HomeMy WebLinkAboutReso 38-24 approving 3-year MOU with MBPOA (FY24-25 - FY26-27)RESOLUTION NO. 38-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING THE TENTATIVE AGREEMENT FOR AND THE SUCCESSOR
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE
MORRO BAY PEACE OFFICERS' ASSOCIATION
FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay ("City") has, and continues to recognize the Morro Bay
Peace Officers' Association ("MBPOA"), as the sole exclusive employee organization
representing the City's employees designated as being in the Law Enforcement Unit, including
the classifications of Police Officer, Senior Officer and Sergeant, for all matters concerning wages,
hours, and other terms and conditions of employment; and
WHEREAS, the current Memorandum of Understanding ("MOU") between the City and
MBPOA ("MBPOA MOU 2022-2024), which was duly approved by the City Council on June 28,
2022, is set to expire on June 30, 2024; and
WHEREAS, the City and MBPOA entered into negotiations for a successor MOU covering
the period of July 1, 2024 through June 30, 2027; and
WHEREAS, the City's labor relations representatives and the MBPOA representatives
successfully met and conferred to negotiate both a Tentative Agreement for the successor MOU
and also the successor MOU between the parties, pursuant to both the Meyers-Milias-Brown Act
("MMBA") (Gov't Code Section 3500-3511) and the City's Employer -Employee Relations
Resolution, Resolution No. 08-17, and have jointly prepared and executed the attached Tentative
Agreement ("MBPOA MOU 2024-2027 Tentative Agreement"), and the successor MOU between
the City and MBPOA, for the period July 1, 2024 through, and including, June 30, 2027 ("MBPOA
MOU 2024-2027"), which were ratified by MBPOA on or about May 10, 2024; and
WHEREAS, the MBPOA MOU 2024-2027 Tentative Agreement and MBPOA MOU 2024-
2027 are subject to City Council acceptance and approval, which are made a part hereof by this
reference; and
WHEREAS, once approved by the City Council, the MBPOA MOU 2024-27 shall become
binding agreements between the City and MBPOA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MORRO BAY, CALIFORNIA, AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. The City Council approves the MBPOA MOU 2024-2027 Tentative Agreement
between the City and MBPOA for the period of July 1, 2024 through, and including June 30, 2027,
a copy of which is attached hereto as Exhibit 1.
Section 3. The City Council approves the MBPOA MOU 2024-2027 as the successor
MOU between the City and MBPOA for the period of July 1, 2024 through, and including, June
30, 2027, a copy of which is attached hereto as Exhibit 2.
01181.0026/799029.1
Section 4. The City Clerk shall certify the passage and adoption of this Resolution and
enter it into the book of original resolutions.
Section 5. This resolution shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 251h day of June 2024, by the following vote:
AYES: Wixom, Barton, Edwards, Ford, Landrum
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
11�
Vv �
CARLA IXOM, Mayor
ATTEST:
�PANA SWANSON, City Clerk
i
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City of Morro Bay & Morro Bay Peace Officers Association
Tentative Agreement — May 7, 2024
1. Term: Modify Article 7 of the MOU to reflect a term of three (3) years, commencing July 1,
2024 through June 30, 2027.
2. COLA: Modify Article 18 of the MOU to provide that effective at the beginning of the pay
period that contains July 1 each year, the City shall implement an across-the-board cost of
living base salary increase, as follows:
® July 1, 2024 .........4%
® July 1, 2025......... 4%
® July 1, 2026......... 4%
3. Market Equity Adjustment: Modify Article 18 of the MOU to provide that, in addition to
the annual COLA, above, the City shall provide additional across-the-board base salary
increase for each unit classification effective at the beginning of the pay period that contains
July "1 each year, as follows:
July 1, 2024 .........4%
® July 1, 2025......... 3%
July 1, 2026......... 3%
4. POST Pay: Modify Article 16 of the MOU to provide that effective at the beginning of the
pay period that contains July 1, 2024, POST Certificate pay shall be as follows:
Intermediate
$230
$275
Advanced
+ $230
+ $275 (Total of $550)
,Supervisors S is oral
+ $140
+ $200 (Total of $750)
5 Deferred Compensation: Modify the MOU to provide that effective at the beginning of the
pay period that contains July 1, 2024, employees shall be eligible to receive a matching
contribution to deferred compensation, up to $1,200.00 per year.
6. Retention Incentive Program: Modify the MOU to provide that effective at the beginning
of the pay period that contains July 1, 2024, the City will implement a retention incentive pay
based upon years of sworn MBPD experience, as follows:
®
o C
Upon completion
of the 3d year
of sworn MBPD experience
2%
U' `an completion
of the 91" year
of sworn MBPD experience
+ 2% 4% total
Upon completion
of the 15"'
year of sworn MBPD experience
+ 2% 6% total)
Page 1 of 2
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7. Health Insurance: Modify the MOU to provide that health insurance shall be provided, as
follows:
® Health: City to pay an amount equal to 100% of the E/ee only premium, 90% of the
E/ee+l premium and 89% of the E/ee+2 or more premium for the lowest cost PPO
plan offered through CalPERS.
® Dental and Vision: For calendar years 2024 and 2025 the city will contribute 100%
of the dental and vision premiums for Employees and their dependents. The city will
pay up to a 5% increase in premiums for calendar year 2026 and up to an additional
5% increase for 2027, Employees will pay for any increase beyond 5%,
FOR THE CITY OF MORRO BAY FOR THE MORRO BAY POA
5
Yvonne Kimball, Stephanie Storm,
City Manager MBPOA President
Page 2 of 2
Table Of Contents
ARTICLE 1 — PURPOSE..........................................................................................................................1
ARTICLE 2 — MANAGEMENT. . 0 a 0 a 9 a 9 9 0 a 0 a a 0 6 6 6 6 & 9 a a 6 6 a a a a a a a a 4 1 a a a 0 4 4 0 9 0 9 0 9 0 0 0 0 4 9 0 0 0 6 a 9 a 0 a a a a a a a a a 9 9 9 & & 6 6 a a 0 0 a a 8 a 0 a 0 9 8 8 9 a 4 9 0 v a 0 a a a a 6 a 9 a a a I
ARTICLE3 - RECOGNITION. . 6 0 0 6 a 6 0 a 0 a 1 8 4 0 9 9 0 9 9 a I 1 0 0 a I a 9 0 1 0 a a a 0 1 0 a 6 6 6 6 6 6 6 6 6 6 6 6 6 & a 6 0 @a a 4 a 4 4 a 0 0 4 a a 6 4 a I 1 5 4 a p a 4 a 9 a 9 v 1 4 6 a a a 8 a a 8 a a 6 a 9 a 4 a 4 0 0 0 1 0 0 0 4
ARTICLE 4 — ASSOCIATION BUSINESS. . 6 a 0 a a a a a a a 4 a a 9 a 4 4 0 0 9 0 0 9 9 9 9 9 9 4 a a R 0 9 0 p p 6 0 6 6 6 a 6 a 6 6 6 6 6 6 0 6 6 a a 0 6 6 a a 0 a 8 4 0 0 0 0 0 0 0 0 0 a 0 0 R 5 a I a a 6 & 9 a a 65
ARTICLE 5 — AUTHORIZED AGENTS................................................................................................6
ARTICLE 6 —ASSOCIATION DUES AND DEDUCTIONS, . 6 6 6 6 a a 6 6 a 6 6 6 a a 6 0 a a 6 0 a a a a 0 0 0 0 0 4 4 0 0 0 9 0 0 9 9 a a 6 0 a 0 6 6 6 0 & 9 9 a a a a 9 9 07
ARTICLE7 — TERM................................................................................................................................67
ARTICLE8 — RENEGOTIATIONS........................................................................................................8
ARTICLE9 — ANTI—DISCRIMINATION..............................................................................................08
ARTICLE10 - WORK SCHEDULE. 4 9 1 9 9 4 a a 0 0 a 6 6 6 6 a a a a a 4 a 4 4 1 a 6 6 a 1 8 0 4 0 0 0 0 0 0 0 0 0 a a 0 a a 0 a 4 a 9 9 6 a a 6 a a a a a 1 0 0 6 & 6 6 6 0 a a a 0 0 a 0 0 0 0 4 0 0 0 4 0 9 0 6 9 0 a 0 a 0 6 & 8 0 a 8
ARTICLE 11 — VACATION/HOLIDAY LEAVE.. 9 9 00 4 eased 9 @sets 9 9 9 9 8 vaoo9oq*f** Bases geoo*aW9
ARTICLE12 — SICK LEAVE.................................................................................................................a15
