (200) hours of vacation leave with pay per year.

15.1.5. A maximum of two hundred forty (240) hours of unused, vested time may be accumulated by an employee. If an employee has twenty (20) or more years of service, the maximum accrual is three hundred (300) hours.

15.1.6. Effective the first payroll period after ratification and approval by the City Council, sSworn employees may have prior years of qualifying years of service included in their City years of service if they previously worked in a sworn capacity with a POST participating agency, in determining their vacation accrual tier. Prior years of service must be verified by submitting a copy of POST Profile. Additional documentation may be requested if necessary.

15.2. Vacation Scheduling

15.2.1. Vacations may be taken as vacation hours are accrued, subject to approval by the Chief of Police or Director of Community Development, as appropriate.

15.2.2. The time for and scheduling of vacations shall be subject to approval by the Chief of Police or Director of Community Development, as appropriate, and coordinated by the Department with other employees.

15.2.3. 591
Memorandum of Understanding
West Sacramento Police Officer's Association
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When an employee has submitted a written request for vacation at least thirty (30) days in advance of the dates requested, said request shall not be unreasonably denied and, if approved, shall only be rescinded to meet unanticipated departmental needs of an emergency nature.

15.3. Vacation Pay Upon Termination
Upon leaving employment, an employee shall be cashed out of their accrued vacation at their separation rate of pay.

15.4 Vacation Sell Back
Annually through December 31, 20232024, eligible employees will have the opportunity to sell back unused accrued vacation hours. To be eligible for the vacation sell back program, the employee must use a minimum of 40 hours of accrued leave time (not including sick leave or paid holidays) in the calendar year and submit a request form by December of that calendar year, which will be paid in January of the following year. Eligible employees may sell back up to 80 hours of accrued vacation time in the second pay period of January each calendar year. The decision by an employee to cash out vacation hours is irrevocable. The hours shall be converted to a dollar amount based on the employee’s regular rate of pay at the time of buy back.

16. Holidays

16.1. City Holidays
Employees will earn one-hundred and twelve (112) ninety-six (96) hours of holiday time per calendar year (the twelve (12) ten (10) listed holidays in Section 17.1.1 plus two (2) floating holidays) to be used as time off. Holiday time can be taken at any time after it is earned (the pay period in which the holiday occurs or July 1 for floating holidays). 592
Memorandum of Understanding
West Sacramento Police Officer's Association
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Upon retirement, employees are entitled to cash out all unused holiday time at their separation rate of pay. Upon resignation, layoff or lawful terminationseparation, employees are not entitled to any payout for unused holiday time (no cash out).

16.1.1. City Holidays

1. New Year's Day (January 1)

2. Martin Luther King, Jr.'s Birthday (third Monday in January)

3. Presidents’ Day (third Monday in February)

4. Cesar Chavez Day (March 31)

5. Memorial Day (last Monday in May)

6. Juneteenth (June 19)

7. Independence Day (July 4)

8. Labor Day (first Monday in September)

9. Veteran's Day (November 11)

10. Thanksgiving Day (last Thursday in November)

11. Day After Thanksgiving (last Friday in November)

12. Christmas Day (December 25)

16.1.2. 593
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West Sacramento Police Officer's Association
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Employees shall be entitled to use four (4), four and one-half (4.5), five (5) or six (6) hours1 floating holiday time either on Christmas Eve or New Year's Eve, subject to scheduling constraints on the Department. If any employee chooses not to exercise this option or schedule constraints preclude it, the employee shall retain the leave time to be used within this fiscal year.

16.1.3. When any of the above holidays fall on a Sunday, the Monday following shall be observed as a holiday. When any of the above holidays fall on a Saturday, the preceding Friday shall be observed as the holiday. An observed holiday must be in the calendar year that the holiday occurs.

16.1.4. Public offices of the City shall be closed on the holidays identified in this Section, and shall not necessarily be closed on the State holidays as provided in California Government Code Sections 6700 to 6702.

16.2. Floating Holidays

16.2.1. Floating holidays are accrued on a fiscal year basis. An employee appointed during the period from July 1 through December 31 shall be entitled to two (2) floating holidays (sixteen (16) hours) for that fiscal year. An employee appointed during the period from January 1 through March 31 shall be entitled to one (1) floating holiday (eight (8) hours) for the remainder of the fiscal year. An employee appointed during the period from April 1 through June 30 shall not be entitled to any floating holidays for that fiscal year, but shall earn two (2) 1 Entitled to take one-half of their shift, depending upon employee’s regular workday of 8, 9, 10 or 12 hours. 594
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

floating holidays (sixteen (16) hours) at the start of the next fiscal year (July 1). Upon separation, employees are entitled to payout for any unused floating holiday time.

16.3. Employees Eligible for Holiday Pay

16.3.1. Employees shall be eligible for holiday pay at their regular rate of pay.

16.4. Compensation for Work on Holidays

16.4.1. If an employee is required to work on a day being observed as a City holiday, the employee shall be paid overtime compensation at the rate of time and one-half (1.5) their regular rate of pay plus retain the holiday hours to be used within the fiscal year or be compensated for same prior to the fiscal year end.

