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HomeMy WebLinkAboutRES-25-7515 (MOU POLICE OFFICERS ASSOCIATION) Page 1 of 2 RES-25-7515 CITY OF HERMOSA BEACH RESOLUTION NO. RES-25-7515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS’ ASSOCIATION WHEREAS, employees of the City of Hermosa Beach, California, represented by the Hermosa Beach Police Officers’ Association, have elected to meet and confer with the City of Hermosa Beach on matters concerning wages, hours, and working conditions; and, WHEREAS, the above bargaining unit has selected certain individuals to represent them; and, WHEREAS, Hermosa Beach Police Officers’ Association and City of Hermosa Beach Chief Labor Negotiator have jointly negotiated changes to the Memorandum of Understanding which has been ratified by a majority vote of the members of the Hermosa Beach Police Officers’ Association; and, WHEREAS, the Hermosa Beach Police Officers’ Association and City of Hermosa Beach Chief Labor Negotiator have mutually agreed to recommend that the City Council adopt these changes to the Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Hermosa Beach resolves to enter into a Memorandum of Understanding with the Hermosa Beach Police Officers’ Association, to be effective for the period July 1, 2025, through and including June 30, 2028, and authorizes the City’s Chief Negotiator to sign the Memorandum of Understanding on behalf of the City. SECTION 2. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C Page 2 of 2 RES-25-7515 PASSED, APPROVED, and ADOPTED on this 26th day of August 2025. Mayor Rob Saemann PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA. ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Todd Leishman City Clerk Interim City Attorney Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF HERMOSA BEACH AND HERMOSA BEACH POLICE OFFICERS’ ASSOCIATION JULY 1, 2025- JUNE 30, 2028 Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C i TABLE OF CONTENTS ARTICLE 1 — PARTIES TO THE MEMORANDUM .......................................................... 1 ARTICLE 2 — RECOGNITION .......................................................................................... 1 ARTICLE 3 — SCOPE & IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING ................................................................................................. 1 ARTICLE 4 — MONTHLY MEETINGS .............................................................................. 1 ARTICLE 5 — JOB ACTION ............................................................................................. 2 ARTICLE 6 — NON-DISCRIMINATION ............................................................................ 2 ARTICLE 7 — MANAGEMENT RIGHTS ........................................................................... 2 ARTICLE 8 — PROVISIONS OF LAW — INSEPARABILITY ........................................... 4 ARTICLE 9 — FULL UNDERSTANDING, MODIFICATION, WAIVER ............................. 4 ARTICLE 10 — GRIEVANCE PROCEDURE .................................................................... 4 ARTICLE 11 — WORK SCHEDULE ................................................................................. 4 ARTICLE 12 — COMPENSATION - METHODS OF COMPENSATION ........................... 5 ARTICLE 13 — BASE SALARY ........................................................................................ 6 ARTICLE 14 — OVERTIME PRACTICES ......................................................................... 6 ARTICLE 15 — INSURANCE COVERAGE ....................................................................... 9 ARTICLE 16 — DEFERRED COMPENSATION ............................................................. 11 ARTICLE 17 — RETIREMENT ........................................................................................ 11 ARTICLE 18 — LEAVE OF ABSENCE ........................................................................... 14 ARTICLE 19 — VACATION ............................................................................................. 14 ARTICLE 20 — HOLIDAYS ............................................................................................. 15 ARTICLE 21 — SICK LEAVE ........................................................................................ 155 ARTICLE 22 — BEREAVEMENT LEAVE ..................................................................... 166 ARTICLE 23 — JURY DUTY ........................................................................................... 16 ARTICLE 24 — LONGEVITY PAY .................................................................................. 17 ARTICLE 25 – EDUCATION ALLOWANCE ................................................................... 17 ARTICLE 26 — PEACE OFFICER STANDARD AND TRAINING (POST) CERTIFICATE PAY & MAINTENANCE OF BENEFITS ....................................... 17 ARTICLE 27 — UNIFORM ALLOWANCE ...................................................................... 17 ARTICLE 28 — AMMUNITION REPLACEMENT ............................................................ 18 ARTICLE 29 — SPECIALTY ASSIGNMENT PREMIUMS, ACTING PAY ...................... 18 ARTICLE 30 — PHYSICAL FITNESS TIME .................................................................... 20 ARTICLE 31 – YEARLY SHIFT CHANGES .................................................................... 20 Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C ii ARTICLE 32 — OVERTIME ASSIGNMENTS ................................................................. 22 ARTICLE 33 — SHIFT COVERAGE ............................................................................... 22 ARTICLE 34 — WATCH COMMANDER SELECTION ................................................... 23 ARTICLE 35 – PERFORMANCE REVIEW ...................................................................... 23 ARTICLE 36 — DISCIPLINARY ACTIONS ..................................................................... 23 ARTICLE 37 — LAYOFF ................................................................................................. 24 ARTICLE 38 — ASSOCIATION DIRECTORS TIME ....................................................... 24 ARTICLE 39 — CITY/POA DISCUSSION OPPORTUNITY ............................................ 24 ARTICLE 40 — REOPENER CLAUSE FOR ARTICLE 36 AND EXHIBIT A TO THE MOU .............................................................................................................. 24 ARTICLE 41 — BILINGUAL PAY ................................................................................... 25 ARTICLE 42 — DURATION OF CONTRACT ................................................................. 25 Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 1 MEMORANDUM OF UNDERSTANDING FOR THE HERMOSA BEACH POLICE OFFICERS’ ASSOCIATION ARTICLE 1 — PARTIES TO THE MEMORANDUM This Memorandum of Understanding, hereinafter referred to as the "MOU" or the "Agreement," has been entered into, pursuant to the laws of the State of California and the City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH, hereinafter referred to as the "City" or as "Management," and the HERMOSA BEACH POLICE OFFICERS ASSOCIATION, hereinafter referred to as the "Association." ARTICLE 2 — RECOGNITION Pursuant to the provisions of the Meyers-Milias-Brown Act, (Government Code 3500, et seq.), the City agrees to, and does, recognize the Hermosa Beach Police Officers Association as the exclusive representative of the full-time positions in the classifications of POLICE OFFICER AND POLICE SERGEANT of the City of Hermosa Beach. ARTICLE 3 — SCOPE & IMPLEMENTATI ON OF THE MEMORANDUM OF UNDERSTANDING A. This Memorandum of Understanding (MOU) constitutes the joint recommendation of Management and the Association. It shall not be binding in whole or in part upon the parties unless and until the following conditions have been complied with: 1. The Association shall notify the City Council in writing that it has formally approved the Memorandum of Understanding in its entirety. 