West Sacramento City Council
August 21, 2024

1. RECITALS

1.1. This memorandum of Understanding is entered into by and between the City of West Sacramento, hereinafter referred to as the "CITY" and Local 522, hereinafter referred to as the "Local 522."

1.2. The City Council, or its designated agent(s) shall represent the City.

1.3. Local 522, or its designated agent(s) shall represent the employees in the bargaining unit represented by Local 522.

1.4. The City recognizes Local 522 as the sole and exclusive bargaining agent for all full-time employees of the City who are in the Firefighter, Fire Engineer, and Fire Captain classifications.

1.5. This Memorandum of Understanding shall be binding upon any successor employee organization, which is designated by Local 522 during the term of this agreement as their representative of the members of which they have been designated to represent. Recognition by the City of any successor employee organization to Local 522 shall be based upon that organization's adherence to all provision(s) of this agreement.

2. MANAGEMENT RIGHTS
Except as otherwise limited by a specific term of a labor 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 schedule working hours and assign work.
• To establish, modify, or change work schedules or standards. • To direct the workforce, including the right to hire, assign, promote, demote, or transfer an employee.
697
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

• To determine the location of all work assignments and facilities. • To determine the layout and the machinery, equipment or materials to be used. • To determine processes, techniques, methods and means of all operations, including changes, allocations, or adjustment 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 and duration of shifts. • 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 to 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 of appeal. • To establish, modify, determine, or eliminate job classifications and allocate City positions to such classification.
• 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.
698
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

• To take all necessary actions to prepare for and carry out its mission in emergencies. • To contract or subcontract construction, services, maintenance, distribution, or any other work with outside public or private entities.
• No Arbitrator shall have the authority to diminish any of the City rights included in this section.

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

3. LOCAL 522 RIGHTS

3.1. Financial Reports
Upon request, Local 522 shall annually submit copies of a financial report similar to that required by the Labor-Management Disclosure Act of 1959, to the City’s Human Resources Manager.

Copies of such reports shall be available to employees at the offices of Local 522.

Failure to file such a report within one hundred (100) days of the close of the Local 522’s fiscal year shall result in the termination of all dues deductions, without jeopardy to any employee, until said report is filed.

3.2. Payroll Deductions
The City shall deduct Local 522 dues, initiation fees, assessments, and associated provided insurance from each pay check. The City shall promptly pay to the designated payee all sums so deducted.

3.3. Hold Harmless
Local 522 shall indemnify and hold harmless the City, its officers and employees harmless 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 from its own funds Local 522 Association dues, initiation fees, assessments and association provided insurance.

3.4. Local 522 Release Time
699
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Local 522 shall have a reasonable amount of release time for labor negotiations with the City and associated meetings and for employee/employer relations’ matters involving the City and Local 522.

For other Local 522 business, a union time bank has been established. The bank will allow designated representatives to utilize time for the sole purpose of performing or conducting Local 522 activities, subject to the following conditions:

1. Employees may donate only vacation, CTO or holiday hours from their accrued leave balance to the bank. Such donation shall be voluntary, non-revocable and not returnable to the employee. An employee must complete a voluntary donation form to allow the deduction of hours. Effective the first full calendar quarter following final approval of this MOU, donations will only be allowed during the first two weeks of each calendar quarter (i.e. January, April, July and October.)

2. The maximum number of hours any member shall donate is twenty-four (24) hours per calendar year. Upon receipt of the voluntary donation form, Human Resources will immediately add those hours to the union time bank. The union time bank will be maintained by the Human Resources Division. Human Resources will provide a semi-annual report on bank transactions to the West Sacramento Unit Representative, Local 522.

3. Use of the union leave bank shall be approved through the department’s normal leave request process and shall not be unreasonably denied.

4. When the designated representative takes approved leave, the union time bank will be charged an hour and a half for each hour an employee’s replacement is required to work, if needed. If no employee overtime is needed, the deduction will be on an hour-to-hour basis.

5. Union leave is authorized only to the amount of credit existing in the bank. The remaining unused amount in the bank on December 31stshall be carried over into the next calendar year.
700
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

6. Local 522 shall indemnify and hold the City harmless from any liability resulting from any and all claims, demands, suits or any other action arising from compliance with this section or in reliance on any documentation furnished under this section.

7. The City shall provide 400 hours annually for the President, Vice President or other Officers or Directors of the Union of temporary time off with pay, for the purpose of investigating grievances; disciplinary matters; employer/employee training; attending to organization training sessions; seminars; business meetings; elected board meetings; conventions and/or conferences. Sufficient advance notice shall be provided to the Department so that release time may be arranged. Release time for all of the above meetings shall be subject to the scheduling needs of the department.

The unused hours may roll over annually as of September 1; the maximum amount of hours banked shall be 600 hours.

3.4.1. Use of Release Time
Use of Local 522 release time is subject to reasonable advance requests. Such request shall be to the Battalion Chief. Approval of the release time must be received before the employee uses the time. The department shall reasonably grant or deny release time based upon legitimate operating needs.

3.5. Meetings
Local 522 shall have the right to reasonable use of City facilities for meetings upon timely written or oral application stating the purpose of such use. Such use shall not interfere with the regular course of doing business.

4. NO STRIKE PROVISION

4.1. Job Action
The officers, agents, representatives, and/or members agree that during the term of this agreement they will not honor any job action by any other employee(s) or recognize a picket line of a labor organization while in the course of the performance of their official duties. 701
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

4.2. Local 522 Responsibility
In the event of an unauthorized job action, as specified in 4.1 above, the City agrees that there will be no liability on the part of Local 522 provided the employee organization promptly and publicly disavows such unauthorized action, immediately orders the employees to resume work, and attempts to bring about a prompt resumption of normal operations, and provided, further that Local 522 notified the City in writing within forty-eight (48) hours after the commencement of such job action, as to the measures it has taken to comply with the provisions of this agreement.

4.3. Disciplinary Action
Should Local 522 fail to adhere to, or in any way violate the "No Strike Provision" in this agreement, the City may, in addition to any lawful remedies or disciplinary actions available, suspend any and all of the rights and privileges accorded Local 522 under any resolution, rule, or regulations of the City or any Memorandum of Understanding with Local 522, including, but not limited to, the suspension of recognition of Local 522.

5. NON-DISCRIMINATION PROVISION
No person in the employment of the City or seeking employment thereby shall be appointed, reduced, or removed, or in any way favored or discriminated against because of race, religion, color, sex, gender, sexual orientation, national or ethnic origin, ancestry, citizenship status, uniformed member status, marital status, pregnancy, age, medical condition (cancer or HIV/AIDS related), genetic characteristic and physical or mental disability (actual or perceived) or political affiliation. The City has adopted Affirmative Action and Sexual Harassment policies to help ensure fair employment practices. The City shall ensure that all employment practices are in compliance with the Americans with Disabilities Act.

6. SICK LEAVE

6.1. Sick leave is defined as the absence from duty by an employee because:

6.1.1. Their own illness or injury or exposure to a contagious disease incapacitates such employee from their duties.
702
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

6.1.2. Their own medical or dental appointment(s).

6.1.3 Employee is a victim of domestic violence, sexual assault, or stalking, and needs to obtain or attempt to obtain any relief per Labor Code subdivision (c) of Section 230 and subdivision (a) of Section 230.1.

6.1.4. They must care for a member of their family because of illness, injury or exposure to a contagious disease and when the care of such employee is definitely required, or for their family member's medical or dental appointments.

6.1.4.1. As used in this subsection, "family" means husband, wife, domestic partner, child, brother, sister, parents, grandparents or spouse's parents, brother in law, sister in law or grandparents. "Child" is defined as a biological, foster, or adopted child, a stepchild, a legal ward or a child of a person standing "in loco parentis" (refers to a person who has put themselvesin the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption.

6.1.4.2 Sick leave may be taken by an employee for the attendance upon a member of their immediate family because of illness, injury, or exposure to contagious disease and when attendance of such employee is definitely required, or for their family member’s medical or dental appointments.

6.1.5. Employee must care for a “designated person”. A “designated person” means a person identified by the employee at the time the employee requests paid sick days. An employee is limited to one (1) designated person per 12-month period for paid sick days.

6.2. The Fire Chief or designee, may request a doctor's certificate as proof of necessity for absence in excess of four (4) consecutive shifts (96 hours) 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.
703
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

6.3. Personnel assigned to the forty-eight (48)/ninety-six (96) schedule shall earn sick leave at the rate of one-half (1/2) shift per month.

6.4. Unit personnel assigned to forty (40) hour work schedules shall have their leave converted. 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).

6.5. In the event of an employee’s death or layoff, up to fifty percent (50%) of accumulated sick leave will be paid off. At retirement, an employee has two (2) options regarding their accumulated sick leave. The employee can choose up to fifty percent (50%) cash-out, the remaining percent of the employee’s unpaid accumulated sick leave is reported to CalPERS for additional service credit OR in lieu of receiving any cash-out, the employee may choose to have one hundred percent (100%) of the accumulated sick leave reported to CalPERS.

6.6. An employee who is incapacitated due to serious illness or injury while on vacation leave shall have such time charged against sick leave when they promptly notify their supervisor and substantiate such request upon return to normal duty.

7. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE

7.1 Each employee shall be granted bereavement leave with pay up to two (2) work shifts in the event of the death of a member of the employee's immediate family.

7.1.1 An additional two (2) work shifts may be taken; however, this additional time shall be charged against the employee’s sick or other leave time.

7.1.2 The days of bereavement leave need not be consecutive. The bereavement leave shall be completed within three months of the date of death of the family member or close relative unless otherwise authorized by the Fire Chief or designee.

7.1.3 The employee, if requested by the Fire Chief or designee, within 30 days of the first day of the leave, shall provide documentation of the death of the family member.

Documentation includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. 704
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

7.1.4 For the purpose of this section, "immediate family" shall be defined as:
• Parents (means a biological, foster, or adoptive parent, a parent-in-law, a step-parent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child)
• Spouse
• Registered domestic partner
• Children (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a registered domestic partner, or a person to whom the employee stands in loco parentis)
• Sibling (means a person relate to another person by blood, adoption, or affinity through a common legal or biological parent)
• Mother-in-law, father-in-law, daughter-in-law, and son-in-law • Grandparent
• Grandchild

7.1.5 In the case of the death of other close relatives, the employee shall be granted time off with pay for one (1) work shift.

7.1.5.1 Other close relatives include the employee's:
• Brother-in-law
• Sister-in-law
• Step-brother
• Step-sister
• Aunt
• Uncle

7.1.5.2 Additional time off with pay may be granted by the City when an employee's emotional condition warrants such consideration, however, such additional time off shall be subtracted from the employee's sick or other leave time.

7.2 Reproductive Loss Leave
When a reproductive loss event is experienced by an employee the City will provide time off, 705
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

with pay, up to up to two (2) work shifts per loss event. One (1) additional work shift may be taken per loss event; however, this additional time shall be charged against the employee’s vacation, floating holiday, or sick leave accruals, as designated by the employee, or taken without pay if no leave time exists.

7.2.1 The days of reproductive loss leave need not be consecutive. The leave shall be completed within three months of the date of the reproductive loss event.

7.2.2 If an employee suffers more than one (1) reproductive loss event within 12 months, they are entitled to 24 work shifts of leave total, where up to 16 works shifts may be City provided time off.

7.2.3 Definitions:
• Reproductive loss event: the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
• Assisted reproduction: a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation; it does not include any pregnancy achieved through sexual intercourse.

Reproductive lossis defined as a:
• Failed adoption: the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
 This event appliesto a person who would have been a parent of the adoptee if the adoption had been completed.
• Failed surrogacy: the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
 This event applies to a person who would have been a parent of a child born as a result of the surrogacy.
• Miscarriage: a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child 706
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

born as a result of the pregnancy.
• Stillbirth: a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
• Unsuccessful assisted reproduction: an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure.  This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

7.2.4 Documentation
The employee is not required to provide any documentation supporting their request for reproductive loss leave.

7.2.5 Coordination withOther Leaves
If, prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave from work pursuant to Government Coded Sections 12945, 12945.2, or any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three months of the end date of the other leave.

7.3 For section 7.1 and 7.2, one (1) workday (e.g., 8 or 10 hours) for employees on a 40-hour work week schedule is equivalent to a one-half (1/2) shift.

8. VACATION

8.1. General Provisions
707
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

The City has adopted the applicable Lexipol Policy which provides a procedure for employees to schedule vacations and holidays.

8.2. Accumulation of Vacation Leave
Vacation leave is accrued yearly, and is computed on the basis of the employee's hire date as a full-time employee.

Annual vacation leave may not be accumulated; it must be used from year to year as accumulated, except as otherwise provided herein.

8.2.1 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.

8.3. Scheduling Vacations
No more than three (3) members of each shift may be on vacation, holiday or CTO at a single time; however, during periods where sufficient staffing is available to provide adequate fire protection, the Fire Chief may authorize more than three (3) employees to be on vacation at the same time.

Priority of vacation selection shall be by department seniority, without regard to rank.

8.3.1 Vacation Change
Employees may move their vacation to another shift upon request and approval by a Battalion Chief or designee.

8.4. Vacation Accrual Schedule
Year of Service * 56-hour Employee Accrual Rate
Per Pay Period**
Maximum Vacation Shifts
Accrued During Service Year ***
1st 5.538 6
2nd 5.538 6
708
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

3rd 5.538 6
4th 5.538 6
5th 5.538 6
6th 8.308 9
7th 8.308 9
8th 8.308 9
9th 8.308 9
10th 8.308 9
11th + 11.076 12
* 1st year of service is from 56-hour employee hire date to first anniversary. 2nd year of service is from first anniversary to second anniversary. Subsequent service years follow this pattern. ** Unit personnel assigned to forty (40) hour work schedules shall have their leave converted pursuant to Appendix A.
*** Service years do not correspond with calendar years for all employees. Number of shifts available at time of December Vacation Picks will vary depending on hire date. For example, an employee hired on January 1, 2012 would accrue 6 shifts in 2012 and have 6 shifts available to use in 2013; an employee hired on April 1, 2012 would accrue 4.5 shifts and have 4.5 shifts available for use in 2013; an employee hired on July 1, 2012 would accrue 3 shifts and have 3 shifts available for use in 2013; and, an employee hired on October 1, 2012 would accrue 1.5 shifts and would have 1.5 shifts available for use in 2013.

8.5. Vacation Buy-Back
Shift employees may sell back seventy-two (72) hours annually and those on a forty (40) hour workweek may sell back forty-eight (48) hours annually.

Shift employees shall be able to float up seventy-two (72) hours annually and those on a forty (40) hour workweek shall be able to float up to forty-eight (48) hours annually for purposes of vacation sell back. Any hours floated but not scheduled by the end of the calendar year will be paid out up to the maximum allowable sell back amount of 72 hours for employees on shift and 48 hours for employees on 40-hour workweek unless employee is able to schedule the time off when one or fewer other employees is already off, consistent with department practice.

9. HOLIDAYS
709
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

9.1. All forty-eight (48)/ninety-six (96) hour personnel will receive seven (7) twenty-four (24) hour shifts per year as holidays. Holidays may be taken in the form of compensation or time off or any combination thereof.

9.2. Unit personnel assigned to forty (40) hour work schedules will receive twelve (12) set holidays listed in Section 9.4. Holiday hours accrue on the payroll period inclusive January 1 of each calendar year. Unit personnel assigned to forty (40) hour work schedules shall have their leave converted pursuant to Appendix A.

9.3. Shift personnel assigned to work on a City designated holiday shall receive one and one-half (1- 1/2) times their straight time base hourly rate of pay for a maximum of sixteen (16) hours per shift.

For personnel assigned to a 40-hour week, when a City designated holiday falls on a regularly scheduled workday, if they elect to work the holiday, they shall receive one and one-half (1-1/2) times their straight time base hourly rate of pay. If they elect to not work the holiday, they shall use holiday hours first on their time card, and if they have no holiday hours banked, they shall use other appropriate accrued leave..

9.4. The requirements of Section 9.3 above shall be instituted for the following holidays:

1. New Year’s Day (January 1)

2. Martin Luther King Jr.’s Birthday (Third Monday in January)

3. President’s 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 (Fourth Thursday in November)

11. Day after Thanksgiving Day (Friday following Thanksgiving)

12. Christmas Day (December 25)
710
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

For personnel assigned to a 40-hour week, 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.

10. RETIREMENT

10.1. The City shall continue retirement coverage for all employees under the California Public Employees’ Retirement system (CalPERS).

For employees hired before December 15, 2012, the City’s former “Safety Fire Plan” has been assigned to the CalPERS Safety 3% @ 50 Risk Pool. Employees shall pay the entire 9% of their employee CalPERS contribution on a pre-tax basis. The current mandated and optional benefits of the Safety 3% @ 50 Risk Pool are located in Appendix B.

Should CalPERS at any time amend the Risk Pool Mandatory Benefits to either add, delete or modify benefits, the City has no obligation to meet and confer with the Union over these changes.

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. The current mandated and optional benefits of the Safety 3% @ 55 Risk Pool are located in Appendix B.

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. The current mandated and optional benefits of the Safety 2.7% @ 57 Risk Pool are located in Appendix B. These Fire Safety Members will pay the entire CalPERS employee contribution as determined by CalPERS on a pretax basis.

10.2 Employee Contribution To Employer Share
711
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Effective July 1, 2021, all employees shall continue to pay an additional one percent (1%) towards the employer share of CalPERS retirement pursuant to PERS Code Section 20516. As applicable, the employee contribution will be made pre-tax.

11. UNIFORM ALLOWANCE

11.1. Each employee shall receive an annual uniform allowance of one thousand dollars ($1000).

Employees shall receive their uniform allowance in equal installments paid in each regular biweekly payroll.

11.2. Within the first two (2) years of employment with the City, employees shall purchase Class A uniforms. Class A uniforms shall comply with department standard.

12. HEALTH INSURANCE

12.1. The City shall continue enrollment in the State of California Public Employees' Retirement System (CalPERS) Health Insurance Program.

12.2. Employees must purchase dental and vision coverage at the employee only level.

12.3. 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 $905 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 $1,358 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 $1,773 per month. • In no event shall the contribution exceed 100% of the selected plan premium cost including dental and vision.

Employees hired on or before June 30, 2019, who choose not to participate in any of the City’s medical plans (opt-out) and show proof of enrollment in another group medical plan shall receive four 712
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

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. This shall be referred to as “Share the Savings.” Employees hired into the Firefighter classification on or after July 1, 2019, or who return to employment with the City, who participate in Share the Savings will receive four hundred and seventy-five dollars ($475) plus City paid basic dental and basic vision at the Employee Only rate.

Employees may purchase dental/vision coverage up to the family rate with the Share the Savings funds.

12.4. 12.4.1 Effective the payroll period inclusive of June 1, 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 and vision 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 on or before June 30, 2019, 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 Employees hired into the Firefighter classification on or after July 1, 2019, or who return to employment with the City, who participate in Share the 713
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Savings will receive four hundred and seventy-five dollars ($475) plus City paid basic dental and basic vision at the Employee Only rate. Employees may purchase dental/vision coverage up to the family rate.

12.4.2 Effective the payroll period inclusive of January 1, 2025, 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 and vision 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 $1,175 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.
• 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 on or before June 30, 2019, 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 Employees hired into the Firefighter classification on or after July 1, 2019, or who return to employment with the City, who participate in Share the Savings will receive four hundred and seventy-five dollars ($475) plus City paid basic dental and basic vision at the Employee Only rate. Employees may purchase dental/vision coverage up to the family rate.

12.5. RETIREE HEALTH INSURANCE

12.5.1 Employees first hired on or before June 30, 2019 714
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Pursuant to provisions of the CalPERS Health Insurance Program, the City shall pay up to $750 per month for employees retired on the CalPERS Retirement Program. Dental insurance coverage may continue upon retirement, at the retiree’s own expense. Vision insurance is only available for eighteen months, per COBRA, and is at the retiree’s own expense.

12.5.2 Employees first hired on or after July 1, 2019
For new employees first hired on or after July 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). Rehired employees will fall under the medical retirement tier based on original date of hire.

The following contributions 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. • 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.

12.5.2.1 715
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Employees first hired after July 1, 2019 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.

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

12.5.4 The parties agree to meet within sixty (60) days of City Council’s adoption of this Memorandum of Understanding (MOU) to discuss and explore the possibility of a Medical Expense Reimbursement Plan (MERP) benefit.

13. COMPENSATION

13.1. Salary

13.1.1. Salary Schedule
The salary range for each classification will consist of five (5) steps (A through E) with approximately 5% between each step. 13.1.2. Salary Adjustments Effective the pay period inclusive of June 1, 2024, the classifications of Firefighter, Fire Engineer and Fire Captain shall receive a general salary increase of ten percent (10.0%).

Equity adjustment shall precede general salary increases.

13.2. Fire Staff Premium Assignment
716
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Fire Personnel who are routinely and consistently assigned to administrative work during normal hours of employment that may differ from the work schedule of other fire suppression personnel by the Fire Chief shall receive an additional five percent (5%) during the term of their assignment. The Fire Chief or designee will assign such duties and determine the number of employees receiving this assignment at their sole discretion.

13.2.1. Employees on light/limited duty capacity are not eligible to receive an additional five percent (5%) if assigned to administrative work as part of their light/limited duty.

13.3. Education/Certificate Incentive Pay
Maximum education/certificate incentive that may be obtained is ten percent (10%) of base pay per employee. New certificates must be earned off duty. Employees who possess both an Associate's Degree (AA/AS) and a Bachelor's Degree (BA/BS) will be compensated based on the highest degree achieved. Dual degree holders will not receive payment for both degrees simultaneously.

