HomeMy WebLinkAboutReso 31-21 Approving FY 21-22 POA MOU (cjt)RESOLUTION NO. 31-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING THE TENTATIVE AGREEMENT AND THE
SUCCESSOR MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY AND
THE MORRO BAY PEACE OFFICERS' ASSOCIATION FOR THE PERIOD
OF JANUARY 1 2021 THROUGH JUNE 30, 2022
THE CITY COUNCIL
Morro Bay, California
WHEREAS, the City of Morro Bay ("City") has, and continues to, recognize the Morro Bay
P eace Officers' Association ("POA') as the exclusive employee organization representing the City
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 most current Memorandum of Understanding ("MOU") between the City
and the POA ("POA MOU 2018-2020"), which was duly approved by the City Council on
S eptember 11, 2018, was set to expire on June 30, 2020; and
WHEREAS, prior to the June 30, 2020 expiration of the POA MOU, the City and POA
reached an agreement extending the term of the POA MOU 2018-2020 by six months and
implementing a temporary salary reduction in light of the COVID-19 pandemic, and thereafter
jointly prepared and executed an Amendment No. 1 to the POA MOU 2018-2020 ("First
Amendment' ), which was ratified by POA on April 20 2020 and approved by the City' Council by
Resolution No. 38-20 on April 28, 2020, which extended the POA MOU 2018-2020 to December
30, 2020; and
WHEREAS, the City and POA entered into negotiations for a successor MOU covering
the period of January 1, 2021 through June 30, 2022, which includes a five percent (5%) base
salary increase cost of living adjustment for FY 2021-22 and, in recognition of the overall sacrifices
made during the COVID-19 health emergency also includes a potential one-time lump sum
payment contingent upon satisfaction of specified financial terms and conditions; and
WHEREAS, the City's labor relations representatives and POA representatives
successfully met and conferred to negotiate both a tentative agreement and successor MOU
between the parties, pursuant to both the Meyers-Milias-Brown Act ("MMBA") (Government Code
Sections 3500-3511) and the City's Employer -Employee Relations Resolution No. 08-17, and
jointly prepared and executed both the attached Tentative Agreement ("POA MOU 2021-2022
Tentative Agreement') and the successor MOU between the City and POA for the period January
1, 2021 through, and including June 30, 2022 ("POA MOU 2021-2022"), which was ratified by
P OA on June 3, 2021; and
Resolution No. 31-21
Page 2
WHEREAS, both the POA MOU 2021-2022 Tentative Agreement and the POA MOU
2021-2022 are subject to City Council approval, adoption and implementation, which is made a
part hereof by this reference; and
WHEREAS, once approved, adopted and implemented by the City Council, the POA MOU
2021-2022 will become a binding agreement between the City and the POA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MORRO BAY, CALIFORNIA, AS FOLLOWS:
S ection 1. The above recitals are true and correct.
S ection 2. The City Council hereby approves, adopts and implements the POA MOU
2021-2022 Tentative Agreement between the City and the POA for the period of January 1, 2021
through, and including, June 30, 2022, a copy of which is attached hereto as Exhibit A.
S ection 3. The City Council approves, adopts and implements the POA MOU 2021-2022
successor MOU between the City and POA for the period of January 1, 2021 through, and
including, June 30, 2022, a copy of which is attached hereto as Exhibit 2.
S ection 4. The City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
S ection 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 the22' day of June 2021, by the following vote:
AYES. Headding, Addis, Barton, Davis, Heller
NOES* None
ABSENT: None
ABSTAIN: None
JOHN,Dl`IJGayor
ATTEST:
Ofavit,
DAJNA SWANSON, City Clerk
TENTATIVE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE
MORRO BAY PEACE OFFICERS' ASSOCIATION, FOR A SUCCESSOR
MEMORANDUM OF UNDERSTANDING
JUNE 1, 2021
The current Memorandum of Understanding (MOU) between the City of Morro Bay (City) and
the Morro Bay Peace Officers' Association (Association), Resolution No. 70-18, approved
September 11, 2018, covered the period July 1, 2018 through June 30, 2020, was extended to
December 31, 2020, by mutual agreement, memorialized by Resolution No. 3 8-20, approved on
April 28, 2020 (MBPOA MOU 2018-20). The MBPOA MOU 2018-20 has since expired by its
own terms. The Association currently represents 15 City employees, covering the classifications
of Police Officer, Senior Officer, Corporal and Sergeant. Pursuant to the Meyer-Millias-Brown
Act ("MMBA") (Gov't Code Section 3 500 — 3511), the City and the Association have been in
negotiations for a successor MOU since December of 2020 to May 3, 2021.