16.4.2. If a holiday occurs during the time an employee is on an excused absence without pay, the employee shall not be entitled to receive pay for the holiday.

16.4.3. When any of the above holidays fall during a regularly scheduled paid leave period, or the employee is on sick leave, the employee will receive holiday time in lieu of being charged the appropriate leave time.

16.4.4. Should a holiday be observed on an employee's regularly scheduled day off, the employee shall be compensated for eight (8) hours work at their regular rate of pay or may retain the holiday hours to be taken at a later time within the same fiscal year at the employee's choice. 595
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

17. Maternity and Paternity Leave
Please see Section 4.5.6 of the City’s Personnel Rules. The City agrees that the terms and conditions of the Maternity and Paternity Leave contained in this Section of the Personnel Rules shall not be changed without meeting and conferring with the Association.

18. Family and Medical Leave
Please see Section 4.5.10 of the City’s Personnel Rules. The City agrees that the terms and conditions of the Family and Medical Leave contained in this Section of the Personnel Rules shall not be changed without meeting and conferring with the Association.

19. Bereavement and Reproductive Loss Leave
Please see Section 4.5.8 of the City’s Personnel Rules. The City agrees that the terms and conditions of the Bereavement and Reproductive Loss Leave contained in this Section of the Personnel Rules shall not be changed without meeting and conferring with the Association.

20. Layoffs

20.1 Layoffs
When the City determines that a reduction in staff is necessary, the City shall select the employee(s) to be laid off within that classification. Within the selected classification(s), seniority as defined in Section 1.4.2. shall govern the order of layoff, with the least senior employee being laid off first.

20.2 Bumping Rights
An employee subject to layoff may bump an employee in a previously held lower classification, if that employee has less seniority than the laid off employee. An employee exercising their bumping rights shall notify the department head or designee within seven (7) days after receiving the layoff notification.
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Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

20.3 Layoff Notification
When the City determines that layoffs are to occur, the Department should give as much notice as possible, but no less than thirty (30) calendar days written notice of the layoff.

20.4 Reemployment
An employee laid off shall be reinstated in the reverse order of layoffs for a period of one (1) year from the date of their layoff. Employees shall have seven (7) calendar days to respond in writing to offers of reemployment. If the employee fails to respond to two (2) separate offers of reemployment they shall be deemed to have waived their right to reinstatement.

21. Training
The Department recognizes the value of continued training in obtaining the goals of professionalism in the Department and reducing the liability to the City and will make every effort to provide training to employees in the bargaining unit.

22. Grievance Procedure

22.1. Purpose
The purpose of this procedure is to provide for an orderly process for reviewing and resolving employee grievances at the lowest possible administrative level in the shortest possible time.

22.2. Definition of Grievance
A grievance is a complaint of one or a group of employees or a dispute between the City and the Association involving the interpretation, application, or enforcement of the express terms of the MOU or any applicable rules or regulations.
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Memorandum of Understanding
West Sacramento Police Officer's Association
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Discharge, suspension, demotion, and/or other disciplinary actions of an employee shall not be subject to the grievance procedure pursuant to this Section. Those matters shall be governed by the disciplinary procedures set forth in the MOU.

22.3. Formal Grievance Procedure

22.3.1. Level I
Within thirty (30) days from the event giving rise to the grievance or from the date the employee could reasonably have expected to have had knowledge of such event, the grievant shall file a formal written grievance. Within fifteen (15) days of the receipt of the written grievance, the Chief of Police or Director of Community Development, as appropriate, shall investigate the grievance which may include a meeting with the concerned parties and give a written answer to the grievant.

22.3.2. Level II
If the grievant is not satisfied with the written answer from the Chief of Police or Director of Community Development, as appropriate, the grievant may, within five (5) days of such answer, file a written appeal to the City Manager. Within twenty (20) days of the receipt of the written appeal, the City Manager shall investigate the grievance which may include a meeting with the concerned parties and thereafter give a written answer to the grievant, which answer shall be final and binding unless appealed. The City Manager may affirm, modify, reverse, or otherwise resolve the decision appealed.

22.3.3. Level III
If the grievant is not satisfied by the decision made by the City Manager, they may within fifteen (15) days of the receipt of the response from the City Manager request a hearing before an arbitrator. The hearing before the arbitrator shall be heard whenever possible 598
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within thirty (30) days of receipt of the request by the City Manager. The grievant shall be sent notice of the date of the hearing at least fifteen (15) days prior to the hearing.

Grievance arbitrations shall be conducted according to the rules of arbitration for disciplinary matters as defined in the Personnel Rules, including selection of the arbitrator and rules of procedure.

22.3.4. Level IV
The arbitrator shall conduct a hearing and shall either issue an oral bench decision, or shall within thirty (30) days of conclusion of the hearing, render a written decision and/or order.

Any decision and/or order of the arbitrator shall be final and binding.