ARTICLE 13 — BEREAVEMENT..........................................................................................................16
ARTICLE 14—CAL PERS RETIREMENT AND DEFERRED COMPENSATION ...................16
ARTICLE 15 — HEALTH BENEFITS, a a 4 0 0 0 0 a a a 1 0 9 0 0 9 4 4 a I 1 5 0 0 0 a a 6 6 a 0 a a 0 6 0 6 a 0 0 6 a a 6 a 0 0 9 a a 0 a 0 a 9 a 0 a 9 4 4 4 4 a 0 0 a 0 0 0 a a a 4 6 0 a & & a 6 6 6 6 0 a 0 a a 0 0 0 9 0 0 4 0 a 918
ARTICLE 16 — EDUCATIONAL PAY INCENTIVES, a 0 0 0 9 0 9 a a a a a a 6 a 6 6 6 0 a a 6 a 6 6 a a 0 a a 4 9 a a 4 & a a 0 0 0 0 0 0 0 0 0 8 0 0 a 0 0 9 0 4 6 0 0 a a a 6 0 096466819
ARTICLE 17 — RETENTION INCENTIVE PROGRAM...................................................................19
ARTICLE18 - UNIFORMS, a 0 a 0 a a a a a a 4 0 4 4 0 a a 6 6 9 1 a a I a 0 4 a 0 a 0 a 8 1 9 9 9 9 9 a 9 a 9 4 0 0 a 0 a a 9 a a 6 0 6 6 a 0 a a a 6 a a a a 9 a a a a 4 a 4 4 a 0 a 0 0 0 9 0 0 9 0 0 0 a 0 a I a 0 6 a 6 6 6 6 6 6 6 a a 9 a a 4 a 0 0 0 2 0
ARTICLE 20 — SPECIAL PAY PRACTICES......................................................................................21
ARTICLE 21 — BULLETIN BOARD.....................................................................................................25
ARTICLE 22 — PROBATIONARY PERIOD......................................................................................25
ARTICLE 23 — DRUG AND ALCOHOL TESTING..........................................................................25
ARTICLE 24 — GRIEVANCE PROCEDURE.....................................................................................26
ARTICLE 25 — NO STRIKE, SLOW —DOWN OR OTHER INTERRUPTION TO WORK........27
ARTICLE 26 — FULL UNDERSTANDING, MODIFICATION, WAIVER.....................................27
ARTICLE27 — SEVE RABILITY............................................................................................................28
ARTICLE 28 —JOINT DRAFTING, a a 0 a I a 6 0 6 & 6 0 a a 0 6 as a a a a a a 9 0 0 0 0 a to 0 0 0 0 0 0 0 0 0 0 a 0 a 0 0 0 a 0 a a a a a 0 a 6 6 a 0 6 6 0 0 a a a a 8 1 a a a a 0 a 4 a a 4 9 9 9 1 9 9 9 9 a 0 0 0 6 as 6 6 0 a a 2 8
ARTICLE 29 — CITY COUNCIL APPROVAL...................................................................................28
City of Morro Bay MBPOA MOU 2024 - 27 Page i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY PEACE OFFICERS ASSOCIATION
AND THE CITY OF MORRO BAY
2024 - 2027
ARTICLE 1 -PURPOSE
WHEREAS, the City of Morro Bay is a municipal corporation, existing under the
laws of the State of California as a general law city; and
WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned,
because of a fixed tax rate, and in structure because it is a public entity, rather
than a profit -making business; and
WHEREAS, the Morro Bay Peace Officers Association, Inc, is a California
corporation, existing under the laws of the State of California; and
WHEREAS, the Morro Bay Peace Officers Association, Inc., and the City of Morro
Bay recognize that the mission and the purpose of the City is to provide high -
quality and economical municipal services and facilities to the residents of the
City of Morro Bay;
THEREFORE, this Memorandum of Understanding, referred to as "MOU", is
entered into as of July 11 2024, between the City of Morro Bay, referred to as
"CITY," and the Morro Bay Peace Officers Association, referred to as
"ASSOCIATION."
It is the intent and purpose of this MOU to assure sound and mutually
beneficial working and economic relations and conditions between the parties
hereto, to provide for an orderly and peaceable method and manner of
resolving any differences, that may arise, to negotiate any misunderstanding,
which could arise, and to set forth herein the basic and full agreement
between the parties, concerning the pay, wages, hours of employment, and
other terms and conditions of employment.
ARTICLE 2 -MANAGEMENT
2.1 In order to ensure that the CITY shall continue to carry out its public
safety functions, programs, and responsibilities to the public imposed by
law, and to maintain efficient public safety service for the citizens of
Morro Bay, the CITY continues to reserve and retain, solely and
City of Morro Bay MBPOA MOU 2024-27 Page 1
exclusively, all management rights, regardless of the frequency of use,
including those rights and responsibilities set forth by law and those CITY
rights set forth in the CITY's Personnel Rules and Regulations, and
including, but not limited to, the following:
2.1.1 To manage the Police Department, and determine policies and
procedures and the right to manage the affairs of the Department.
2.1.2 To determine the existence, or nonexistence, offacts which are the
basis of the management decision in compliance with State law.
2.1.3 To determine the necessity, organization, implementation, and
termination of any service or activity conducted by the CITY or
other government jurisdiction, and to expand or diminish police
services.
2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer,
discipline, discharge, terminate, demote, reduce, suspend,
reprimand, withhold salary increases and benefits for disciplinary
reasons, or otherwise discipline employees, in accordance with
Department or CITY Rules, Regulations, or Ordinances.
2.1.5 To determine the nature, manner, means, extent, type, time,
quantity, quality, technology, standard, and level of police services
to be provided to the public.
2.1.6 To require the performance of other public safety services, not
specifically stated herein, in the event Of an emergency or disaster,
as deemed necessary by the CITY.
2.1.7 To lay off employees of the Police Department because of lack of
work or funds or under conditions where continued work would
be inefficient or nonproductive or not cost effective, as determined
by the CITY.
2.1.8 To determine and/or change the police facilities, methods,
technologyI equipment, operations to be performed, organization
structure, and allocate or assign work by which the CITY police
operations and services are to be conducted.
2.1.9 To determine methods of financing.
City of Morro Bay MBPOA MOU 2024-27 Page 2
2.1.10 To plan, determine, and manage the Department's budget, which
includes, but is not limited to, changes in the number of locations
and types of operations, processes and materials to be used in
carrying out all Police Department functions, and the right to
contract or subcontract any work or operations of the Police
Department.
2.1.11 To determine the size and composition of the Police Department
workforce, assign workto employees of the Police Department, in
accordance with requirements determined by the Police
Department, and to establish and require compliance to work
hours and changes to work hours, work schedules, including call
back, standby, and overtime, and other work assignments, except
as otherwise limited by this MOU, or subsequent MOUs.
2.1.12 To establish and modify goals and objectives, related to
productivity and performance programs and standards, including,
but not limited to, quality and quantity, and required compliance
therewith.
2.1.13 To determine qualifications, skills, abilities, knowledge, selection
procedures and standards, job classification, job specifications,
and to reallocate and reclassify employees, in accordance with
division and/or CITY Rules and Regulations.
2.1.14 To determine the issues of public policy and the overall goals and
objectives of the Police Department, and to take necessary action
to achieve the goals and objectives of the Police Department,
2.1.15 To hire, transfer intra- or inter -Department, promote, reduce in
rank, demote, reallocate, terminate, and take other personnel
action for non -disciplinary reasons, in accordance with
Department and/or CITY Rules, Regulations and Ordinances.