2. The City Council shall approve this Memorandum of Understanding. 3. This MOU has been reached following good-faith negotiations, by the authorized Management representative of the City Council and the authorized representative for the Hermosa Beach Police Officers Association. ARTICLE 4 — MONTHLY MEETINGS A. In the interest of fostering and continuing a spirit and atmosphere of harmonious employer-employee relationships, it is agreed that the Association Board of Directors shall meet once a month, or as designated by both parties, at a designated time and place with the Chief of Police or designee of the Department. There shall be no less than two (2) Board members present for each such meeting. B. It is further agreed that the Association and the City Manager shall meet when requested by the Association to best effect implementation of this document. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 2 ARTICLE 5 — JOB ACTION A. The Association and its members agree that during the term of this MOU there shall be no strike. B. In the event of an unauthorized strike, the City agrees that there will be no liability on the part of the Association provided the Association promptly and pu blicly disavows such unauthorized action; orders the employees to return to work and attempts to bring about a prompt resumption of normal operations; and provided further, that the Association notifies the City in writing, within 48 hours after the commencement of such strike, what measures it has taken to comply with the provisions of this strike. C. In the event such strike by the Association has not affected resumption of normal work practices, the City shall have the right to take appropriate disciplinary action. ARTICLE 6 — NON -DISCRIMINATION Both parties to this Agreement agree not to discriminate against any employee or applicant because of hair texture and protective hairstyles (such as braids, locks, and twists), color, religious creed (including religious dress and religious grooming practices), national origin, ancestry, citizenship status, age (40 years and older), sex (including pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity and expression (including transgender identity and expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning (or is perceived to be transitioning), sexual orientation, sex stereotyping, marital status, domestic partner status, military service and veteran status, physical and/or mental disability (including HIV and AIDS), legally protected medical condition or information (including genetic information), protected medical leaves (requesting or approved), status as a victim of domestic violence, sexual assault, or stalking, enrollment in a public assistance program, their intersectionality of protected characteristics, Association Membership or activity or any other basis protected by local, state, or federal laws. political affiliation, race, religion, color, sex, age, marital status, national origin, or handicap, and with proper regard for their privacy and constitutional rights as citizens. Additionally, the City expects and requires all Employees to treat one another with dignity and respect. Harassment of fellow Employees is a violation of law. No employment decision may be made based upon an Employee’s submission to or rejection of such conduct. It is the responsibility of any Employee who believes that they are the victim of such harassment to report the conduct to the supervisor, Department Director, Human Resources /Manager or the City Manager in a timely manner. ARTICLE 7 — MANAGEMENT RIGHTS 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in policy and procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 3 6. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used herein. 9. Determine processes, techniques, methods and means of performing work. 10. Determine the size, character and use of inventories. 11. Determine the financial policy including accounting procedures. 12. Determine the administrative organization of the system. 13. Determine the size and characteristics of the work force. 14. Determine the allocation and assignment of work to employees. 15. Determine selection, promotion, or transfer of employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods. 21. Establish, modify, eliminate or enforce policies and procedures. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which such operations are to be conducted. 25. Require employees, where necessary, to attend in-service training. 26. Determine duties to be included in any job classifications. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any necessary action to carry out the mission of the City in cases of an emergency. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 4 The exercise of the foregoing powers, rights authority, duties and responsibilities by the City, the adoption of policies and procedures in furtherance thereof, and the use of judgment and the discretion in connection therewith, shall be limited only by the specific and express terms of this Memorandum of Understanding, City Personnel Ordinance and Personnel Rules and Regulations, the Public Safety Officers Procedural Bill of Rights, and other statutory law. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of man agement's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights unless the matter of the exe rcise of such rights is provided for in this Memorandum of Understanding. ARTICLE 8 — PROVISIONS OF LAW — INSEPARABILITY It is mutually understood that this MOU is, and shall be, subject to all current and future applicable state, federal and local laws. If any article, part, provision or segment of this MOU is, or shall be, in conflict with or inconsistent with such applicable provisions of federal, state or local law, or is otherwise held to be invalid, or unenforceable by any court of competent jurisdiction by final decree, such article, part or provision thereof shall be superseded by such applicable law and the remainder of this MOU shall in no way be affected thereby. ARTICLE 9 — FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is intended that this Agreement 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. B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any sub ject or matter covered herein during the term of this agreement. C. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. D. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its term s and provisions. ARTICLE 10 — GRIEVANCE PROCEDURE The Grievance Procedure is attached as Exhibit A and incorporated herein by reference. ARTICLE 11 — WORK SCHEDULE Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 5 A. The City agrees to the utilization of the 3/36 plan for all Officers and Sergeants assigned to patrol, traffic and K-9. There will be no payback days during the months of approximately December through May. There will be payback days during the months of approximately June through November. Effective beginning January 1, 2026, Sergeants and Officers shall work eight (8) payback days, at the rate of two payback days per quarterly deployment, to be assigned by the Division Commander. B. . The Sergeants and Officers assigned to investigations and administrative positions will work a 4/36 schedule (four nine-hour days/week) during the months of December through May and a 4/40 schedule (four ten -hour days/week) during the months of June through November. Effective beginning January 1, 2026, these employees shall work a year-round schedule of 4/9.5, consisting of four consecutive work days of 9.5 consecutive hours each, inclusive of paid meal periods and breaks. C. In the event of an emergency situation, the City may cancel, alter or amend the work schedule as necessary, immediately. It is mutually agreed that for the reduction in hours expressed in "A" and "B" above, the City, for market salary comparison purposes only, shall increase base salary 5% as a credit. ARTICLE 12 — COMPENSATION - METHODS OF COMPENSAT ION A. Methods of Compensation: 1. Compensation shall be determined on an hourly basis. 