22.4 Automatic Advances
If, at any step in the grievance procedure, it is determined that the designated person who is to respond to the grievance does not have the authority to resolve the issue presented, the grievance automatically advances to the next line of authority as designated in the grievance procedure who does have the authority to respond.

22.5. Costs of Grievance Arbitration
The cost of the arbitration, including the arbitrator's fee, shall be shared equally by the employee and the City.

22.6. Time Limits
Time limits are considered an integral and important part of the grievance procedure and may not be waived except by mutual written consent of the parties. In the event that a grievant fails to carry their grievance forward within a prescribed time period, the grievance shall be considered settled without precedent based upon the decision rendered at the most recent step utilized and any right to pursue the grievance further shall be deemed waived and abandoned. 599
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

If a supervisor or manager fails to respond with an answer to a grievant within a given time period, the grievant may proceed to the next higher level of the grievance procedure.

23. Disciplinary Procedure

23.1. Purpose

23.1.1. To provide employee subject to disciplinary actions with all rights to which they are entitled under the Constitution of the United States, the Constitution of the State of California, and State and Federal Law.

23.1.2. To provide an orderly procedure for notice, pre-action response hearing, and a formal hearing on appeal after disciplinary action.

23.1.3. To provide sworn employees with the opportunity for administrative appeal pursuant to the California Government Code section 3300, et seq.

23.1.4. To provide civilian employees with the opportunity for administrative appeal.

23.1.5. To correct deficiencies in employee performance and to assure improvement to meet job standards.

23.2. Employee Representation
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Memorandum of Understanding
West Sacramento Police Officer's Association
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23.2.1. Employees may have a representative present at all stages of the disciplinary process provided that the representative is not a party to the action.

23.3. Definitions

23.3.1. Non-Disciplinary Corrective Actions
Corrective measures of a non-disciplinary nature taken by the Chief of Police or Director of Community Development, as appropriate, or an immediate supervisor including counseling and training sessions, documented oral counseling sessions and oral reprimands.

23.3.2 Disciplinary Actions
Actions taken by the Department that could result in discharge, demotion, reduction in pay as a punitive action, suspension from duty without pay, written reprimand or transfer for the purposes of punishment.

23.3.3. Response Meeting
An informal meeting in which the employee has the opportunity to respond to charges prior to action.

23.3.4. Hearing
A formal hearing held following an appeal of an employee of action taken by the Chief of Police or Director of Community Development, as appropriate.

23.3.5. Notice
Notice shall be given by personal delivery or by certified mail. If there is a refusal to accept certified mail, notice shall be deemed received on date of refusal. 601
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West Sacramento Police Officer's Association
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23.4. Time Limits
Time limits specified throughout this procedure shall be strictly observed. Time limits may be modified only by mutual agreement of the parties in writing. Said time limits are mandatory, not discretionary.

23.5. Exclusive Procedure
This procedure shall be the exclusive procedure for appealing disciplinary actions against employees. For sworn employees, nothing in this section is intended to provide a lesser remedy than that which is available pursuant to the Peace Officer Bill of Rights.

23.6. Non-Disciplinary Corrective Actions
When the Chief of Police or Director of Community Development, as appropriate, determines more severe action is not necessary, they may orally or in writing communicate to the employee the deficiency or problem observed. The communications may be designated as counseling and training sessions, documented oral counseling sessions or oral reprimands. Although considered non-disciplinary in nature, a failure to correct identified deficiencies may lead to disciplinary action. The disciplinary action may reference any and all prior attempts of the supervisor or Chief of Police or Director of Community Development, as appropriate, to correct the employee’s deficiency.

23.6.1. Non-Disciplinary Corrective Actions are excluded from the appeal procedure for disciplinary actions.

23.7 Written Reprimands
A Written Reprimand may be issued by the Chief of Police or Director of Community Development, as appropriate, or, by an immediate supervisor. 602
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23.7.1 A copy of the reprimand shall be placed in the employee's personnel file after the employee signs an acknowledgment of receipt and a copy is given to the employee. Failure to correct deficiencies and improve to meet standards may result in further discipline including suspension, reduction in pay, demotion, and discharge.

23.7.2. In the event that an employee is issued a written reprimand, the Department need not provide pre-disciplinary notice.

23.7.3. A written reprimand issued by a supervisor shall be appealable only to the Chief of Police or Director of Community Development, as appropriate. A written reprimand issued by the Chief of Police or Director of Community Development, as appropriate, shall be appealable only to the City Manager. The appeal shall be made in writing and provided to the appropriate party within ten (10) days of the receipt of the written reprimand. Appeal of written reprimands are excluded from the below appeal procedure for disciplinary actions.

23.8. Notice

23.8.1. The employee shall be given written notice of a proposed disciplinary action as herein defined, except written reprimand, seven (7) days in advance of the date of the response meeting.

23.8.2. 603
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01/01/2022 2024 – 12/31/20232024

An employee may be placed on administrative leave with pay or temporarily reassigned without loss of pay pending investigation regarding the facts giving rise to the potential need for discipline.