2.1.16 To determine policies, procedures, and standards for recruiting,
selecting, training, and promoting employees.
2.1.17 To establish, implement, and/or modify rules and regulations,
policies, and procedures related to productivity, performance,
efficiency, personal appearance standards, code of ethics and
City of Morro Bay MBPOA MOU 2024-27 Page 3
conduct, safety, health, and order, and to require compliance
therewith.
2.1.18 To maintain order and efficiency in police facilities and operation.
2.1.19 To restrict the activity of an employee organization on CITY
facilities, except as set forth in this MOU.
2.1.20 To take any and all necessary steps and actions to carry out the
service requirements and mission of the CITY in emergencies or
any other time deemed necessary by the CITY, and not specified
a Bove.
2.2 Nothing herein is meant to diminish CITY rights provided by the
Government Code,
2.3 Nothing herein is meant to diminish the Public Safety Officers
Procedural Bill of Rights Act, as set forth in the Government Code
Sections 3300-3313.
2.4 AUTHORITY IF THIRD PARTY NEUTRAL -MANAGEMENT RIGHTS
All management rights, powers, authority, and functions, whether
heretofore or hereinafter exercised, shall remain vested exclusively with
the CITY. No third party neutral shall have the authority to diminish any
of the management rights, which are included in this MOU.
ARTICLE 3 -RECOGNITION
3.1 Pursuant to Resolution No. 08-17, the Employer -Employee Relations
Resolution of the City of Morro Bay and applicable State law,
ASSOCIATION was designated by CITY as the representative of CITY
employees in the Law Enforcement Unit (hereafter "UNIT"). The UNIT is
comprised of the following classifications:
Sergeant
Senior Officer
Police Officer
The term "employee" or "employees," as used herein, shall refer only to
the foregoing classifications.
City of Morro Bay MBPOA MOU 2024-27 Page 4
3.2 Employees working on a regular basis in a classified position, but less
than full-time, shall receive vacation and sick leave accruals on a pro-
rated basis, commensurate with hours worked. All benefits for new hires,
including insurance benefits, will be allocated on a pro -rated basis
commensurate with hours worked.
3.3 ELECTRONIC DEPOSIT:
All employees shall receive their pay by electronic methods. New hires
must present account information for a checking or a savings account
with an ACH member financial institution.
ARTICLE 4 -ASSOCIATION BUSINESS
4.1 Employee representatives, designated by the ASSOCIATION, shall be
granted time off, without loss of pay, to attend "meet and confer"
sessions with the City Manager, and/or their designee, on subjects within
the scope of representation when such meetings are scheduled during
regular working hours. Should such meetings extend beyond an
employee representative's regular working hours, the employee
representative shall be paid for only the regular working hours.
It is understood that this time -off provision shall only apply to a
maximum of three (3) employees attending any one meeting between
the CITY and the ASSOCIATION. Where exceptional circumstances
warrant, the City Manager may approve the attendance at such
meetings of additional employee representatives. The ASSOCIATION
shall, whenever practicable, submit the names of all employee
representatives to the City Manager, or designee, at least two working
days in advance of such meetings. Provided further: (1) no employee
representative shall leave their duty or work station or assignment,
without specific approval of the department head or other authorized
CITY management official; and (2) any such meeting is subject to
scheduling by CITY management, in a manner consistent with operating
needs and work schedules.
4.2 Nothing provided herein shall limit or restrict CITY management from
scheduling such meetings before or after regular CITY or work hours.
4.3 Off -duty employees will not be paid for attending meet and confer
sessions, nor will overtime be paid for same.
City of Morro Bay MBPOA MOU 2024-27 Page 5
4.4 The CITY will notify the ASSOCIATION 's designated representative in
writing or via email regarding all new hires at least ten (10) days prior to
the employee's orientation unless there is an urgent need that was not
reasonably foreseeable. Within the earlier of thirty (30) days after the
date of hire or by the first pay period of the month following the hire of
each newly hired employee, the CITY will provide the ASSOCIATION's
designated representative with the new employee's name, job title,
department, work location, home mailing address, personal email, and
work, home and personal cell phone numbers.
The new hire will receive a copy of the MOU with their new employee
orientation packet. ASSOCIATION shall be permitted one (1) hour for
each orientation session to talk to new bargaining unit members to
explain the rights and benefits under the MOU.
The CITY will provide the ASSOCIATION's designated representative a
quarterly list of all employees in the represented bargaining unit,
including the employee's name, job title, department, work location,
home mailing address, personal email, and work, home and personal cell
phone numbers.
Notwithstanding the foregoing, the CITY will not provide the
ASSOCIATION with the home address, home telephone number,
personal cellular telephone number, or personal email address or date of
birth of any employee who has made a written request to the CITY
regarding non -disclosure of said information. The parties will mutually
agree on a form to use to track said employee information and whether
any employee requests that such information not be disclosed.
The ASSOCIATION shall indemnify and hold harmless the CITY, its
officersI agents, and employees from any and all claims, demands,
damages, costs, expenses, or liability arising out of this Section 4.4.
ARTICLE 5 -AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this MOU:
5.1 The CITY's principal authorized agent shall be the City Manager, or their
duly authorized representative (address: 595 Harbor Street, Morro Bay, CA
City of Morro Bay MBPOA MOU 2024-27 Page 6
93442; telephone (805) 772-6201), except where a particular management
representative is specifically designated in the MOU.
5.2 The ASSOCIATION's principal authorized representative shall be the
President of the Association, or their duly authorized representative
(address P. O. Box 276, Morro Bay, CA 93443).
ARTICLE 6 -ASSOCIATION DUES AND DEDUCTIONS
6.1 The ASSOCIATION may request that the CITY deduct membership dues,
initiation fees, and general assessments, as well as payment of any other
membership benefit program sponsored by the ASSOCIATION, from the
wages and salaries of ASSOCIATION members. The ASSOCIATION hereby
certifies that ASSOCIATION has and shall maintain all such deduction
authorizations signed by the individual from whose salary or wages the
deduction is to be made and shall not be required to provide a copy of an
individual authorization to the CITY unless a dispute arises about the
existence or terms of the authorization. Accordingly, ASSOCIATION
membership dues shall be deducted each pay period in accordance with
CITY procedures and provisions of applicable law from the salary of each
employee whose name is provided by the ASSOCIATION. Any changes in
ASSOCIATION dues must be given to the CITY a minimum of thirty (30)
days prior to change to accommodate changes to payroll. ASSOCIATION
will pay the costs incurred by the CITY in order to set up the employee's
deductions. After initial set up, ASSOCIATION may be charged $5 per
employee to make changes to requested dues deductions.
6.2 The ASSOCIATION shall defend and indemnify, and hold harmless, the
CITY, its officers, agents, and employees from any and all claims,
demands, damages, costs, expenses, or liability arising out of this Article.
6.3 DEPOSIT OF DEDUCTIONS
It is agreed that the CITY will deposit payroll deductions, made payable to
credit unions in which the CITY participates, providing the ASSOCIATION
makes arrangements for such services that are acceptable to both
members and the CITY under the same conditions as prevails for
deductions as set forth above.
ARTICLE 7 -TERM
Except as otherwise provided herein, the term of this MOU commences on July
1, 2024, and expires, and is otherwise fully terminated, on June 30, 2027.
City of Morro Bay MBPOA MOU 2024-27 Page 7
ARTICLE 8 - RENEGOTIATIONS
The parties agree to commence renegotiations for a successor MOU in good
faith under the provisions outlined by the Meyers-Milias-Brown Act (MMBA).
ARTICLE 9 - ANTI -DISCRIMINATION
The CITY and ASSOCIATION mutually agree they will not discriminate against
employees for the exercise of their rights under the State of California
Government Code Section 3502,
ARTICLE 10 -WORK SCHEDULE
10.1 Alternative work schedules, in compliance with the federal Fair Labor
Standards Act ("FLSA"), may be implemented upon approval of the Chief
of Police. No guarantee of work, per day or per week, or of days of work
per week, is implied.