Education/Certificate Amount
BA/BS 4%
AA/AS 2%
Fire Science/Fire Technology Certificate 2%
Fire Officer Certificate or Company Officer
Coursework Completed
2%
Fire Driver/Operator Certificate or Fire Apparatus
Driver/Operator Pump Coursework
2%
Fire Investigator I Certificate 1.5%
Fire Instructor I Certificate 1%
HazMat Technician Certificate 1%
HazMat Specialist Certificate 1.5%
Boat Operator Certificate 1.5%
717
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Swift/River and Flood Water Rescue Certificate 1%
Rescues Systems 1/Structural Collapse 0.5%
Chainsaw Operations 1%
Paramedic License 2.5%
Rope Rescue Technician 1.0%
The incentives in this section shall be cumulative and not compounded. Compensation changes in Section

13.3 shall be effective the payroll period inclusive of June 1, 2024.

13.4. Overtime Pay
The City and Association have agreed to utilize a twenty-four (24) day/one hundred eight-two (182) hour work period pursuant to Section 207(k) of the Federal Fair Labor Standards Act (FLSA).

Actual scheduled hours in the twenty-four (24) day period are one hundred ninety-two (192).

Hours worked in excess of one hundred eight-two (182) hours in the twenty-four (24) day work period will be paid at one and one-half (1-1/2) times the employee’s regular rate of pay.

13.4.1. All overtime worked 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 regular rate of pay.

13.4.2. Compensatory Time Off (CTO) will be provided in lieu of overtime pay at the same rates that would be accrued for pay purposes. It shall be the employee's responsibility to notify the City when compensation leave is desired in lieu of overtime pay. Overtime accrued from USAR deployments are excluded from being provided as CTO.

13.4.2.1 CTO Cash Out
To cash out compensatory time off leave in the subsequent calendar year, each employee shall fill out an Irrevocable Election Form and submit it to Human Resources before the end of the calendar year. The City will provide employees with the Irrevocable Election Form in advance of the deadline.
718
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

Employees who do not submit a completed Irrevocable Election Form by the required date will not be permitted to cash out compensatory leave in the subsequent calendar year.

On the Irrevocable Election Form, an employee shall irrevocably elect the number of compensatory time off hours they elect to cash out in the subsequent calendar year. For example, if an employee elects to cash out up to 40 hours of compensatory leave in calendar year 2025, they shall irrevocably elect to do so in calendar year 2024. Employees may only cash out leave in an amount up to the amount set forth in their Irrevocable Election form.

If the employee's compensatory leave balance is less than the total amount elected by the employee on the Irrevocable Election Form, then the employee will receive a cash out for leave the employee has accrued on the last pay date of the calendar year.

Employees must submit an Irrevocable Election form on an annual basis.

13.4.3. Maximum accumulation of Compensatory Time Off (CTO) shall be one hundred twenty (120) hours for shift personnel.

13.4.3.1 CTO Usage:
• A maximum of 120 hours may be utilized in any single calendar year. • CTO must be requested using the vacation/holiday request form. • The employee must have sufficient CTO balance at the time of the request for the days/hours requested.
• CTO shall be utilized in either twelve (12) or twenty-four (24) hour increments.
• CTO is subordinate to both holiday and vacation leave. • No more than three (3) represented members will be allowed off due to holiday, vacation and/or CTO each shift.

13.4.4. Time worked as a continuation of the normal twenty-four (24) hour shift shall be compensated in accordance with the Federal Fair Labor Standards Act; that is, time worked shall be rounded to the nearest twelve (12) minute increment.

13.4.5. When an employee, after completing their normal work shift and after leaving their work facility, responds to an authorized order to return to duty to perform emergency or non719 Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

scheduled services, they shall be guaranteed the opportunity to work for two (2) hours or be paid two (2) hours in-lieu of work.

13.5. Out of Classification Pay

13.5.1. The Fire Chief or designee shall make out-of–class assignments. A Firefighter temporarily assigned out-of-class to a Fire Engineer, a Fire Engineer temporarily assigned out-of-class to a Fire Captain, and a Fire Captain temporarily assigned out-of-class to a Fire Battalion Chief, shall be paid fifty dollars ($50) for a full shift or two dollars eight cents ($2.08) per hour if less than a full twenty-four (24) hour shift.

A Firefighter temporarily assigned out-of-class to a Fire Captain shall be paid seventy-five dollars ($75) for a full shift or three dollars thirteen cents ($3.13) per hour if less than a full twenty–four (24) hour shift.

13.5.2. To be eligible for such out-of-class, the individual must have passed the promotional examination for the next higher rank, or pass qualifying criteria as set by the City.

13.6. Standby Pay
Employees shall be paid two dollars ($2.00) per hour for any hours worked on a standby assignment. The Fire Chief or designee shall determine standby schedules. Standby is voluntary.

If an employee volunteers for standby, then the following provisions apply:
• Standby may be for up to a twenty-four (24) hour period. • When called out, the employee shall be under the functional supervision of the Battalion Chief or Incident Commander.
• The employee must be able to get to the scene within fifteen (15) minutes. When assigned to standby, the employee may not consume any alcoholic beverage or engage in any other activities, which would affect their ability to effectively respond and perform their duties. • They employee shall have a cell phone with them at all times while on standby. 720
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

• When an employee is on a standby assignment, they shall be paid for a minimum of two (2) hours work at the overtime rate when called out.

13.7. Longevity Bonus
Effective the pay period inclusive of June 1, 2024, Fire Association members with more than 15 years of service but less than 20 years of service as of June 1, 2024, with the City of West Sacramento, and who are at the top of their pay range, will receive a one-time, non-PERSable lump sum bonus in the amount of one and one-half percent (1.5%) of their annual base rate of pay.

Effective the pay period inclusive of June 1, 2024, Fire Association members with more than 20 years of service as of June 1, 2024, with the City of West Sacramento, and who are at the top of their pay range, will receive a one-time, non-PERSable lump sum bonus in the amount of three and one-half percent (3.5%) of their annual base rate of pay (which includes the above referenced

1.5%).

13.8. 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.

13.9. Rates of Pay

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

13.9.2. 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 Fire Staff Premium Pay, Educational Incentive Pay, Standby Pay, Bilingual Pay, Medical in Lieu (opt out)) for which the employee qualifies under this MOU.

13.9.3. Separation Rate of Pay
721
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

The separation rate of pay for all employees shall mean the employee’s current hourly rate of pay at the time of separation plus the following incentives: Fire Staff Premium Pay, Bilingual Pay, and Educational Incentive Pay, for which the employee qualifies under this MOU.

13.10. Strike Team/Overhead Deployments
Employees assigned to a reimbursable strike team/overhead deployment (Line EMT, PIO, Overhead or other recognized positions) shall receive a ten percent (10%) differential for any reimbursable strike team/overhead incident. The pay differential shall apply from the time of deployment to the employee's return from the deployment. USAR deployments are excluded from this pay differential.

14. EMERGENCY MEDICAL TECHNICIAN (EMT) CERTIFICATION REQUIREMENT All employees are required to have and maintain an EMT-1A or FS certificate. This shall be a condition of employment.

15. SCHEDULE AND HOURS

15.1. Duty Schedule
All shift personnel shall work a forty-eight (48)/ninety-six (96) hour schedule. (48 hours on duty, followed by 96 hours off duty.) All forty-eight (48)/ninety-six (96) hour shift personnel shall report for duty at 0800 hours and go off duty at 0800, forty-eight (48) hours later.

Example Duty Schedule: (Regular Shift Personnel)
"X" denotes workday or duty shift
"O" denotes day off or shift off

X X O O O O

15.2. Station Assignments and Transfers
722
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

The City has adopted the applicable Lexipol Policy which provides a procedure by which employees may express their preference for station assignments and/or transfers.

15.3. Shift Trades
The City has adopted the applicable Lexipol Policy which provides a procedure by which employees may request voluntary shift trades. Shift trading shall not qualify as Emergency Call Back under Section 13.4.1.

15.4. Out of County Return

15.4.1. For the term of this MOU a program will be available to employees who participate in a strike team or other out of county assignment for a minimum of ten (10) days, and upon return to the City during their regularly schedule shift, shall be placed on rest and recovery up to a maximum of twelve (12) hours and shall not be required to utilize their accrued paid leave for the rest and recovery time. Upon request, the employee may utilize their accrued paid leave (CTO, Vacation or Holiday) for rest and recovery for the remainder of the 24-hour shift. Employees may participate in the Program once annually.

15.4.2. Employees requesting rest and recovery upon return from subsequent participation on strike teams or out of county assignment will require the employee utilize their accrued paid leave if they return to the City during their regularly scheduled shift, or they may be place on paid rest and recovery up to a maximum of twelve (12) hours at the determination of the Fire Chief or their designee.

15.4.3. During this period, employees placed on administrative leave for rest and recovery are prohibited from working another position.

16. DEPARTMENT SENIORITY LIST

16.1. Employees shall be placed on the seniority list in accordance with the date they were first placed on the payroll of the Fire Department as full-time employees. Reserve, part-time, or extra-help employment will not be credited.
723
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

16.1.1 When two (2) or more employees are assigned to the payroll on the same date, preference in the placement on the list shall be given based on relative standing on the eligibility list.

If the eligibility list ranking of two or more employees hired on the same date is the same, seniority shall be in order of the individual's total time as a full-time Firefighter in the State of California. If the ranking of two or more employees hired on the same date is the same and their total time as full-time Firefighter in the State of California is the same, then seniority shall be determined by drawing of lot.

17. LAYOFFS

17.1. Order of Layoff
Layoffs shall be based on the inverse order of seniority as set out in the seniority roster last provided to Local 522, pursuant to the hereinafter-mentioned Memorandum of Understanding, with any additions or deletions of employees’ names appended thereto by action of the City Council. Layoffs hereunder shall be so that employees with the least seniority shall be laid off first.

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 Local 522 and the City.

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
724
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

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. Layoff Hearing
An employee who received a Notice of Layoff shall be entitled to request a hearing before the Council or its authorized representative prior to the effective date of the layoff. Such a request shall be made within fourteen (14) calendar days of service of the Notice of Layoff of the adoption of the rules and procedures by the Council, whichever occurs last. Failure to make such a request shall waive the right to a hearing. At said hearing, the employee may challenge the determination of persons to be laid off and the procedure used to layoff. The employee shall have the right to be represented by a representative of their choosing, to present evidence, and to cross examine any witnesses. Within fourteen (14) calendar days following the hearing, the Council shall issue findings of fact, conclusions, and an order affirming or revoking the layoff of the employee. Said findings, conclusion, and order shall be served on the employee by placing them in a sealed envelope and mailing them by first class mail, postage prepaid, to the last known address of the employee. Unless the Council orders revocation of the Notice of Layoff, the employee shall be laid off at the date set forth in the Notice of Layoff.

If, after request, the hearing is not held prior to the effective date of layoff as set forth in the Notice of Layoff, the effective date of the layoff shall be deemed to have been extended until after the hearing and the issuance of the order by the Council. In such case, the Council shall set a new effective date of layoff in their order unless they order revocation of the original notice.

17.6. 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; 725
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

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. REPAIR OR REPLACEMENT OF DAMAGED PERSONAL PROPERTY
The City agrees to reimburse employees for damaged personal property according to the City’s Administrative Policy No. II-E-8.

19. RULES, REGULATIONS MEET AND CONFER CONSIDERATIONS

19.1. Should the City propose changes in City Rules and Regulations or wages, hours, and working conditions which fall within the scope of representation; the City shall give notice to Local 522 and upon request, meet and confer upon those changes.

19.2. Copies of any Memorandum of Understanding resulting here from and/or Rules and Regulations shall be posted on-line or sent to Local 522 members upon request.

19.3. Both parties agree to begin negotiations six months prior to the contract expiration date. It is agreed that when both parties enter into the meet and confer process, the following criteria shall be used:
a) Internal classification relationships;
b) Labor market conditions;
c) Financial condition of the City;
d) Cost of living analysis;
e) Benchmark survey of total compensation

20. PROBATIONARY PERIOD

20.1. Purpose
726
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

To enable the City and the Fire Chief to exercise sound discretion in filling positions within the City.

20.2. 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 Chief may terminate the employment for unsatisfactory performance. Provided, however, no probationary employee shall be terminated because of sex, race, religion, political belief or Local 522 membership. Probationary employees terminated during their probationary period shall not have the right to appeal. This would not preclude a probationary employee from seeking any other legal remedy.

20.3. Promotion
No promotion to any position in the City shall be deemed final and permanent until after the expiration of a period of twelve (12) months probationary service. During this probationary period, the Fire Chief may cancel the appointment to a higher rank if during this period they shall deem them unfit for such appointment based on material reasons. In the event of unsatisfactory performance, an employee may be demoted to their previous permanent rank.

21. WORKING CONDITIONS

21.1. 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.

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

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

21.4. Changes in said station environment constitute changes in working conditions and are therefore negotiable.
727
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

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

21.6. The City recognizes that the West Sacramento Firefighters are professional firefighters, and that all duties will be those related to the Fire Service as determined by agreed upon job descriptions.

22. PROMOTIONAL EXAMINATIONS

22.1. Notice of promotional tests to be administered and the dates and time of said tests shall be conspicuously posted in all stations a minimum of thirty (30) calendar days prior to the test date(s). Promotional lists will be established after results of tests are final.

22.2. The City shall conduct promotional examinations for the classification of Fire Engineer and Fire Captain on an alternating bi-annual basis. As a result of these examinations, the City shall establish and maintain a promotional list for the above classifications for the two (2) year period between the examinations.

22.3. Rule of Five (5)
The Rule of Five (5) shall be interpreted as follows:

For the first job opening available, five (5) eligible candidates will be interviewed. For each additional job opening, one (1) additional eligible candidate will be interviewed. For example, if there are three (3) job openings, seven (7) candidates will be interviewed. In the event of a tie score within the candidate pool to be interviewed, all candidates with the same score will be interviewed.

22.4. List Ranking
Results of promotional examinations shall be provided to each candidate to include their own placement on the list in rank order. Additionally, when the Fire Chief or designee receives the eligibility list, it will show the rank order for all eligible candidates.

22.5. Minimum Qualifications
A candidate possessing a BA/BS will be deemed to have met all educational requirements, regardless of the field of study.
728
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

23. NON-DISCIPLINARY GRIEVANCE AND ARBITRATION PROCEDURE

23.1. 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.

23.2. 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.

23.3. 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.

23.4. Formal Grievance Procedure

23.4.1. 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 729
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

with their supervisor. The supervisor within five (5) days thereafter shall give a written answer to the grievant.

23.4.2. Level II
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.

23.4.3. 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.

23.4.4. 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 24.5, Selection of Arbitrator. 730
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

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 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.

23.4.5. 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.

23.5. 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' 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 hearing officer.

23.6. Arbitration Hearing and Decision
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Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

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.

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.

23.7. Automatic Advances
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.

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

23.9. 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.

24. 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.
732
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

24.1. 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.

24.2. Employee Representation
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.

24.3. 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.

24.4. 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;
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Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

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.

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

24.6. 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 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.

24.7. 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.
734
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

24.8. Disciplinary Appeal Procedure
The employee, or representative, after service of an order of disciplinary action as specified in Section 25.7 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.

24.9. 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.

24.10. 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. 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.
735
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

24.11. 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.

25. MATERNITY, PATERNITY, AND FAMILY CARE LEAVE

25.1. Maternity and Paternity Leave
Specific requirements are outlined in 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.

25.2. Family and Medical Leave
Specific requirements are outlined in 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.

26. HAZARDOUS MATERIAL RESPONSE
The City will meet and confer with Local 522 in the event that the City changes the current level of response to hazardous material calls.

27. TERM
The term of the Memorandum of Understanding shall be for a period of thirteen (13) months beginning on June 1, 2024, and continuing through June 30, 2025
DATED: __________________________
736
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025

_________________________________
Martha Guerrero, Mayor
City of West Sacramento
_____________________________________
Miguel Altamirano, President
West Sacramento Firefighter’s Association
737
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025
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) eighthour (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
7 shifts 7 shifts x 16 hours 112
Sick Leave:
56 Hour Employee Conversion Factor 40 Hour Employee
Monthly Accrual
1/2 shifts 1/2 shift x 16 hours 8 hours
738
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025
Appendix Page ii
APPENDIX "B" MANDATED & OPTIONAL BENEFITS FOR RETIREMENT

Current Mandated and Optional Benefits for 3%@50
Military Service Credit as Public Service Section 21024 Military Service Credit for Retired Persons Section 21027 Pre-Retirement Option 2W Death Benefit Section 21548
Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service Section 21023.5 Public Service Credit for Periods of Layoff Section 21022 1959 Survivor Benefit Level 4 Section 21574
3% @ 50 Patrol or Local Safety Member Section 21362.2
Pre-Retirement Death Benefits to continue after remarriage of survivor Section 21551 Unused Sick Leave Credit - Local Member Section 20965
Improved Nonindustrial Disability Allowance Section 21427 $500 Retired Death Benefit Section 21620
2% Annual Cost-of-Living Allowance Increase Section 21329 Final Compensation 1 Year Section 20042
Prior Service Section 20055
Current Mandated and Optional Benefits for 3%@55
$500 Retired Death Benefit Section 21620
1959 Survivor Benefit Level 4 Section 21574
2% Annual Cost-of-Living Allowance Increase Section 21329 3% @ 55 Formula for State Peace Officer/Firefighter or Local Safety Member Section 21363.1 Final Compensation 3 Year Section 20037
Improved Nonindustrial Disability Allowance Section 21427 Military Service Credit as Public Service Section 21024 Military Service Credit for Retired Persons Section 21027 Pre-Retirement Death Benefits to continue after remarriage of survivor Section 21551 Pre-Retirement Option 2W Death Benefit Section 21548
Prior Service Section 20055
Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service Section 21023.5 Public Service Credit for Periods of Layoff Section 21022 Unused Sick Leave Credit - Local Member Section 20965
739
Memorandum of Understanding
Local 522, West Sacramento Firefighter’s Association
06/01/2024– 06/30/2025
Appendix Page ii
Current Mandated and Optional Benefits for 2.7%@57

2.7% @ 57 Formula for Safety Members Section 7522.25(d) Final Compensation 3 Year Section 20037
$500 Retired Death Benefit Section 21620
1959 Survivor Benefit Level 4 Section 21574
2% Annual Cost-of-Living Allowance Increase Section 21329 Improved Nonindustrial Disability Allowance Section 21427 Military Service Credit as Public Service Section 21024 Military Service Credit for Retired Persons Section 21027 Pre-Retirement Death Benefits to continue after remarriage of survivor Section 21551 Pre-Retirement Option 2W Death Benefit Section 21548
Prior Service Section 20055
Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service Section 21023.5 Public Service Credit for Periods of Layoff Section 21022 Unused Sick Leave Credit - Local Member Section 20965
740

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF WEST SACRAMENTO
AND
STATIONARY ENGINEERS, LOCAL 39

Effective July 1, 2024 through June 30, 2027
741
i

TABLE OF CONTENTS

1.General Provisions......................................................................................... 43

2.City Rights...................................................................................................... 43

3.New Classifications ........................................................................................ 44

4.Union Rights................................................................................................... 44

5.Administration of Compensation .................................................................... 46

6.Salary Increases............................................................................................. 47

7.Probationary Period........................................................................................ 47

8.Retirement...................................................................................................... 48

9.Health and Welfare Benefits........................................................................... 48

10.Sick Leave Benefits and Program Incentives ............................................... 50

11.Safety Equipment and Uniforms................................................................... 52

12.Special Pays ................................................................................................ 52

13.Holidays ....................................................................................................... 61

14.Vacation ....................................................................................................... 61

15.Bereavement Leave ..................................................................................... 63

16.Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave 65

17.Miscellaneous Provisions ............................................................................. 65

18.Grievance Procedure and Arbitration ........................................................... 70

19.Disciplinary Procedure ................................................................................. 73

20.No Lockout ................................................................................................... 76

21.Full Understanding, Modification and Waiver............................................... 76

22.Peaceful Performance.................................................................................. 77

23.Savings Provision......................................................................................... 77

24.Term............................................................................................................. 77 Signature Page to Memorandum of Understanding .......................................... 79 Exhibit "A"............................................................................................... 80 Exhibit "B"............................................................................................... 81 Exhibit "C"............................................................................................... 86 742
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

1. General Provisions

1.1. Parties to the Agreement
This Memorandum of Understanding (hereinafter MOU) is jointly prepared and executed by representatives of the City of West Sacramento (hereinafter CITY) and Stationary Engineers, Local 39 (hereinafter UNION) for presentation to, and consideration by, the City Council of the City of West Sacramento. It shall not be binding until adopted by the City Council of the City.

1.2. Recognition and Scope
The City hereby recognizes the Union as an exclusive recognized employee organization for purposes of Government Code 3500 et. seq. Such recognition shall extend only to the representation of regular, provisional, limited term and probationary employees occupying classifications as provided in Exhibit "A" attached hereto and incorporated therein and any other new classifications subsequently adopted by the City and approved by the Union.

2. City Rights

2.1. In General
All City rights and functions, except those which are expressly abridged by this agreement, shall remain vested with the City. Nothing in this agreement shall be construed to restrict any legal or inherent exclusive City right with respect to matters of general legislative or managerial policy which include, but are not limited to:
a) To determine the nature and extent of the services to be performed, as well as the right to determine and implement its public function and responsibility; b) 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;

c) To establish, modify, determine or eliminate job classifications and allocate City positions to such classifications;
d) To direct the work force, including the right to hire, assign, promote, demote, or transfer an employee;

e) Require overtime work;
f) To reprimand, suspend, discharge, or otherwise discipline employees; g) To layoff employees from duty for lack of work, lack of funds, or any other reason; 743
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
h) To manage facilities and operations of the City including the methods, means, and personnel by which the City operations are to be conducted; i) Take all necessary actions to prepare for and carry out its mission in emergencies; j) To determine the processes, techniques, methods, and means for all operations, including changes, allocation or adjustments of any machinery or equipment; k) To promulgate, modify, and enforce work rules, safety rules, and regulations.