23.8.3. Prior to a disciplinary action, other than written reprimand, the City shall provide the employee with the following:
a. The reasons for the proposed action.
b. A copy of the charges and recommended action.
c. Notice that the employee is entitled to an opportunity to respond to the charges orally or in writing, or both, personally or with a representative which may be an attorney, at the meeting with the Chief of Police or Director of Community Development, as appropriate.
d. The date and the time of the response meeting with the Chief of Police or Director of Community Development, as appropriate, during which the employee and their representative shall have an opportunity to refute the charges or present facts which may not be known to management.
e. Notice that if the employee fails to participate in the response meeting, the Chief of Police or Director of Community Development, as appropriate, may proceed to order action and the employee shall be deemed to have waived all rights to hearing or appeal from any action taken.

23.8.4. The notice shall be accompanied by copies of all material on which the charges and recommendations are based. If the materials are too voluminous to copy easily or are 604
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

confidential within the Public Records Act, the City shall provide a description of the materials and/or a reasonable opportunity will be given to inspect, summarize or make copies. a. The employee or authorized Association representative may copy and inspect their personnel file.
b. The employee or authorized Association representative may copy and inspect only the parts of other City records which the employee generated in their job, unless the Chief of Police or Director of Community Development, as appropriate, orders broader discovery.

23.9. Response Meeting

23.9.1. At the time and place set for the meeting giving employee opportunity to respond, the employee may respond orally and/or in writing, personally, or with a representative.

23.9.2. Neither the Chief of Police or Director of Community Development, as appropriate, nor the employee shall be entitled to call witnesses or take testimony.

23.9.3. At the meeting, the Chief of Police or Director of Community Development, as appropriate, may consider information contained in the charges and recommendations and other information, as well as information presented by the employee or his representative.

23.9.4. No new charges shall be introduced at the response meeting. If new information relating to new charges is proposed or, if a theory constituting a new ground or occurrence as basis for 605
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

discipline is alleged, the employee shall be entitled to a reasonable continuance to copy materials and respond to these new matters.

23.9.5. At the conclusion of the response meeting or within seven (7) days, the Chief of Police or Director of Community Development, as appropriate, shall issue an order, taking or determining not to take the action, and shall give written notice thereof to the employee, along with an explanation of the basis of the action and notice of the employee's right to appeal.

23.10. Appeal

23.10.1. If an employee has requested and participated in a response meeting with the Chief of Police or Director of Community Development, as appropriate, as set forth above, the employee shall have the right to a hearing before an arbitrator as provided in this Section.

23.10.2. No employee shall be penalized in any way for availing themself of or participating in the appeal process.

23.10.3. Filing of an appeal shall not stay the effective date of the order of disciplinary action.

23.10.4. A written demand for an appeal and hearing must be served on the City Manager by the employee or their representative within ten (10) days of receipt of the Chief of Police's or Director of Community Development’s order of disciplinary action. 606
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

23.10.5. The failure to serve written demand for hearing within the prescribed period shall be deemed a waiver of the right to a hearing and the order of disciplinary action shall be final. Said failure constitutes a failure to exhaust administrative remedies.

23.10.6. The demand for hearing shall include:
a. Specific grounds for review.
b. Copies of materials on which appeal is based, or if too voluminous, references to materials in the custody of the City.

23.10.7. The City Manager shall within ten (10) days of receipt of the demand request a date for a hearing which shall be held as soon as possible after the date of the demand for hearing.

23.10.8. The City Manager shall notify the parties in writing of the time and place of the hearing at least fourteen (14) days prior to the hearing.

23.10.9. An appeal through this procedure is the exclusive remedy and no such action shall be processed through the grievance procedure under any agreement or memorandum between the City and any employee organization.

23.10.10. 607
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

By three (3) days prior to the hearing, each party shall serve a list of witnesses and copies of all exhibits not previously provided on the other party. If additional witnesses or evidence are added after this date, the opposing party shall be entitled to reasonable continuance at the discretion of the arbitrator. If new allegations are brought out, the opposing party shall have the right to a reasonable continuance at the discretion of the arbitrator.

23.11 Hearing

23.11.1. The hearing shall be conducted as a full scale evidentiary hearing with full due process rights, including the rights to present witnesses, present evidence, cross examine opposing witnesses, the right to counsel and findings to support the decision.

23.11.2. The arbitrator will operate under the rules of proceedings developed by the City and the Association, unless such rules are in conflict with this Section, or the parties to this Agreement mutually agree to revise the rules of proceedings for cases falling under the jurisdiction of this agreement.

23.11.3. Within thirty (30) days of the conclusion of the hearing, the arbitrator shall render a written decision, which shall be provided to both parties. The decision of the Arbitrator shall be final.