The implementation of an alternate work schedule shall not incur any
CITY obligation to allocate additional sworn personnel, vehicles or
equipment. All deployment of sworn personnel shall ensure effective and
efficient delivery of police protection to the community, sufficient to
continue during times of vacation, sick leave, and Department -approved
training.
10.2 OVERTIME
10.2.1 Sworn Personnel
Overtime shall be all work, authorized by management and
actually worked by the employee, in excess of eighty (80) hours
worked in a work period. For the purpose of defining hours worked,
vacation leave and holiday leave taken shall count towards time
worked, for the purpose of overtime. All overtime, as defined herein,
shall be paid at one and one-half (1.5) times the employee's regular
rate of pay.
NOTE: Hours spent in court under what used to be termed "Court
Appearance Pay" shall be considered and paid as part ofthis article;
except for the "minimum pay," which is now covered under Special
Pay Practices.
10.2.2 Compensatory Time Off
Effective with the ratification ofthis MOU, Compensatory Time Off
(hereinafter "CTO") shall be earned at the overtime rate of one and
City of Morro Bay MBPOA MOU 2024-27 Page 8
one-half (1.5) times the number of overtime hours, worked as
defined in Articles 10.2.1 and 10.2.2. CTO may be accrued up to a
maximum of 140 hours. Overtime earned, in excess of the CTO
maximum accrual, shall be compensated in cash.
10.2.3 Compensatory Time Payoff
Employees may elect a payoff of up to a maximum total of 60 hours
per fiscal year of accrued compensatory time. Upon 30 days'
advance notice, partial or full payment will be made on the second
paycheck received in March and/or on the second paycheck in
September, as elected by the employee.
10.3 EMERGENCIES
10.3.1 Nothing herein shall be construed to limit or restrict the authority
of management to make temporary assignments to different or
additional locations, shifts, or duties for the purpose of meeting an
emergency.
10.3.2 Such emergency assignments shall not extend beyond the period
of said emergency.
10.3.3 Short staffing, caused solely by absences due to employees taking
approved paid leave, shall not be considered an emergency.
10.4 SHIFT ROTATION
Shift rotation shall coincide with the first day of a pay period.
ARTICLE 11 -VACATION/HOLIDAY LEAVE
NOTE: ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.),
TAKEN OFF ON AN HOUR FOR HOUR BASIS EQUALING EMPLOYE
TIME OFF, REGARDLESS OFACCUMULATION RATES.
11.1 VACATION
11.1.1 The following is a list of vacation annual accrual schedule
of employment, effective retroactively to duly 1, 2016
employees still employed by the CITY upon City Council
of this successor MOU:
SERVICE
VACATIO N
WILL BE
E ACTUAL
by years
for those
adoption
City of Morro Bay MBPOA MOU 2024-27 Page 9
YEARS ACCRUAL
1-2 88 hrs
3-4 96 hrs
5 104 hrs
6-7 112 hrs
8-9 120 hrs
10 128 hrs
11-12 136 hrs
13-14 144 h rs
15 or more 160 hrs
UNIT members hired after July 1, 2016 may be credited with years of
service based upon prior law enforcement service at other agencies
as determined within the sole discretion of the Police Chief and as
approved by the City Manager and to be documented in both the
recruit's conditional offer and the City's initial hire Personnel Action
Form. Retroactive application shall be applied to those employees
hired on or before the City Council's adoption of this MOU, but there
shall be no increased retroactive accrual of vacation. Rather the
increased accrual only applies starting July 2, 2016.
11.1.2 Employees vacation accrual will be credited to employees on a pro-
rated basis over twenty-six (26) pay periods per year.
11.1.3 In determining the priority of individual members for assignment
of vacation periods, "seniority within rank" shall be the primary
criteria. During the month of January of each year, each employee
shall submit their preferences for vacation time off during that
calendar year. It is agreed that every effort will be made to permit
UNIT members to take vacation at a time and for periods as close
to members' preference as possible, consistent with the necessity
for maintaining adequate manning to assure performance of
police department functions. It is further agreed that every effort
will be made to schedule individual vacation periods so as to
maximize consecutive vacation days off, consistent with annual
vacation entitlement.
11.1.4 Effective retroactive to the pay period including July 1, 2016, the
maximum amount of vacation accrual will be 280 hours. When an
employee reaches the maximum accrual limit of 280 hours, the
employee shall cease to accrue vacation leave until the usage of
vacation causes the balance to be less than 280 hours. Employees
who have a requested vacation denied or canceled within 60 days
prior to reaching the 280-hour accrual maximum shall, upon
City of Mot•ro Bay MBPOA MOU 2024-27 Page 10
request, be given an additional 60 days following reaching the
maximum to utilize vacation, prior to ceasing to accrue.
Effective beginning for calendar year 2025 and every year
thereafter: By December 15 of each year (the first year being
2024), employees may make an irrevocable election to cash out
up to forty (40) hours which will be earned in the following
calendar year. If an employee makes an irrevocable election to
cash out vacation in the following calendar year and uses vacation
in that subsequent year, the vacation used will come from
vacation the employee had earned prior to January 1 of the year of
the cash out. If the employee does not make an election to cash
out vacation in the following, no cash out will be permitted,
subject to the unforeseen emergency provision, below.
In addition to the above, starting in 2025, an employee who has an
"unforeseen emergency" (defined as an unanticipated emergency
that is caused by an event beyond the control of the employee
and that would result in severe financial hardship to the employee
if early withdrawal were not permitted) shall be entitled to make a
request to the Human Resources Director for a payoff of accrued
vacation leave. The amount of vacation leave which may be paid
off is limited to the amount necessary to meet the emergency.
The maximum payoff the employee can receive for an emergency
is limited to forty (40) hours of their accrued vacation leave. These
forty (40) hours would be the same forty (40) hours the employee
elected to cash out, if applicable.
HOLIDAYS
11.2.1 For the purpose of this MOU, the following days are the holidays for
the employees in this UNIT:
New Year's Day
Martin Luther King,
Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veterans Day
January
Jr. 3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
J u ly 4th
15t Monday in September
November 11tn
City of Morro Bay MBPOA MOU 2024-27 Page ll
Thanksgiving Day
Day after Thanksgiving
Day
Christmas Day
Day after Christmas
Floating Holiday
4th Thursday in November
Friday after Thanksgiving
December 25cn
December 261n
Varies
11.2.2 Effective upon City Council adoption of this MOU, employees who
work a holiday listed in 11.2.1, shall be paid one and one-half (1.5)
times their base hourly rate. An employee is eligible for the one and
one-half time pay only for the hours actually worked during the
actual calendar holiday date as set forth in 11.2.1 above regardless of
any change in City observation of same based upon the actual day
of the week of the holiday. Each employee will be credited eight (8)
hours Holiday leave for each holiday listed in 11.2.1 or recognized
under 11.2.3, in addition to pay for time worked on that holiday.
Holiday Leave hours shall be pro -rated annually and credited to
employees at the rate of four hours per pay period. (For example, if
a listed holiday is Sunday, and the City recognizes the holiday on
Monday, the employee working the actual holiday on Sunday shall
receive credit under the code Police Holiday Worked for working
the actual holiday).
11.2.3 Holidays Proclaimed by Government Officials: It is agreed that
when a holiday is proclaimed by the Mayor of the CITY, then each
regular member of the UNIT shall be granted compensation in the
same number of hours as equivalent to the time -off granted other
employees of the CITY. Such time -off shall be selected by the Police
C h i ef.
11.2.4 Accumulated HOliday Leave may be scheduled and taken upon
approval of the Police Chief, or their designee.
11.2.5 Employees may accumulate up to a maximum of 116 hours Holiday
Leave per year. All Holiday Leave, not taken by the pay period
containing December 1, shall be paid off at the employee's current
rate of pay. By request only, employees may be paid for a
designated amount of accumulated Holiday Leave with the pay
period including June 1, upon 30 days' advance notice to Payroll.