2.2. Employee Grievances Not Impaired
The exercise of the City management rights shall not preclude grievant from presenting a grievance concerning an adverse effect of the exercise of such rights upon him/her; provided, however, the basic right of management to act hereunder or make decisions is unimpaired.

2.3. Consultation with Union
This agreement is not intended to restrict the right of the City to consult with the Union regarding matters within the right of the City to determine nor shall it deny the Union the right to be consulted on the classification or reclassification of positions.

3. New Classifications
The City agrees to provide the Union with copies of proposed classification descriptions of any new position prior to consideration by the City Council. The Union and the City will negotiate over the proposed classification descriptions and the initial salaries.

4. Union Rights

4.1. Union Representation
The City recognizes and agrees to deal with designated stewards and representatives of Union on all matters relating to grievances and the interpretation, application, or enforcement of the express terms of this MOU.

4.2. Shop Stewards
The Union shall designate Shop Stewards and shall thereupon immediately furnish the City with the Steward's name. Notwithstanding Section 4.1 above, the Stewards will not be recognized by the City until their name is received by the City Manager or designee. 744
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

4.3. Union Security
a) The City shall continue existing payroll deductions for Unit employees who are Members of the Union. The City shall start or stop deductions for dues or union benefit premiums, or both, following receipt of notice from the Union that authorization has been provided to the Union by an employee in the Unit. Should there be a dispute regarding the deduction of dues, the Union shall provide the City with a copy of the authorization(s) signed by the employee. The payments shall be made by authorized payroll deduction.
b) The City shall notify the Union of all newly hired employees and/or employees who move into a position covered by the Union. To the extent known, the City shall provide the following information to the Union: Name, Job Classification, Department, Work Location, Work Phone Number, Personal Home and Cellular Phone Numbers, Work and Personal Email address and Personal mailing address within thirty (30) days of hire and updated information on all employees at least once every one hundred twenty (120) days. It is the Union's obligation to notify all such employees of their rights and obligations under 3502.5 of the California Government Code. However, the City will provide all new employees with membership applications and dues deduction forms upon hire. c) Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided up to thirty (30) minutes to attend the City's regularly scheduled new-employee orientations so that they may provide information about the Union and the labor agreement. The new-employee orientation schedule shall be established by the City. The City shall provide the Union at least ten (10} days advance notice of a new-employee orientation. In cases of emergency staffing the Union may agree to waive the ten (10) day advance notice if requested by the City, provided that the Union retains the right to meet with the new hire(s) within ten (10) days of hire. In the event that a Union Business Representative cannot attend a new-employee orientation, Union Shop Stewards who are designated by the Union Business Representative, shall be granted paid release time to attend the new-employee orientation. Only one (1) shop steward shall be released to attend a new-employee orientation.

4.4. Dues Deduction
a) The City agrees to deduct and remit to the Union all authorized dues deductions and Initiation fees from Union members. The Union shall be responsible for notifying the City the amount of dues and initiation fees to be deducted from Union Members.
b) The written authorization for approved insurance, benefit, and savings program and the amounts of dues deducted shall be charged by the City upon written request of an affected employee after notification by the Union. 745
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
c) Dues deduction and initiation fees shall remain in force and effect during the life of this MOU between the City and the Union, unless canceled in writing within a two (2) week period between June 1 and June 15 of any year. d) The City will promptly remit dues and initiation fees deducted to the Union together with a list of the employees who have had said fees deducted.

Deductions of dues will be made each pay period; provided, however, that the City and the Union may make other arrangements by mutual agreement. e) The Union agrees to indemnify, defend, and hold harmless the City against any claims of any nature and lawsuit against the City made or arising from City check­off for dues and initiation fees, insurance, or benefit program of the Union. f) In any case where an employee does not have sufficient funds to provide for payment of authorized dues deductions and/or initiation fees, the Union shall be responsible for collection from the employee.
g) The Union shall submit annual financial reports to the City and unit employees as required by California Government Code 3502.5.

5. Administration of Compensation

5.1. Pay Periods
All salaries shall be paid on a bi-weekly basis. Bi-weekly pay days shall be fixed to occur no later than one (1) week following the completion of the pay period.

5.2. Compensation for Portion of Pay Period
A regular employee who is in pay status for less than a full pay period shall have their pay computed on an hours worked basis.

5.3. Classification Plan

5.3.1 For employees hired as a regular employee prior to August 21, 2019, the salary range consists of five (5) steps (A through E) with approximately five percent (5%) between each step.

5.3.1.1 When an employee hired prior to August 21, 2019, reaches the top step (E step) of the 5 step salary range of their current classification, they will then be placed at the top step (I step) of the nine (9) step salary schedule.

Once all employees hired prior to August 21, 2019, reach the top step of their current classification range, and they move to the top step of the nine 746
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
(9) step salary schedule, then the five step (5) salary schedule shall be eliminated.

5.3.2 For employees hired as a regular employee after August 21, 2019, the salary range consists of nine (9) steps (A through I) with approximately two-point five percent (2.5%) between each step.

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

6. Salary Increases

6.1 Salary Adjustments
All classifications in the bargaining unit shall receive the following:

6.1.1 Effective the pay period inclusive of July 1, 2024, a general salary increase of five percent (5.0%).

6.1.2 Effective the pay period inclusive of July 1, 2025, a general salary increase of five percent (5%).

6.1.3 Effective the pay period inclusive of July 1, 2026, a general salary increase of five percent (5%).

6.2 Signing & Retention Bonus Pay
Effective the pay period inclusive of July 1, 2024 all employees will receive a one-time, non-PERSable lump sum signing bonus of two thousand five hundred dollars ($2,500).

Effective the pay period inclusive of July 1, 2025, all employees will receive a one-time non-PERSsable lump sum retention payment in the amount of fifteen hundred dollars ($1,500).

Effective the pay period inclusive of July 1, 2026, all employees will receive a one-time non-PERSable lump sum retention payment in the amount of twelve hundred dollars ($1,200).

7. Probationary Period
Employees shall have a six (6) month probationary period. This probationary period may be continued up to an additional six (6) months.
747
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

8. Retirement
a) The retirement program with CalPERS for employees hired before February 11, 2012, shall include the 2.5% @ 55 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire eight percent (8%) of the employee’s CalPERS contribution on a pre-tax basis.
b) The retirement program with CalPERS for employees hired on or after February 11, 2012, shall include the 2% @ 60 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire seven percent (7%) of the employee’s CalPERS contribution on a pre-tax basis.
c) The retirement program with CalPERS for employees hired on or after January 1, 2013 and who are new CalPERS members, shall include the 2% @ 62 formula in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA) and includes highest thirty-six (36) months for final compensation determination and Unused Sick Leave Credit. The employee shall be responsible for the contribution rate of fifty percent (50%) of the total normal cost rate of the employee’s CalPERS contribution on a pre-tax basis.

9. Health and Welfare Benefits

9.1. Active Employees
An eligible unit employee may select group medical, dental, and vision offered by the City, subject to reasonable and customary participation limitations. The plan shall entitle the employee and their dependents to group hospital, medical, and prescription drug benefits according to the plan's design and limitations.

9.1.1. Medical, Dental and Vision Insurance

9.1.1.1 The cafeteria plan amount for health benefits (medical, dental and vision) for:
• Employee Only: shall either be equal to one hundred percent (100%) of the cost of the Kaiser plan for employee only and one hundred percent (100%) of the cost of employee only basic dental and basic vision or equal to $865, whichever is greater;
• Employee Plus One: the cafeteria plan amount shall either be equal to eighty percent (80%) of the Kaiser plan for employee plus one and eighty percent (80%) of the cost of employee plus one basic dental and basic vision or equal to $1255, whichever is greater;
748
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• Employee Plus Two or More: the cafeteria plan amount shall either be equal to eighty percent (80%) of the costs of employee plus two or more and eighty percent (80%) of the cost of employee plus two or more basic dental and basic vision or equal to $1625, whichever is greater.

In no event shall any of the cafeteria plan contributions exceed 100% of the selected plan premium cost.

9.1.2. Share the Savings (Medical Opt Out)
• Employees hired prior to August 21, 2019, who opt out of the City's medical plans and show proof of enrollment in another group medical plan shall receive four hundred dollars ($400) per month plus City paid basic dental and basic vision up to the Employee Plus Two or More rate depending on coverage selected. • Employees hired on or after August 21, 2019, who opt out of the City’s medical plans and show proof of enrollment in another group medical plan will receive four hundred dollars ($400) plus City paid basic dental and basic vision at the Employee Only rate. Employees may purchase dental/vision coverage up to the family rate with opt out funds.

9.1.3 Alternative Health Programs
The City reserves the right to offer alternative health programs to any employee, or to provide the existing coverages through other carriers, so long as no additional cost accruesto the employee. The City will consult with the Union prior to making any changes under this section.

9.2. Retired Employees

9.2.1 For employees first hired before August 21, 2019, the City agrees to pay for medical and dental premiums for retirees pursuant to the following schedule:
10-14 years of service: $50 + 25% of the premiums
15-19 years of service: $75 + 30% of the premiums
20 or more years of service: $100 + 50% of the premiums In all cases, this benefit is not to exceed seventy-five percent (75%) of the total premium or seven-hundred fifty dollars ($750.00) per month, whichever is less.

Additionally, retirees would be subject to the rules and regulations promulgated by the plan administrator as it relates to retirees.

9.2.2 Employees first hired on or after August 21, 2019:

For new employees first hired on or after August 19, 2019, the City’s maximum monthly medical contribution for each eligible retiree shall be equal to the 749
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA).

The following contributions 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 twentyfive ($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.

9.2.3 Rehired employees
Rehired employees will fall under the medical retirement tier based on original date of hire as a regular employee.

9.3. Life Insurance
The City shall provide a $20,000 term life insurance policy for employees, and a $1,000 policy per dependent, at no cost to the employee.

9.4. Long-Term Disability Insurance
The City shall provide a long-term disability insurance plan to unit members. The City will pay the premiums.

10. Sick Leave Benefits and Program Incentives

10.1. Philosophy
Sick leave is acknowledged to be an insurance type benefit, which shall only be used as specified below when a sufficient sick leave balance is available. Misuse or abuse of sick leave by an individual may result in its use being denied and disciplinary action taken against the employee.

10.2. Sick Leave Accrual
750
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Each employee shall accrue sick leave at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.).

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

10.3.1 Employee’s own illness or injury or exposure to a contagious disease which incapacitates such employee from their duties.

10.3.2 Employee’s own medical or dental appointment(s).

10.3.3 Employee must care for a member of their family because of illness, injury or exposure to a contagious disease and when the care of such employee is definitely required, or for their family member’s medical or dental appointments.

As used in this subsection, "family" means husband, wife, domestic partner, child, brother, sister, parents, grandparents or spouse's parents, brother, sister or grandparents. “Child” is defined as a biological, foster, or adopted child, a stepchild, a legal ward or a child of a person standing “in loco parentis” (refers to a person who has put him/herself 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).

10.3.4 Employee must care for a “designated person’. A “designated person” means a person identified by the employee at the time the employee requests paid sick days. An employee is limited to one (1) designated person per 12-month period for paid sick days.

10.3.5 Employee is a victim of domestic violence, sexual assault, or stalking, and needs to obtain or attempt to obtain any relief per Labor Code subdivision (c) of Section 230 and subdivision (a) of Section 230.1
The City Manager or designee may request a doctor's certificate or other documentation as proof of necessity for absences in order for sick leave to be granted.

10.4. Sick Leave Payoff
Upon termination of any employee eligible to accumulate sick leave credits for reason of layoff, retirement or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for fifty percent (50%) of the total sick leave credits accumulated by the employee. Employees who retire have the option to choose between a cash-out of up to fifty percent (50%) of their unused sick leave, with the remaining amount reported to CalPERS OR in lieu of any cash-out, the reporting of one-hundred percent (100%) of their unused sick leave to CalPERS. No 751
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
employee whose services are terminated by reason of discharge for cause or by reason of resignation shall be eligible for payment of any portion of accumulated sick leave credits.

11. Safety Equipment and Uniforms

11.1. Safety Equipment
For employees listed in the classifications below, and other new classifications deemed appropriate by the City and agreed to by the Union, the City will provide and replace as needed ANSI approved safety shoes, up to three hundred and fifty dollars ($350) per pair, limited to two pairs annually. In the event of unusual and excessive wear and tear, and employee may be reimbursed for an additional pair at the discretion of the department head and/or designee. Employees requiring prescription safety glasses will follow the procedure in Public Works Standard Operating Procedure (SOP) No. ADM-4A:
• Electrical Technician
• Equipment Mechanic Series
• Facilities Maintenance Worker Series
• Groundskeeper
• Instrumentation Technician
• Maintenance Worker Series
• Parks & Grounds Worker Series
• Stationary Engineer
• Traffic Control & Lighting Technician Series
• Treatment Plant Mechanic Series
• Water Treatment Plant Operator Series
The City reserves the right to establish a common provider. City will attempt to find sufficient provider(s) so that employees will have an adequate selection in convenient locations.

11.2. Uniforms
Any employee required to wear a uniform will be provided with same or compensated accordingly. The level of compensation for acquisition and maintenance will be that which is mutually agreed upon by the City and the Union as determined by the uniform required and the associated wear and tear. Uniforms shall consist of pants, shirt, jacket, and such other articles of clothing or accessories as are selected, furnished, and maintained by the City at its expense. Foul weather gear, such as hip boots, slickers, rainsuits, and work gloves shall also be furnished by the City when needed. Uniforms shall be worn by such employees as determined by the City.

12. Special Pays

12.1. Overtime
752
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Employees shall be compensated only for overtime work approved by the department head or designee. Employees required to work in excess of the normal work day or work week shall be compensated for such overtime with pay at one and one-half (1-1/2) the hourly equivalent of the employee's monthly base salary multiplied by the number of overtime hours worked. The definition of a “normal” workday is eight (8) hours and the definition of a “normal” workweek is forty (40) hours.

Employees in the classification of Recreation Supervisor I/II or Recreation Coordinator are eligible for daily overtime after ten (10) hours of work per day. Authorized overtime may be compensated by compensatory time off, at the above rate if agreeable to the City and employee; otherwise compensation shall be paid at the overtime rate. Absence with pay shall be counted as time worked, except that an employee taking unscheduled sick leave shall not receive premium overtime compensation until he/she has actually worked eight (8)∗ hours in any day. Applications of this rule shall be only to the day that unscheduled sick leave is taken, however, time worked in excess of eight (8)∗ hours in a day shall not be counted in determining whether an employee has worked in excess of their normal work week.

12.1.1 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 Department Head or designee, 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 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.

12.2. Overtime Distribution
Overtime will be assigned to individuals possessing necessary skills and/or availability as determined by management in its sole discretion. If more than one individual possesses the necessary skills and/or availability, the City shall make a reasonable effort to distribute overtime on an equitable basis.

12.3. Scheduled Overtime
An employee who is assigned to work scheduled overtime shall receive compensation at the premium rate for the actual time worked.
∗ Ten (10) hours for employees in the classification of Recreation Supervisor I/II, and Recreation Coordinator.
753
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

12.4. Standby

12.4.1 Any employee required to be available for standby duty shall be paid three dollars ($3.00) for each assigned hour of such duty in which the employee is not in any other pay status upon adoption of this MOU by the City Council. This section applies to the “sleep time” for Water Treatment Plant Operators and will not exceed eight (8) hours per shift for this classification.

12.4.2 Any employee who is on standby only during the observed holidays listed below shall retain four (4) holiday hours, in addition to standby. If an employee is called into work per Section 12.5 Callback, the employee may also retain the holiday hours actually worked over four (4) hours, up to a maximum of eight (8) holiday hours retained.
• New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)

12.4.2.1 Holiday hours are to be taken at a later date within the same fiscal year.

Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

12.4.3 If an employee is assigned to standby and receives telephone contacts, and is engaged in a problem solving resolution which exceeds fifteen (15) minutes, the employee shall receive the two (2) hour minimum call back pay, or actual time worked, whichever is greater. Employees shall make a reasonable effort to obtain approval from their supervisor prior to engaging in the problem solving. The City recognizes that there may be times when prior approval may not be possible due to supervisor availability and/or calls of an emergent nature. In such instances, employees may engage in telephonic problem solving without obtaining prior approval from their supervisor. Additional calls within the two (2) hour period are covered under that minimum time.

12.5. Call Back
An employee who has completed their regular shift and has left the City premises and then is called back to work from their home shall receive a minimum of two (2) hours pay at the overtime rate of time and one-half. Provided, however, that this shall not apply to an employee who is receiving standby pay and can respond from home in order to complete the work.

Any employee who is called back to only on the observed holidays listed below shall retain the holiday hours actually worked, not to exceed eight (8) hours. Holidays hours are to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal 754
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
year when earned will be paid to the employee following the end of the current fiscal year.
• New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)

12.6. Acting Supervisor Differential
An employee designated to act for a full day in the place of a supervisor shall receive an extra five percent (5%) of their base salary as additional compensation, commencing with the first hour after accumulating three (3) working days in the acting supervisory position in any calendar year.

12.7. Night Shift Differential
An employee shall receive a night shift differential of five percent (5%) of their base salary as additional compensation if more than one-half (1/2) of their scheduled work period is before 7:00 a.m. or after 6:00 p.m. This does not apply to Water Treatment Plant Operators who are on a twenty-four (24) hour shift.

12.8. Meal Allowance
For employees who work ten (10) or more continuous hours per day, the City will provide eighteen dollars ($18.00) meal allowance. An additional meal allowance of eighteen dollars ($18.00) will be paid to employees who have been at the work site fifteen (15) hours or more if the City has not been able to provide the employee with a meal at the job site. Employees who work twenty-four (24) hour shifts are not eligible for the meal allowance provision unless they are required to work continuously beyond their shift.

These employees will be eligible for meal allowance, according to the schedule described in this section, during the second twenty-four (24) hour shift.

12.9. Special Recognition
Employees hired prior to the first pay period after ratification and approval by the City Council who have completed five (5) years with the City based on their original hire date as a regular employee will receive sixty dollars ($60) per month in Special Recognition Pay.

Employees hired on or after the first pay period after ratification and approval by the City Council who have completed ten (10) years with the City with based on their original hire date as a regular employee will receive an amount equal to sixty dollars ($60) per month in Special Recognition Pay.

12.10. Holiday Pay
If an employee is required to work on a day being observed as a City holiday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the 755
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
employee's regular rate of pay plus retain the holiday hours, to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

If an employee is required to work on any of the holidays listed below and the holiday falls on a Saturday or Sunday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the employee's regular rate of pay. If that employee also works on the observed holiday (Friday before or Monday after the actual holiday), the employee will not be eligible for overtime compensation for the hours worked on the observed holiday, but will retain the holiday hours to be taken at a later date within the same fiscal year
• New Year's Day (January 1)
• Independence Day (July 4)
• Veteran's Day (November 11)
• Christmas Day (December 25)
When any of the above holidays falls during a paid leave period, employees will receive pay for the holiday in lieu of being charged with the appropriate leave time. If the holiday falls during an unpaid leave period, the employee will not receive holiday pay.

12.11. Bilingual Pay
Premium pay of five percent (5%) shall be provided to employees possessing and utilizing bilingual skills on duty. The number of individuals to receive this pay, the languages eligible, and qualification requirements shall be determined by the City. The standard to be used for eligibility shall be conversational competency.

12.12. Court Time Pay
Off-duty court time for City related matters shall be paid at the rate of one and one-half (1-1/2) times the employee's regular rate of pay with a minimum pay equivalent to three (3) hours worked at the overtime rate. Any off duty time required to appear in court in excess of the three (3) hours in one day shall be compensated at the overtime rate.

12.13. Educational Incentive Program
The City encourages employees to go beyond the minimum job requirements in education and training.

An employee may receive incentive pay for college units and certifications as long as the units were earned independently. That is, units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.1 Pay for College Units
756
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Employees with sixty (60) or more college semester units or the equivalent quarter units shall receive an additional seventy-five dollars ($75) per month; Employees with ninety (90) or more college semester units or the equivalent quarter units shall receive an additional one-hundred twenty dollars ($120) per month.

Units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.2 Pay for Certificates
Employees eligible for incentive pay for certificates shall receive only one of the certificate incentives unless otherwise noted.

12.13.3. Employees in the classifications listed below shall receive the following:
• Water Treatment Plant Operator Apprentice: An additional one percent (1%) per month for a Grade T2 Water Treatment Operator’s Certificate.

Water Treatment Plant Operator II:
• An additional one and one-half percent (1.5%) per month for a Grade T3 Water Treatment Operator’s Certificate.
• An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate.
• An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Water Treatment Plant Operator III:
• An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate.
• An additional two percent (2%) for a Grade T5 Water Treatment Operator’s Certificate.
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Senior Water Treatment Plant Operator:
• An additional two percent (2%) per month for a Grade T5 Water Treatment Operator’s Certificate.
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Water Treatment Plant Operator Apprentice – Senior
• An additional two percent (2%) for a Laboratory Analyst/Water Quality Analyst Certificate Grade I
• Water Treatment Plant Operator Apprentice - Senior shall be eligible to receive certificate incentives concurrently. The total number of employees who receive the Laboratory Analyst/Water Quality Analyst Certificate Grade I incentive is limited to one (1) employee at any given time. • Employees in the Water Treatment Plant Operator classification series may receive one Treatment and one Distribution certificate incentives concurrently.