23.12. Arbitrator Selection

23.12.1. The following procedure shall be used to select, notify, and schedule a hearing to be conducted by an impartial hearing officer under either the grievance procedure (Level IV or V) or the disciplinary appeals procedure for disciplinary actions. 608
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

23.12.2. An arbitrator may be mutually agreed upon by the two parties. If they fail to agree upon an arbitrator within ten (10) working days, the Division of Conciliation of the State of California Department of Industrial Relations shall be requested to submit a list of five (5) arbitrators, and from such the grievant and the City shall promptly select the arbitrator by the alternate striking of names commencing with the employee, from said list.

23.12.3. Upon receipt of the name of the selected hearing officer, the City Manager shall contact the arbitrator and arrange for the earliest hearing date available with regard to the schedules of the neutral and parties' advocates. Should the neutral's calendar preclude a hearing date within sixty (60) days, the City Manager may require the parties to strike names for a replacement hearing officer.

23.12.4. The cost of arbitration, including the arbitrator's fee and cost of a reporter, shall be shared equally by the employee and the City. If a transcript of the proceedings is requested, the party making such request shall pay the cost.

23.13. Probationary Employee
Nothing in this Section shall create a right of appeal as to the discharge of a probationary employee.

24. No Strikes/No Lockout

24.1 No lockout of employees shall be instituted by the City during the terms of the MOU. 609
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

24.2 The Association agrees that during the terms of the MOU neither it nor its officers, employees, or members will engage in, encourage, sanction, or suggest a strike, work stoppage, slow down, mass resignation, sick out, strike picketing, or other concerted activities or actions tending to disrupt City services or involve suspension or substantial interference with the normal work of the City.

24.3 In the event that Association members participate in such activities in violation of Section 24.2, the Association shall notify those members so engaged to cease and desist from such activity and shall instruct the members to return to their normal duties.

24.4 In the event that the Association, its representative, or any member of its executive board engages in, encourages, sanctions, or suggests any of the actions set forth in Section 25.2, the City reserves the right to take whatever action is deemed necessary and legal.

25. General Provision

25.1. Integration
This MOU constitutes the entire agreement between the parties and concludes meeting and conferring on any subject, except as provided herein, or as otherwise mutually agreed upon, whether included in the MOU or not.

25.2 Prior Agreements
It is agreed that the terms and conditions of the MOU itself shall constitute the whole of the agreement between the parties thereto, and that the terms and conditions of this MOU shall supersede all earlier proposals, conversations, practices or oral or written agreements 610
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

constituting any portion of the meet and confer process or other discussion leading up to this MOU.

25.3. Other Matters
The parties agree that no agreement was reached on other matters discussed and that the City is not obligated to make any changes or take any action regarding them. The City reserves the right to make organizational changes with notice to the Association.

25.4. Alteration
No alteration or variation of the terms of this Agreement shall be valid unless make in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

25.5. Severability
If any provision of the MOU is determined to be invalid by operation of law, or by any tribunal of competent jurisdiction or, if compliance with or enforcement of such provision is restrained by any tribunal, the remainder of this MOU shall not be affected thereby. If any portion of this MOU is so held to be invalid, or if compliance with any provision is restrained, the City is authorized to take immediate action to achieve compliance with the laws, provided that the City shall give notice to the Association prior to such action and the City shall provide the Association with an opportunity to meet and confer within thirty (30) days after any determination of invalidity or service of a restraining order, for the purpose of arriving at a mutually satisfactory replacement for such article or section.

25.6. Implementation
The City Council will amend its written policy and take such other action by resolution or otherwise as may be necessary in order to give full force and effect to the provisions of this MOU.

The provisions of the MOU, except as provided herein, shall be superseded by City ordinances 611
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024

and resolutions currently in effect for the term of this MOU to the extent that they are inconsistent with the provisions of the MOU.

25.7. Term
Except as set forth in this document, the MOU shall become effective January 1, 20222024, following ratification by the Association and adoption by the City Council and shall remain in full force and effect to and including December 31, 20232024. The parties agree to begin bargaining for a successor MOU by October 31, 20232024.

25.8 Waiver
The waiver by the City or any of its officers or employees or the failure of the City or any of its officers or employees to take action with respect to, any right conferred by, or any breach of any term, covenant, or condition of this agreement shall not be deemed to be a waiver of such a term, covenant, or condition or subsequent breach of the same, or of any other term, covenant, or condition of this agreement.

25.9. Meetings
During the term of this agreement the City agrees to meet with the representatives of the Association at least bi-annually to discuss areas of mutual concern.

Dated: ____________________________
Martha Guerrero, Mayor
City of West Sacramento
612
Memorandum of Understanding
West Sacramento Police Officer's Association
01/01/2022 2024 – 12/31/20232024
Page lxxii
Robert Brazier, President
West Sacramento Police Officers’
Association
Jeff Carter, Labor Consultant
Mastagni Law
613
City of West Sacramento
Benefits Summary
WEST SACRAMENTO POLICE OFFICER'S ASSOCIATION (Civilian) Police Records Technician I/II/Senior, Community Services Officer I/II/Senior, Code Enforcement Officer I/II/Senior, Crime Scene Investigator I/II/III, Property & Evidence Technician I/II, Youth Counselor, Crime Analyst I/II/Senior, Police Services Coordinator TERM OF AGREEMENT: 01/01/2024 - 12/31/2024
Agency Shop: Yes.