When an employee terminates employment with the CITY,
employee shall receive pay for employee's current holiday balance
at employee's current base hourly rate.
City of Morro Bay MBPOA MOU 2024-27 Page 12
NOTE: Subject to maximum accrual limits, employee specified
amounts of Holiday Leave may be transferred to Compensatory
Time Off, upon request in December only: Payroll must be notified
by November 1st
11.3 MILITARY LEAVE
11.3.1 Military Leave will be provided pursuant to City Resolution 65-01
and Military and Veterans Code 395.03
11.4 ASSOCIATION LEAVE
11.4.1 UNIT members will be allowed to contribute accumulated
compensatory, holiday, or vacation time off to a special
compensatory time account for the use of ASSOCIATION executive
officers. ASSOCIATION officers, or their designee(s), may, subject to
all normal approvals and restrictions for time off requirements,
receive up to a total of forty (40) hours per fiscal year off for
attendance at meetings, seminars, etc., on behalf of the
ASSOCIATION.
At no time may the ASSOCIATION compensatory time account
contain more than one hundred (100) accrued hours.
The parties agree herewith to retain the option to re -open collec"tive
bargaining, with respect to this section 11.4.1, regarding the specific
issue of initiating a process in which the UNIT members can donate
to a time bank for ASSOCIATION business.
11.4.2 Pursuant to Government Code section 3505.3, the CITY shall allow
the employee Stewards of the ASSOCIATION a reasonable time off
without loss of compensation or other benefits when they are
participating in any one of the following activities:
(a) Formally meeting and conferring with representatives of the
CITY on matters within the scope of representation;
(b) Testifying or appearing as the designated representative of
the ASSOCIATION in conferences, hearings, or other proceedings
before the Public Employment Relations Board, or an agent
thereof, in matters relating to a charge filed by the ASSOCIATION
against the CITY or by the CITY against the ASSOCIATION; and
(c) Testifying or appearing as the designated representative of
City of Morro Bay MBPOA MOU 2024-27 Page 13
the ASSOCIATION in matters before a personnel or merit
commission or similar administrative hearing.
11.4.3 Pursuant to Government Code section 3558.81 the CITY shall grant
to employee Stewards of the ASSOCIATION, upon written request
of the ASSOCIATION, reasonable leaves of absence without loss of
compensation or other benefits for the purpose of enabling
employees to serve as stewards or representatives or officers of the
exclusive representative, or of any statewide or national employee
organization with which the ASSOCIATION is affiliated.
(a) The ASSOCIATION shall reimburse the CITY for all
compensation paid to the employee on leave. Reimbursement by
the ASSOCIATION shall be made on or before thirty (30) days after
receipt of the CITY's certification of payment of compensation to
the employee.
(b) At the conclusion or termination of leave granted under this
section, the employee shall have a right of reinstatement to the
same position and work location held prior to the leave, or, if not
feasible, a substantially similar position without loss of seniority,
rank, or classification.
(c) The ASSOCIATION has no obligation to use leave under this
section for an employee and may terminate that leave at any time,
for any reason. The CITY reserves the right to recall any employee
on leave pursuant to these sections due to an emergency.
11.4.4 Compensation -Compensation for release time shall not exceed
the employee Stewards' standard schedule of hours per day and
shall not include compensation for overtime. Compensation shall
include retirement fund contributions required of the CITY as an
employer. The employee shall earn full service credit during the
leave of absence and shall pay their member contributions. The
leave of absence without loss of compensation or other benefits
provided for bythis section is in addition to the releasetime without
loss of compensation or other benefits granted to representatives
of the ASSOCIATION under applicable laws or this MOU.
11.4.5 Written Notice -Pursuant to Government Code sections 3505.3 and
3558.5, for leave requests for three consecutive days or less, the
ASSOCIATION shall submit a written request to the employee
Steward's Department Head at least seven (7) days in advance of
the requested leave of absence. For leave requests of greater than
City of Morro Bay MBPOA MOU 2024-27 Page 14
three consecutive days, the ASSOCIATION shall submit their
written request at least thirty (30) calendar days in advance of the
requested leave of absence. The written request shall include the
purpose, dates, and duration of the requested leave.
11.4.E Approval or Denial of Leave -A request for leave of absence may be
granted on a full-time, part-time, periodic, or intermittent basis and
will be approved if it does not substantially interfere with the
performance of CITY services and operations. If leave is denied, the
Department Head shall provide the ASSOCIATION with written
notification of the reasons why the requested leave is denied. If
granting the requested leave would create an operational hardship
for the CITY, the parties agree to meet and confer regarding the
requested leave in order to identify mutually acceptable alternative
dates or amount of leave.
11.4.7 Reporting -The ASSOCIATION or the employee shall be required to
execute any payroll forms, certifications of time, or other
documents as required by the CITY to ensure that the time
reporting is accurate and that the employee is performing the
duties of a steward or officer or representative of the ASSOCIATION
during all reported working hours.
11.4.8 Indemnification -The CITY shall not be liable for an act or omission
of, or an injury suffered by, an employee of the CITY if that act,
omission, or injury occurs during the course and scope of the
employee's leave under this section to work for the ASSOCIATION.
If the CITY is held liable for such an act, omission, or injury, the
ASSOCIATION shall indemnify and hold harmless the CITY.
ARTICLE 12 -SICK LEAVE
12.1 Sick leave shall be earned at the rate of eight hours each calendar month
of service. There is no limit on the amount of sick leave that may be
accumulated by members of this UNIT.
12.2 Based on individual utilization of paid sick leave in the preceding calendar
year, rolling backwards 365 days from the date of requested conversion,
employee may convert unused accumulated sick leave into paid vacation
leave once per fiscal year, pursuant to the formula below:
8 Hour 10 Hour 12 Hour Maximum Conversion
Schedule Schedule Schedule To Vacation Leave
0 0 0 48 hours
City of Morro Bay MBPOA MOU 2024-27 Page 15
.25t08
8.25 to 16
16.25 to 25
over 25
25 to 10
10.25 to 20
20.25 to 30
over 30
25to12
12.25 to 24
24.25 to 36
over 36
36 hours
24 hours
12 hours
0 hours
At least 160 accrued hours must remain in employee's sick leave bank for
any employee to be eligible for conversion, or for any conversion to be
authorized. In addition, the right to convert, along with any conversion
hours, does not carry over or rollover from fiscal year to fiscal year; failure
to request conversion, in any fiscal year, eliminates the right to do so for
that fiscal year, and does not permit employees to aggregate conversion
hours in any other fiscal year.
12.3 At termination, unused accumulated sick leave is not compensable;
however, upon retirement, may be converted to additional time, as
provided by the PERS sick leave option.
ARTICLE 13 = BEREAVEMENT
Employees shall be permitted to utilize three (3) days of paid
bereavement leave, per occurrence, in the case of the death of members
of the employee's immediate family (as defined in the Personnel Rules),
where the funeral service will be held in state and five (5) days paid
bereavement leave for funeral services held out-of-state. The three or five
days shall be regardless of shift length, subject to a maximum of12 hours
per day. Any necessary extra time shall be taken from the employee's
accrued sick leave. In cases where sick leave is exhausted, vacation time
shall be charged. Paid leave beyond the initial three or five days is subject
to department approval.
ARTICLE 14 -CAL PERS RETIREMENT AND DEFERRED COMPENSATION
14.1 It is the employee's obligation to contribute the employee's contribution
to CaIPERS. The employee shall pay their own contribution by payroll
deduction, consistent with the provisions of 414 (h) 2 of the Internal
Revenue Code,
14.1.1 Effective October 19, 2019, Tier 1 and Tier 2 members of the
ASSOCIATION shall contribute 2% to CaIPERS as cost sharing for a
total classic employee contribution of 11% and PEPRA members
(Tier 3) shall pay the statutorily mandated employee contribution
rate of one half the total normal cost or 14% of the employer cost,
whichever is higher.