Treatment Plant Mechanic I/II/Chief:
• An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate.
• An additional one percent (1%) per month for a CWEA Grade I Mechanical Technologist certificate.

Water Meter Technician:
• An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate.

Maintenance Worker/Senior:
• An additional on-half percent (0.5%) per month for a Grade D1 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one percent (1%) per month for a Grade D2 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one percent (1%) per month for a Grade II CWEA Collection System Maintenance Certification for the duration an employee is assigned to perform sewer collection duties. The Director of Public Works/designee will assign such duties and determine the number of employees receiving this assignment at their sole discretion. • An additional one-half percent (0.5%) per month for either a Spray Applicator Certification or a pest Applicator License.
758
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• A Maintenance Worker/Senior shall be eligible to receive one of the water distribution certificate incentives, the collections system maintenance certificate incentive (if assigned as indicated in bullet #4 above) and the Spray Applicator Certificate or a Pest Applicator license incentive concurrently.

Chief Maintenance Worker:
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License.
• A Chief Maintenance Worker shall be eligible to receive one of the water distribution certificate incentives and the Spray Applicator Certificate or a Pest Applicator License concurrently.

Groundskeeper, Chief Parks and Grounds Worker, Parks and Grounds Worker/Senior:
• An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License (.5% maximum). • An additional one and one-quarter percent (1.25%) per month upon possession of an Arborist Certificate.

Recreation Coordinator and Recreation Supervisor I/II:
• An additional one-half percent (0.5%) per month for a Certified Park and Recreation Professional Certification.
• An additional one percent (1%) per month for a Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification. • Recreation Coordinator and Recreation Supervisor I/II shall be eligible to receive both certificate incentives concurrently, provided that the total number of employees who receive the Certified Pool Operator (CPO) or Aquatics Facilities Operator Certification is limited to two (2) employees at any given time.

Electrical Technician:
• An additional five percent (5%) per month for becoming a Certified General Electrician by the California Department of Industrial Relations.

Facilities Maintenance Worker/Aide/Senior/Chief:
• An additional one percent (1%) per month for Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification. 759
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• An additional two percent (2%) per month for Certificate of Completion of coursework in mechanical-electrical technology from an accredited college or university.
• Employees in the Facilities Maintenance classification series shall be eligible to receive one of the pool or aquatics incentives and the mechanical-electrical technology certificate concurrently.

Equipment Mechanic classification series:
• An additional one-half percent (0.5%) per month as a certification incentive for any ASE certification. This amount is limited to one-half percent (0.5%) per month per certification up to a maximum of eight (8) certifications. Upon completion of a Master Certification, five (5%) per month, and any incentive pay for individual ASE certifications will cease.

12.14. Backflow/Cross Connection Control Assignment
An employee who is certified to perform and is assigned to perform Backflow Prevention/Cross Connection Control duties by the Director of Public Works shall receive an additional five percent (5%) to their salary during the term of the assignment. The Director of Public Works will assign such duties and determine the number of employees receiving this assignment at their sole discretion.

The Director of Public Works or designee will determine if the back-up employee is needed to perform Backflow/Cross Connection Control duties. If it is determined that the employee is needed, the employee will be paid a five percent (5%) for only those hours performing the assigned Backflow/Cross Connection Control duties.

12.15. Class A Commercial License
Employees in the classification of Chief Maintenance Worker, Senior Maintenance Worker, Chief Treatment Plant Mechanic, Treatment Plant Mechanic I/II, Senior Water Treatment Plant Operator, Water Treatment Plant Apprentice, Water Treatment Plant Operator II/III and Equipment Mechanic II shall receive an additional five percent (5%) of base salary upon obtaining and maintaining a valid California Class A Commercial driver’s license.

Employees hired on or after January 1, 2017, in the classifications of Chief Maintenance Worker, Senior Maintenance Worker, and Equipment Mechanic II shall be required to obtain and maintain a valid California Class A Commercial driver’s license within one (1) year of appointment.

Employees hired on or after July 20, 2018, in the classifications of Chief Treatment Plant Mechanic and Treatment Plant Mechanic II shall be required to obtain and maintain a valid Class A Commercial driver's license within one ( 1) year of appointment. 760
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

12.16 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.

13. Holidays
Employees shall be entitled to paid holiday leave for the following days:
• New Year's Day (January 1)
• Martin Luther King's Birthday (Third Monday in January) • Presidents' Day (Third Monday in February)
• Cesar Chaves Day (March 31)
• Memorial Day (Last Monday in May)
• Juneteenth (June 19)
• Independence Day (July 4)
• Labor Day (First Monday in September)
• Veterans' Day (November 11)
• Thanksgiving Day (Last Thursday in November)
• Day after Thanksgiving Day (Last Friday in November)
• Christmas Day (December 25)
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. (See Section 12.10 for compensation for work on City holidays.)
Employees shall be entitled to four and one-half (4-1/2) floating holidays per fiscal year.

Management shall make every effort to allow up to one-half (1/2) of the employees to take four (4) hours of paid leave time on Christmas Eve and one-half (1/2) of the employees to take four (4) hours of paid time on New Year’s Eve with each department, if that is the desire of the employees.

Regular, part-time employees shall be entitled to paid holidays on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)

14. Vacation

14.1. Vacation Accrual
Employees accrue vacation as follows:
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
1-5 years of service: 10 days
6-10 years of service: 15 days
11-20 years of service: 20 days
20 + years of service: 25 days

A maximum of two-hundred forty (240) hours of unused, vested time may be accumulated by an employee. The maximum shall increase to three-hundred (300) hours for those employees with twenty (20) or more years of service.

Vacation leave accrual for regular, part-time employees shall be applied on a pro-rated equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)
Upon leaving City employment, an employee shall be paid the monetary value of their vested vacation. Such monetary value shall be calculated based on the employee’s rate of pay at the time of leaving employment.

14.2. Vacation Scheduling
Department heads shall have the full responsibility and discretion for setting vacation periods for all employees under their supervision. Department heads will make every reasonable effort to ensure that employees will be allowed to take vacation in the amount of time equivalent to that earned in the fiscal year.

In setting vacation schedules, the department head or designee shall consider the desires of the employees and the need to maintain an efficient operation of the department. The department head or designee shall also be aware and consider the maximum vacation accrual allowed.

14.3. Vacation Buy Back

14.3.1 Employees with a maximum accrual of two-hundred forty (240) hours may sell back a maximum of twenty (20) hours per calendar year.

14.3.2 Employees with a maximum accrual of three-hundred (300) hours may sell back a maximum of forty (40) hours per calendar year.

14.3.3 Eligible employees electing to cash out vacation hours may do so by completing the process implemented by Human Resources no later than December for the next calendar year. The decision by an employee to cash out vacation hours is irrevocable.
762
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

15. Bereavement and Reproductive Loss Leave

15.1 Bereavement Leave
When a death occurs in an employee’s immediate family, the City will provide time off, with pay, up to a maximum of four (4) days.

15.1.1 An additional one (1) day may be taken, however, this additional time shall be charged against the employees vacation, floating holiday, or sick leave, or taken without pay if no leave time exists. The employee may elect which accrued leave to use.

15.1.2 An additional five (5) days may be granted by the Department Head in their discretion, depending upon the circumstances; however, this additional time shall be charged against the employees vacation, floating holiday, or sick leave, or taken without pay if no leave time exists. The employee may elect which accrued leave to use.

15.1.3 For the purpose of this section, "immediate family" shall be defined as:
• Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child)
• Spouse
• Registered domestic partner
• Children (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a registered domestic partner, or a person to whom the employee stands in loco parentis)
• Sibling (means a person relate to another person by blood, adoption, or affinity through a common legal or biological parent)
• Mother-in-law, father-in-law, daughter-in-law, and son-in-law • Grandparent
• Grandchild

15.1.4 The days of bereavement leave need not be consecutive. The bereavement leave shall be completed within three months of the date of death of the family member or close relative unless otherwise authorized by the Department Head or designee.

15.1.5 The employee, if requested by the Department Head or designee, within 30 days of the first day of the leave, shall provide documentation of the death of the family member. Documentation includes, but is not limited to, a death certificate, a 763
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.

15.1.6 In case of the death of other close relatives, the employee shall be allowed time off with pay, up to a maximum of two (2) days. An additional three (3) days may be granted by the Department Head in his/her discretion, depending upon the circumstances; however, this additional time shall be charged against vacation, floating holiday, or sick leave, or taken without pay if no leave time exists.

Other close relatives include the employee's:
• Brother-in-law
• Sister-in-law
• Step-brother
• Step-sister
• Aunt
• Uncle

15.2 Reproductive Loss

15.2.1 When a reproductive loss event is experienced by an employee the City will provide time off, with pay, up to a maximum of four (4) days per loss event. An additional two (2) days of leave may be taken per loss event; however, this additional time shall be charged against the employee’s vacation, floating holiday, or sick leave accruals, as designated by the employee, or taken without pay if no leave time exists.

15.2.2 The days of reproductive loss leave need not be consecutive. The leave shall be completed within three months of the date of the reproductive loss event. If an employee suffers more than one (1) reproductive loss event within 12 months, they are entitled to 24 days of leave total, where up to 16 days may be City provided time off.

15.2.3 Definitions:

15.2.3.1 Reproductive loss event: the day or, for multiple-day event, the final day of failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.

15.2.3.2 Assisted reproduction: a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation; it does not include any pregnancy achieved through sexual intercourse.

15.2.3 Reproductive loss is defined as a:
764
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• Failed adoption: the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
 This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.
• Failed surrogacy: the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
 This event applies to a person who would have been a parent of a child born as a result of the surrogacy.
• Miscarriage: a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy. • Stillbirth: a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
• Unsuccessful assisted reproduction: an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure.
 This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

15.2.4 Documentation
The employee is not required to provide any documentation supporting their request for reproductive loss leave.

15.2.5 Coordination with Other Leaves
If, prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave from work pursuant to Government Coded Sections 12945, 12945.2, or any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three months of the end date of the other leave.

16. Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave See Personnel Rules

17. Miscellaneous Provisions

17.1. Training

765
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
The City recognizes the value of continued training in obtaining the goals of professionalism and reducing liability to the City and will make every effort to provide training to employees in the bargaining unit.

Training includes job-related workshops, conferences or courses not specifically leading towards a college degree or professional certificate program or business/trade school completion certificate. Courses leading towards job related state or professional association certificates are allowable training activities and fall under the guidelines specified in this section.

Funds for employee training activities will be budgeted by departments each year for the subsequent fiscal year. Unit members must submit requests by the deadline established by the department. Training requests are subject to approval by the department head.

Approved requests will be incorporated into the department’s training budget, as well as department mandated training activities. Since some training activities may not be known at the time the department requests funds, the department will build in a cushion for unanticipated training activities.

In the case of department training, the department will pay for course fees, cost of related certificate, transportation, hotel accommodations and meals in accordance with Administrative Policy IV-B-4, Travel Reimbursement. Training activities for the maintenance of current job required certificates or licenses will be determined by and budgeted by the department.

If an employee requests and the department approves training, including training that will prepare the employee to obtain a job related certificate or license not required of the current job, the department will pay for course fees, cost of the certificate, transportation, hotel accommodations and meals in accordance with Administrative Policy IV-B-4, Travel Reimbursement. Time spent in the training session will be counted as time worked.

17.2. Mileage and Travel Allowance
Subject to prior approval of the department head or designee:

7.2.1 An employee directed to utilize their personal vehicle in the conduct of authorized City business shall be entitled to reimbursement at a rate equal to that allowed by the Internal Revenue Service. Claims for mileage reimbursement must be accompanied by accounting of eligible miles traveled as registered by beginning and ending odometer readings, less miles traveled for personal reasons. 766
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

7.2.2 An employee shall be entitled to reimbursement for actual costs of travel by commercial carrier in connection with authorized City business, when substantiated by receipt showing payment for such travel.

7.2.3 An employee shall be entitled to reimbursement for necessary costs of lodging, meals, registration fees, parking fees, bridge and highway tolls, taxi services and multi-passenger vehicles in the conduct of authorized City business. Claims for such reimbursement must be accompanied by receipt showing payment.

17.3. Light/Limited Duty
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 City, as determined by the department head in their sole discretion.

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.

If light/limited duty is available, and the employee is cleared by an attending physician to perform such work, he/she 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 he/she is assigned for up to 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.

17.4. Safety
All employees covered by this MOU will comply with all Federal (OSHA) and State (CalOSHA), and City safety policies and directives.

The City shall provide all employees with safety training pertinent to the employee's assignments and the appropriate safety equipment.

17.5. Safety Committee
The City shall maintain a City-wide Safety Committee that meets on a regular basis with the goal being to meet once a month. The Committee will have representatives from all departments. Local 39 may appoint three (3) members to serve on the Committee.

17.6. Personnel File
Employees may request removal of adverse/derogatory materials from their personnel files. The City Manager or designee may approve such requests in their sole discretion. 767
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
The City agrees that informal letters of counseling, informal reprimands, and similar documents will not be placed in an employee’s personnel file but may be placed in a supervisory or department file. These documents will be removed within one (1) year if the employee has not been served with a formal discipline on the same or similar subject during that time period.

Formal letters of reprimand will be removed from an employee’s personnel file within two (2) years of occurrence, provided no further disciple on the same or similar subject has been served on the employee within that time period.

17.7 Flex Time/Alternative Work Schedules
The City and Union acknowledge the benefits of flexible/alternative work schedules when they meet the needs of both the City and employees. Employees and/or the Union may propose in writing alternative/flexible schedules to the employee’s supervisor/City. The supervisor/City shall consider such proposals and may approve or deny them in its sole discretion. When an alternate/flexible schedule is approved by the supervisor/City the approved schedule shall be attached to the required Human Resources form for processing. All schedule changes shall begin at the start of a new payroll period. The City may discontinue alternative/flexible schedules and return employees to their regular work schedules at its sole discretion, provided, however, the notice is given to employees pursuant to section 17.14 of this Agreement.

17.8 Rest Periods

17.8.1 All employees working more than six (6) hours in a day shall receive two (2) paid fifteen (15) minute breaks (rest periods) in each day. The first shall occur approximately midway between their starting time and their meal time. The second shall occur approximately midway between their meal time and the end of their workday. All such employees are to take an unpaid meal period of not less than thirty (30) minutes and not more than one (1) hour after a work period of not more than five (5) hours.

All employees who work at least three and one-half (3-1/2) hours but six (6) hours or less in a day will receive one (1) paid fifteen (15) minute break (rest period) each day. This shall occur approximately mid-way between their starting time and their finishing time.

17.8.2 Rest Periods Between Work Days
It is the intent of this Section to provide for and ensure a reasonable amount of rest for employees who may be required to work an extraordinary number of overtime hours between work days or on a continuous emergency work schedule. In such circumstances, the City 768
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
agrees to the following provisions as a means of assuring adequate rest, and the prevention of fatigue and safety hazards. Rest periods in this section shall mean a period of time in which the employee does not have to report to work but is paid at the straight time rate.

17.8.2.1 Employees called into work during the eight (8) hour period immediately preceding the beginning of their regular work shift are entitled to a paid rest period equal to the number of hours actually worked.

17.8.2.2 Employees required to work fourteen (14) to sixteen (16) continuous hours are entitled to a paid rest period of two (2) hours.

17.8.2.3 Employees required to work sixteen (16) or more continuous hours are entitled to a paid rest period of eight (8) hours.

17.8.2.4 The employee may request an alternate rest period either at the beginning or end of their regular work shift. If the employee wants to take the entire day off, the employee may request to use vacation or comp time for those hours not covered by the overlap.

17.8.2.5 Employees not scheduled to work on the following day after being called back to work or on a continuous emergency work schedule shall not be entitled to a rest period.

17.9 Military Leave
See Personnel Rules.

17.10 Jury Duty
See Personnel Rules.

17.11 Water Plant Schedules
The City and Union acknowledge that the operation of the City’s water treatment plant necessitates special scheduling of employees. Attached as Exhibit “B” and incorporated herein are the specific conditions and procedures for the affected positions.

17.12 Shift Change Notice
An employee’s supervisor/designee will provide a two (2) week notice to an employee for regular, on-going shift changes. All shift changes will begin at the start of a new payroll period. The supervisor/designee will attempt to provide at least a one (1) week notice for temporary changes unless unavoidable circumstances arise.

17.13 Job Security
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
If the City proposes to contract out work which has been customarily and routinely performed by bargaining unit classifications, the City shall give the Union ninety (90) days advance notice and an opportunity to meet and confer on the adverse impact.

17.14 Performance Evaluation
See Personnel Rules.

In addition to the Personnel Rules, in the event that an employee does not receive a performance evaluation within the prescribed timelines, it shall be assumed that the employee’s work performance is rated as “Satisfactory.”

17.15 Layoffs
See Personnel Rules.

In addition to the Personnel Rules, the following provisions shall apply:
• Employee shall be given written notice of layoff by the City at least thirty (30) calendar days in advance of the effective date of such layoff. • Employees shall notify the City Manager in writing within five (5) working days of receiving a layoff notice to demote in lieu of layoff.

18. Grievance Procedure and Arbitration

18.1. Grievance Procedure

18.1.1.Definitions
a) Grievance: A grievance is a claimed violation, misapplication, or misinterpretation of a specific provision of this MOU or employee protection contained in any ordinances, resolutions, personnel rules, or written policies which adversely affects the grievant and/or the entire membership of the Union. b) Grievant: A grievant is (1) an employee in the unit who is filing a grievance as defined above; (2) any group of employees adversely affected in a substantially similar manner who are consolidated as a group grievance and thereafter represented by the Union; (3) the Union when the grievance alleges a violation that affects the Union as a whole.

The Union shall have standing under this procedure to initiate a grievance over alleged violations of a specific section(s) of this Agreement that affects the entire Union, an entire department or five (5) or more unit members in any one classification. Union grievances shall be processed beginning at Level III. c) Day: Day shall mean day in which the City's main administrative office is open for business.
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

18.1.2. Process
a) Informal Level: Within ten (10) days from the event giving rise to a grievance or from the date the employee could reasonably be expected to have had such knowledge of such event, the grievant and/or the grievant’s representative shall orally discuss the grievance with their supervisor. The supervisor shall have three (3) days to give an answer to the employee.
b) Formal Levels:

Level I: If the grievant is not satisfied with the resolution proposed at the informal level, he/she may within ten (10) days of receipt of such answer file a formal written grievance with their immediate supervisor on a form provided by the City.

The supervisor shall, within three (3) days have a meeting with the grievant and/or the grievant’s representative and within five (5) days thereafter give a written answer to the grievant on the form provided.

Level II: If the grievant is not satisfied with the supervisor's answer, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the department head who shall, within ten (10) days, meet with the employee and/or the grievant’s representative, and within five (5) days thereafter give a written answer to the grievant.

Level III: If the grievant is not satisfied with the written answer from the department head, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the City Manager or designee. Within fifteen (15) days of 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 within five (5) days.

18.1.3.General Provisions
a) If a grievant fails to carry their grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step utilized.
b) If a supervisor or manager fails to respond with an answer within a given time period, the grievant may appeal their grievance to the next higher level. c) Time limits and formal levels may be waived by mutual written consent of the parties.
d) Proof of Service shall be accomplished by registered mail. e) At each step of the formal grievance procedure, a copy of the decision shall be given to the Union at the same time as the decision is sent to the grievant. 771
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Stationary Engineers, Local 39
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18.1.4. Advisory Mediation (Level IV)
If both parties agree, the parties will participate in advisory mediation in an attempt to settle the case before a hearing is scheduled with the arbitrator. The parties will request a mediator from the State Mediation and Conciliation Service. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If mediation fails to resolve the grievance, the grievance moves to arbitration.

18.1.5. Arbitration (Level V)
If the parties are unable to reach a mutually satisfactory accord on the grievance which arises out of and is presented according to the specific procedures and limitations of the Article during the term of this MOU, such grievance may be submitted by the Union to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager.
a) The Union shall make its intentions to use this provision known within ten (10) days of the final answer given under Level III of Section 18.1.2 subsection (b) above.
b) The fees and expenses of the arbitrator and of a court reporter, if used, shall be shared equally by the Union and the City. If one of the parties waives the right to use a court reporter, and the arbitrator does not require a court reporter, the party requiring the court reporter will bear the full cost of the court reporter. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
c) Decisions of arbitrators on the matter properly before them shall be final and binding on the parties hereto, to the extent permitted by law. d) No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in the unit represented by the Union and unless such a dispute falls within the definition of a grievance as set forth in Section 18, 18.1.1 (a) above.
e) Proposals to add or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. f) 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 772
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
application and interpretation of the provisions of this MOU in the matter referred for consideration.
g) Should the City Manager or designee and the Union fail to reach agreement on the selection of an arbitrator within fifteen (15) days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service or the American Arbitration Association. If a mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains who shall be the selected arbitrator. Any fees in connection with obtaining a list of arbitrators shall be shared equally between the City and the Union.

19. Disciplinary Procedure

19.1. Definition
Days as defined in this Section means calendar days unless expressly stated otherwise.

19.2. Purpose
The purpose of the disciplinary procedure is:
a) To provide employees subject to disciplinary action all rights to which they are entitled by law;
b) To provide an orderly procedure for pre-action notice, response, implementation, and appeal;
c) To correct deficiencies in employee performance and to ensure improvement to meet job standards.

19.3. Employee Representation
An employee may have a representative at all stages of the disciplinary process as outlined in this Section, provided that the representative is not a party to the action.

19.4. 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.

19.5. 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;
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
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; e) The date and time of the response meeting during which the employee and their representative will 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.

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

19.7. Response Meeting
At the time and place 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 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 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.