Alternate Work Schedule: Alternate work schedule of 4-10 or 9-80 as approved by the Chief.

Association Time Bank: All employees contribute ½ hour of vacation time during the first full payperiod that begins in January of each year to an Association Time Bank.

Auto Allowance: None
Bereavement & Reproductive
Loss Leave:

See Personnel Rules.

Bilingual Pay: Employees possessing and utilizing bilingual skills on duty shall receive an additional 5% of their hourly rate of pay. The number of individuals to receive this pay, the languages eligible, and the qualification requirements will be determined by the City.

Call Back: Paid minimum of 2 hours at 1-1/2 regular rate of pay.

Career Enchancement &
Wellness:

The City will reimburse up to one thousand dollars ($1000) per fiscal year to all eligible employees (pro-rated for new hires) for materials and fees for career enhancement & wellness activities.

Deferred Compensation: Voluntary
Educational Incentive Program: 2.5% for Associate’s Degree OR 5% for a Bachelor’s Degree; and 2.5% for a Master’s Degree.

Maximum educational incentive is 7.5%.

Fitness Center: All civilian employees may workout at the department or the City’s recreation facility at no cost.

Holidays: All members earn 112 hours of holiday time per calendar year (12 listed holidays plus 2 floating holidays) to be used as time off. The holiday time can be taken at any time after it is earned (the pay period in which the holiday occurs or July 1 for floating holidays). Upon separation, employees are only entitled to payout for any unused floating holiday time. Upon retirement, employees are entitled to cash out all unused holiday time at their separation rate of pay. Upon resignation, layoff or lawful termination, employees are not entitled to any payout for unused holiday time (no cash out).

Longevity: Completion of 10th year of service = 2.5%; Completion of 15th year of service = additional 2.5% for total of 5%.

Long-Term Disability: Voluntary
Management Leave: None
Meal Allowance: An additional 30-minute meal allowance will be provided if overtime exceeds 2 hours. 614
City of West Sacramento
Benefits Summary
West Sacramento Police Officer's Association (Civilian) 01/01/2024 – 12/31/2024

Medical and Dental After
Retirement:

For employees and retirees hired before 7/1/2018: The premiums will be paid, indexed to the CalPERS PORAC rate depending on coverage tier selected, not to exceed the level paid to active employees of associated coverage tier.
10-14 years of service = $50 + 25% of premiums
15-19 years of service = $75 + 30% of premiums
20 or more years of service = $100 + 50% of premiums
Benefit never to exceed 75% of total premium or seven hundred fifty dollars ($750), whichever is less.

For employees hired after 6/30/2018: The City’s maximum monthly medical contribution for each eligible retiree shall be equal to the minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA). In addition to the PEMHCA minimum, employees will receive the following contributions to their Retiree Health Savings account:
• From zero (0) to five (5) years of service, employees shall receive twenty-five ($25) per month in to be deposited to the employee’s RHS account • After completion of five (5) years of continuous service with the City, employees shall receive one hundred dollars ($100.00) per month to be deposited into their RHS account.
• After completion of ten (10) years of continuous service with the City, employees shall receive one hundred and fifty dollars ($150.00) per month to be deposited into their RHS account.
• After completion of twenty (20) years of continuous service with the City, employees shall receive two hundred dollars ($200.00) per month to be deposited into their RHS account.

Employees who terminate City service for reasons other than retirement or layoff prior to ten (10) years of continuous service with the City will forfeit any City contribution. 615
City of West Sacramento
Benefits Summary
West Sacramento Police Officer's Association (Civilian) 01/01/2024 – 12/31/2024

Medical, Dental, Life and Vision
Insurance:

All POA employees receive a set dollar amount to purchase beneftis (cafeteria plan). Health plans are offered through the CalPERS medical program (PEHMCA) using the unequal, minimum contribution methodology. Dental plan is through Delta Dental. Vision plan is through Vision Service Plan (VSP). The life insurance is a $16,000 term life insurance with $1,000 coverage for a spouse and children aged 6 months to 23 years, and $100 coverage for children aged 14 days to 6 months.

The employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as follows:
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed one hundred percent (100%) of the PORAC plan for employee only and the cost of employee only dental and vision per month. • Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed eighty-five percent (85%) of the PORAC plan for employee plus one and eighty-five percent (85%) of the cost of employee plus one dental and vision per month.
• Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed eighty-five percent (85%) of the PORAC plan for employee plus two or more and eighty-five percent (85%) of the employee plus two or more dental and vision plans per month.

In no event shall the contribution exceed 100% of the selected plan premium cost including dental and vision.