City of Morro Bay MBPOA MOU 2024-27 Page 16
14.1.2 Effective no sooner than the pay period including July 1, 20231
CaIPERS Classic Member Tier 1 & 2 members of the ASSOCIATION
shall make an additional 1% cost sharing contribution to the
employer's contribution to CaIPERS.
14.1.3 Effective no sooner than the pay period including July 1, 2023, the
cost sharing for CalPERS PEPRA members of the ASSOCIATION
toward the employer's cost shall be reduced by 1%.
14.2 The ASSOCIATION understands and agrees that employees bear the risk
of payment of any increases in the employee contribution, above the
current percentage, made by action of CaIPERS or the state legislature.
14.3 Parties agree that CITY payment of CaIPERS contributions are made
based upon tax treatment currently permitted bythe State Franchise Tax
Board and the IRS.
14.4 Should current tax treatment change, the ASSOCIATION and the
employee shall hold harmless the CITY, its officers and agents, from any
and all claims or costs of any type, including, but not limited to, liability
for back taxes, arising out of this MOU, to pay part of the employee's
CaIPERS contribution. Should current tax treatment change, the
ASSOCIATION shall have the opportunity to meet and confer, regarding
any such changes.
14.5 For Sworn employees, hired prior to September 17, 2011, the CITY agrees
to continue to provide CaIPERS Safety employees in this UNIT with a
retirement benefit program through the California Public Employees
Retirement System (CaIPERS) as follows:
14.5.1 3% �a 50 formula (21362.2)
14.5.2 Unused Sick Leave Credit (Section 20965)
14.5.3 Military Service Credit (Sections 21023.5, 21024 & 21027)
14.5.4 Final Compensation 1 Year (Section 20042)
14.5.5 1959 Survivor Benefit, Level 4 (Section 21574)
14.5.6 Pre -Retirement Death Benefits (Section 21548 Option 2W & 21551)
14.5.7 Retired Death Benefit $500 (Section 21620)
14.5.8 Prior service (Section 20055)
14.5.9 Public Service Credit for Periods of Layoff (Section 21022)
14.6 For Sworn employees, hired on or after September 17, 2011, and those hired
on or after January 1, 2013, who meet the definition of classic member,
pursuant to the California Public Employees Pension Reform Act of 2013
City of Morro Bay MBPOA MOU 2024-27 Page 17
(PEPRA), the CITY will provide the following CaIPERS formula and optional
benefits:
14.6.1 3% ka 55 formula (21363.1)
14.6.2 Unused Sick Leave Credit (Section 20965)
14.6.3 Military Service Credit (Sections 21023.5, 21024 & 21027)
14.6.4 Final Compensation 3 Year (Section 20037)
14.6.5 1959 Survivor Benefit Level 4 (Section 21574)
14.6.6 Pre -Retirement Death Benefits (Section 21548 Option 2W and
21551)
14.6.7 Retired Death Benefit $500 (Section 21620)
14.6.8 Prior Service (Section 20055)
14.6.9 Public Service Credit for Periods of Layoff (Section 21022)
14.7 Pursuant to the California Public Employees' Pension Reform Act of 2013
(PEPRA), effective January 1, 2013, Sworn employees hired, who meet the
definition of new member under PEPRA and are not eligible for
reciprocity, will be provided the following retirement formula and
optional benefits:
14.7.1 2.7% �a 57 formula (Section 7522.25(d))
14.7.2 Unused Sick Leave Credit (Section 20965)
14.7.3 Military Service Credit (Sections 21023.5, 21024 & 21027)
14.7.4 Final compensation 3 Year (Section 20037)
14.7.5 1959 Survivor Benefit Level 4 (Section 21574)
14.7.E Pre -Retirement Death Benefits (Section 21548 Option 2W and
21551)
14.7.7 Retired Death Benefit $500 (Section 21620)
14.7.8 Prior Service (Section 20055)
14.7.9 Public Service Credit for Periods of Layoff (Section 21022)
14.8 DEFERRED COM PENSATION
14.8.1 Effective at the beginning of the pay period that contains July 1,
2024 the CITY will contribute, on a 2:1 basis (i.e., employee
contributes $2, and CITY contributes $1) with CITY maximum of
$1,200.00 per employee in any calendar year, to an employee's
deferred compensation 457 plan.
ARTICLE 15 -HEALTH BENEFITS
15.1 HEALTH INSURANCE
City of Moi•i•o Bay MBPOA MOU 2024-27 Page 18
15.1.1 CITY to pay an amount equal to 100% of the Employee only
premium, 90% of the Employee + 1 premium, and 89% of the
Employee + 2 or more premium for the lowest cost PPO plan
offered through CaIPERS.
15.2 DENTALANDVISION INSURANCE:
For calendar years 2024 and 2025, the CITY will contribute 100% of the
dental and vision premiums for Employees and their dependents. The
CITY will pay up to a 5% increase in premiums for calendaryear 2026 and
up to an additional 5% increase for calendar year 2027. Employees will
pay for any increase beyond 5% in each calendar year.
15.3 Any coverage made available to future retirees, beyond COBRA time
requirements, shall be paid for by the retiree.
ARTICLE 16 -EDUCATIONAL PAY INCENTIVES
16.1 Effective at the beginning of the pay period that contains July 1, 2024,
P.O.S.T. Certificate pay shall be as follows:
16.1.1 For UNIT members possessing the Intermediate P.O.S.T. Certificate,
CITY agrees to pay $275.00 per month.
16.1.2 For UNIT members possessing the Advanced P.O.S.T. Certificate,
CITY agrees to pay $275.00 per month, which may be stacked with
Intermediate P.O.S.T Certificate Pay for a total of $550.00 per
month.
16.1.3 For Police Sergeants possessing the Supervisory or Management
P.O.S.T. Certificate, or equivalent as determined by the Police Chief,
CITY agrees to pay $200.00 per month.
16.1.4 The maximum incentive pay for qualifying UNIT members is $750
per month.
ARTICLE 17 -RETENTION INCENTIVE PROGRAM
17.1 Effective at the beginning of the pay period that contains July 1.2024, the
CITY will implement a retention incentive premium pay calculated using
base pay and based upon years of sworn Morro Bay Police Department
(MBPD) experience as follows:
City of Morro Bay MBPOA MOU 2024-27 Page 19
Years
of Sworn Morro Bay Police Department
Service
Premium
Upon
completion of the 3,d year of sworn M BPD
experience
2%
Upon
completion of the 9th year of sworn M BPD
experience
+ 2% (4% total)
Upon
completion
of the 15th year of sworn MBPD experience
+ 2% (6% total)
ARTICLE 18 -UNIFORMS
18.1 Uniforms for employees shall be as set forth in Morro Bay Police
Department Policy Manual Section 1046, Uniform and Equipment
Regulations and Specifications.
18.2 Newly -hired employees shall receive a full uniform issue and will receive
full uniform replacement as needed until the following July 1. Effective
July 1 after hire, such employees shall commence receiving an annual
uniform allowance.
18.3 The following uniform articles are covered by the uniform allowance and
must meet the department uniform standards:
a. Uniform pants
b. Uniform shirts - long and short sleeves
c. Dress belt
d. Ties
e. Duty jacket
f. Uniform patches
18.4 All maintenance, tailoring and other alterations will be at the employee's
expense.
18.5 All optional equipment will be the responsibility of the employee.
18.6 All safety equipment originally issued and replaced by the department
remains the Department's property.
18.7 The annual uniform allowance will be as follows:
Sworn officers: $1,150
18.8 The CITY agrees to repair or replace any personal article damaged while
on duty, including uniform items as listed above, providing that such
article is a reasonable and necessary part of the employee's attire.