19.8. Implementation of Discipline
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;
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
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.

The statement shall include the manner and time within which an appeal must be taken, and the required content of the appeal notice.

19.8.1. Letter of Reprimand
An employee may request a meeting with the Assistant City Manager, or designee, to review a Letter of Reprimand within ten (10) days of receipt. The Assistant City Manager, or designee, shall meet with the employee within ten (10) days of the request. The Assistant City Manager or designee, shall have the authority to uphold, modify, or remove the Letter of Reprimand. The decision of the Assistant City Manager, or designee, shall be final.

19.9. Disciplinary Appeal Procedure
The employee, or their representative, after service of an order of disciplinary action as specified in this Article may request that the matter be submitted to an arbitrator as provided in the following Sections. A written request for an appeal must be served upon the City Manager or designee within ten (10) days following receipt of the order of discipline. The demand for a hearing shall include:
a) Specific grounds for review;
b) Copies of materials upon which the discipline is based.

19.10. Selection of an Arbitrator
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 list 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 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 hearing officer.

19.11. 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. 775
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
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 upon both parties.

19.12. Cost of 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 a request shall pay the cost.

19.13. Discipline Retention
a) Upon notice from the employee, Letters of Reprimand shall be withdrawn from an employee’s official personnel file two (2) years from the date of issue, provided there has not been additional formal discipline imposed during the two (2) year period.
b) Upon notice from the employee, disciplinary transfers and suspensions without pay of two (2) days or less shall be withdrawn from an employee’s official personnel file three (3) years from the date of issue, provided there has not been additional formal discipline imposed during the three (3) year period. c) Upon notice from the employee, suspensions without pay of three (3) days or more and disciplinary demotions shall be withdrawn from an employee’s official personnel file five (5) years from the date of issue, provided there has not been additional formal discipline imposed during the five (5) year period.

20. No Lockout
No lockout of unit employees shall be initiated by the City during the term of this MOU.

21. Full Understanding, Modification and Waiver
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal regarding any such matters are hereby superseded or terminated in their entirety.

It is agreed and understood that each party hereto voluntarily and unqualifiedly waives it right to negotiate, and agrees that the other party shall not be required to negotiate with respect to any matter covered herein during the term of this MOU. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s) within the scope of representation during the term of this MOU; provided that no modification to any provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council and the Union. 776
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
The waiver of any breach, term, or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

22. Peaceful Performance
The parties to this MOU recognize and acknowledge that many of the services performed by the City employees covered by this MOU are essential to the public health, safety, and general welfare of the residents of the City. The Union agrees that under no circumstances will the Union recommend, encourage, cause, or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in any strike, sit-down, stay-in, slow-down, or picketing (hereinafter collectively referred to as workstoppage), in any office or department of the City, nor curtail any work or restrict any production, or interfere with any operation of the City. In the event of any work-stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work-stoppage until such workstoppage has ceased.

In the event of any work-stoppage, during the term of this MOU, whether by the Union or by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing and publicize that such work-stoppage is illegal and unauthorized and further direct its members in writing to cease said conduct and to resume work. Copies of such written notice shall be served upon the City. If in the event of any work-stoppage, the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted, or encouraged such workstoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work-stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, as against any employee.

23. Savings Provision
If any provision of this MOU is held to be contrary to law by a court of competent jurisdiction, such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.

24. Term
The MOU represents the entire agreement between the City and the Union on subjects contained herein and shall become of full force and effect on July 1, 2024, unless otherwise noted, and shall continue in full force and effect until June 30, 2027, and shall continue from year-to-year thereafter, unless either party hereto gives written notice to the party in the month of April 2027 that it wishes to modify a provision of this MOU. 777
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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by affixing their signatures on the following page.
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Signature Page to Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
DATED:

City of West Sacramento
By:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
International Union of Operating Engineers,
Stationary Engineers, Local 39, AFL-CIO
By
Bart Florence, Business Manager/ Secretary
By
Jeff Gladieux, President
By
Brandy Johnson, Director of Public Employees
By
Macy Sherman, Business Representative
Bargaining Committee

By
Howard McKinley
By
Jennifer Hall
By
Kevin Jones
By
Juan Sanchez
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Exhibit "A"

REPRESENTED CLASSIFICATIONS
Accounting Technician I/II/III
Chief Facilities Maintenance Worker
Chief Maintenance Worker
Chief Parks & Grounds Worker
Chief Treatment Plant Mechanic
Clerk / Senior Clerk
Electrical Technician
Engineering/GIS Technician
Engineering Technician I/II/III
Equipment Mechanic I/II
Facilities Maintenance Worker / Senior Facilities Maintenance Worker Groundskeeper
Instrumentation Technician
Maintenance Worker/ Senior Maintenance Worker
Parks & Grounds Worker / Senior Parks & Grounds Worker
Permit Technician I/II
Planning Technician
Recreation Coordinator
Recreation Supervisor I/II
Revenue Supervisor
Secretary
Senior Water Treatment Plant Operator
Special Events Supervisor I/II
Stationary Engineer
Traffic Control & Lighting Technician I/II
Treatment Plant Mechanic I/II
Water Meter Technician
Water Treatment Plant Apprentice
Water Treatment Plant Operator II/III
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Exhibit "B"

PROVISIONS FOR PERSONNEL AT WATER TREATMENT PLANT
I. Workshift
Water Treatment Plant Operators are generally required to work a 24 hours on; 48 hours off shift.

Other Water Treatment Plant staff work an eight (8) hours per day schedule, but may be required to work a 24 hour shift occasionally during operator holidays, vacations, or sick leave.

The 24 hour shift commences at 7:00 a.m.

The first 16 hours of the 24 hour shift is considered a work shift and paid at the operator’s base hourly rate of pay.

The final 8 hours of the 24 hour shift is considered standby (see Section 12.4) and is not considered as paid work time. If the operator is interrupted by a call to duty during standby, the interruption is counted as time worked and paid at 1-1/2 times the base hourly rate of pay. If the operator cannot get at least five (5) hours of sleep during standby, the entire eight (8) hour standby will be counted as time worked and paid at 1-1/2 times the base hourly rate of pay. The five (5) hours of sleep need not necessarily be five (5) continuous, uninterrupted hours of sleep.

II. Work Schedule
Under the 24 hours on/48 hours off shift schedule, each operator will work a total of 224 hours in a six (6) week period or an average of 74.66 hours every bi-weekly pay period.

Sat Sun Mon Tue Wed Thurs Fri
Wk 1 X Y Z X Y Z X (A)
Wk 2 Y Z X Y Z X Y
Wk 1 Z X Y Z X Y Z (B)
Wk 2 X Y Z X Y Z X
Wk 1 Y Z X Y Z X Y (C)
Wk 2 Z X Y Z X Y Z
Wk 1 X Y Z X Y Z X (D)
Wk 2 Y Z X Y Z X Y
(A) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 64 hours / bi-weekly pay period (B) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 4 shifts x 16 hours = 64 hours / bi-weekly pay period 781
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (C) X = 4 shifts x 16 hours = 64 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (D) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 80 hours / bi-weekly pay period

74.66 average work hours per bi-weekly pay period
NOTE: An employee working a traditional 8-5 schedule works 2080 hours in a year. Under the Water Treatment Plant Operator's schedule, an employee works approximately 1946 hours per year.

III. Shift Change
As noted in the work shift section, there are two (2) groups of Water Treatment Plant staff; one group assigned to twenty-four (24) hour shifts and another group assigned to the traditional eight (8) hours per day, forty (40) hours per work week shift. A traditional eight (8) hours per day, forty (40) hours per work week employee may be required to fill in for a twenty-four (24) hour shift employee.

If he/she receives the required two (2) work week notification, all provisions of this document which cover twenty-four (24) hour shift personnel will apply as if that was a normally assigned shift. Notice of shift change shall be in writing and acknowledged by the employee. Should he/she receive less than a two (2) work week notification of shift change, he/she will be treated as a traditional eight (8) hours per day, forty (40) hours per week employee and will receive overtime after the first eight (8) hours of the sixteen (16) hour work shift.

In addition, the employee filling in will be paid for the hours actually worked. If the employee fills in for an operator who is scheduled for a two (2) shift work week (32 hours), he/she must work an additional eight (8) hours during that work week to ensure that he/she is paid for forty (40) hours.
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
IV. Payroll Reporting
How to Complete the Electronic Timesheet
Employees at the Water Treatment plant will fill-out their timesheet by coding each day of scheduled work as sixteen (16) hours at Straight-time (3001 REG PAY), and eight (8) hours of standby pay (3040 SHFT DIFF/WATER.) If an employee is scheduled a vacation, they would use the Vacation Code to record vacation used (3410 VACATION USED.) Of course, if an employee calls in sick on a scheduled workday, they would use the Sick Leave used code (3210 SICK SELF.) In order to ensure that overtime is paid for the hours worked over forty (40) per week as part of the regular schedule, the employee must code four (4) hours of [email protected]. (3023 [email protected] Water), in addition to coding the sixteen (16) hours Straight-time. This should be done on the last day of the three (3)-shift week.

Reporting Standby Pay
Use code 3040 – SHFT DIFF/WATER to record standby pay in the electronic timesheet. As stated above, treatment plant operators work a 24-hour shift. Sixteen (16) is considered the regular part of the shift, and eight (8) is considered the standby part of the shift. The eight (8) hours of the standby should be entered into the electronic timesheet as follows:
3001 – REG PAY 16.0
3039 – STANDBY/PW 8.0
Reporting Holidays
A 24-hour shift employee is entitled to ten - 8-hour City holidays per fiscal year, and 4-1/2 days (36 hours) of floating holidays. A 24-hour shift employee who works on any of the holidays listed in Article 12, Section 12.10 of the MOU shall be paid one and one-half (1-1/2) times their base rate of pay for the work shift portion (16 hours) of their 24-hour shift. Additionally, the operator may retain eight (8) hours of holiday to be taken later in the same fiscal year. In the event the employee does not use the eight (8) hours of holiday prior to the end of the fiscal year, he/she will be paid for the hours at their base rate of pay.

An employee who works on a City holiday and wishes to be paid for the retained holiday hours should enter the following into the electronic timesheet:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0

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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
An employee who works on a City holiday and wishes to retain the holiday hours to be taken at a later time in the fiscal year should record the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
There is no need to code the eight (8) hours holiday for retention purposes. The retained holiday hours will be automatically credited to the employees holiday leave balance.

If an employee’s regular day-off is on a City holiday, and he/she wishes to be paid for the holiday hours, they should code their electronic timesheet as follows:
3320 – HOLIDAY PAYOFF 8.0
If any employee whose regular day off is on a City holiday, and he/she wishes to retain the holiday hours to be taken at a later time in the fiscal year, he/she need not code their electronic timesheet. The retained holiday hours will be automatically credited to the employee’s holiday leave balance and no payroll entry is necessary.

At any time during the fiscal year that an employee wants to be paid for the holiday hours accrued year to date, they should code their electronic timesheet as follows:
3320 – HOLIDAY PAYOFF # of hours to be paid-off
If a holiday falls on the last shift of a three (3)-shift workweek, an employee must report the last shift (16 hours) in the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0
3023 – OT@ST/WTR 4.0
Of course, as above, if an employee wishes to retain the holiday hours, no coding of holiday hours is necessary for the hours to add to employee’s accrued leave balance.

Reporting Shift Hours
Record "shift" hours on the day the shift commences even though the last hour of the shift falls on the following day. For example, "Joe" starts their shift at 7:00 a.m. on Tuesday and completes it at 7:00 a.m. on Wednesday. The one hour of work from 6:00 a.m. to 7:00 a.m. should be recorded with the other fifteen (15) hours on Tuesday. If Wednesday is a holiday, "Joe" will still 784
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
report the one (1) hour from Wednesday with Tuesday's fifteen (15) hours. "Joe" will not receive the holiday pay rate for the one (1) hour. Conversely, if Tuesday is the holiday, "Joe" will report all sixteen (16) hours as holiday hours worked. He will receive the holiday pay rate for the one (1) hour worked on Wednesday, a non-holiday.

Reporting Overtime Hours
All hours worked beyond forty (40) hours per week, or sixteen (16) hours per shift shall paid at 1-1/2 times the base hourly rate of pay. Overtime can also be accrued as comp time at 1-1/2.

Record overtime or comp time in the electronic timesheet as follows:
3001 – REG PAY 16.0
3014 – [email protected]. # of hours beyond 16. The total hours for the day cannot exceed 24
3039 – STANDBY/PW 8.0
Or to code comp time:
3001 – REG PAY 16.0
3100 – CTO @1.5 # of hours beyond 16. The total hours for the day cannot exceed 24
3039 – STANDBY/PW 8.0
Reporting Vacation, Sick Leave, and CTO
Use the appropriate code to report hours taken as vacation, sick, or CTO. These hours are to replace your regular shift hours.
785
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Exhibit "C"
Years of Service
Years of Service will be calculated from the employee’s date of hire with the City of West Sacramento, East Yolo Community Services District, or Washington Water.

Replacement of Social Security Benefits
The parties agree to the following in order to fully replace any and all benefits that were lost to the former East Yolo Community Services District (EYCSD) employees when the City of West Sacramento chose not to participate as active contributors in the Federal Social Security System:

For employees hired prior to January 1, 1987, after all mandatory contributions by both the employer and employee which remain or result from the employee's not participating fully in the Social Security System and the California Public Employee's Retirement System (CalPERS) by the City and the employee, as of December, 1986, the remainder shall be placed into an employee's account in an approved deferred compensation program. While the employer agrees to match the employee's contribution to the deferred compensation plan, its total contribution (together with other obligations, e.g., Medicare, additional CalPERS, etc.) shall not exceed the City's total obligation for combined CalPERS and Social Security contributions on behalf of the employee as of December 1986.

For example: Employee $1,800/mo. gross pay:

December 1986
Employer's Contribution Employee's Contribution
CalPERS* 14.27% $256.86 0.00% $0.00
Medicare 1.45% 26.10 1.45% 26.10
Total 15.72% $282.96 1.45% $26.10
*On gross pay less $133.33 because of coordination of Social Security January 1987
Employer's Contribution Employee's Contribution
CalPERS 14.27% $256.86 0.00% $0.00
Medicare 1.45% 26.10 1.45% 26.10
Sub Total 15.72% $282.96 1.45% 26.10
Trust Fund 4.64% $83.57 5.70% $102.70
Total 20.36% $366.53 7.15% $128.70
Employees who are currently excluded from coverage under Social Security shall have the option to contribute to the deferred compensation plan but such voluntary contributions shall not be matched by employer contributions.

Any obligations arising under this Section shall cease should the employer and subject employees become covered by the Social Security System.
786

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF WEST SACRAMENTO
AND
STATIONARY ENGINEERS, LOCAL 39

Effective July 1, 2024 through June 30, 2027
787
i

TABLE OF CONTENTS

1.General Provisions......................................................................................... 43

2.City Rights...................................................................................................... 43

3.New Classifications ........................................................................................ 44

4.Union Rights................................................................................................... 44

5.Administration of Compensation .................................................................... 46

6.Salary Increases............................................................................................. 47

7.Probationary Period........................................................................................ 47

8.Retirement...................................................................................................... 48

9.Health and Welfare Benefits........................................................................... 48

10.Sick Leave Benefits and Program Incentives ............................................... 50

11.Safety Equipment and Uniforms................................................................... 52

12.Special Pays ................................................................................................ 52

13.Holidays ....................................................................................................... 61

14.Vacation ....................................................................................................... 61

15.Bereavement Leave ..................................................................................... 63

16.Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave 65

17.Miscellaneous Provisions ............................................................................. 65

18.Grievance Procedure and Arbitration ........................................................... 70

19.Disciplinary Procedure ................................................................................. 73

20.No Lockout ................................................................................................... 76

21.Full Understanding, Modification and Waiver............................................... 76

22.Peaceful Performance.................................................................................. 77

23.Savings Provision......................................................................................... 77

24.Term............................................................................................................. 77 Signature Page to Memorandum of Understanding .......................................... 79 Exhibit "A"............................................................................................... 80 Exhibit "B"............................................................................................... 81 Exhibit "C"............................................................................................... 86 788
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

1. General Provisions

1.1. Parties to the Agreement
This Memorandum of Understanding (hereinafter MOU) is jointly prepared and executed by representatives of the City of West Sacramento (hereinafter CITY) and Stationary Engineers, Local 39 (hereinafter UNION) for presentation to, and consideration by, the City Council of the City of West Sacramento. It shall not be binding until adopted by the City Council of the City.

1.2. Recognition and Scope
The City hereby recognizes the Union as an exclusive recognized employee organization for purposes of Government Code 3500 et. seq. Such recognition shall extend only to the representation of regular, provisional, limited term and probationary employees occupying classifications as provided in Exhibit "A" attached hereto and incorporated therein and any other new classifications subsequently adopted by the City and approved by the Union.

2. City Rights

2.1. In General
All City rights and functions, except those which are expressly abridged by this agreement, shall remain vested with the City. Nothing in this agreement shall be construed to restrict any legal or inherent exclusive City right with respect to matters of general legislative or managerial policy which include, but are not limited to:
a) To determine the nature and extent of the services to be performed, as well as the right to determine and implement its public function and responsibility; b) 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;

c) To establish, modify, determine or eliminate job classifications and allocate City positions to such classifications;
d) To direct the work force, including the right to hire, assign, promote, demote, or transfer an employee;

e) Require overtime work;
f) To reprimand, suspend, discharge, or otherwise discipline employees; g) To layoff employees from duty for lack of work, lack of funds, or any other reason; 789
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
h) To manage facilities and operations of the City including the methods, means, and personnel by which the City operations are to be conducted; i) Take all necessary actions to prepare for and carry out its mission in emergencies; j) To determine the processes, techniques, methods, and means for all operations, including changes, allocation or adjustments of any machinery or equipment; k) To promulgate, modify, and enforce work rules, safety rules, and regulations.

2.2. Employee Grievances Not Impaired
The exercise of the City management rights shall not preclude grievant from presenting a grievance concerning an adverse effect of the exercise of such rights upon him/her; provided, however, the basic right of management to act hereunder or make decisions is unimpaired.

2.3. Consultation with Union
This agreement is not intended to restrict the right of the City to consult with the Union regarding matters within the right of the City to determine nor shall it deny the Union the right to be consulted on the classification or reclassification of positions.

3. New Classifications
The City agrees to provide the Union with copies of proposed classification descriptions of any new position prior to consideration by the City Council. The Union and the City will negotiate over the proposed classification descriptions and the initial salaries.

4. Union Rights

4.1. Union Representation
The City recognizes and agrees to deal with designated stewards and representatives of Union on all matters relating to grievances and the interpretation, application, or enforcement of the express terms of this MOU.

4.2. Shop Stewards
The Union shall designate Shop Stewards and shall thereupon immediately furnish the City with the Steward's name. Notwithstanding Section 4.1 above, the Stewards will not be recognized by the City until their name is received by the City Manager or designee. 790
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

4.3. Union Security
a) The City shall continue existing payroll deductions for Unit employees who are Members of the Union. The City shall start or stop deductions for dues or union benefit premiums, or both, following receipt of notice from the Union that authorization has been provided to the Union by an employee in the Unit. Should there be a dispute regarding the deduction of dues, the Union shall provide the City with a copy of the authorization(s) signed by the employee. The payments shall be made by authorized payroll deduction.
b) The City shall notify the Union of all newly hired employees and/or employees who move into a position covered by the Union. To the extent known, the City shall provide the following information to the Union: Name, Job Classification, Department, Work Location, Work Phone Number, Personal Home and Cellular Phone Numbers, Work and Personal Email address and Personal mailing address within thirty (30) days of hire and updated information on all employees at least once every one hundred twenty (120) days. It is the Union's obligation to notify all such employees of their rights and obligations under 3502.5 of the California Government Code. However, the City will provide all new employees with membership applications and dues deduction forms upon hire. c) Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided up to thirty (30) minutes to attend the City's regularly scheduled new-employee orientations so that they may provide information about the Union and the labor agreement. The new-employee orientation schedule shall be established by the City. The City shall provide the Union at least ten (10} days advance notice of a new-employee orientation. In cases of emergency staffing the Union may agree to waive the ten (10) day advance notice if requested by the City, provided that the Union retains the right to meet with the new hire(s) within ten (10) days of hire. In the event that a Union Business Representative cannot attend a new-employee orientation, Union Shop Stewards who are designated by the Union Business Representative, shall be granted paid release time to attend the new-employee orientation. Only one (1) shop steward shall be released to attend a new-employee orientation.

4.4. Dues Deduction
a) The City agrees to deduct and remit to the Union all authorized dues deductions and Initiation fees from Union members. The Union shall be responsible for notifying the City the amount of dues and initiation fees to be deducted from Union Members.
b) The written authorization for approved insurance, benefit, and savings program and the amounts of dues deducted shall be charged by the City upon written request of an affected employee after notification by the Union. 791
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
c) Dues deduction and initiation fees shall remain in force and effect during the life of this MOU between the City and the Union, unless canceled in writing within a two (2) week period between June 1 and June 15 of any year. d) The City will promptly remit dues and initiation fees deducted to the Union together with a list of the employees who have had said fees deducted.

Deductions of dues will be made each pay period; provided, however, that the City and the Union may make other arrangements by mutual agreement. e) The Union agrees to indemnify, defend, and hold harmless the City against any claims of any nature and lawsuit against the City made or arising from City check­off for dues and initiation fees, insurance, or benefit program of the Union. f) In any case where an employee does not have sufficient funds to provide for payment of authorized dues deductions and/or initiation fees, the Union shall be responsible for collection from the employee.
g) The Union shall submit annual financial reports to the City and unit employees as required by California Government Code 3502.5.