The City and the Association have reached a Tentative Agreement on the deal terms for a successor
MOU, which is represented by this document. The following deal terms were ratified by the
Association on May 3, 2021, but remain subject to formal approval/adoption by the City Council
per California Government Code Section 3505.1, which provides:
"If a tentative agreement is reached by the authorized representatives of the public
agency and a recognized employee organization or recognized employee
organizations, the governing body shall vote to accept or reject the tentative
agreement within 30 days of the date it is first considered at a duly noticed public
meeting. A decision by the governing body to reject the tentative agreement shall
not bar the filing of a charge of unfair practice for failure to meet and confer in
good faith. If the governing body adopts the tentative agreement, the parties shall
jointly prepare a written memorandum of understanding."
All terms and conditions of the prior MBPOA MOU 2018-20 and Resolution No. 38-20 shall be
maintained unless expressly modified or changed herein or until the successor MOU is jointly
prepared by the parties, ratified by the Association and accepted, approved and adopted by City
Council, which shall then supersede and replace this Tentative Agreement. All items affecting
compensation within the current MBPOA MOU 2018-20 not addressed herein are proposed to
remain unchanged; however, any language that has a sunset will be deemed of no further force and
effect.
01181.0026/714991.1 1
TENTATIVE AGREEMENT DEAL POINTS
Article
Subice
t "
Agreed
U
Upon
Changes-t
ExistmgIVIOULanguage
4,4
ASSOCIATION
BUSINESS
(This
added
regarding
Information
per
AB
is
to
a
119.)
the
new
New
MOU
and
section
Hire
Orientation
to
be
See Attaclunent
A
below.
7
TFRM
shall
through
as
the
otherwise
term
provided
be
from
of
this
30
July
1,
Except
from
term
as
of
January
June
otherwise
this
provided
30,
MOU
1,
2022.
2021,
herein,
shall
}except
specifically
herein,
MOU
2017,
2020.
specifically
the
be
through
June
8
RENEGOTIATIONS
The
commence
for
period
2020,
written
January
negotiation
conunence
March
parties
agreement
contract
contract
applicable
MOU
force
time
reached,
2020,
occurs.
a
parties
successor
as
by
shall
and
whichever
beginning
1,
be
proposals
a
1,
expires
2020,
unable
on
provisions
agree
renegotiations
meetings
no
later
a
MOU
new
the
MOU
Should
until
July
their
with
to
all
first
to
by
current
in
than
reach
to
such
is
for
initial
of
full
1,
30,
the
this
the
Delete
replace
The
commence
a
faith
outlined
Milias-Brown
successor
parties
existing
with:
renegotiations
the
agree
the
MOU
provisions
Act
language
Meyers-
to
in
(MMBA).
good
and
for
serving
before
or
2020
effect
new
by
under
remain
September
11.4
ASSOCIATION
LEAVE
New
Code
section
language
section
3558.8.
3505.3
per
Gov't
and
See Attachment
B
below.
01181.0026/714991.1
2
14.1.1 —
14.1.3
RETIREMENT
14.1.1 For sworn members,
the current contribution
rates are 9% Ca1PERS
Safety for classic members
(Tiers 1 & Tier 2), 11.5%
for new members (Tier 3).
14.1.2 Effective the first full
payroll period after City
Council approval of a
Ca1PERS Contract
Amendment pursuant to
Government Code section
20516 providing for
payment by classic
members (Tier 1 and Tier 2)
of an additional 1 % to
Ca1PERS as cost sharing for
a total classic employee
contribution of 10% and
PEPRA members (Tier 3)
paying the statutorily
mandated employee
contribution rate of one half
of the total normal cost or
13% of the employee cost,
whichever is higher.