ARTICLE 19 -SALARIES
City of Morro Bay MBPOA MOU 2024-27 Page 20
19.1 Effective at the beginning of the pay period that contains July 1st ea
• July 1, 2024..........4%
• J u ly 1, 2025.0.040094.4%
• J u ly 11 2026......4...4%
c
19.2 In addition to the annual COLA, above, the CITY shall provide an
additional across-the-board equity adjustment base salary increase for
each unit classification effective at the beginning of the pay period that
contains July 1 each year, as follows:
• July 1, 2024..........4%
• July 11 2025..66.640963%
• July 1, 2026.000.400003%
ARTICLE 20 -SPECIAL PAY PRACTICES
20.1 STANDBY
20.1.1 Standby duty is defined as that circumstance which requires an
employee so assigned to:
1. Be ready to respond immediately to a call for service;
readily available at all hours by telephone or other agreed -
upon communication equipment; and
3. Refrain from activities which might impair their assigned duties
upon call.
The parties agree that employees on standby as defined above, are
"waiting to be engaged."
20.1.2 Regardless of any hours actually worked, employees on standby
shall be compensated for two (2) hours computed at their straight
hourly base rate per twenty-four (24) hours of authorized standby
time (e.g., 2 hours standby + actual time worked).
The twenty-four (24) hours' time period is defined as 0700 hours to
0659 hours the following day.
City of Morro Bay MBPOA MOU 2024-27 Page 21
Subject to the maximum accrual provisions of Section 10.2.3,
employees may elect to receive two (2) straight time compensatory
time off hours in lieu of paid standby compensation.
20.1.3 Court standby -Employees on court standby will receive two (2)
hours computed at their straight hourly base rate to be available
for court callback on off duty days. Subject to the maximum accrual
provisions of Section 10.2.3 employees may elect to receive two (2)
straight time compensatory time off hours in lieu of court standby
compensation.
20.2 CALL BACK
20.2.1 Call back is defined as that circumstance which requires an
employee to unexpectedly return to work after the employee has
left work at the end of the employee's work shift or work week;
except that, an early call in of up to two (2) hours prior to the
scheduled start of a work shift shall not constitute a call back; or,
employee is required for off -duty court appearance.
20.2.2 Required off -duty court appearance. Employees called back shall
receive either a two (2) hour minimum computed at straight hourly
base rate or pay for all time actually worked, whichever is greater.
An employee shall not receive overlapping minimums.
20.2.3 An employee shall not receive standby pay for the same hours they
received callback pay.
20.3 OUT OF CLASS ASSIGNMENT
20.3.1 The term "out -of -class assignment" shall be defined as the full-time
performance of the significant duties of a vacant funded position
in one classification by an individual in a classification with a lower
compensation range.
20.3.2 If an employee is required to work in an out -of -class assignment for
more than fifteen (15) workdays, within a calendar month their
department head shall, with prior approval of the Administrative
Services Director, make an acting appointment. Such acting
appointment shall be effective on the sixteenth (16th) workday
within a calendar month of the out -of -class assignment.
20.3.3 An employee on an acting appointment shall receive a one (1) step
increase within the employee's current classification salary as
City of Morro Bay MBPOA MOU 2024-27 Page 22
provided by CITY's Personnel Rules and Regulations. In the
absence of available steps within their current range, the employee
shall be granted a five percent (5%) increase above their current
base salary.
20.4 BILINGUAL PAY
Qualified employees who possess the necessary ability and who are
assigned to perform services as an interpreter in Spanish, shall be eligible
for additional stipend depending upon the employee's level of bilingual
expertise. Qualifications shall be determined by the CITY.
20.4.1 For those employees who conduct conversational assistance in
Spanish on a regular basis, seventy-five dollars ($75) per month
stipend is available.
20.4.2 For those employees who interpret and explain legal documents,
conduct conversational assistance, and write documents for those
persons who speak only Spanish, One Hundred Fifty dollars ($150)
per month stipend shall be available.
20.5 FIELD TRAINING OFFICER (FTO) ASSIGNMENT PAY
Individuals, in the classification of Police Officer formally assigned a
trainee by the Chief of Police, or their designee, shall be compensated at
the rate of 5% of base hourly rate. Compensation will be paid only when
acting as FTO.
20.6 SENIOR OFFICER ASSIGNMENT PAY
Up to four (4) individuals may be assigned as Senior Police Officers. This
assignment is not a permanent promotion to a higher classification.
Continuation in the assignment is based on an annual performance
evaluation of "Meets Satisfactory Performance Standards," as well as at
the discretion of the Chief of Police. Senior Police Officers will be
compensated at the rate of 5% above base pay for the term of the
assignment. While receiving Senior Officer Assignment pay, employees
are not eligible for FTO pay.
Incumbents in the Corporal classification will maintain status in the
Corporal class, and maintain the terms and conditions of the classification
as they existed at the time of their promotion; however, if the incumbents
in the Corporal classification leave the positions (due to promotion,
City of Morro Bay MBPOA MOU 2024-27 Page 23
retirement, etc.), the Corporal classification revert to assignments of
Senior Officers as provided above.
No vidual may be concurrently assigned as both a Senior Officer and
Detective.
20.7 DETECTIVE ASSIGNMENT PAY
Up to two individuals may be assigned as Detectives. The Detective
assignment is not a permanent promotion to a higher classification.
Continuation in the assignment is based on an annual performance
evaluation of "Meets Satisfactory Performance Standards" as well as at
the discretion of the Chief of Police. Detectives will be compensated at
the rate of 5% above base pay for the term of the assignment.
Incumbent Corporals may apply for, and be appointed to the Detective
assignment. If appointed, Corporals will maintain status in the Corporal
class and maintain the terms and conditions of the classification as they
existed at the time of their promotion. When the Detective assignment
ends, the Corporal may be placed into a Senior Officer assignment or a
regular officer position; still in the Corporal classification with the terms
and conditions of the Corporal classification being maintained.
Any individual concurrently assigned as both a Corporal and Detective
shall for compensation pay purposes only receive the Corporal salary and
no additional compensation for being assigned as a Detective.
20.7.1 SCHOOL RESOURCE OFFICER (SRO) ASSIGNMENT PAY
The SRO assignment is not a permanent promotion to a higher
classification. Continuation in the assignment is based on an
annual performance evaluation of "Meets Satisfactory Performance
Standards," as well as at the discretion of the Chief of Police.
SRO will be compensated at the rate of 5%above base pay for the
term of the assignment, and will be responsible for juvenile
investigations, as assigned.
20.8 NIGHT SHIFT DIFFERENTIAL
Sworn employees in this UNIT will receive 2.5% of base hourly payfor each
hour worked between the hours of 7:00 p.m. and 7:00 a.m.
20.9 CAN I N E CARE PAY
City of Morro Bay MBPOA MOU 2024-27 Page 24
An employee who is assigned a City canine, as part of a drug detection
search program or a service dog program, and who boards the canine at
their home, shall be paid $13.50 per hour (hereinafter, the "canine care pay
rate") for all time the employee spends outside of regular work hours on
the care of the assigned canine. Compensable canine care activities
include feeding, grooming, exercising, cleaning up, obtaining
veterinarian services or caring for any injuries, and shall not include other
time spent with the canine (e.g., commute time, as a family pet, etc.).
Employees, subject to this provision, shall not receive on -call pay or call
back pay for any time spent in the care of the assigned canine. The
residence of the employee, assigned a City canine, shall not constitute the
employee's work place. Travel (commute) time, from the employee's
home to the assigned work site, or from the assigned work site to the
employee's home, with the canine, shall not be considered time worked
or care of the canine.
It is estimated and agreed that the officers spend one-half hour per day
outside of regular work hours on compensable canine care activities. Off
duty time spent on compensable canine care tasks shall be considered
actual hours worked. These hours will be paid at the rate of 1.5 times the
canine care pay rate ($20.25).
ARTICLE 21 -BULLETIN BOARD
21.1 CITY agrees to furnish space for ASSOCIATION -purchased bulletin boards
of reasonable size for the posting of ASSOCIATION material. Location of
such bulletin boards shall be at the Police Station in an area commonly
used for briefings or meetings.
21.2 ASSOCIATION agrees it shall not use bulletin boards to ridicule, defame,
Or harass any CITY employees, officer or agent.