5. Administration of Compensation

5.1. Pay Periods
All salaries shall be paid on a bi-weekly basis. Bi-weekly pay days shall be fixed to occur no later than one (1) week following the completion of the pay period.

5.2. Compensation for Portion of Pay Period
A regular employee who is in pay status for less than a full pay period shall have their pay computed on an hours worked basis.

5.3. Classification Plan

5.3.1 For employees hired as a regular employee prior to August 21, 2019, the salary range consists of five (5) steps (A through E) with approximately five percent (5%) between each step.

5.3.1.1 When an employee hired prior to August 21, 2019, reaches the top step (E step) of the 5 step salary range of their current classification, they will then be placed at the top step (I step) of the nine (9) step salary schedule.

Once all employees hired prior to August 21, 2019, reach the top step of their current classification range, and they move to the top step of the nine 792
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
(9) step salary schedule, then the five step (5) salary schedule shall be eliminated.

5.3.2 For employees hired as a regular employee after August 21, 2019, the salary range consists of nine (9) steps (A through I) with approximately two-point five percent (2.5%) between each step.

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

6. Salary Increases

6.1 Salary Adjustments
All classifications in the bargaining unit shall receive the following:

6.1.1 Effective the pay period inclusive of July 1, 2024, a general salary increase of five percent (5.0%).

6.1.2 Effective the pay period inclusive of July 1, 2025, a general salary increase of five percent (5%).

6.1.3 Effective the pay period inclusive of July 1, 2026, a general salary increase of five percent (5%).

6.2 Signing & Retention Bonus Pay
Effective the pay period inclusive of July 1, 2024 all employees will receive a one-time, non-PERSable lump sum signing bonus of two thousand five hundred dollars ($2,500).

Effective the pay period inclusive of July 1, 2025, all employees will receive a one-time non-PERSsable lump sum retention payment in the amount of fifteen hundred dollars ($1,500).

Effective the pay period inclusive of July 1, 2026, all employees will receive a one-time non-PERSable lump sum retention payment in the amount of twelve hundred dollars ($1,200).

7. Probationary Period
Employees shall have a six (6) month probationary period. This probationary period may be continued up to an additional six (6) months.
793
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

8. Retirement
a) The retirement program with CalPERS for employees hired before February 11, 2012, shall include the 2.5% @ 55 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire eight percent (8%) of the employee’s CalPERS contribution on a pre-tax basis.
b) The retirement program with CalPERS for employees hired on or after February 11, 2012, shall include the 2% @ 60 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire seven percent (7%) of the employee’s CalPERS contribution on a pre-tax basis.
c) The retirement program with CalPERS for employees hired on or after January 1, 2013 and who are new CalPERS members, shall include the 2% @ 62 formula in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA) and includes highest thirty-six (36) months for final compensation determination and Unused Sick Leave Credit. The employee shall be responsible for the contribution rate of fifty percent (50%) of the total normal cost rate of the employee’s CalPERS contribution on a pre-tax basis.

9. Health and Welfare Benefits

9.1. Active Employees
An eligible unit employee may select group medical, dental, and vision offered by the City, subject to reasonable and customary participation limitations. The plan shall entitle the employee and their dependents to group hospital, medical, and prescription drug benefits according to the plan's design and limitations.

9.1.1. Medical, Dental and Vision Insurance

9.1.1.1 The cafeteria plan amount for health benefits (medical, dental and vision) for:
• Employee Only: shall either be equal to one hundred percent (100%) of the cost of the Kaiser plan for employee only and one hundred percent (100%) of the cost of employee only basic dental and basic vision or equal to $865, whichever is greater;
• Employee Plus One: the cafeteria plan amount shall either be equal to eighty percent (80%) of the Kaiser plan for employee plus one and eighty percent (80%) of the cost of employee plus one basic dental and basic vision or equal to $1255, whichever is greater;
794
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• Employee Plus Two or More: the cafeteria plan amount shall either be equal to eighty percent (80%) of the costs of employee plus two or more and eighty percent (80%) of the cost of employee plus two or more basic dental and basic vision or equal to $1625, whichever is greater.

In no event shall any of the cafeteria plan contributions exceed 100% of the selected plan premium cost.

9.1.2. Share the Savings (Medical Opt Out)
• Employees hired prior to August 21, 2019, who opt out of the City's medical plans and show proof of enrollment in another group medical plan shall receive four hundred dollars ($400) per month plus City paid basic dental and basic vision up to the Employee Plus Two or More rate depending on coverage selected. • Employees hired on or after August 21, 2019, who opt out of the City’s medical plans and show proof of enrollment in another group medical plan will receive four hundred dollars ($400) plus City paid basic dental and basic vision at the Employee Only rate. Employees may purchase dental/vision coverage up to the family rate with opt out funds.

9.1.3 Alternative Health Programs
The City reserves the right to offer alternative health programs to any employee, or to provide the existing coverages through other carriers, so long as no additional cost accruesto the employee. The City will consult with the Union prior to making any changes under this section.

9.2. Retired Employees

9.2.1 For employees first hired before August 21, 2019, the City agrees to pay for medical and dental premiums for retirees pursuant to the following schedule:
10-14 years of service: $50 + 25% of the premiums
15-19 years of service: $75 + 30% of the premiums
20 or more years of service: $100 + 50% of the premiums In all cases, this benefit is not to exceed seventy-five percent (75%) of the total premium or seven-hundred fifty dollars ($750.00) per month, whichever is less.

Additionally, retirees would be subject to the rules and regulations promulgated by the plan administrator as it relates to retirees.

9.2.2 Employees first hired on or after August 21, 2019:

For new employees first hired on or after August 19, 2019, the City’s maximum monthly medical contribution for each eligible retiree shall be equal to the 795
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA).

The following contributions 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 twentyfive ($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.

9.2.3 Rehired employees
Rehired employees will fall under the medical retirement tier based on original date of hire as a regular employee.

9.3. Life Insurance
The City shall provide a $20,000 term life insurance policy for employees, and a $1,000 policy per dependent, at no cost to the employee.

9.4. Long-Term Disability Insurance
The City shall provide a long-term disability insurance plan to unit members. The City will pay the premiums.

10. Sick Leave Benefits and Program Incentives

10.1. Philosophy
Sick leave is acknowledged to be an insurance type benefit, which shall only be used as specified below when a sufficient sick leave balance is available. Misuse or abuse of sick leave by an individual may result in its use being denied and disciplinary action taken against the employee.

10.2. Sick Leave Accrual
796
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Each employee shall accrue sick leave at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.).

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

10.3.1 Employee’s own illness or injury or exposure to a contagious disease which incapacitates such employee from their duties.

10.3.2 Employee’s own medical or dental appointment(s).

10.3.3 Employee must care for a member of their family because of illness, injury or exposure to a contagious disease and when the care of such employee is definitely required, or for their family member’s medical or dental appointments.

As used in this subsection, "family" means husband, wife, domestic partner, child, brother, sister, parents, grandparents or spouse's parents, brother, sister or grandparents. “Child” is defined as a biological, foster, or adopted child, a stepchild, a legal ward or a child of a person standing “in loco parentis” (refers to a person who has put him/herself 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).

10.3.4 Employee must care for a “designated person’. A “designated person” means a person identified by the employee at the time the employee requests paid sick days. An employee is limited to one (1) designated person per 12-month period for paid sick days.

10.3.5 Employee is a victim of domestic violence, sexual assault, or stalking, and needs to obtain or attempt to obtain any relief per Labor Code subdivision (c) of Section 230 and subdivision (a) of Section 230.1
The City Manager or designee may request a doctor's certificate or other documentation as proof of necessity for absences in order for sick leave to be granted.

10.4. Sick Leave Payoff
Upon termination of any employee eligible to accumulate sick leave credits for reason of layoff, retirement or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for fifty percent (50%) of the total sick leave credits accumulated by the employee. Employees who retire have the option to choose between a cash-out of up to fifty percent (50%) of their unused sick leave, with the remaining amount reported to CalPERS OR in lieu of any cash-out, the reporting of one-hundred percent (100%) of their unused sick leave to CalPERS. No 797
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
employee whose services are terminated by reason of discharge for cause or by reason of resignation shall be eligible for payment of any portion of accumulated sick leave credits.

11. Safety Equipment and Uniforms

11.1. Safety Equipment
For employees listed in the classifications below, and other new classifications deemed appropriate by the City and agreed to by the Union, the City will provide and replace as needed ANSI approved safety shoes, up to three hundred and fifty dollars ($350) per pair, limited to two pairs annually. In the event of unusual and excessive wear and tear, and employee may be reimbursed for an additional pair at the discretion of the department head and/or designee. Employees requiring prescription safety glasses will follow the procedure in Public Works Standard Operating Procedure (SOP) No. ADM-4A:
• Electrical Technician
• Equipment Mechanic Series
• Facilities Maintenance Worker Series
• Groundskeeper
• Instrumentation Technician
• Maintenance Worker Series
• Parks & Grounds Worker Series
• Stationary Engineer
• Traffic Control & Lighting Technician Series
• Treatment Plant Mechanic Series
• Water Treatment Plant Operator Series
The City reserves the right to establish a common provider. City will attempt to find sufficient provider(s) so that employees will have an adequate selection in convenient locations.

11.2. Uniforms
Any employee required to wear a uniform will be provided with same or compensated accordingly. The level of compensation for acquisition and maintenance will be that which is mutually agreed upon by the City and the Union as determined by the uniform required and the associated wear and tear. Uniforms shall consist of pants, shirt, jacket, and such other articles of clothing or accessories as are selected, furnished, and maintained by the City at its expense. Foul weather gear, such as hip boots, slickers, rainsuits, and work gloves shall also be furnished by the City when needed. Uniforms shall be worn by such employees as determined by the City.

12. Special Pays

12.1. Overtime
798
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Employees shall be compensated only for overtime work approved by the department head or designee. Employees required to work in excess of the normal work day or work week shall be compensated for such overtime with pay at one and one-half (1-1/2) the hourly equivalent of the employee's monthly base salary multiplied by the number of overtime hours worked. The definition of a “normal” workday is eight (8) hours and the definition of a “normal” workweek is forty (40) hours.

Employees in the classification of Recreation Supervisor I/II or Recreation Coordinator are eligible for daily overtime after ten (10) hours of work per day. Authorized overtime may be compensated by compensatory time off, at the above rate if agreeable to the City and employee; otherwise compensation shall be paid at the overtime rate. Absence with pay shall be counted as time worked, except that an employee taking unscheduled sick leave shall not receive premium overtime compensation until he/she has actually worked eight (8)∗ hours in any day. Applications of this rule shall be only to the day that unscheduled sick leave is taken, however, time worked in excess of eight (8)∗ hours in a day shall not be counted in determining whether an employee has worked in excess of their normal work week.

12.1.1 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 Department Head or designee, 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 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.

12.2. Overtime Distribution
Overtime will be assigned to individuals possessing necessary skills and/or availability as determined by management in its sole discretion. If more than one individual possesses the necessary skills and/or availability, the City shall make a reasonable effort to distribute overtime on an equitable basis.

12.3. Scheduled Overtime
An employee who is assigned to work scheduled overtime shall receive compensation at the premium rate for the actual time worked.
∗ Ten (10) hours for employees in the classification of Recreation Supervisor I/II, and Recreation Coordinator.
799
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

12.4. Standby

12.4.1 Any employee required to be available for standby duty shall be paid three dollars ($3.00) for each assigned hour of such duty in which the employee is not in any other pay status upon adoption of this MOU by the City Council. This section applies to the “sleep time” for Water Treatment Plant Operators and will not exceed eight (8) hours per shift for this classification.

12.4.2 Any employee who is on standby only during the observed holidays listed below shall retain four (4) holiday hours, in addition to standby. If an employee is called into work per Section 12.5 Callback, the employee may also retain the holiday hours actually worked over four (4) hours, up to a maximum of eight (8) holiday hours retained.
• New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)

12.4.2.1 Holiday hours are to be taken at a later date within the same fiscal year.

Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

12.4.3 If an employee is assigned to standby and receives telephone contacts, and is engaged in a problem solving resolution which exceeds fifteen (15) minutes, the employee shall receive the two (2) hour minimum call back pay, or actual time worked, whichever is greater. Employees shall make a reasonable effort to obtain approval from their supervisor prior to engaging in the problem solving. The City recognizes that there may be times when prior approval may not be possible due to supervisor availability and/or calls of an emergent nature. In such instances, employees may engage in telephonic problem solving without obtaining prior approval from their supervisor. Additional calls within the two (2) hour period are covered under that minimum time.

12.5. Call Back
An employee who has completed their regular shift and has left the City premises and then is called back to work from their home shall receive a minimum of two (2) hours pay at the overtime rate of time and one-half. Provided, however, that this shall not apply to an employee who is receiving standby pay and can respond from home in order to complete the work.

Any employee who is called back to only on the observed holidays listed below shall retain the holiday hours actually worked, not to exceed eight (8) hours. Holidays hours are to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal 800
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
year when earned will be paid to the employee following the end of the current fiscal year.
• New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)

12.6. Acting Supervisor Differential
An employee designated to act for a full day in the place of a supervisor shall receive an extra five percent (5%) of their base salary as additional compensation, commencing with the first hour after accumulating three (3) working days in the acting supervisory position in any calendar year.

12.7. Night Shift Differential
An employee shall receive a night shift differential of five percent (5%) of their base salary as additional compensation if more than one-half (1/2) of their scheduled work period is before 7:00 a.m. or after 6:00 p.m. This does not apply to Water Treatment Plant Operators who are on a twenty-four (24) hour shift.

12.8. Meal Allowance
For employees who work ten (10) or more continuous hours per day, the City will provide eighteen dollars ($18.00) meal allowance. An additional meal allowance of eighteen dollars ($18.00) will be paid to employees who have been at the work site fifteen (15) hours or more if the City has not been able to provide the employee with a meal at the job site. Employees who work twenty-four (24) hour shifts are not eligible for the meal allowance provision unless they are required to work continuously beyond their shift.

These employees will be eligible for meal allowance, according to the schedule described in this section, during the second twenty-four (24) hour shift.

12.9. Special Recognition
Employees hired prior to the first pay period after ratification and approval by the City Council who have completed five (5) years with the City based on their original hire date as a regular employee will receive sixty dollars ($60) per month in Special Recognition Pay.

Employees hired on or after the first pay period after ratification and approval by the City Council who have completed ten (10) years with the City with based on their original hire date as a regular employee will receive an amount equal to sixty dollars ($60) per month in Special Recognition Pay.

12.10. Holiday Pay
If an employee is required to work on a day being observed as a City holiday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the 801
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
employee's regular rate of pay plus retain the holiday hours, to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

If an employee is required to work on any of the holidays listed below and the holiday falls on a Saturday or Sunday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the employee's regular rate of pay. If that employee also works on the observed holiday (Friday before or Monday after the actual holiday), the employee will not be eligible for overtime compensation for the hours worked on the observed holiday, but will retain the holiday hours to be taken at a later date within the same fiscal year
• New Year's Day (January 1)
• Independence Day (July 4)
• Veteran's Day (November 11)
• Christmas Day (December 25)
When any of the above holidays falls during a paid leave period, employees will receive pay for the holiday in lieu of being charged with the appropriate leave time. If the holiday falls during an unpaid leave period, the employee will not receive holiday pay.

12.11. Bilingual Pay
Premium pay of five percent (5%) shall be provided to employees possessing and utilizing bilingual skills on duty. The number of individuals to receive this pay, the languages eligible, and qualification requirements shall be determined by the City. The standard to be used for eligibility shall be conversational competency.

12.12. Court Time Pay
Off-duty court time for City related matters shall be paid at the rate of one and one-half (1-1/2) times the employee's regular rate of pay with a minimum pay equivalent to three (3) hours worked at the overtime rate. Any off duty time required to appear in court in excess of the three (3) hours in one day shall be compensated at the overtime rate.

12.13. Educational Incentive Program
The City encourages employees to go beyond the minimum job requirements in education and training.

An employee may receive incentive pay for college units and certifications as long as the units were earned independently. That is, units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.1 Pay for College Units
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Employees with sixty (60) or more college semester units or the equivalent quarter units shall receive an additional seventy-five dollars ($75) per month; Employees with ninety (90) or more college semester units or the equivalent quarter units shall receive an additional one-hundred twenty dollars ($120) per month.

Units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.2 Pay for Certificates
Employees eligible for incentive pay for certificates shall receive only one of the certificate incentives unless otherwise noted.

12.13.3. Employees in the classifications listed below shall receive the following:
• Water Treatment Plant Operator Apprentice: An additional one percent (1%) per month for a Grade T2 Water Treatment Operator’s Certificate.

Water Treatment Plant Operator II:
• An additional one and one-half percent (1.5%) per month for a Grade T3 Water Treatment Operator’s Certificate.
• An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate.
• An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Water Treatment Plant Operator III:
• An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate.
• An additional two percent (2%) for a Grade T5 Water Treatment Operator’s Certificate.
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Senior Water Treatment Plant Operator:
• An additional two percent (2%) per month for a Grade T5 Water Treatment Operator’s Certificate.
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Water Treatment Plant Operator Apprentice – Senior
• An additional two percent (2%) for a Laboratory Analyst/Water Quality Analyst Certificate Grade I
• Water Treatment Plant Operator Apprentice - Senior shall be eligible to receive certificate incentives concurrently. The total number of employees who receive the Laboratory Analyst/Water Quality Analyst Certificate Grade I incentive is limited to one (1) employee at any given time. • Employees in the Water Treatment Plant Operator classification series may receive one Treatment and one Distribution certificate incentives concurrently.

Treatment Plant Mechanic I/II/Chief:
• An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate.
• An additional one percent (1%) per month for a CWEA Grade I Mechanical Technologist certificate.

Water Meter Technician:
• An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate.

Maintenance Worker/Senior:
• An additional on-half percent (0.5%) per month for a Grade D1 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one percent (1%) per month for a Grade D2 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one percent (1%) per month for a Grade II CWEA Collection System Maintenance Certification for the duration an employee is assigned to perform sewer collection duties. The Director of Public Works/designee will assign such duties and determine the number of employees receiving this assignment at their sole discretion. • An additional one-half percent (0.5%) per month for either a Spray Applicator Certification or a pest Applicator License.
804
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• A Maintenance Worker/Senior shall be eligible to receive one of the water distribution certificate incentives, the collections system maintenance certificate incentive (if assigned as indicated in bullet #4 above) and the Spray Applicator Certificate or a Pest Applicator license incentive concurrently.

Chief Maintenance Worker:
• An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.
• An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License.
• A Chief Maintenance Worker shall be eligible to receive one of the water distribution certificate incentives and the Spray Applicator Certificate or a Pest Applicator License concurrently.

Groundskeeper, Chief Parks and Grounds Worker, Parks and Grounds Worker/Senior:
• An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License (.5% maximum). • An additional one and one-quarter percent (1.25%) per month upon possession of an Arborist Certificate.

Recreation Coordinator and Recreation Supervisor I/II:
• An additional one-half percent (0.5%) per month for a Certified Park and Recreation Professional Certification.
• An additional one percent (1%) per month for a Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification. • Recreation Coordinator and Recreation Supervisor I/II shall be eligible to receive both certificate incentives concurrently, provided that the total number of employees who receive the Certified Pool Operator (CPO) or Aquatics Facilities Operator Certification is limited to two (2) employees at any given time.

Electrical Technician:
• An additional five percent (5%) per month for becoming a Certified General Electrician by the California Department of Industrial Relations.

Facilities Maintenance Worker/Aide/Senior/Chief:
• An additional one percent (1%) per month for Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification. 805
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• An additional two percent (2%) per month for Certificate of Completion of coursework in mechanical-electrical technology from an accredited college or university.
• Employees in the Facilities Maintenance classification series shall be eligible to receive one of the pool or aquatics incentives and the mechanical-electrical technology certificate concurrently.

Equipment Mechanic classification series:
• An additional one-half percent (0.5%) per month as a certification incentive for any ASE certification. This amount is limited to one-half percent (0.5%) per month per certification up to a maximum of eight (8) certifications. Upon completion of a Master Certification, five (5%) per month, and any incentive pay for individual ASE certifications will cease.

12.14. Backflow/Cross Connection Control Assignment
An employee who is certified to perform and is assigned to perform Backflow Prevention/Cross Connection Control duties by the Director of Public Works shall receive an additional five percent (5%) to their salary during the term of the assignment. The Director of Public Works will assign such duties and determine the number of employees receiving this assignment at their sole discretion.

The Director of Public Works or designee will determine if the back-up employee is needed to perform Backflow/Cross Connection Control duties. If it is determined that the employee is needed, the employee will be paid a five percent (5%) for only those hours performing the assigned Backflow/Cross Connection Control duties.

12.15. Class A Commercial License
Employees in the classification of Chief Maintenance Worker, Senior Maintenance Worker, Chief Treatment Plant Mechanic, Treatment Plant Mechanic I/II, Senior Water Treatment Plant Operator, Water Treatment Plant Apprentice, Water Treatment Plant Operator II/III and Equipment Mechanic II shall receive an additional five percent (5%) of base salary upon obtaining and maintaining a valid California Class A Commercial driver’s license.

Employees hired on or after January 1, 2017, in the classifications of Chief Maintenance Worker, Senior Maintenance Worker, and Equipment Mechanic II shall be required to obtain and maintain a valid California Class A Commercial driver’s license within one (1) year of appointment.

Employees hired on or after July 20, 2018, in the classifications of Chief Treatment Plant Mechanic and Treatment Plant Mechanic II shall be required to obtain and maintain a valid Class A Commercial driver's license within one ( 1) year of appointment. 806
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

12.16 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.