14.1.3 Effective the first
full payroll period FY
2019/20 and subject to the
same conditions precedent
being that the CITY meets
the economic thresholds in
subjection E above, and
only after City Council
approval of an additional
Ca1PERS Contract
Amendment pursuant to
Government Code section
20516 providing for
payment by classic
members (Tier 1 & Tier 2)
of another additional 1 % to
Ca1PERS as cost sharmg for
a total classic employee
contribution of 11 % and
Effective Octoberl9, 2019,
Tier 1 and Tiei 2 members of
the MBPOA shall contribute
2% to Ca1PERS 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
01181.0026/714991.1
3
PEPRA
paying
mandated
contribution
of
14%
whichever
the
of
total
the
members
statutorily
employee
normal
employee
is
late
higher.
of
(Tier
cost,
3)
half
or
cost
one
the
15.4
HEALTH
Health
benefits
remain
Health
benefits
remain
BENEFITS
effective
through
June 30,
effective
through
June
30,
2019.
2022.
The
CITY
and
ASSOCIATION
to retain
the
option
to
re -open
the
MOU
to discuss
any
health
provider
rate
changes
effective
January
1, 2022.
16
For
hired
1998,
Sworn
on
CITY
or
UNIT
after
agrees
members
January
pay
1,
•
For
possessing
Intermediate
UNIT
members
the
EDUCATIONAL
to
INCENTIVFS
$140
per
P.O.S.T.
the
City
agrees
Certificate,
to
pay
month....
$230.
•
For
possessing
UNIT
members
the
Advanced
P.O.S.T.
agrees
per
Certificate,
month.
to
pay
the
$230
City
•
For
possessing
Police
Sergeants
the
Supervisory
or
Management
P.O.S.T.
or
determined
equivalent
Certificate,
by
as
the
Police
agrees
pet
month.
Chief,
to
pay
the
$140
City
•
incentive
The
qualifying
members
month.
pay
is
UNIT
$600
for
per
maximum
01181.0026/714991.1
4
18.1,
18.2
SALARIES
and
following•
reflected
including
table).
Delete
18.1
18.2
CITY
Cost
(COLA)
salaries
classifications
ieplace
Current
existing
Living
for
B
in
provide
all
with
salaries
MOLT
the
1,
(see
old
Adjustment
UNIT
the
2021,
to
language
a
MOLT
are
period
the
A.
shall
base
5%
Exhibit
pay
salary
increase
July
updated
Effective
of
Exhibit
18.3
SALARIES
18.3
Payment
In
financial
sacrifices
COVID-19
emergency,
satisfaction
financial
conditions,
proposes
time
$1,000
ASSOCIATION
with
period
December
of
by
who
the
issued
(anticipated
October
A.
General
recognition
the
ASSOCIATION)
FY
lump
the
financial
2021-22
terms
to
CITY
-sum
1,
Fund
and
of
made
sum
all
31,
the
the
employed
2021):
health
contingent
of
overall
members
of
the
payments
CITY
during
and
CITY
the
employed
Lump
following
around
a
through
(duration
and
to
one-
the
when
the
upon
of
Sum
are
the
and
still
by
to
May
provide
2,
to
three
during
2020
2020
be
Revenues
equal
concessions
Sales
is
lump
Total
major
(Property
Tax,
Tax
0118I.0026/714991.1
5
Transient Occupancy Tax)
meet or exceed the combined
Fiscal Year 2020/21
forecasted amount of
S7,757,301 adopted by
Council on June 23 2020.
This figure shall be based on
current tax rates (currently
1% Property Tax, 1.0%
CITY Sales Tax, 10% TOT).
In the event of increased tax
rates, such increased rates
would not count towards
increased revenue receipts
for this purpose. Sales tax
shall exclude any
consideration of Measure Q,
Measure N and Cannabis Tax
that that is collected at any
time during Fiscal Year
2020-21.
B. The CITY does not
become responsible for any
state / federally imposed
unfiinded mandates from any
external source(s) that
require significant
unplanned/un-forecasted
General Fund expenditures)
of more than $125,000 above
the projected use of General
Fund unassigned Reserves
equal to $1,248,000 in the
Adopted FY 2020-21 budget
(page A-11). This shall
include but is not be limited
to significant natural
disaster(s), worsening
financial conditions related
to the COVID-19 pandemic
or a human -made disaster
affecting the CITY. Any
such expenditure(s),
cumulatively totaling
$125,000 in a fiscal year or
01181.0026/714991.1
6
reduction
revenue
this
more,
will
amount
in
be
the
counted
combined
discussed
as
a
in
various
resulting
section
conditions
in
on
no
one-time
which
are
the
based,
lump
awarded
members.