Effective the pay period after ratification and inclusive of approval by the City Council in January 2024, the employer contribution toward a cafeteria plan amounts for employees to apply toward health benefits (medical, dental and vision) shall be as listed below. The employee must purchase dental, vision and life (if applicable) at the employee only level at minimum.
• Employee only: City will pay up to actual premium amount of medical, dental, and vision for employee only, not to exceed $1,075 per month. • Employee plus one: City will pay up to actual premium amount of medical, dental, and vision for employee plus one, not to exceed $1,822 per month. • Employee plus two or more: City will pay up to actual premium amount of medical, dental, and vision for employee plus two or more, not to exceed $2,377 per month.

In no event shall the City contribution exceed 100% of the selected plan premium cost including dental and vision.

Medical, Dental and Vision
Insurance Share the Savings
(Opt Out):

Employees hired before 7/1/18: Employees who choose not to participate in any of the City’s medical plans (opt out) and show proof of health care coverage shall receive four hundred seventy five dollars ($475) per month. In addition, the City will pay 100% of the premiums for basic dental and basic vision up to the family rate depending on coverage selected.

Employees hired after 6/30/18: Employees who choose not to participate in any of the City’s medical plans (opt out) and show proof of health care coverage shall receive four hundred, seventy five ($475). In addition, the City will pay 100% of the premiums for basic dental and basic vision up to the employee only rate. Employees can purchase up to the family rate with the opt out funds.
616
City of West Sacramento
Benefits Summary
West Sacramento Police Officer's Association (Civilian) 01/01/2024 – 12/31/2024

Non-PERSable Retention Pay: Effective the payroll period after ratification and inclusive of approval by the City Council in January 2024, all employees will receive a one-time, non-PERSable lump sum signing bonus of one-thousand and five hundred dollars ($1,500).

Effective pay period inclusive of December 1, 2024, all employees will receive a one-time, nonPERSable lump sum retention bonus payment of three thousand dollars ($3,000).

Off-Duty Court Time: Paid at 1-1/2 regular rate of pay for a minimum of 4 hours. Applies to hours that are noncontiguous to the employee's regular duty hours.

On-Call/Stand-by: $4.00 per hour. If called out, paid at 1-1/2 regular rate of pay for a minimum of 2 hours of work.

Overtime: 1-1/2 times regular rate of pay (either 8, 9 or 10 hour days). Overtime to be taken in cash or CTO. CTO not to accrue in excess of 80 hours. All accrued CTO to be paid off at termination.

An employee may only use or cash out compensatory time off during the calendar year in which it is earned. All accrued and unused compensatory time off balances will be cashed out on the last pay date of each calendar year so that the employee’s compensatory time off account is reduced to a zero balance. No unused compensatory time off hours may be carried over to a subsequent calendar year. No compensatory time off can be elected for overtime worked during the last pay period of the calendar year.

Probationary Period: 12 months.

Records Trainer Differential: A Records Trainer, while actually training a new Police Records Technician for the Department will be compensated an additional 5% of their hourly rate of pay for every training day. Record Trainers are expected to perform their training duties during their normal tour of duty and will not receive overtime for training duties unless specifically authorized by the Chief of Police or their designee. A Records Trainer called upon to act in the capacity of a supervisor will be compensated an additional 5% of their hourly rate of pay after working one (1) regular work shift (eight (8), nine (9) or ten (10) consecutive hours) in the supervisory capacity. During these periods, the Records Trainer will have the same authority and responsibility as the supervisor they replace. The Records Trainer training compensation will not be compounded with the supervisory compensation.

Code Enforcement Officer
Trainer Differential:

A Code Enforcement Officer Trainer, while actually training a new Code Enforcement Officer for the Department will be compensated an additional 5% of their hourly rate of pay for every training day. Code Enforcement Officer Trainers are expected to perform their training duties during their normal tour of duty and will not receive overtime for training duties unless specifically authorized by the Director of Community Development or their designee.

Retiree Health Savings: The City shall contribute $15 per pay period on behalf of each employee hired before 7/1/2018 to the VantageCare Retiree Health Savings plan. The Association may set or adjust the employee contribution amount annually by November 15th. 617
City of West Sacramento
Benefits Summary
West Sacramento Police Officer's Association (Civilian) 01/01/2024 – 12/31/2024

Retirement: For employees hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and who are not eligible for reciprocity with another California public retirement system as defined by the Public Employees’ Pension Reform Act (PEPRA), and are not a rehire who is formerly a classic member, the retirement formula will be 2% @ 62 in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA) and includes highest thirty-six months for final compensation determination and Unused Sick Leave Credit. Employee pays entire contribution as determined by CalPERS on a pre-tax basis.

For employees hired between February 11, 2012, and December 31, 2012, or classic members as defined by CalPERS, the retirement formula shall be the 2% @ 60 formula, highest thirty-six months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service, and Unused Sick Leave Credit. Employee pays entire 7% employee contribution on a pre-tax basis.

For employees hired before February 11, 2012, the retirement formula shall be the 2.5% @ 55 plan, includes highest thirty-six months for final compensation determination, 1959 Survivor's Benefit (3rd Level) and Unused Sick Leave Credit. Employee pays entire 8% employee contribution on a pre-tax basis.

New employees covered by a public retirement system with reciprocity (i.e., 37 Act), will be placed in the 2% @ 60 plan, in accordance with PEPRA..