13. Holidays
Employees shall be entitled to paid holiday leave for the following days:
• New Year's Day (January 1)
• Martin Luther King's Birthday (Third Monday in January) • Presidents' Day (Third Monday in February)
• Cesar Chaves Day (March 31)
• Memorial Day (Last Monday in May)
• Juneteenth (June 19)
• Independence Day (July 4)
• Labor Day (First Monday in September)
• Veterans' Day (November 11)
• Thanksgiving Day (Last Thursday in November)
• Day after Thanksgiving Day (Last Friday in November)
• Christmas Day (December 25)
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. (See Section 12.10 for compensation for work on City holidays.)
Employees shall be entitled to four and one-half (4-1/2) floating holidays per fiscal year.

Management shall make every effort to allow up to one-half (1/2) of the employees to take four (4) hours of paid leave time on Christmas Eve and one-half (1/2) of the employees to take four (4) hours of paid time on New Year’s Eve with each department, if that is the desire of the employees.

Regular, part-time employees shall be entitled to paid holidays on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)

14. Vacation

14.1. Vacation Accrual
Employees accrue vacation as follows:
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
1-5 years of service: 10 days
6-10 years of service: 15 days
11-20 years of service: 20 days
20 + years of service: 25 days

A maximum of two-hundred forty (240) hours of unused, vested time may be accumulated by an employee. The maximum shall increase to three-hundred (300) hours for those employees with twenty (20) or more years of service.

Vacation leave accrual for regular, part-time employees shall be applied on a pro-rated equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)
Upon leaving City employment, an employee shall be paid the monetary value of their vested vacation. Such monetary value shall be calculated based on the employee’s rate of pay at the time of leaving employment.

14.2. Vacation Scheduling
Department heads shall have the full responsibility and discretion for setting vacation periods for all employees under their supervision. Department heads will make every reasonable effort to ensure that employees will be allowed to take vacation in the amount of time equivalent to that earned in the fiscal year.

In setting vacation schedules, the department head or designee shall consider the desires of the employees and the need to maintain an efficient operation of the department. The department head or designee shall also be aware and consider the maximum vacation accrual allowed.

14.3. Vacation Buy Back

14.3.1 Employees with a maximum accrual of two-hundred forty (240) hours may sell back a maximum of twenty (20) hours per calendar year.

14.3.2 Employees with a maximum accrual of three-hundred (300) hours may sell back a maximum of forty (40) hours per calendar year.

14.3.3 Eligible employees electing to cash out vacation hours may do so by completing the process implemented by Human Resources no later than December for the next calendar year. The decision by an employee to cash out vacation hours is irrevocable.
808
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

15. Bereavement and Reproductive Loss Leave

15.1 Bereavement Leave
When a death occurs in an employee’s immediate family, the City will provide time off, with pay, up to a maximum of four (4) days.

15.1.1 An additional one (1) day may be taken, however, this additional time shall be charged against the employees vacation, floating holiday, or sick leave, or taken without pay if no leave time exists. The employee may elect which accrued leave to use.

15.1.2 An additional five (5) days may be granted by the Department Head in their discretion, depending upon the circumstances; however, this additional time shall be charged against the employees vacation, floating holiday, or sick leave, or taken without pay if no leave time exists. The employee may elect which accrued leave to use.

15.1.3 For the purpose of this section, "immediate family" shall be defined as:
• Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child)
• Spouse
• Registered domestic partner
• Children (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a registered domestic partner, or a person to whom the employee stands in loco parentis)
• Sibling (means a person relate to another person by blood, adoption, or affinity through a common legal or biological parent)
• Mother-in-law, father-in-law, daughter-in-law, and son-in-law • Grandparent
• Grandchild

15.1.4 The days of bereavement leave need not be consecutive. The bereavement leave shall be completed within three months of the date of death of the family member or close relative unless otherwise authorized by the Department Head or designee.

15.1.5 The employee, if requested by the Department Head or designee, within 30 days of the first day of the leave, shall provide documentation of the death of the family member. Documentation includes, but is not limited to, a death certificate, a 809
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.

15.1.6 In case of the death of other close relatives, the employee shall be allowed time off with pay, up to a maximum of two (2) days. An additional three (3) days may be granted by the Department Head in his/her discretion, depending upon the circumstances; however, this additional time shall be charged against vacation, floating holiday, or sick leave, or taken without pay if no leave time exists.

Other close relatives include the employee's:
• Brother-in-law
• Sister-in-law
• Step-brother
• Step-sister
• Aunt
• Uncle

15.2 Reproductive Loss

15.2.1 When a reproductive loss event is experienced by an employee the City will provide time off, with pay, up to a maximum of four (4) days per loss event. An additional two (2) days of leave may be taken per loss event; however, this additional time shall be charged against the employee’s vacation, floating holiday, or sick leave accruals, as designated by the employee, or taken without pay if no leave time exists.

15.2.2 The days of reproductive loss leave need not be consecutive. The leave shall be completed within three months of the date of the reproductive loss event. If an employee suffers more than one (1) reproductive loss event within 12 months, they are entitled to 24 days of leave total, where up to 16 days may be City provided time off.

15.2.3 Definitions:

15.2.3.1 Reproductive loss event: the day or, for multiple-day event, the final day of failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.

15.2.3.2 Assisted reproduction: a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation; it does not include any pregnancy achieved through sexual intercourse.

15.2.3 Reproductive loss is defined as a:
810
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
• Failed adoption: the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
 This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.
• Failed surrogacy: the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
 This event applies to a person who would have been a parent of a child born as a result of the surrogacy.
• Miscarriage: a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy. • Stillbirth: a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
• Unsuccessful assisted reproduction: an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure.
 This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

15.2.4 Documentation
The employee is not required to provide any documentation supporting their request for reproductive loss leave.

15.2.5 Coordination with Other Leaves
If, prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave from work pursuant to Government Coded Sections 12945, 12945.2, or any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three months of the end date of the other leave.

16. Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave See Personnel Rules

17. Miscellaneous Provisions

17.1. Training

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Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
The City recognizes the value of continued training in obtaining the goals of professionalism and reducing liability to the City and will make every effort to provide training to employees in the bargaining unit.

Training includes job-related workshops, conferences or courses not specifically leading towards a college degree or professional certificate program or business/trade school completion certificate. Courses leading towards job related state or professional association certificates are allowable training activities and fall under the guidelines specified in this section.

Funds for employee training activities will be budgeted by departments each year for the subsequent fiscal year. Unit members must submit requests by the deadline established by the department. Training requests are subject to approval by the department head.

Approved requests will be incorporated into the department’s training budget, as well as department mandated training activities. Since some training activities may not be known at the time the department requests funds, the department will build in a cushion for unanticipated training activities.

In the case of department training, the department will pay for course fees, cost of related certificate, transportation, hotel accommodations and meals in accordance with Administrative Policy IV-B-4, Travel Reimbursement. Training activities for the maintenance of current job required certificates or licenses will be determined by and budgeted by the department.

If an employee requests and the department approves training, including training that will prepare the employee to obtain a job related certificate or license not required of the current job, the department will pay for course fees, cost of the certificate, transportation, hotel accommodations and meals in accordance with Administrative Policy IV-B-4, Travel Reimbursement. Time spent in the training session will be counted as time worked.

17.2. Mileage and Travel Allowance
Subject to prior approval of the department head or designee:

7.2.1 An employee directed to utilize their personal vehicle in the conduct of authorized City business shall be entitled to reimbursement at a rate equal to that allowed by the Internal Revenue Service. Claims for mileage reimbursement must be accompanied by accounting of eligible miles traveled as registered by beginning and ending odometer readings, less miles traveled for personal reasons. 812
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

7.2.2 An employee shall be entitled to reimbursement for actual costs of travel by commercial carrier in connection with authorized City business, when substantiated by receipt showing payment for such travel.

7.2.3 An employee shall be entitled to reimbursement for necessary costs of lodging, meals, registration fees, parking fees, bridge and highway tolls, taxi services and multi-passenger vehicles in the conduct of authorized City business. Claims for such reimbursement must be accompanied by receipt showing payment.

17.3. Light/Limited Duty
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 City, as determined by the department head in their sole discretion.

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.

If light/limited duty is available, and the employee is cleared by an attending physician to perform such work, he/she 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 he/she is assigned for up to 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.

17.4. Safety
All employees covered by this MOU will comply with all Federal (OSHA) and State (CalOSHA), and City safety policies and directives.

The City shall provide all employees with safety training pertinent to the employee's assignments and the appropriate safety equipment.

17.5. Safety Committee
The City shall maintain a City-wide Safety Committee that meets on a regular basis with the goal being to meet once a month. The Committee will have representatives from all departments. Local 39 may appoint three (3) members to serve on the Committee.

17.6. Personnel File
Employees may request removal of adverse/derogatory materials from their personnel files. The City Manager or designee may approve such requests in their sole discretion. 813
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
The City agrees that informal letters of counseling, informal reprimands, and similar documents will not be placed in an employee’s personnel file but may be placed in a supervisory or department file. These documents will be removed within one (1) year if the employee has not been served with a formal discipline on the same or similar subject during that time period.

Formal letters of reprimand will be removed from an employee’s personnel file within two (2) years of occurrence, provided no further disciple on the same or similar subject has been served on the employee within that time period.

17.7 Flex Time/Alternative Work Schedules
The City and Union acknowledge the benefits of flexible/alternative work schedules when they meet the needs of both the City and employees. Employees and/or the Union may propose in writing alternative/flexible schedules to the employee’s supervisor/City. The supervisor/City shall consider such proposals and may approve or deny them in its sole discretion. When an alternate/flexible schedule is approved by the supervisor/City the approved schedule shall be attached to the required Human Resources form for processing. All schedule changes shall begin at the start of a new payroll period. The City may discontinue alternative/flexible schedules and return employees to their regular work schedules at its sole discretion, provided, however, the notice is given to employees pursuant to section 17.14 of this Agreement.

17.8 Rest Periods

17.8.1 All employees working more than six (6) hours in a day shall receive two (2) paid fifteen (15) minute breaks (rest periods) in each day. The first shall occur approximately midway between their starting time and their meal time. The second shall occur approximately midway between their meal time and the end of their workday. All such employees are to take an unpaid meal period of not less than thirty (30) minutes and not more than one (1) hour after a work period of not more than five (5) hours.

All employees who work at least three and one-half (3-1/2) hours but six (6) hours or less in a day will receive one (1) paid fifteen (15) minute break (rest period) each day. This shall occur approximately mid-way between their starting time and their finishing time.

17.8.2 Rest Periods Between Work Days
It is the intent of this Section to provide for and ensure a reasonable amount of rest for employees who may be required to work an extraordinary number of overtime hours between work days or on a continuous emergency work schedule. In such circumstances, the City 814
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
agrees to the following provisions as a means of assuring adequate rest, and the prevention of fatigue and safety hazards. Rest periods in this section shall mean a period of time in which the employee does not have to report to work but is paid at the straight time rate.

17.8.2.1 Employees called into work during the eight (8) hour period immediately preceding the beginning of their regular work shift are entitled to a paid rest period equal to the number of hours actually worked.

17.8.2.2 Employees required to work fourteen (14) to sixteen (16) continuous hours are entitled to a paid rest period of two (2) hours.

17.8.2.3 Employees required to work sixteen (16) or more continuous hours are entitled to a paid rest period of eight (8) hours.

17.8.2.4 The employee may request an alternate rest period either at the beginning or end of their regular work shift. If the employee wants to take the entire day off, the employee may request to use vacation or comp time for those hours not covered by the overlap.

17.8.2.5 Employees not scheduled to work on the following day after being called back to work or on a continuous emergency work schedule shall not be entitled to a rest period.

17.9 Military Leave
See Personnel Rules.

17.10 Jury Duty
See Personnel Rules.

17.11 Water Plant Schedules
The City and Union acknowledge that the operation of the City’s water treatment plant necessitates special scheduling of employees. Attached as Exhibit “B” and incorporated herein are the specific conditions and procedures for the affected positions.

17.12 Shift Change Notice
An employee’s supervisor/designee will provide a two (2) week notice to an employee for regular, on-going shift changes. All shift changes will begin at the start of a new payroll period. The supervisor/designee will attempt to provide at least a one (1) week notice for temporary changes unless unavoidable circumstances arise.

17.13 Job Security
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Stationary Engineers, Local 39
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If the City proposes to contract out work which has been customarily and routinely performed by bargaining unit classifications, the City shall give the Union ninety (90) days advance notice and an opportunity to meet and confer on the adverse impact.

17.14 Performance Evaluation
See Personnel Rules.

In addition to the Personnel Rules, in the event that an employee does not receive a performance evaluation within the prescribed timelines, it shall be assumed that the employee’s work performance is rated as “Satisfactory.”

17.15 Layoffs
See Personnel Rules.

In addition to the Personnel Rules, the following provisions shall apply:
• Employee shall be given written notice of layoff by the City at least thirty (30) calendar days in advance of the effective date of such layoff. • Employees shall notify the City Manager in writing within five (5) working days of receiving a layoff notice to demote in lieu of layoff.

18. Grievance Procedure and Arbitration

18.1. Grievance Procedure

18.1.1.Definitions
a) Grievance: A grievance is a claimed violation, misapplication, or misinterpretation of a specific provision of this MOU or employee protection contained in any ordinances, resolutions, personnel rules, or written policies which adversely affects the grievant and/or the entire membership of the Union. b) Grievant: A grievant is (1) an employee in the unit who is filing a grievance as defined above; (2) any group of employees adversely affected in a substantially similar manner who are consolidated as a group grievance and thereafter represented by the Union; (3) the Union when the grievance alleges a violation that affects the Union as a whole.

The Union shall have standing under this procedure to initiate a grievance over alleged violations of a specific section(s) of this Agreement that affects the entire Union, an entire department or five (5) or more unit members in any one classification. Union grievances shall be processed beginning at Level III. c) Day: Day shall mean day in which the City's main administrative office is open for business.
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

18.1.2. Process
a) Informal Level: Within ten (10) days from the event giving rise to a grievance or from the date the employee could reasonably be expected to have had such knowledge of such event, the grievant and/or the grievant’s representative shall orally discuss the grievance with their supervisor. The supervisor shall have three (3) days to give an answer to the employee.
b) Formal Levels:

Level I: If the grievant is not satisfied with the resolution proposed at the informal level, he/she may within ten (10) days of receipt of such answer file a formal written grievance with their immediate supervisor on a form provided by the City.

The supervisor shall, within three (3) days have a meeting with the grievant and/or the grievant’s representative and within five (5) days thereafter give a written answer to the grievant on the form provided.

Level II: If the grievant is not satisfied with the supervisor's answer, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the department head who shall, within ten (10) days, meet with the employee and/or the grievant’s representative, and within five (5) days thereafter give a written answer to the grievant.

Level III: If the grievant is not satisfied with the written answer from the department head, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the City Manager or designee. Within fifteen (15) days of 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 within five (5) days.

18.1.3.General Provisions
a) If a grievant fails to carry their grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step utilized.
b) If a supervisor or manager fails to respond with an answer within a given time period, the grievant may appeal their grievance to the next higher level. c) Time limits and formal levels may be waived by mutual written consent of the parties.
d) Proof of Service shall be accomplished by registered mail. e) At each step of the formal grievance procedure, a copy of the decision shall be given to the Union at the same time as the decision is sent to the grievant. 817
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027

18.1.4. Advisory Mediation (Level IV)
If both parties agree, the parties will participate in advisory mediation in an attempt to settle the case before a hearing is scheduled with the arbitrator. The parties will request a mediator from the State Mediation and Conciliation Service. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If mediation fails to resolve the grievance, the grievance moves to arbitration.

18.1.5. Arbitration (Level V)
If the parties are unable to reach a mutually satisfactory accord on the grievance which arises out of and is presented according to the specific procedures and limitations of the Article during the term of this MOU, such grievance may be submitted by the Union to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager.
a) The Union shall make its intentions to use this provision known within ten (10) days of the final answer given under Level III of Section 18.1.2 subsection (b) above.
b) The fees and expenses of the arbitrator and of a court reporter, if used, shall be shared equally by the Union and the City. If one of the parties waives the right to use a court reporter, and the arbitrator does not require a court reporter, the party requiring the court reporter will bear the full cost of the court reporter. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
c) Decisions of arbitrators on the matter properly before them shall be final and binding on the parties hereto, to the extent permitted by law. d) No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in the unit represented by the Union and unless such a dispute falls within the definition of a grievance as set forth in Section 18, 18.1.1 (a) above.
e) Proposals to add or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. f) 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 818
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
application and interpretation of the provisions of this MOU in the matter referred for consideration.
g) Should the City Manager or designee and the Union fail to reach agreement on the selection of an arbitrator within fifteen (15) days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service or the American Arbitration Association. If a mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains who shall be the selected arbitrator. Any fees in connection with obtaining a list of arbitrators shall be shared equally between the City and the Union.

19. Disciplinary Procedure

19.1. Definition
Days as defined in this Section means calendar days unless expressly stated otherwise.

19.2. Purpose
The purpose of the disciplinary procedure is:
a) To provide employees subject to disciplinary action all rights to which they are entitled by law;
b) To provide an orderly procedure for pre-action notice, response, implementation, and appeal;
c) To correct deficiencies in employee performance and to ensure improvement to meet job standards.

19.3. Employee Representation
An employee may have a representative at all stages of the disciplinary process as outlined in this Section, provided that the representative is not a party to the action.

19.4. 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.

19.5. 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;
819
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
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; e) The date and time of the response meeting during which the employee and their representative will 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.

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

19.7. Response Meeting
At the time and place 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 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 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.

19.8. Implementation of Discipline
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;
820
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
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.

The statement shall include the manner and time within which an appeal must be taken, and the required content of the appeal notice.

19.8.1. Letter of Reprimand
An employee may request a meeting with the Assistant City Manager, or designee, to review a Letter of Reprimand within ten (10) days of receipt. The Assistant City Manager, or designee, shall meet with the employee within ten (10) days of the request. The Assistant City Manager or designee, shall have the authority to uphold, modify, or remove the Letter of Reprimand. The decision of the Assistant City Manager, or designee, shall be final.

19.9. Disciplinary Appeal Procedure
The employee, or their representative, after service of an order of disciplinary action as specified in this Article may request that the matter be submitted to an arbitrator as provided in the following Sections. A written request for an appeal must be served upon the City Manager or designee within ten (10) days following receipt of the order of discipline. The demand for a hearing shall include:
a) Specific grounds for review;
b) Copies of materials upon which the discipline is based.

19.10. Selection of an Arbitrator
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 list 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 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 hearing officer.

19.11. 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. 821
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
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 upon both parties.

19.12. Cost of 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 a request shall pay the cost.

19.13. Discipline Retention
a) Upon notice from the employee, Letters of Reprimand shall be withdrawn from an employee’s official personnel file two (2) years from the date of issue, provided there has not been additional formal discipline imposed during the two (2) year period.
b) Upon notice from the employee, disciplinary transfers and suspensions without pay of two (2) days or less shall be withdrawn from an employee’s official personnel file three (3) years from the date of issue, provided there has not been additional formal discipline imposed during the three (3) year period. c) Upon notice from the employee, suspensions without pay of three (3) days or more and disciplinary demotions shall be withdrawn from an employee’s official personnel file five (5) years from the date of issue, provided there has not been additional formal discipline imposed during the five (5) year period.

20. No Lockout
No lockout of unit employees shall be initiated by the City during the term of this MOU.

21. Full Understanding, Modification and Waiver
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal regarding any such matters are hereby superseded or terminated in their entirety.

It is agreed and understood that each party hereto voluntarily and unqualifiedly waives it right to negotiate, and agrees that the other party shall not be required to negotiate with respect to any matter covered herein during the term of this MOU. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s) within the scope of representation during the term of this MOU; provided that no modification to any provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council and the Union. 822
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
The waiver of any breach, term, or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

22. Peaceful Performance
The parties to this MOU recognize and acknowledge that many of the services performed by the City employees covered by this MOU are essential to the public health, safety, and general welfare of the residents of the City. The Union agrees that under no circumstances will the Union recommend, encourage, cause, or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in any strike, sit-down, stay-in, slow-down, or picketing (hereinafter collectively referred to as workstoppage), in any office or department of the City, nor curtail any work or restrict any production, or interfere with any operation of the City. In the event of any work-stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work-stoppage until such workstoppage has ceased.

In the event of any work-stoppage, during the term of this MOU, whether by the Union or by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing and publicize that such work-stoppage is illegal and unauthorized and further direct its members in writing to cease said conduct and to resume work. Copies of such written notice shall be served upon the City. If in the event of any work-stoppage, the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted, or encouraged such workstoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work-stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, as against any employee.

23. Savings Provision
If any provision of this MOU is held to be contrary to law by a court of competent jurisdiction, such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.