-sum
to
payment
ASSOCIATION
being
23.4
GRIEVANCE
Procedures
shall
be
in
Procedures
be
in
.
shall
PROCEDURE
accordance
with
Resolution
accordance
Resolution
with
amendments
No.
46-74
and
thereto.
any
amendments
No.
07-17
and
thereto.
any
24.2
NO
STRIKE,
statements
can
SLOW
-DOWN
OR
....Doctor's
be
required
in
accordance
....Doctor's
be
required
in
statements
accordance
can
OTHER
with
Resolution
No.
34-83,
with
Resolution
No.
07-17,
INTERRUPTION
Personnel
Rules
&
Personnel
Rules
&
TO
WORK
Regulations,
Section
13.8.4.
Regulations,
Section
108.
Entire
Gender
neutral
(New)
Parties
agree
to
use
MOU
contract
language
neutral
pronouns
and
gender
language
in
preparing
the
successor
MOU.
This Tentative Agreement is dated June 1, 2021 and shall be effective only upon adoption by the
City Council of the City of Morro Bay. Subject to the foregoing, this Tentative Agreement is
hereby executed by the authorized representatives of the City and the Association.
City of Morro Bay
Scott fins,
City Manager
ana Swanson,
City Clerk/HR Mngr.
(xt
Colin J. Tanner, Deputy City
Attorney/Labor Negotiator
01181.0026/714991.1
Mrt
7
Morro Bay Peace Officers' Association
Will Marvos,
President
te,2-1 (eiviAtV%
Stacie Casabian,
Chief Labor Negotiator
Tansc4ueda
Representative
ATTACHMENT A
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 piior to the employee's orientation
unless there is an urgent need that was not seasonably 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 officers, agents, and
employees fiom any and all claims, demands damages, costs, expenses, or liability arising
out of this Section 4.4.
01181.0026/714991.1 8
ATTACHMENT B
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 paiticipating 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;
(c)
and
Testifying or appearing as the designated representative of the ASSOCIATION in
matters before a personnel or merit commission or similar administrative hearing.
11.4.3 Pursuant to Government Code section 3558.8, 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 by this section is in addition to the release time without loss of
01181.0026/714991.1 9
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 IIead at least seven (7) days in advance of
the requested leave of absence. For leave requests of greater than three consecutive days
the ASSOCIATION shall submit their written request at least thirty (30) calendar days in
advance of the iequested leave of absence The written request shall include the purpose,
dates, and duration of the requested leave.
11.4.6 Approval or Denial of Leave — A request for leave of absence may be granted on a fuIl-
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 iequested 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.
01181.0026/714991.1 10
POSITION
MOU EXHIBIT A
POLICE SALARY SCHEDULE
EFFECTIVE 1/1/2021
ANNUAL COMPENSATION RANGE
1 2 3 4 5 6
Sergeant 103,69
Administrative Sergeant $ 81,251 $ 85,314 $ 89,579 $ 94,058 $ 98,761 $ 9
Special Assignments:
Detective
School Resource Officer
Senior Officer
$ 68,410 $ 71,831 $ 75,422 $ 79,193 $ 83,153 $ 87,310
Police Officer $ 65,152 $ 68,410 $ 71,830 $ 75,422 $ 79,193 $ 83,152
01181,0026/714991.1 11
MOU Ii,XHIBIT B
POLICE SALARY SCHEDULE
EFFECTIVE 7/1/2021
ANNUAL COMPENSATION RANGE
POSITION
1 2 3 4 5 6
Sergeant
Administrative Sergeant $ 85,314 $ 89,579 $ 94,058 $ 98,761 $ 103,699 $ 108,884
Special Assignments:
Detective
School Resource Officer
Senior Officer
$ 71,831 $ 75,422 $ 79,193 $ 83,153 $ 87,310 $ 91,676
Police Officer $ 68,410 $ 71,830 $ 75,422 $ 79,193 $ 83,152 $ 87,310
01181.0026/714991.1 12
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MORRO BAY PEACE
OFFICERS ASSOCIATION
AND
THE CITY OF MORRO BAY
JANUARY 1, 2021- JUNE 30, 2022
01181.0026/498023.6 MCH
Table of Contents
ARTICLE 1 - PURPOSE
ARTICLE 2 -
ARTICLE 3 -
ARTICLE 4 -
ARTICLE 5 -
ARTICLE 6 -
ARTICLE 7 —
ARTICLE 8 -
ARTICLE 9 -
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
1
MANAGEMENT 1
RECOGNITION 4
ASSOCIATION BUSINESS 4
AUTHORIZED AGENTS 6
ASSOCIATION DUES AND DEDUCTIONS 6
TERM 7
RENEGOTIATIONS 7
ANTI -DISCRIMINATION 7
• WORK SCHEDULE 7
• VACATION/HOLIDAY LEAVE 8
SICK LEAVE 13
• BEREAVEMENT 13
- RETIREMENT 14
• HEALTH BENEFITS 15
▪ EDUCATIONAL INCENTIVES 16
• UNIFORMS 16
• SALARIES 17
▪ SPECIAL PAY PRACTICES 18
- BULLETIN BOARD 21
▪ PROBATIONARY PERIOD 211
- DRUG AND ALCOHOL TESTING 22
- GRIEVANCE PROCEDURE 22
▪ NO STRIKE SLOW -DOWN OR OTHER IN I'ERRUPTION TO WORK 233
FULL UNDERSTANDING, MODIFICATION WAIVER 23