2. Payments due shall be paid on a bimonthly basis unless otherwise mutually agreed. By mutual consent early payments and other modifications can be made. Upon agreement of other bargaining units in the City, payme nts due shall be paid on a biweekly basis, with 26 biweekly pay periods each year. 3. Base hourly salary shall be considered the rate of pay for a particular classification without consideration of any other form of compensation. B. Salary Advancements within Base Pay Range: 1. Step Advancement: a. All salary step advances shall be based on merit and fitness. Eligibility for a step advancement requires that the employee have earned an overall rating of “4” Meets Expectations or higher on the employee’s annual Performance Evaluation. All increases shall be recommended by the Department Head and approved by the Personnel Director/City Manager. Merit increases shall be effective at the beginning of the next pay period (1st or 16th of the month). b. Subject to paragraph a. above, upon the successful and satisfactory completion of twelve (12) months service (exclusive of police recruit status), employees are eligible to be advanced one step within their Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 6 range and yearly thereafter until the maximum within the range achieved. 2. Promotion a. An employee who is promoted to a position in a class with a higher salary rate shall be entitled to the lowest step in the higher range, which exceeds the present rate of pay with the intent of increasing the base salary rate by at least 5%. ARTICLE 13 — BASE SALARY A. Effective July 1, 2025 in response to the results of a Salary Survey, , the City shall provide a market equity adjustment of 8% for Police Officers and Police Sergeants, and a base salary table increase of 3.0%, for a total increase of 11%. The retroactive adjustment will be made for employees who are currently employed with the City as of the date the City Council approves the Agreement. See Exhibit C for salary table effective July 1, 2025. B. Effective July, 1, 2026, the base salary schedule will be increased by 3,0% for Police Officers and Police Sergeants. See Exhibit C for salary table effective July 1, 2026. C. Effective July, 1, 2027, the base salary schedule will be increased by 3.0% for Police Officers and Police Sergeants. See Exhibit C for salary table effective July 1, 2027. ARTICLE 14 — OVERTIME PRACTICES A. 7K Exemption The City of Hermosa Beach has exercised its ability to take a statutory 7K exemption for sworn police personnel. The work period for such employees shall be 28 days in length commencing on Sunday, May 22, 1988, at 12:01 A.M. B. F.L.S.A. Overtime All employees required to perform in excess of the standard work shift, or at times other than their regularly scheduled work shift, shall receive compensation at the rate of time and one-half their regular rate of pay. The regular rate of pay shall include the following components in addition to base salary. 1. Educational incentive 2. Assignment Pay 3. Longevity Pay C. Paid Leave Exclusions Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 7 In determining an employee's eligibility for overtime compensation in a workday, paid leaves of absence and unpaid leaves of absence shall be excluded from the total hours worked. For this purpose, paid leaves of absences include, but are not limited to the following: 1. Vacation 2. Holiday Leave 3. Sick Leave 4. Compensatory Leave 5. 4850 Time 6. Jury Duty 7. Military Leave D. Compensatory Time 1. In lieu of receiving cash payment for overtime hours, an employee may elect the option of accruing compensatory time off (CTO). 2. Employees will accrue 1.5 hours of CTO for each overtime hour worked. 3. Employees may accrue compensatory time and may cash out all or part of such accrued time at any time, subject to the budgetary constraints of the department, provided, however, any compensatory time balance in excess of 175 hours as of December 31st, shall automatically be cashed out at the employee’s regular rate of pay in the second payroll period in February. E. Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. F. Shift Trades 1. The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increase as a result of the trade; nor shall the employee receiving the trade have their compensable hours decreased as a result of the trade. Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal workday will be credited to the individual actually doing work. "Paybacks" of shift trade are the obligation of the two employees Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 8 involved in the trade. Paybacks are to be completed within one calendar year of the date of the initial shift trade. Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks" shall be maintained using the designated scheduling software. 2. If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to disciplinary action. G. Early Relief Policy The practice of early shift release shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increase as a result of the early relief, nor shall the employee relieved early have their compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. H. Training Time Attendance at training school/facilities, which improves the performance of regular tasks and/ or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work. I. City Vehicle Use Except as otherwise herein provided, employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored. J. City Motorcycle Use Employees assigned to motor duty may, with the approval of the Police Chief, use the city assigned motorcycle to travel to and from work. Such travel time will not be compensated in any manner whatsoever (even when the employee is required to leave the radio on and monitor the radio.) Any maintenance the employee performs on the motorcycle while away from the police facility will not be consi dered hours worked and will not be compensated in any manner whatsoever. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 9 K. Clothes Changing Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Employees are provided with a locker for their personal convenience. Any employee may or may not utilize the locker for storage and changing purposes at their own discretion. Nothing herein prevents an employee from wearing their uniform to and/or from their residence to work as long as the badge and insignia are covered in a non-police issued garment such as a windbreaker. Employees choosing to wear their uniforms covered to and/or from work should not wear their "Sam Browne" belt. Time spent in changing clothes before or after shift, is not considered hours worked and is not compensable in any manner whatsoever. L. Call Backs Call Back duty occurs when an employee is ordered to return to duty on a non - regularly scheduled work shift. Call back does not occur when an employee is held over from their prior shift or is working prior to their regularly scheduled shift. An employee called back to duty shall be credited with a minimum of four hours work commencing when the employee reports to work. Any hours worked in excess of four hours shall be credited on an hour-for-hour basis for actual time worked. This provision is to be distinguished from Court pay, which is to be used when an employee is called back to court. M. Court Time 1. When an officer is physically called to court, they shall be credited on an hour-for-hour basis for the time actually spent in court, with a minimum four (4) hours. All court time shall be paid at time and one -half the employee’s regular rate of pay. Travel time shall be included for any subpoenaed appearance other than to the Torrance Courthouse. 