24. Term
The MOU represents the entire agreement between the City and the Union on subjects contained herein and shall become of full force and effect on July 1, 2024, unless otherwise noted, and shall continue in full force and effect until June 30, 2027, and shall continue from year-to-year thereafter, unless either party hereto gives written notice to the party in the month of April 2027 that it wishes to modify a provision of this MOU. 823
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by affixing their signatures on the following page.
824
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Signature Page to Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
DATED:

City of West Sacramento
By:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
International Union of Operating Engineers,
Stationary Engineers, Local 39, AFL-CIO
By
Bart Florence, Business Manager/ Secretary
By
Jeff Gladieux, President
By
Brandy Johnson, Director of Public Employees
By
Macy Sherman, Business Representative
Bargaining Committee

By
Howard McKinley
By
Jennifer Hall
By
Kevin Jones
By
Juan Sanchez
825
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Exhibit "A"

REPRESENTED CLASSIFICATIONS
Accounting Technician I/II/III
Chief Facilities Maintenance Worker
Chief Maintenance Worker
Chief Parks & Grounds Worker
Chief Treatment Plant Mechanic
Clerk / Senior Clerk
Electrical Technician
Engineering/GIS Technician
Engineering Technician I/II/III
Equipment Mechanic I/II
Facilities Maintenance Worker / Senior Facilities Maintenance Worker Groundskeeper
Instrumentation Technician
Maintenance Worker/ Senior Maintenance Worker
Parks & Grounds Worker / Senior Parks & Grounds Worker
Permit Technician I/II
Planning Technician
Recreation Coordinator
Recreation Supervisor I/II
Revenue Supervisor
Secretary
Senior Water Treatment Plant Operator
Special Events Supervisor I/II
Stationary Engineer
Traffic Control & Lighting Technician I/II
Treatment Plant Mechanic I/II
Water Meter Technician
Water Treatment Plant Apprentice
Water Treatment Plant Operator II/III
826
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Exhibit "B"

PROVISIONS FOR PERSONNEL AT WATER TREATMENT PLANT
I. Workshift
Water Treatment Plant Operators are generally required to work a 24 hours on; 48 hours off shift.

Other Water Treatment Plant staff work an eight (8) hours per day schedule, but may be required to work a 24 hour shift occasionally during operator holidays, vacations, or sick leave.

The 24 hour shift commences at 7:00 a.m.

The first 16 hours of the 24 hour shift is considered a work shift and paid at the operator’s base hourly rate of pay.

The final 8 hours of the 24 hour shift is considered standby (see Section 12.4) and is not considered as paid work time. If the operator is interrupted by a call to duty during standby, the interruption is counted as time worked and paid at 1-1/2 times the base hourly rate of pay. If the operator cannot get at least five (5) hours of sleep during standby, the entire eight (8) hour standby will be counted as time worked and paid at 1-1/2 times the base hourly rate of pay. The five (5) hours of sleep need not necessarily be five (5) continuous, uninterrupted hours of sleep.

II. Work Schedule
Under the 24 hours on/48 hours off shift schedule, each operator will work a total of 224 hours in a six (6) week period or an average of 74.66 hours every bi-weekly pay period.

Sat Sun Mon Tue Wed Thurs Fri
Wk 1 X Y Z X Y Z X (A)
Wk 2 Y Z X Y Z X Y
Wk 1 Z X Y Z X Y Z (B)
Wk 2 X Y Z X Y Z X
Wk 1 Y Z X Y Z X Y (C)
Wk 2 Z X Y Z X Y Z
Wk 1 X Y Z X Y Z X (D)
Wk 2 Y Z X Y Z X Y
(A) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 64 hours / bi-weekly pay period (B) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 4 shifts x 16 hours = 64 hours / bi-weekly pay period 827
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (C) X = 4 shifts x 16 hours = 64 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (D) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 80 hours / bi-weekly pay period

74.66 average work hours per bi-weekly pay period
NOTE: An employee working a traditional 8-5 schedule works 2080 hours in a year. Under the Water Treatment Plant Operator's schedule, an employee works approximately 1946 hours per year.

III. Shift Change
As noted in the work shift section, there are two (2) groups of Water Treatment Plant staff; one group assigned to twenty-four (24) hour shifts and another group assigned to the traditional eight (8) hours per day, forty (40) hours per work week shift. A traditional eight (8) hours per day, forty (40) hours per work week employee may be required to fill in for a twenty-four (24) hour shift employee.

If he/she receives the required two (2) work week notification, all provisions of this document which cover twenty-four (24) hour shift personnel will apply as if that was a normally assigned shift. Notice of shift change shall be in writing and acknowledged by the employee. Should he/she receive less than a two (2) work week notification of shift change, he/she will be treated as a traditional eight (8) hours per day, forty (40) hours per week employee and will receive overtime after the first eight (8) hours of the sixteen (16) hour work shift.

In addition, the employee filling in will be paid for the hours actually worked. If the employee fills in for an operator who is scheduled for a two (2) shift work week (32 hours), he/she must work an additional eight (8) hours during that work week to ensure that he/she is paid for forty (40) hours.
828
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
IV. Payroll Reporting
How to Complete the Electronic Timesheet
Employees at the Water Treatment plant will fill-out their timesheet by coding each day of scheduled work as sixteen (16) hours at Straight-time (3001 REG PAY), and eight (8) hours of standby pay (3040 SHFT DIFF/WATER.) If an employee is scheduled a vacation, they would use the Vacation Code to record vacation used (3410 VACATION USED.) Of course, if an employee calls in sick on a scheduled workday, they would use the Sick Leave used code (3210 SICK SELF.) In order to ensure that overtime is paid for the hours worked over forty (40) per week as part of the regular schedule, the employee must code four (4) hours of [email protected]. (3023 [email protected] Water), in addition to coding the sixteen (16) hours Straight-time. This should be done on the last day of the three (3)-shift week.

Reporting Standby Pay
Use code 3040 – SHFT DIFF/WATER to record standby pay in the electronic timesheet. As stated above, treatment plant operators work a 24-hour shift. Sixteen (16) is considered the regular part of the shift, and eight (8) is considered the standby part of the shift. The eight (8) hours of the standby should be entered into the electronic timesheet as follows:
3001 – REG PAY 16.0
3039 – STANDBY/PW 8.0
Reporting Holidays
A 24-hour shift employee is entitled to ten - 8-hour City holidays per fiscal year, and 4-1/2 days (36 hours) of floating holidays. A 24-hour shift employee who works on any of the holidays listed in Article 12, Section 12.10 of the MOU shall be paid one and one-half (1-1/2) times their base rate of pay for the work shift portion (16 hours) of their 24-hour shift. Additionally, the operator may retain eight (8) hours of holiday to be taken later in the same fiscal year. In the event the employee does not use the eight (8) hours of holiday prior to the end of the fiscal year, he/she will be paid for the hours at their base rate of pay.

An employee who works on a City holiday and wishes to be paid for the retained holiday hours should enter the following into the electronic timesheet:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0

829
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
An employee who works on a City holiday and wishes to retain the holiday hours to be taken at a later time in the fiscal year should record the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
There is no need to code the eight (8) hours holiday for retention purposes. The retained holiday hours will be automatically credited to the employees holiday leave balance.

If an employee’s regular day-off is on a City holiday, and he/she wishes to be paid for the holiday hours, they should code their electronic timesheet as follows:
3320 – HOLIDAY PAYOFF 8.0
If any employee whose regular day off is on a City holiday, and he/she wishes to retain the holiday hours to be taken at a later time in the fiscal year, he/she need not code their electronic timesheet. The retained holiday hours will be automatically credited to the employee’s holiday leave balance and no payroll entry is necessary.

At any time during the fiscal year that an employee wants to be paid for the holiday hours accrued year to date, they should code their electronic timesheet as follows:
3320 – HOLIDAY PAYOFF # of hours to be paid-off
If a holiday falls on the last shift of a three (3)-shift workweek, an employee must report the last shift (16 hours) in the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0
3023 – OT@ST/WTR 4.0
Of course, as above, if an employee wishes to retain the holiday hours, no coding of holiday hours is necessary for the hours to add to employee’s accrued leave balance.

Reporting Shift Hours
Record "shift" hours on the day the shift commences even though the last hour of the shift falls on the following day. For example, "Joe" starts their shift at 7:00 a.m. on Tuesday and completes it at 7:00 a.m. on Wednesday. The one hour of work from 6:00 a.m. to 7:00 a.m. should be recorded with the other fifteen (15) hours on Tuesday. If Wednesday is a holiday, "Joe" will still 830
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
report the one (1) hour from Wednesday with Tuesday's fifteen (15) hours. "Joe" will not receive the holiday pay rate for the one (1) hour. Conversely, if Tuesday is the holiday, "Joe" will report all sixteen (16) hours as holiday hours worked. He will receive the holiday pay rate for the one (1) hour worked on Wednesday, a non-holiday.

Reporting Overtime Hours
All hours worked beyond forty (40) hours per week, or sixteen (16) hours per shift shall paid at 1-1/2 times the base hourly rate of pay. Overtime can also be accrued as comp time at 1-1/2.

Record overtime or comp time in the electronic timesheet as follows:
3001 – REG PAY 16.0
3014 – [email protected]. # of hours beyond 16. The total hours for the day cannot exceed 24
3039 – STANDBY/PW 8.0
Or to code comp time:
3001 – REG PAY 16.0
3100 – CTO @1.5 # of hours beyond 16. The total hours for the day cannot exceed 24
3039 – STANDBY/PW 8.0
Reporting Vacation, Sick Leave, and CTO
Use the appropriate code to report hours taken as vacation, sick, or CTO. These hours are to replace your regular shift hours.
831
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2024 – 6/30/2027
Exhibit "C"
Years of Service
Years of Service will be calculated from the employee’s date of hire with the City of West Sacramento, East Yolo Community Services District, or Washington Water.

Replacement of Social Security Benefits
The parties agree to the following in order to fully replace any and all benefits that were lost to the former East Yolo Community Services District (EYCSD) employees when the City of West Sacramento chose not to participate as active contributors in the Federal Social Security System:

For employees hired prior to January 1, 1987, after all mandatory contributions by both the employer and employee which remain or result from the employee's not participating fully in the Social Security System and the California Public Employee's Retirement System (CalPERS) by the City and the employee, as of December, 1986, the remainder shall be placed into an employee's account in an approved deferred compensation program. While the employer agrees to match the employee's contribution to the deferred compensation plan, its total contribution (together with other obligations, e.g., Medicare, additional CalPERS, etc.) shall not exceed the City's total obligation for combined CalPERS and Social Security contributions on behalf of the employee as of December 1986.

For example: Employee $1,800/mo. gross pay:

December 1986
Employer's Contribution Employee's Contribution
CalPERS* 14.27% $256.86 0.00% $0.00
Medicare 1.45% 26.10 1.45% 26.10
Total 15.72% $282.96 1.45% $26.10
*On gross pay less $133.33 because of coordination of Social Security January 1987
Employer's Contribution Employee's Contribution
CalPERS 14.27% $256.86 0.00% $0.00
Medicare 1.45% 26.10 1.45% 26.10
Sub Total 15.72% $282.96 1.45% 26.10
Trust Fund 4.64% $83.57 5.70% $102.70
Total 20.36% $366.53 7.15% $128.70
Employees who are currently excluded from coverage under Social Security shall have the option to contribute to the deferred compensation plan but such voluntary contributions shall not be matched by employer contributions.

Any obligations arising under this Section shall cease should the employer and subject employees become covered by the Social Security System.
832

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 21, 2024 ITEM #12
SUBJECT:

CONSIDERATION OF FIRST READING OF ORDINANCE 24-12 AMENDING MUNICIPAL CODE CHAPTER 2.20 RELATED TO BOARDS AND COMMISSIONS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[X] Council [ ] Staff
[ ] Other
Amanda Berlin, Assistant City Manager
Jennifer Cusmir, City Clerk
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to request that the Council consider first reading of Ordinance 24-12, which would amend Chapter 2.20 of the West Sacramento Municipal Code to update the membership of the Parks, Recreation, and Intergenerational Services Commission (WSMC 2.20.020(B)) and updated the process by which board and commission members are removed for all City boards and commissions (WSMC 2.20.100(B)).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council receive information regarding the proposed amendments and waive the first reading of Ordinance 24-12 amending Municipal Code Chapter 2.20 related to boards and commissions.

BACKGROUND
The City’s board and commission structure was initially established upon incorporation in 1987 and revised once in 2013 adding two commissions.

The municipal code was amended a second time in 2015 to formalize the scope and purpose of each board/commission; establish membership requirements, appointment procedures, and procedures for the removal of members, to standardize meeting schedules; and to assign staffing.

At the February 21, 2024 City Council meeting, the Council directed staff to review the composition of the Parks, Recreation, and Intergenerational Services (PRIS) Commission membership to require a youth member.

At the March 6, 2024 the Council discussed the process by which board and commission members may be removed from membership when there is an issue with a member regularly attending meetings. It was determined that the determination of whether or not a member should be removed should not be the sole responsibility of the City Clerk as is prescribed by the current municipal code (WSMC 2.20.100(B)).

ANALYSIS
The City Attorney and City staff have reviewed the current Municipal Code Chapter 2.20. The action being recommended is outlined below and in the attached Draft Ordinance 24-12.

Parks, Recreation, and Intergenerational Services Commission Membership: Staff recommends that one member of the commission be a youth member and the membership be comprised of 6 members at least 18 years of age and one member under 18 years of age. Staff also recommends that the change to the Commission membership composition be implemented with the next comprehensive recruitment.

Removal from a Board or Commission. Staff recommends that the municipal code be amended so that the city clerk may recommend a member of a board or commission be removed from office if such member has three absences in a calendar year instead of requiring the city clerk to remove the member.

Procedurally, following review of member attendance provided by the clerk, the Mayor, with support of the City Council, would approve the removal of the member at a City Council meeting.

Environmental Considerations
N/A
Commission Recommendation
N/A
833
Ordinance 24-12
August 21, 2024

Strategic Plan Integration
N/A
Alternatives
1) Not amend the municipal code and continue operating as the City currently is. 2) Recommend alternates to the recommendations of staff regarding the composition of the PRIS Commission membership and the removal process.

Coordination and Review
This report was coordinated with the City Attorney.

Budget/Cost Impact
N/A

ATTACHMENT
Ordinance 24-12 - redline
834
ORDINANCE 24-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING CHAPTER 2.20 OF THE MUNICIPAL CODE RELATED TO BOARDS AND

COMMISSIONS
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this Ordinance is to amend Chapter

2.20 of the Municipal Code related to boards and commissions. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law.

Section 2. Amendment of Chapter.

Chapter 2.20 of the West Sacramento Municipal Code is hereby amended to read as follows:

Sections:

2.20.010 Establishment.

2.20.011 Sacramento-Yolo Port District Commission.

2.20.012 Alternate members.

2.20.020 Qualifications.

2.20.030 Appointment.

2.20.032 Term.

2.20.034 Commissioner responsibilities.

2.20.040 Appointment list—Preparation—Contents.

2.20.050 Availability—Fee.

2.20.060 Vacancy—Notice—Appointment.

2.20.080 Application forms.

2.20.090 Application processing.

2.20.100 Removal from office.

2.20.110 Compensation and expenses.

2.20.120 Organization and code of conduct.

2.20.121 Scope and duties.

2.20.130 City staff support.

2.20.140 Responsibility—Jurisdiction.

2.20.150 Conduct of business.

2.20.160 Tie votes.

2.20.170 Finality of decision—Reconsideration.

2.20.180 Finality of permit—Conditional issuance.

2.20.190 Denial—Effect.

2.20.200 Appeals.

2.20.210 Adoption of Code of Civil Procedure Section 1094.6—Exhaustion of remedies.

2.20.220 Scope and duties.

2.20.260 Scope and duties.

2.20.290 Jurisdiction

2.20.300 Powers and duties.

2.20.320 Membership.
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2.20.340 Scope and duties.

2.20.370 Scope and duties.

2.20.390 Scope and duties.

2.20.400 Responsibility—Jurisdiction.

2.20.010 Establishment.

There are established the following boards and commissions for the city, with the authorized number of regular members as indicated:

A. Planning commission (seven members);
B. Parks, recreation, and intergenerational services commission (seven members); C. Economic development and housing commission (seven members); D. Board of appeals (five members);
E. Transportation, mobility and infrastructure commission (seven members); F. Environment and utilities commission (seven members); and G. Arts, culture and historic preservation commission (seven members).

The mayor may appoint a member of the city council to serve as a liaison to any board or commission. A member of the city council, serving as a liaison, is not a member of the board or commission. (Ord. 15-1 § 2)

2.20.011 Sacramento-Yolo Port District Commission.

As set forth in Harbors and Navigation Code Section 6830.1, four commissioners shall be appointed by the city council of the city of West Sacramento, which commissioners may be members of the city council, and notwithstanding Harbors and Navigations Code Section 6835, shall be residents of the city of West Sacramento. The appointments shall be made in the manner set by law for appointments by the city of West Sacramento. (Ord. 15-1 § 2)

2.20.012 Alternate members.

Notwithstanding the provisions of Sections 2.20.010 and 2.20.011, one additional member may be appointed as an alternate member to act in the event that a regular member is unable to attend a scheduled board or commission meeting. (Ord. 15-1 § 2)

2.20.020 Qualifications.

Each candidate for appointment shall meet and retain the following qualifications to qualify, and to remain qualified, for appointment, and shall be subject to the following conditions:

A. Except as otherwise provided in this chapter, each member shall be a resident of the city.

B. With the exception of up to one member of the parks, recreation, and intergenerational services commission, each member shall be at least eighteen years of age at the time of appointment, unless otherwise provided by the city council.

C. No person shall be allowed to serve on more than one board or commission at the same time.

D. A member shall not be an officer or employee of the city, except that a member appointed pursuant to subsection B of this section may be a part-time, seasonal employee.
(Ord. 15-1 § 2)

2.20.030 Appointment.

A. The mayor shall appoint all members and alternates of boards and commissions, subject to approval by the city council, unless otherwise specifically provided by statute.
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B. Initial appointments, subsequent appointments and/or reappointments by the mayor shall be made every two years prior to the last meeting in January of each odd- numbered year. The city council shall approve or disapprove any appointments made by the mayor within thirty days. Prior to approving or disapproving any appointment, the city council shall be provided with an application form completed by the individual nominated by the mayor. Any appointment not approved or disapproved within the time specified shall be deemed approved.

C. Appointments to the Sacramento-Yolo Port District Commission shall occur every four years based on the original date of appointment of each commissioner to the commission.
(Ord. 15-1 § 2)

2.20.032. Term.

A. There shall be no maximum length of time that an individual may serve on a board or commission. Any member of a board or commission may reapply and seek reappointment. These members may be reappointed at any time subsequent to submission of an application requesting reappointment.

B. A member of any board or commission shall hold office, unless and until:

1. The board or commission member submits his or her resignation;

2. The board or commission member is removed pursuant to Section 2.20.100 of this chapter;

3. The death of the board or commission member; or
C. The board or commission member's successor has been appointed by the mayor.

In the event the mayor leaves office prior to the normal expiration of his or her term, those board or commission members who were appointed by the mayor and approved by the city council pursuant to Section 2.20.030 of this chapter remain in office until new appointments are made by the successor mayor and those appointments are approved by the city council or until removed pursuant to Section 2.20.100 of this chapter. A vacancy on a board or commission shall be filled in the same manner as provided for in Section 2.20.030(A) of this chapter.

These members' terms of office shall be for the remainder of the unexpired term they are appointed to fill.
(Ord. 15-1 § 2)

2.20.034 Commissioner responsibilities.

A. Ethics Training. All appointees to any city board or commission are required to complete a preapproved ethics training course provided free of charge by the city.

All appointees must complete this training within one year of appointment and continuing members will take the training at least once every two years.

Appointees and continuing members not fulfilling this requirement will be dismissed from service.

B. Form 700 Statement of Economic Interests. Commissioners that are designated in the city's conflict-of-interest code are required to file a Form 700 within thirty days of assuming office, annually thereafter, and within thirty days of leaving office. The city clerk is responsible for the administration of enforcement measures set forth by the Fair Political Practices Commission.
(Ord. 15-1 § 2)

2.20.040 Appointment list—Preparation—Contents.

On or before December 31st of each year, the city clerk shall prepare an appointment list of all boards and commissions that are appointed by the city council. The appointment list shall contain the following information:
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A. A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires and the necessary qualifications for the position; and B. A list of all boards, commissions and committees whose members serve at the pleasure of the city council, and the necessary qualifications of each position. (Ord. 15-1 § 2)

2.20.050 Availability—Fee.

The appointment list shall be made available to members of the public for free or at a reasonable fee that shall not exceed the actual cost of copying. (Ord. 15-1 § 2)

2.20.060 Vacancy—Notice—Appointment.

A. Whenever an unscheduled vacancy occurs in any board or commission, whether due to resignation, death, termination or other causes, a special vacancy notice shall be posted in the office of the city clerk, the library designated pursuant to Government Code Section 54973, and in other appropriate places as determined by the city clerk. The city clerk may advertise as necessary. Notices shall be posted not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final action on an appointment shall not be taken for at least 10 working days after the posting of the notice in the city clerk's office.

B. Notwithstanding subsection A of this section, the mayor may, if he or she finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section and Section 2.20.030(A). (Ord. 15-1 § 2)

2.20.080 Application forms.

Any interested person who qualifies for a board or commission may submit an application to serve on a board or commission to the city clerk on a form provided by the city clerk. Such applications will be provided to the mayor and city council members. All applications shall be kept on file in the city clerk's office for two years. (Ord. 15-1 § 2)

2.20.090 Application processing.

In order to ensure that appointments and/or reappointments are made in a timely and efficient manner, the mayor shall establish a process to receive input and/or recommendations from the city council prior to making any appointments or reappointments. The process shall include, but not be limited to, having each city council member recommend to the mayor at least one individual for each commission. The mayor may not delegate his or her appointment power. (Ord. 15-1 § 2)

2.20.100 Removal from office.

A. Each member appointed to a commission or board pursuant to Section

2.20.030(A) of this chapter shall serve at the pleasure of the mayor. Any member of a board or commission may be removed, with or without cause, by the mayor, subject to approval by the city council. Alternatively, the city council may remove a member of a board or commission by a four-fifths vote.

B. A member of a board or commission shall may be removed from office by the city clerk mayor if such member has three absences in a calendar year, subject to approval by the City Council. If there are extenuating circumstances that have caused the absence, the board member or commissioner may ask the mayor for special consideration.

C. Members of any board or commission may be removed for noncompliance with Section 2.20.034.
(Ord. 15-1 § 2)
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