SEVERABILITY 24
— JOINT DRAFTING 244
— CITY COUNCIL APPROVAL 244
City of' Mono Bay POA MOU Final 2021 - 2022
Page i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY PEACE OFFICERS ASSOCIATION
AND THE CITY OF MORRO BAY
2021 - 2022
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 -malting 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
January 1, 2021, 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, which 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 tearlrs 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 contmues to reserve and
retain solely and exclusively all management rights, regardless of the frequency of use,
including those nghts 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.
City of Morro Bay POA MOU 2021 - 2022 Page 1
2.1.2 To determine the existence, or nonexistence, of facts 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 perfolrnance 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 technology, 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.
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 work force,
assign work to employees of the Police Department, in accordance with
requirements deterimined 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.
City of Morro Bay POA MOU 2021 - 2022 Page 2
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 intea- 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, perfoumance, efficiency personal appearance
standards, code of ethics and 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 above
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.
City of Morro Bay POA MOU
2021 - 2022 Page 3
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
Administrative Sergeant
Senior Officer
Police Officer
The term "employee" or "employees," as used herein, shall refer only to the foregoing
classifications.
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
City of Morro Bay POA MOU 2021 - 2022 Page 4
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
over -time be paid for same.
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
four to use to track said employee infouuation and whether any employee requests that
such information not be disclosed.
The ASSOCIATION shall indemnify and hold haimuless the CITY, its officers, agents,
and employees from any and all claims, demands, damages, costs, expenses, or liability
arising out of this Section 4.4.
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2021 - 2022 Page 5
ARTICLE 5 - AUTHORIZED AGENTS
For the purpose of administering the tetus 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 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 apphcable 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 older 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
m 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.
City of Morro Bay POA MOU 2021 - 2022 Page 6
ARTICLE 7 — TERM
Except as otherwise provided herein, the term of this MOU commences on January 1, 2021, and
expires, and is otherwise fully terminated, on June 30, 2022.
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, m 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 of this article; except for the ` minimum
pay, ' which is now covered under Special Pay Practices. •
10 2 2 Compensatory Time Off
Effective with the ratification of this MOU, Compensatory Time Off (hereinafter
`CTO") shall be earned at the overtime rate of one and 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.
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2021 - 2022 Page 7
10.2.3 Compensatory Time Payoff
Employees may elect a payoff of up to a maximum total of 60 hours pei 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 staffmg, 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.), WILL BE TAKEN
OFF ON AN HOUR FOR HOUR BASIS EQUALING EMPLOYEE ACTUAL TIME OFF,
REGARDLESS OF ACCUMULATION RATES.
11.1 VACATION
11.1.1 The following is a list of vacation annual accrual schedule by years of
employment, effective retroactive to July 1 2016 for those employees still
employed by the CITY upon City Council adoption of this successor MOU:
SERVICE
YEARS
1-2
3-4
5
6-7
8-9
10
11-12
13-14
15 or more
VACATION
ACCRUAL
88 hrs
96 hrs
104 hrs
112hrs
120 hrs
128hrs
136hrs
144 hrs
160 hrs
City of Morro Bay POA MOU 2021 - 2022 Page 8
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 Foul' 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 employee on a pro -rated basis over
twenty-six (26) pay periods per year.