2. An officer who is subpoenaed to testify telephonically shall receive a minimum two (2) hours paid at time and a half for a morning appearance and a minimum of (2) hours paid at time and half for an afternoon appearance. N. Standby Court Time An employee who while off duty is on court standby status may leave a telephone number where they may be reached while on court standby. Such time is not considered hours worked under the Fair Labor Standards Act. The employee will receive straight time pay, up to a maximum of 8.5 hours per day, for standby during the pendency of the case. ARTICLE 15 — INSURANCE COVERAGE Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 10 A. The City agrees to establish and maintain a Cafeteria Plan in accordance with the provisions of Section 125 of the Internal Revenue Code. The purpose of the Plan is to allow eligible employees to elect to pay for qualified benefits on a pre -tax basis, to the extent permitted by law. The Cafeteria Plan shall permit pre-tax deductions for the following qualified benefits, subject to IRS regulations and plan design: 1. Health insurance premiums (including medical, dental, and vision coverage). 2. Health Flexible Spending Accounts (FSA). 3. Dependent Care Assistance Plans (DCAP). 4. Any other qualified benefit permitted under Section 125 and approved by the City. B. Life Insurance City shall provide a life insurance policy for each employee, payable in the amount of $150,000 upon such employee's death. C. Mental Health City shall make such a plan available to City employees; the full cost to be paid by the employee. D. Vision Insurance City shall make such a plan available to City employees; the full cost to be paid by the employee. E. Medical Health Insurance The City will provide employees a choice of a Preferred Provider Option (PPO) or a Health Maintenance Organization (HMO), both of which will include prescription coverage. The City’s maximum monthly premium contribution toward medical insurance for each employee’s selected plan and level of coverage will be $1,931.04 (family rate in effect for the 2015 policy year). Employees choosing a medical insurance plan and/or coverage level with a monthly premium that exceeds the City’s maximum contribution shall pay the difference by payroll deduction. The current medical plan or its equivalent, to remain in force during the term of this MOU. City shall meet and consult should there be a change in providers or plan structure. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 11 The HMO plan shall have no greater than a $20.00 office visit and prescription co - pay during the term of this Agreement. The parties agree to reopen negotiations concerning an increase to the City’s medical insurance contribution should the medical insurance premium for the lowest cost family HMO plan exceed the City contribution. F. Dental Insurance 1. City shall provide for Association members a dental insurance plan to include a choice of an indemnity plan or a pre-paid plan. 2. For the benefit years beginning January 1, 2018 and later, the City’s maximum monthly premium contribution toward dental insurance for each employee’s selected plan and level of coverage will be $226.30. Employees choosing a dental insurance plan and/or coverage level with a monthly premium that exceeds the City’s maximum contribution shall pay the difference by payroll deduction. G. Long Term Disability Employees are provided with long term disability insurance coverage through the association. ARTICLE 16 — DEFERRED COMPENSATIO N A. City agrees to make available to all employees in the Unit the citywide Deferred Compensation Plan. All participants being then eligible to vote on decisions of the Deferred Compensation Committee. Members of the Association may participate in any of the Deferred Compensation plans provided for City employees. B. Effective beginning July 1, 2025, City shall make a monthly contribution on behalf of each unit employee in the amount of $50 to the employees’ deferred compensation account. ARTICLE 17 — RETIREMENT A. This paragraph A is subject to the provisions in paragraph B, below. Tier I. The City provides the PERS 3% at 50 Plan with one year final compensation to employees hired prior to July 1, 2011. Tier Il. For employees hired on or after July 1, 2011, the PERS retirement benefit formula shall be PERS 2% © 50. July 1, 2011 was the effective adoption date of the new contract with PERS. Other retirement benefits for employees hired on or after this adoption date will remain the same as employees hired prior to this effective date, including Section 20042, One Year Final Compensation and Sections 21624, 21626, and 21628, Post-Retirement Survivor Allowance. Effective the first payroll period commencing on or after City Council adoption of the 2012-2015 MOU, unit members employed prior to January 1, 2013, shall Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 12 personally fund 3% of compensation earnable as and for the individual member’s normal employee PERS contribution. Effective the first payroll period commencing on or after July 1, 2013, all of the above unit members shall personally fund 6% of compensation earnable as and for the individual member’s normal employee PERS contribution. Effective the first payroll period commencing on or after July 1, 2014, all of the above unit members shall personally fund 9% of compensation earnable as and for the individual member’s normal employee PERS contribution. The City shall adopt the necessary resolution so that such payments made by employees may be excluded from taxable income pursuant to section 414(h) (2) of the U.S. Internal Revenue Code. Whether as authorized by Government Code § 20692, 20636(c)(4) or any other statutory or other legal basis, the City shall not report to PERS as any type of compensation, any portion of the normal employee PERS contributions required by PERS. B. AB 340 (signed by the Governor on 09/07/12 and effective January 1, 2013,) shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of the 2012-15 MOU, as described below. Any provision in the 2012-15 MOU which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB 340 shall be deemed to impair any provision of the 2012-15 MOU or any MOU, Agreement, Rule or Regulation predating the 2012-15 MOU. Unit members who are “new members” as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30) Unit members who are “new members” as defined in the above AB 340, shall be enrolled in the AB 340 provided for SAFETY OPTION PLAN TWO (2.7% at 57) (Government Code section 7522.25(e), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable comp ensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).) C. Retiree Medical Tier I. Retiree medical insurance stipends provided to employees who retired prior to July 1, 2003 shall remain at existing amounts. Tier II. Employees covered by this agreement who retire from the City of Hermosa Beach after July 1, 2003 and were hired before July 1, 2017, will be eligible for the following medical insurance benefits: Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 13 1. The City will pay an amount up to the lowest cost employee only HMO premium available through the City's medical insurance provider for employees who complete a minimum of twenty (20) years total full -time sworn police service with the City, regardless of the employee's age at the time of separation from city service. 