ARTICLE 22 -PROBATIONARY PERIOD
The probationary period for new officers and lateral hires shall be 12 months.
ARTICLE 23 -DRUG AND ALCOHOL TESTING
ASSOCIATION agrees to the terms of the Substance Abuse and Testing Policy
adopted by the Morro Bay City Council pursuant to Resolution No.14-99.
City of Morro Bay MBPOA MOU 2024-27 Page 25
ARTICLE 24 -GRIEVANCE PROCEDURE
24.1 The ASSOCIATION agrees that whenever investigation or processing of a
grievance is to be transacted during working hours, only the amount of
time necessary to bring about a prompt disposition of the matter will be
utilized. It is further agreed that the time spent on an investigation and
processing of grievances will not interfere with the normal operation of
the department. CITY agrees to provide every reasonable amount of time
for the investigation and the processing of grievance, but byso agreeing
does not imply that the processing or investigation of a grievance shall
take priority over normal functions of the department.
CITYfurther agrees that any payment of overtime arising because of UNIT
personnel's involvement in grievance investigation or processing shall
not be authorized. Time spent on the investigation and processing of
grievances will be recorded on a form provided by CITY. Stewards will be
permitted reasonable time -off with pay for the investigation and
processing of grievances provided, however, stewards shall first obtain
permission from the department head and/or their designee and inform
him/her of the nature of their business. CITY shall grant such permission
promptly unless such an absence would cause an undue interruption of
work or would require the CITY to pay overtime in order to maintain the
normal operation of the department.
Upon entering the work location, the steward shall inform the
department head and supervisor of the nature of their business.
Permission to leave a job will be granted to the employee involved unless
such absence would cause an interruption of work. If the employee
cannot be made available, the steward will seek an alternate time for
employee availability with the department head or supervisor.
It is agreed that in some instances the investigation and processing of a
grievance may be accomplished on the employee's time. This MOU is in
recognition of the mutual sharing of costs involved in the handling of
employee -initiated actions.
24.2 PURPOSE
The primary purpose of this procedure shall be to provide a means
whereby an employee, without jeopardizing his employment, can
express a personal grievance relating to his wages, hours of work, and
working conditions, and obtain a fair and equitable disposition of his
grievance.
City of Morro Bay MBPOA MOU 2024-27 Page 26
24.3 ASSOCIATION REPRESENTATIVE
The CITY agrees that the ASSOCIATION may designate a representative
to represent employees in the processing of grievances. The
ASSOCIATION shall furnish the City Manager with a written list identifying
by name and work location all regular and alternate representatives and
the list shall be kept current by the ASSOCIATION at all times. The
representatives are to begin investigating grievances only after the
employee has tried to resolve the problem with their immediate
supervisor and the two parties have failed to reach resolution of the
problem.
24.4 PROCEDURE
Procedures shall be in accordance with Resolution No. 07-17 and any
amendments thereto.
ARTICLE 25 - NO STRIKE SLOW -DOWN OR OTHER INTERRUPTION TO WORK
25.1 ASSOCIATION agrees not to cause, authorize, advise, encourage or
participate in any interruption of work or any other concerted action. The
term "interruption of work" shall mean any work stoppage or strike
(including economic and unfair labor practice strikes) or any intentional
slow -down of work. The term "other concerted action" includes picketing
or boycott activities by the ASSOCIATION.
25.2 Participation by any employee in any activity resulting in interruption of
work or other concerted action or use of paid Or unpaid leave for these
purposes shall subject employee to disciplinary action, up to and
including, discharge. When the City Manager has reason to believe that
such leave is being used as a method of interruption work, the burden of
proof of illness is upon the employee. Doctor's statements can be
required in accordance with Resolution No. 07-17, Personnel Rules &
Regulations, Section IOB.
ARTICLE 26 -FULL UNDERSTANDING, MODIFICATION, WAIVER
26.1 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.
City of Morro Bay MBPOA MOU 2024-27 Page 27
26.2 It is agreed and understood that each party hereto voluntarily and
unqualifiedly waives its right to negotiate, and agrees that the other party
shall not be required to negotiate, with respect to any matter covered
herein.
26.3 No agreement, alteration, understanding variation, waiver, or
modification of any of the terms or 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 by the
CITY and ratified by the membership of the ASSOCIATION.
26.4 The waiver of any breach of any term, or condition of this MOU by either
party shall not constitute a precedent in the future enforcement of all its
terms and provisions.
ARTICLE 27 - SEVERABILITY
If any provisions) are 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.
ARTICLE 28 - JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU.
Hence, in any legal construction or interpretation to be made ofthis MOU,
the same shall not be construed against any party.
ARTICLE 29 -CITY COUNCIL APPROVAL
The CITY's labor relations representatives and the ASSOCIATION's
representatives have met and conferred in good faith on wages, hours
and other terms and conditions of employment for the unit members
represented by the ASSOCIATION and have reached agreements which
are set forth in this MOU. This MOU, when executed by the CITY's labor
relations representatives and the ASSOCIATION representatives,
constitutes a joint recommendation therefrom, after ratification of the
ASSOCIATION membership, to be submitted to the City Council for its
determination and approval by resolution, as the City Council may deem
it and proper. This MOU is of no force or effect unless or until approved
and adopted by a resolution of the City Council.
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City of Moi•ro Bay MBPOA MOU 2024-27 Page 28
MORRO BAY PEACE OFFICERS ASSN.
cS�2,f�GlahJB S�DY�YI
Stephani Storm (Jun 19, 2024 10:32 PDT)
Stephanie Storm, President
Grant Hasselhach (Jun 19, 202416:58 PDT)
Grant Hasselbach, Secretary
4Villiam alexandergillespie (Jun 19, 202410:27 PDT)
Alex Gillespie, Team Member
CITY OF MORR® BAY
��,tra .Yi,c6a�2
Yvonne Kimball, City Manager
Rachael Hendricks, HR/Risk Manager
Emily Conrad nun 20, 202407:17 PDT)
Emily Conrad, Finance Director
City of Morro Bay MBPOA MOU 2024-27 Page 29
ATTACHMENT A
POLICE PAY SCHEDULE
EFFECTIVE DULY 1, 2024
POSITION
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
POLICE OFFICER
39.53
41.50
43.58
45.76
48.05
50.45
POLICE DETECTIVE
41.50
43.58
45.76
48.05
50.45
52.97
POLICE SCHOOL RESOURCE
OFFICER
41.50
43.58
45.76
48.05
50.45
52.97
POLICE SENIOR OFFICER
41.50
43.58
45.76
48.05
50.45
152.97
POLICE SERGEANT
50.67
53.21
155,87
58.66
61.60
64.68
City of Morro Bay MBPOA MOU 2024-27 Page 30
ATTACHMENT B
POLICE PAY SCHEDULE
EFFECTIVE DULY 1, 2025
POSITION
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
POLICE OFFICER
42.29
44.41
46.63
48.96
51.41
53.98
POLICE DETECTIVE
44.41
46.63
48.96
51.41
53.98
56.68
POLICE SCHOOL RESOURCE
OFFICER
44.41
46.63
48.96
51.41
53.98
56.68
POLICE SENIOR OFFICER
144.41
46.63
48.96
51.41
53.98
56.68
POLICE SERGEANT
JS4.22
56.93
59.78
62.77
65.91
69.20
City of Morro Bay MBPOA MOU 2024-27 Page 31
ATTACHMENT C
POLICE PAY SCHEDULE
EFFECTIVE DULY 1, 2026
POSITION
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
POLICE OFFICER
45.25
47.52
49.89
52.39
55.01
57.76
POLICE DETECTIVE
47.52
49.89
52.39
55.01
57.76
60.65
POLICE SCHOOL RESOURCE
OFFICER
47.52
49.89
52.39
55.01
57.76
60.65
POLICE SENIOR OFFICER
14752
49.89
52.39
155001
57.76
60.65
POLICE SERGEANT JS8.02
60.92
63.97
167.16
70.52
174oO5
City of Morro Bay MBPOA MOU 2024-27 Page 32