11.1.3 In determining 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 peirnit
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 request, be given an
additional 60 days following reaching the maximum to utilize vacation prior to
ceasing to accrue.
11.1.5 A UNIT employee may exercise an option to convert into cash a maximum of
forty (40) hours of accrued vacation leave each fiscal year, upon 30 days' notice to
payroll. Such conversion shall be computed at the employee's current base hourly
rate, on an hour -per -hour basis.
112 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, Jr. Day
Lincoln's Birthday
Washington's Birthday
January 1
3rd Monday in January
February 12
3' Monday in February
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2021 - 2022 Page 9
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
Day after Christmas
Floating Holiday
Last Monday in May
July 4th
1st Monday in September
November 11th
4th Thursday in November
Friday after Thanksgiving
December 25th
December 26th
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 Chief.
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.
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
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2021 - 2022 Page 10
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 nounal 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 collective 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 the
ASSOCIATION in matters before a personnel or merit commission or similar
administrative hearing.
11.4.3 Pursuant to Government Code section 3558.8, 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.
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2021 - 2022 Page 11
(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 by this section is in
addition to the release time 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 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.
11.4.6 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
City of Morro Bay POA MOU 2021 - 2022 Page 12
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
Schedule
0
.25to8
8.25 to 16
16.25 to 25
over 25
10 Hour
Schedule
0
25to10
10.25 to 20
20.25 to 30
over 30
12 Hour
Schedule
0
.25 to 12
12.25 to 24
24.25 to 36
over 36
Maximum Conversion
To Vacation Leave
48 hours
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 compensablet 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,
m 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 of 12 hours per day Any necessary extra time shall be
City of Mono Bay POA MOU
2021 - 2022 Page 13
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 - RETIREMENT
14.1 It is the employee's obligation to contribute the employee's contribution to Ca1PFRS. 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 Ca1PERS 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.
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 Ca1PERS or the state legislature
14.3 Parties agree that CITY payment of Ca1PERS contributions are made based upon tax
treatment currently permitted by the State Fianchise 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 Ca1PERS 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 Ca1PERS Safety employees in this UNIT with a retirement benefit program
through the California Public Employees Retirement System (Ca1PERS) as follows:
14.5.1 3% @ 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
City of Morro Bay POA MOU
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Employees Pension Refonn Act of 2013 (PEPRA), the CITY will provide the following
Ca1PERS fouuula and optional benefits:
14.6.1 3% @ 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% @ 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)
14.7.6 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)
ARTICLE 15 - HEALTH BENEFITS
15.1 HEALTH INSURANCE
15.1.1 Effective July 1, 2018, UNIT employees shall receive a cafeteria plan contribution,
including the amount required by CaiPERS, as follows:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1 —up to $1,135/month or cost of insurance, whichever is less
Employee + family - up to $1,460/month or cost of insurance, whichever is less
15.2 DENTAL AND VISION INSURANCE:
15.2.1 During the teiui of this MOU, the CITY shall offer dental, life and vision
insurance, and each employee shall be required to carry both dental life and vision
insurance for self Life Insurance is provided at $50,000 per employee. The
following rates are effective January 1, 2018:
City of Morro Bay POA MOU
2021 - 2022 Page 15
Employee only
Employee + 1
Employee + 2+
Vision
$ 8.73
$ 16.40
$ 23.34
Dental
$ 55.03
$152.27
$152.27
Life
$8.15
$8.15
$8.15
Totals
$ 71.91
$ 176.82
$ 183.76
City pays
$ 68.98
$ 165.07
$ 171.55
CITY will pay the remaining premium for dental, life and vision.
EE pays
$ 293
$11 75
$12 21
15.3 Any coverage made available to future retirees, beyond COBRA time requirements, shall
be paid for by the retiree.
15.4 CITY contributions pursuant to this Article 15.0 shall remain effective through June 30,
2022. The CITY and ASSOCIATION agree herewith to retain the option to re -open
collective bargaining, with respect to this Article 15, to discuss any health provider rate
changes effective January 1, 2022.
ARTICLE 16 - EDUCATIONAL INCENTIVES
16.1 P.O.S.T. CERTIFICATES
16.1.1 For UNIT members possessing the Intermediate P.O.S.T. Certificate, CITY agrees
to pay $230.00 per month.