2. For retirement at age fifty-five (55) with a minimum of fifteen (15) years total full-time service with the City, the City will pay an amount up to the lowest cost employee only HMO rate available through the City's medical insurance provider. 3. Said benefit provided under Sections 1 and 2 above, shall commence with the first month following the employee's approved retirement date by Cal PERS. 4. In order to be eligible for medical supplement payments, an employee must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self-procured medical insurance plan. 5. Any payments made by the City shall normally be made directly to a medical insurance provider. However, other payment arrangements may be considered. 6. Any employee receiving a benefit under this article agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid, etc.) for which they may become eligible unless such Federal and/or State medical insurance plan or equi valent no longer exists. 7. Upon enrollment in Medicare, the City agrees to pay the premium for purchasing coverage equivalent to the benefits provided under the existing Medicare "Part B" program. 8. For employees not eligible for Medicare benefits, who were employed prior to the City's participation in the Medicare program, the City will continue retiree medical insurance benefits the employee is eligible for under section 1 or 2 of Tier Two benefits above. Tier III. Employees covered by this agreement who are hired on or after July 1, 2017 and who retire from the City of Hermosa Beach will be eligible for the following medical insurance benefits: 1. For service retirement at age fifty-five (55) with a minimum of twenty (20) years of continuous full-time service with the City, the City will pay a $400 per month medical insurance supplement. 2. The benefit provided Tier Three, shall commence with the first month following the employee's approved retirement date by Cal PERS. 3. In order to be eligible for medical supplement payments, an employee Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 14 must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self-procured medical insurance plan. 4. Any payments made by the City shall normally be m ade directly to a medical insurance provider. However, other payment arrangements may be considered. 5. The payment of the medical insurance supplement will end when the employee reaches the age of eligibility for any Federal or State medical insurance plan. An employee shall be given credit for years of sworn law enforcement service with another agency towards reaching the minimum year requirements of Tier II or Tier III retiree medical insurance, above, with a maximum of 10 years, subject to verification and certification by Human Resources. ARTICLE 18 — LEAVE OF ABSENCE Management agrees to allow all employees covered by this MOU to take a leave of absence without pay, not to exceed 60 days, in conjunction with, or in addition to, their regular vacation time. This leave will only be allowed every other year. Timing and duration of leave subject to approval of and subject to the needs of the department. Any request for such leave must be delivered to the Chief a minimum of 30 days in advance. This provision shall not reduce any leave entitlement an employee may have under the Military and Veterans Code. ARTICLE 19 — VACATION A. Effective July 1, 2022, vacation accrual rates for all employees covered by this agreement shall be as follows: 1. Upon hire, at the rate of 96 hours/year. 2. Commencing with the 5th year, at the rate of 120 hours/year. 3. Commencing with the 8th year, at the rate of 136 hours/year. 4. Commencing with the 15th year, at the rate of 160 hours/year. 5. Commencing with the 16th year, at the rate of 168 hours/year. 6. Commencing with the 17th year, at the rate of 176 hours/year. 7. Commencing with the 18th year, at the rate of 184 hours/year. 8. Commencing with the 19th year, at the rate of 192 hours/year. 9. Commencing with the 20th year, at the rate of 200 hours/year. B. An employee covered by this Agreement may accrue vacation in excess of 270 hours, provided, however, all hours in excess of 270 hours as of December 31 each year shall be automatically cashed out as part of the February 20th payroll. C. An employee shall be given credit for years of sworn law enforcement with another agency for vacation accrual purposes, above, with a maximum of 10 years, subject to verification and certification by Human Resources. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 15 ARTICLE 20 — HOLIDAYS A. Effective July 1, 2025 all employees shall receive 12 hours per month of "Holiday Comp". This is a result of two additional observed holidays, Cesar Chavez Day and Juneteenth. B. All personnel are scheduled without regard to holidays and receive holiday compensatory time in lieu of paid holidays off. C. An employee covered by this Agreement may a ccrue Holiday Comp time to a maximum of 144 hours. Cash out of any earned but unused Holiday Comp accrual in excess of 144 hours (as of December 31st of each year) shall be automatically cashed out as part of the February 20th payroll. D. All personnel have the option of receiving pay by cashing out holiday comp time each pay period in which it is accrued. Subject to regulations established by CalPERS, this compensation shall be reported to CalPERS. Current CalPERS regulations specifically state that should an employee utilize this cash out provision ONLY during their final compensation period, said additional compensation shall be excluded from reportable compensation. ARTICLE 21 — SICK LEAVE A. Employees shall accrue 10 hours of sick leave per month until the commencement of their 15th year, at which time they will accrue 12 hours per month. B. After an employee accrues and maintains 176 hours of sick leave, the employee may cash out annually up to a maximum of 96 hours of accrued sick leave at the employee’s current hourly pay rate. C. Sick leave may be used for the following purposes: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling. Employees may predesignate and substitute other members for those members defined as "immediate family." The intent of this provision is not to expand the number of persons included in the definition of "immediate family" or to increase paid leave opportunities, but, rather to recognize variation in family structure (e.g. stepmother for mother); or 2. For an employee who is a victim of domestic violence, sexual assault, or stalking to: a) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or b) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 16 D. Upon resignation or retirement from City employment, sick leave accrued prior to July 1, 2017, at the employee’s election, will be paid at the current hourly pay rate, on the following conditions: 1. 25% pay 5 through 9 years of total full time City service. 2. 50% pay 10 through 19 years of total full time City service. 3. 