Safety Equipment: Department issue
Salary Increases: Effective the first payroll period after ratification and inclusive of approval by the City Council, employees shall receive a general salary increase of five percent (5.0%).

Shift Differential: A civilian employee shall receive a night shift differential of five percent (5%) of their hourly rate of pay as additional compensation if more than one-half (.5) of their standard workday is before 8:00 a.m. or after 5:00 p.m.

Sick Leave: 12 days per year. Unlimited accumulation. Up to 50% payoff of hours at separation rate of pay at retirement, layoff or death and remaining hours reported to CalPERS as additional service credit – OR – 100% of hours to be reported to CalPERS as additional service credit.

Unfunded Liability: Employee contributes $10 per month to be used to reduce the unfunded liability for retiree medical.

Uniform Allowance: When hired, an employee shall be directed to the appropriate vendor(s) where they will obtain the required uniforms and/or equipment, which will be paid for by the City directly to the vendor(s).

Vacation: 1-5 yrs = 10 days; 6-10 yrs = 15 days; 11-19 yrs = 20 days; 20+ yrs - 25 days. Effective 7/1/2014, maximum accumulation to 19 years of service = 240 hours per year; maximum accumulation 20+ years of service = 300 hours per year. Total payoff at separation.

Annually through December 31, 2024, eligible employees will have the opportunity to sell back unused accrued vacation hours. To be eligible for the vacation sell back program, the employee must use a minimum of 40 hours of accrued leave time (not including sick leave or paid holidays) in the calendar year and submit a request form by December of that calendar year, which will be paid in January of the following year. Eligible employees may sell back up to 80 hours of accrued vacation time in the second pay period of January each calendar year. The decision by an employee to cash out vacation hours is irrevocable. The hours shall be converted to a dollar amount based on the employee’s regular rate of pay at the time of buy back.

Employees in this group should refer to the City Personnel Rules or Memorandum of Understanding for further information on Employer/Employee relations, personnel practices, and terms and conditions of employment. 618
City of West Sacramento
Benefits Summary
WEST SACRAMENTO POLICE OFFICER'S ASSOCIATION (Sworn)
Police Officers & Police Sergeants
TERM OF AGREEMENT: 1/1/2024 – 12/31/2024
Agency Shop: Yes
Association Time Bank: All employees contribute ½ hour of vacation time during the first full pay period that begins in January of each year to an Association Time Bank.

Auto Allowance: None
Bereavement & Reproductive
Loss Leave:

See Personnel Rules.

Bilingual Pay: Employees possessing and utilizing bilingual skills on duty shall receive an additional 5% of their hourly rate of pay. The number of individuals to receive this pay, the languages eligible, and the qualification requirements will be determined by the City.

Call Back: Paid minimum of 2 hours at 1-1/2 regular rate of pay.

Career Enchancement &
Wellness:

The City will reimburse up to one thousand dollars ($1000) per fiscal year to all eligible employees (pro-rated for new hires) for materials and fees for career enhancement & wellness activities.

Deferred Compensation: Voluntary.

Educational Incentive Program
& POST Certificates:

Upon verification, employees shall receive four point two five percent (4.25%) of their hourly rate of pay for a Bachelor’s degree.

Upon verification, employees shall receive an additional two and one-half percent (2.5%) of their hourly rate of pay for a Master’s degree.

Maximum incentive under Educational Incentive Program is six point seven five percent (6.75%).

Upon verification, employees shall receive four point eight five percent (4.85%) of their hourly rate of pay for an Intermediate POST certificate.

Upon verification, employees shall receive an additional five percent (5%) of their hourly rate of pay for an Advanced POST certificate.

Maximum incentive under POST Certificate Incentives is nine point eight five percent (9.85%).

The incentives Education Incentive Program and POST Certificate Incentives shall be cumulative and not compounded. The maximum incentive under these sections shall be sixteen point six percent (16.6%).

Fitness Incentive: $27.50 per pay period for personnel who meet specified criteria.

FTO Pay: Additional 5% of their hourly rate of pay for all regular hours worked.

Holidays: All members will earn one hundred and twelve (112) hours of holiday time per calendar year (the 12 listed holidays in Section 16.1.1 plus 2 floating holidays) to be used as time off. Holiday time can be taken at any time after it is earned (the pay period in which the holiday occurs or July 1 for floating holidays). Upon separation, employees are only entitled to payout for any unused floating holiday time. Upon retirement, employees are entitled to cash out all unused holiday time at their separation rate of pay. Upon resignation, layoff or lawful termination, employees are not entitled to any payout for unused holiday time (no cash out).

K-9 Pay: Paid at one-and one-half Officer’s regular rate of pay for 30 minutes per day, 7 days per week.

City will also reimburse for purchase of dog food, grooming supplies and veterinary expenses for service related injury or illness including routine examinations and vaccinations. 619 City of West Sacramento
Benefits Summary
West Sacramento Police Officer's Association (Sworn)
1/1/2024 – 12/31/2024