16.1.2 For UNIT members possessing the Advanced P.O.S.T. Certificate, CITY agrees to
pay $230.00 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
$140 00 per month
16.1.4 The maximum incentive pay for qualifying UNIT members is $600 per month.
ARTICLE 17 - UNIFORMS
17.1 Uniforms for employees shall be as set forth in Morro Bay Police Department Policy
Manual Section 1046, Uniform and Equipment Regulations and Specifications.
17.2 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.
17.3 The following uniform articles are covered by the unifon n allowance and must meet the
department uniform standards:
a.
b.
c.
Uniform pants
Unifoini shirts - long and short sleeves
Dress belt
City of Morro Bay POA MOU 2021 - 2022 Page 16
d Ties
e. Duty jacket
f. Uniform patches
17.4 All maintenance, tailoring and other alterations will be at the employee's expense.
17.5 All optional equipment will be the responsibility of the employee.
17.6 All safety equipment originally issued and replaced by the department remains the
Department's property.
17.7 The annual uniform allowance will be as follows:
Sworn officers: $ 1,150
17.8 The CITY agrees to repair or replace any personal article damaged while on duty,
including unifoitn items as listed above, providing that such article is a reasonable and
necessary part of the employee's attire.
ARTICLE 18 — SALARIES
18.1 Current salaries effective January 1, 2021 are reflected in Exhibit A hereto.
18.2 Effective the pay period including July 1, 2021, the CITY shall provide a 5% cost of
living adjustment ("COLA") increase to base salaries for all UNIT classifications in the
amount of five percent (5%), as shown in Exhibit B.
18.3 Lump Sum Payment Year Two. In recognition of the financial and overall sacrifices made
during the COVID-19 health emergency, contingent upon satisfaction of the following
financial tetras and conditions, the CITY will provide a one-time lump sum equal to
$1,000 to all Unit members employed with the CITY during the period May 2 2020
through December 31, 2020 (duration of the financial concessions by ASSOCIATION)
and who are still employed when the lump -sum payments are issued by the CITY
(anticipated to be around October 1, 2021)
A. Total of three major General Fund Revenues (Property Tax, Sales Tax and
Transient Occupancy Tax) meet or exceed the combined Fiscal Year 2020/21
forecasted amount of $7,757,301 adopted by Council on June 23, 2020. This figure
shall be based on current tax rates (currently 1% Property Tax, 1.0% CITY Sales
Tax, 10% TOT). In the event of increased tax rates, such increased rates would
not count towards increased revenue receipts for this purpose. Sales tax shall
exclude any consideration of Measure Q, Measure E and Cannabis Tax that that is
collected at any time during Fiscal Year 2020-21.
B. The CITY does not become responsible for any state / federally imposed unfunded
mandates from any external source(s) that require significant unplanned/un-
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2021 - 2022 Page 17
forecasted General Fund expenditure(s) of more than $125,000 above the projected
use of General Fund unassigned Reserves equal to $1,248,000 in the Adopted FY
2020-21 budget (page A-11). This shall include but is not limited to significant
natural disaster(s), worsening financial conditions related to the COVID-19
pandemic or a human -made disaster affecting the CITY. Any such expenditure(s),
cumulatively totaling $125,000 in a fiscal year or more, will be counted as a
reduction in the combined revenue amount discussed in this section on which the
various conditions are based, resulting in no one-time lump -sum payment being
awarded to UNIT members.
ARTICLE 19 - SPECIAL PAY PRACTICES
19.1 STANDBY
19.1.1 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;
2. Be 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."
19.1.2 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.
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
19.1.3 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
City of Morro Bay POA MOU 2021 - 2022 Page 18
19 2 CALL BACK
19.2.1 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.
19.2.2 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.
19.2.3 An employee shall not receive standby pay for the same hours they received
callback pay.
19.3 OUT OF CLASS ASSIGNMENT
19.3.1 The teiui "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.
19.3.2 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 (l6th)
workday within a calendar month of the out -of -class assignment
19.3.3 An employee on an acting appointment shall receive a one (1) step increase within
the employee's current classification salary as 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.
19.4 BILINGUAL PAY
Qualified employees who possess the necessary ability and who are assigned to perform
services as an interpreter m Spanish, shall be eligible for additional stipend depending
upon the employee's level of bilingual expertise Qualifications shall be determined by
the CITY.