100% pay 20 + years of total full time City service. Except as otherwise provided in B above, sick leave accrued on or after July 1, 2017, shall not be paid out at resignation or retirement. An employee shall be given credit for prior sworn law enforcement with another agency towards sick leave accrual and cash-out upon resignation or retirement, above, with a maximum of 10 years, subject to verification and certification by Human Resources . Pursuant to Government Code § 20965, related CalPERS rules, and the City’s contract with CalPERS, upon retirement from City employment, unused accumulated sick leave at the time of retirement may be converted to additional service credit. ARTICLE 22 — BEREAVEMENT LEAVE Each employee may receive up to three shifts paid bereavement leave to attend a funeral or memorial service or to take care of family matters that are related to the death of a member of immediate family. An employee may take two additional unpaid shifts, or utilize available paid leave accruals. Employees have up to one year to use their bereavement leave. For purposes of this provision, “Immediate family” consists of the following: employee’s spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or the same relatives of a domestic partner. Employees are entitled to up to five days for each death in the immediate family. An employee who utilizes bereavement leave shall notify their supervisor or department head of the intent to use such leave. Reasonable proof of death and/or relationship to employee may be required. The Chief may grant one (1) additional paid shift in the event of a death which requires extended travel. ARTICLE 23 — JURY DUTY If called for jury duty in a Municipal, Superior, or Federal Court, or for a Coroner's Jury, Employees covered by this Agreement shall remain in their regular pay status. All jury fees except mileage reimbursement shall be returned to the City. The City will provide paid jury duty leave in accordance with Administrative Policy P15. Employees who have served four (4) or more hours in one day of jury duty will not be required to report for work within twelve (12) hours of the time they were released, dismissed, or excused from jury duty for the day. At the Supervisor’s discretion an Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 17 employee may be excused from the reporting requirement if the time they would be at work is de minimis. ARTICLE 24 — LONGEVITY PAY Employees shall receive additional compensation of 5% above base salary for each level of full-time sworn police service with the City of Hermosa Beach according to the following schedule. The effective date of this premium is the first day of the pay period following anniversary date. An employee shall be given credit for prior sworn law enforcement with another agency towards reaching the minimum year requirements for longevity pay, below, with a maximum of 10 years, subject to verification and certification by Human Resources . Upon commencement of the fifth (5th) year (Not reportable to PERS, as PERS requires “exceeding of 5 years”) Upon commencement of the tenth (10th) year Upon commencement of the fifteenth (15th) year Upon commencement of the twentieth (20th) year ARTICLE 25 – EDUCATION ALLOWANCE Employees shall receive tuition reimbursement for course, fees, books and tuition (up to CSU rates, including summer sessions). Subject to the City Manager/Chief of Police’s approval; employee will reimburse the City for all expenses if employee fails or does not complete the stated courses or if the employee leaves the City during the semester the employee is enrolled and received payment. For employees who seek reimbursement for expenses incurred from a non-CSU educational institution, the tuition reimbursement rate shall be the average of Cal State Los Angeles, Cal State Dominguez Hills, and Cal State Long Beach. ARTICLE 2 6 — PEACE OFFICER STANDA RD AND TRAINING (POS T) CERTIFICATE PAY & MA INTENANCE OF BENEFIT S A. Peace Officer Standards and Training (POST) Certificate Pay. In recognition of formal professional training, obtained from either an accredited educational institution or through P.O.S.T. sanctioned training, or a combination of both, City agrees to a concept of pay as an adjunct to base monthly salary for achieving and maintaining various levels of professional proficiency certification as follows: Employees who obtain an A.A. or A.S. degree or an Intermediate P.O.S.T. Certificate shall receive additional compensation of 5% above base salary. Employees who obtain a B.A. or B.S. degree or Advanced P.O.S.T. Certificate shall receive additional compensation of 10% above base salary. ARTICLE 2 7 — UNIFORM ALLOWANCE Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 18 A. Effective July 1, 2022, uniform allowance for Officers and Sergeants shall be $1,000.08 per year, payable through the regular payroll schedule. Uniform allowances shall be reported to CalPERS periodically when earned, on a per pay period basis, in accordance with the Public Employees’ Retirement Law (PERL) and applicable regulations for all “Classic” members. B. An absence due to sick leave, or leave of absence without pay, exceeding sixty days (60), days shall result in a pro-rata reduction in uniform allowance for the time of the absence. ARTICLE 2 8 — AMMUNITION REPLACEME NT A. In addition to the quarterly qualification ammunition, each officer wil l be allowed to utilize fifty (50) rounds of ammunition for their primary duty weapon, at City expense, each month at the firing range used by the Department. If necessary, the City will also pay for the expense of using the range. The ammunition will be u sed to practice on an approved course of fire so that officers will become more proficient with their service weapons. B. The City will not compensate officers for the time spent to utilize this ammunition. Officers must use the allotted ammunition each month, it does not accumulate. ARTICLE 2 9 — SPECIALTY ASSIGNMENT PREMIUMS, A CTING PAY A. Detective Division Premium. The City shall pay 9% of base salary per month to each officer assigned to a Detective Special Assignment, including a task force, background/training detective, administrative position or specialty assignment. That compensation shall be for the additional time detectives are "on -call." This pay shall be reported to CalPERS as “compensation earnable” pursuant to CCR 571(a)(4) and as “pensionable compensation” pursuant to CCR 571.1 (a)(3) – Detective Division Premium. B. Crime Impact Team Premium. The City shall pay 7% of base salary per month to each employee assigned to the Crime Impact Team. This pay shall be reported to CalPERS as “compensation earnable” pursuant to CCR 571(a)(4) and as “pensionable compensation” pursuant to CCR 571.1 (a)(3) – Detective Division Premium. C. Field Training Officer Training Premium. The City shall pay 7% of base salary per month to each officer assigned to serve as a Field Training Officer. Assignments to Field Training Officer will be made through an open and fair selection process from a new eligibility list. There can be no more than six (6) Field Training Officer assignments at any given time. The number of Field Training Officer at any given time will be determined at the sole discretion of the Chief of Police. This pay shall be reported to CalPERS as “compensation earnable” pursuant to CCR 571(a)(4) and as “pensionable compensation” pursuant to CCR 571.1 (a)(3) – Training Premium. D. Traffic Officer Premium. The City shall pay 7% of base salary per month to each officer assigned to Traffic Officer. This sum shall be payable when on duty, during hazardous duty disability leaves, and during absences from work of less than one Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 19 month. This pay shall be reported to CalPERS as “compensation earnable” pursuant to CCR 571(a)(4), and as “pensionable compensation” pursuant to CCR 571.1 (a)(3) – DUI Traffic Officer Premium. E. Task Force Premium. When staffing permits, the Department will assign officer(s) to full time task force positions. Assignments to a regional, federal, or multi-agency task force will be considered separate from any current or previous special assignment. Officers may rotate from a special assignment to a task force depending on the needs of the task force. Time spent in a current or previous special assignment will not be considered part of the four (4) year temporary duration assignment to a task force. The Department will work with each task force to determine the minimum qualifications and selection process. The City shall pay 9% of base salary per month to each officer assigned to a Task Force Special Assignment. This pay shall be reported to CalPERS as “compensation earnable” pursuant to CCR 571(a)(4) and as “pensionable compensation” pursuant to CCR 571.1 (a)(3) – Detective Division Premium. F. The Special Assignments in this Article are of temporary duration. All Special Assignments shall be filled through an agreed upon selection process. Assignments to the Crime Impact Team will be for a period of 1 (or 2) year (s). Assignment to a Detective, Administrative, Backgrounds and Training, or Traffic Officer positions shall be for a period of four (4) years. Assignment to the Field Training Officer position will be for a period of 3 years. Employees must maintain an active POST Field Training Officer certification. If approved by the Chief of Police, Officers assigned to the Field Training Officer position may be assigned to consecutive, three-year FTO assignments provided they maintain their POST certification. The Chief of Police may extend any Special Assignment for up to one year if it benefits the continued operations of the Department. Extensions of a Specialty Assignment should not be considered automatic and they will only be granted if a rotation will create a hardship on the Department. The right to assign and reassign shall be vested solely with the Chief of Police. G. Canine Officer/Animal Premium. The City shall pay 7% of base salary per month to each officer assigned to the Police Service Dog Program as a Police Service Dog handler. This amount shall be considered as full compensation for the additional incidental hours required for the animals veterinary care; routine care for the K-9's physical health, welfare and grooming; daily and routine maintenance to the K-9 patrol vehicle and field equipment. The assignment is only in effect through the service life of the K-9 partner. Once the K-9 is retired, a selection process will take place for a new K-9 assignment through an agreed upon selection process. New selections will be based on the needs of the Department. This pay shall be reported to CalPERS as “compensation earnable” pursuant to CCR 571(a)(4) and as “pensionable compensation” pursuant to CCR 571.1 (a)(3) – Canine Officer/Animal Premium. H. Employees assigned full time to the Department's Police Service Dog Program are subject to schedule changes contingent on meeting Police Dog Program priorities and Department needs. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 20 I. The parties understand and agree that all assignments to extra -pay positions are temporary assignments, and that officers will be rotated into and out of these assignments as part of the department's job enrichment and career development program. J. In conformity with this understanding, each officer who accepts an assignment shall sign a statement indicating that they understand the temporary nature of the assignment. Nothing herein shall abrogate an employee's appeal rights as set forth in Government Code Section 3304. K. Time spent "on-call" shall not be considered hours worked for FLSA purposes and is not compensated in any manner. L. An employee is eligible to receive only one specialty assignment pay at a time. M. Any employee receiving a specialty pay premium will be expected to participate in auxiliary assignments (within each specialty unit), without additional pay, at the discretion of the Chief of Police. N. Acting Pay. 1. Employees covered by this Agreement who are temporarily assigned to perform the full range of a higher classification because of emergency conditions, Sick Leave, Vacation and/or relief shall receive a higher rate of pay commencing after 80 consecutive hours of such assignment. Employee shall be placed on a step in the salary range of the position in which they are temporarily assigned that provides at least a 5% increase to their current salary. During acting assignments, employees remain affiliated with and continue to be covered by this Agreement. 2. In accordance with Gov. Code Section 20480, if an employee is placed in an Acting position that is vacant as a result of a vacancy, the hou rs worked by the employee shall be reported to PERS and shall not exceed 960 hours per fiscal year. ARTICLE 30 — PHYSICAL FITNESS TIM E The City and the Association agree to a program providing Compensatory Time Off (CTO) for workout time for Officers and Sergeants under the following conditions and as approved by the Chief of Police: A. The workout shall be of thirty (30) minutes duration, beginning when the employee enters the workout facility. The workout shall take place within the City o r within 1/4 mile of the City boundary. Employees shall receive thirty (30) minutes of Comp Time Off (CTO) for working out a minimum of 30 minutes, with a maximum credit of 60 hours per year. B. The work out shall be conducted prior to, or after, an assigned work shift. C. Employees will notify the watch commander (or designee) when they have worked out prior to, or after, an assigned work shift. Employees will certify the total workout Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 21 time by completing a request for CTO and submitting documentation of their work- out within the pay period during which CTO credit is requested. D. Individuals may be barred from this program at City discretion if there is evidence of abuse. ARTICLE 31 – YEARLY SHIFT CHANGES A. There will be four (4) quarterly shift changes per twelve (12) month period. These quarterly shift changes shall begin on the first Sunday of the first month of each quarter. The quarters shall run as follows: 1. June, July, August 2. September, October, November 3. December, January, February 4. March, April, May Although there will be four (4) shift changes in a twelve month period, employees shall bid on a semi-annual basis for two consecutive shifts at a time. Effective January 1, 2026, the quarterly shift deployments shall begin on the first Sunday of the first month of each quarter, as follows: 1. January - March 2. April – June 3. July – September 4. October - December B. For shift bidding purposes, the schedule should be posted on November 1, for the quarters January-March and April-June and on May 1 for the quarters July- September and October-December. The sign-up schedule will remain posted for thirty (30) days from the date of posting for employee shift bidding. Management will then have thirty (30) days to finalize the schedule in advance of the schedule change. C. Employees are not mandated to rotate between day and night shifts. Bidding for shifts and days off shall be made on a seniority basis. Management will continue to assign new hire employees to shifts only, without regard to days off, through completion of their probation. D. With regard to new hire employees, following the successful completion of their probationary period, the employee will be allowed to bid for days off on a seniority basis. E. In order to provide scheduling protections to less senior employees, those without sufficient longevity to bid for an alternate shift assignment may request, via the Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 22 Patrol Division Commander, a shift rotation for one (1) deployment quarter in a twelve (12) month period. It shall be the sole responsibility of the junior employee wishing such a shift rotation to notify the