19.5.1 For those employees who conduct conversational assistance in Spanish on a
regular basis, seventy-five dollars ($75) per month stipend is available
City of Morro Bay POA MOU
2021 - 2022 Page 19
19.5.2 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.
19.5 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.
19.6 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 retirement, etc.), the Corporal classification revert to assignments of
Senior Officers as provided above.
No individual may be concurrently assigned as both a Senior Officer and Detective.
19.7 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 teirus 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
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19.7.1 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 perfoiivance 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.
19.8 NIGHT SHIFT DIFFERENTIAL
Sworn employees in this UNIT will receive 2.5% of base hourly pay for each hour worked
between the hours of 7:00 p.m. and 7:00 a.m.
19.9 CANINE CARE PAY
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 20 - BULLETIN BOARD
20.1 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
20.2 ASSOCIATION agrees it shall not use bulletin boards to ridicule, defame, or harass any
CITY employees, officer or agent.
ARTICLE 21 - PROBATIONARY PERIOD
The probationary period for new officers and lateral hires shall be 12 months.
City of Morro Bay POA MOU
2021 - 2022 Page 21
ARTICLE 22 - 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.
ARTICLE 23 - GRIEVANCE PROCEDURE
23.1 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 a grievance, but by so agreeing does not imply that the
processing or investigation of a grievance shall take priority over normal functions of the
department.
CITY further 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 peuurtted 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 infonin him/her of the nature of their
business. CITY shall grant such permission promptly unless such 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.
23.2 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 POA MOU
2021 - 2022 Page 22
23.3 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.
23.4 PROCEDURE
Procedures shall be in accordance with Resolution No. 07-17 and any amendments
thereto.
ARTICLE 24 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK
24.1 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.
24.2 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 10B.
ARTICLE 25 - FULL UNDERSTANDING, MODIFICATION, WAIVER
25.1 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.
25 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
25.3 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.
25.4 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 terns and provisions.
City of Morro Bay POA MOU
2021 - 2022 Page 23
ARTICLE 26 - SEVERABILITY
If any provision(s) 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 27 - JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any legal
construction or interpretation to be made of this MOU, the same shall not be construed against
any ply.
ARTICLE 28 - 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 teens 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
detenrnmation and approval by resolution, as the City Council may deem fit and proper. This
MOU is of no force or effect unless or until approved and adopted by a resolution of the City
Council.
[SIGNATURES ON NEXT PAGE]
City of Morro Bay POA MOU
2021 - 2022 Page 24
MORRO BAY PEACE OFFICERS' ASSN. CITY OF MORRO BAY
William Marvos, President
na, A st
_e
tacie Casabian, Cll�ef ,abor Negotiator
•
teda,
mpl
ee Representative
City of Morro Bay POA MOU
•
Sco o "'s, City Manager
6:11/
ra4tit_ei
Colin Tanner,abor Negotiator
1
At1/2160Y
na Swanson, City Clerk/ FIR Manager
Laurie Goforth, Human Rurces Analyst II
•
Fina12021 - 2022 Page 25
POSITION
Sergeant
Administrative Sergeant
Special Assignments:
Detective
School Resource Officer
Senior Officer
Police Officer
ATTACHMENT A
POLICE SALARY SCHEDULE
EFFECTIVE 1/1/2021
ANNUAL COMPENSATION RANGE
1 2 3 4
5
6
$ 81,251 $ 85,314 $ 89,579 $ 94,058 $ 98,761 $ 103,699
$ 68,410 $ 71,831 $ 75,422 $ 79,193 $ 83,153 $ 87,310
$ 65,152 $ 68,410 $ 71,830 $ 75,422 $ 79,193 $ 83,152
City of Morro Bay POA MOU 2021 - 2022
Page 26
ATTACHMENT B
POLICE SALARY SCHEDULE
EFFECTIVE 7/1/2021
ANNUAL COMPENSATION RANGE
POSITION
Sergeant
Administrative Sergeant
Special Assignments:
Detective
School Resource Officer
Senior Officer
Police Officer
1 2
3
4
5
6
$ 85,314 $ 89,579 $ 94,058 $ 98,761 $ 103,699 $ 108,884
$ 71,831 $ 75,422 $ 79,193 $ 83,153 $ 87,310 $ 91,676
$ 68,410 $ 71,830 $ 75,422 $ 79,193 $ 83,152 $ 87,310
City of Morro Bay POA MOU
2021 - 2022
Page 27