Patrol Division Commander immediately upon posting of each shift bidding schedule. F. In the event that a less junior employee qualifies for a shift rota tion and desires to exercise their prerogative to rotate to another shift, the employee with the least seniority in the bidding process who has bid on a shift will be "bumped" to an alternate shift in order to provide a shift opening for the junior employee. The senior employee shall retain the right to select the deployment quarter in which they will be displaced in the rotation. All other seniority rights shall remain in full force and effect. ARTICLE 32 — OVERTIME ASSIGNMENTS A. Officers and Sergeants holding regular positions in the Hermosa Beach Police Department shall receive priority over Reserve Officers in overtime assignments. There shall be no restrictions on the number of regular officers who can sign up for overtime assignments. Officers and Sergeants will be compensated for all hours worked on an overtime basis, for overtime assignments, at time and one -half their regular rate. B. Overtime assignments are to be made by a Watch Commander or above and approved by a Captain. C. To be eligible for an overtime assignment, an officer must be off training. Available overtime assignments shall be posted, on the currently designated schedule software system, as soon as reasonably possible. If approved by the Captain, Officers and Sergeants may flex their standard schedule to work an overtime time assignment after the half-way point of the desired shift if there is an unassigned opening, but in no event can they “bump” a junior employee. D. Recurring overtime shifts should be posted five (5) days prior to the first day of the month in which the overtime shifts will occur. Failure to work an overtime assignment after being awarded the shift shall be deemed a violation of policy. If an officer or sergeant can no longer work a shift, he or she shall notif y the on-duty Watch Commander as soon as possible to offer the next person listed on the sign - up list an opportunity to work the assignment, or repost the overtime shift in the event that no one else has signed up for the shift. E. Nothing herein shall prohibit the City of Hermosa Beach from hiring temporary civilian employees to perform police related duties in the enforcement of Municipal Code provisions. ARTICLE 33 — SHIFT COVERAGE The minimum staffing for each patrol shift is three officers (consisting of a Watch Commander and two area cars). If for any reason the Police Department cannot meet a minimum three-person staffing standard requirement, the Department shall have the right Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 23 to fill positions with Certified Level I Reserve Officers. This may be done only when all regular officers have been contacted to determine their availability to cover the shift or a portion of the shift, which will be understaffed. The Chief of Police, or any Division Commander, will have the discretion to temporar ily increase the minimum staffing requirements as needed for public safety. Minimum staffing requirements may be increased for events which include, but are not limited to, holidays, special events, anticipated increases in large crowds or calls for service. ARTICLE 34 — WATCH COMMANDER SELE CTION The Chief of Police shall have the right to establish criteria for selection of officers to be placed on the Watch Commander's list. Assignments will be made through an open and fair selection process from a new eligibility list to be established at the discretion of the Chief. The Chief shall select any number to be placed on the list and may remove officers or add officers to the list at any time. The City shall pay officers performing as Watch Commander the sum of five dollars ($5.00) per hour as special duty pay. This pay shall be included in total compensation calculations for retirement purposes. ARTICLE 35 – PERFORMANCE REVIEW Upon completion of probation, each employee shall be reviewed annually; sai d review to be objective, constructive in nature designed to point out area of strengths, weakness and methods for improvement. The review will be completed by the employee's immediate supervisor and will include all co-lateral assignments (i.e. FTO, Range Master, PIO, etc.). Any modification to the evaluation form will be submitted to the Police Officers Association for review and comments. ARTICLE 36 — DISCIPLINARY ACTIONS A. For the purpose of defining disciplinary actions, the following definitions shall be applicable: 1. Disciplinary actions are defined as: a. Dismissal b. Demotion c. Suspension d. Reductions in pay e. Reprimand (written) 2. Reductions in pay are governed by the "Blue Section" of the Police Manual. 3. Appeals from the disciplinary actions shall only be subject to the "Blue" section of the Police Manual entitled "Rules and Regulations." 4. Prior to the commencement of any internal investigation that is likely to subject the officer to disciplinary action, the officer shall be advise d of their rights pursuant to Section 3300, et. seq., of the California Government Code Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 24 as amended. All rights contained therein shall be applicable to the disciplinary actions and shall be used as a minimum guideline only. 5. Any reprimand record or other writing containing adverse comments included in the employee’s personnel package is a written reprimand. Adverse comments or documents placed into the Evaluation Log (also referred to as the “Red File”) are not written reprimands. Evaluation log entries may be appealed to the Chief of Police pursuant to procedure set forth in the Police Policy and Procedures Manual. 6. Inclusionary periods as currently set forth in the Police Department Rules and Regulations shall remain in effect during this MOU. 7. Any officer receiving time off dispensed as a result of disciplinary action can use either accumulated compensatory time or vacation time at their discretion. However, when exceptional circumstances arise and the City feels that it is in the best interest to keep an officer off duty for a limited period of time (not to exceed five (5) working days), the City may exercise this right. 8. For purposes of this section, a "suspension day" imposed as a result of disciplinary action or "workday" referred to in Section 7 is equivalent to eight (8) hours. ARTICLE 37 — LAYOFF A. Hermosa Beach Personnel Rules and Regulations, Rule XXXII, as currently enacted, is the governing provision regarding layoff. However, City further agrees that, prior to implementation of any such layoff, discussions shall be held to explore other alternatives, mitigation, etc. B. It is further agreed that in the event the City should contract with another agency for provision of police services, the Association shall receive six (6) months advance written notice prior to the effective date of any such change. ARTICLE 3 8 — ASSOCIATION DIRECTOR S TIME A maximum of two Board members shall be allowed to attend out of town meetings on City time up to and including a cumulative total of five (5) working days per calendar year provided such out of town meetings are for purposes of Association business and does not conflict with the operational needs of the department. With the permission of the Police Chief additional days may be granted. ARTICLE 39 — CITY/POA DISCUSSION OPPORTUNITY During the term of this MOU, the parties agree to informally discuss matters of mutual concern, including scheduling and other ways to maximize the allocation of reso urces. Said discussions shall only result in changes in terms and conditions of employment upon mutual agreement of the parties. ARTICLE 4 0 — REOPENER CLAUSE FOR ARTICLE 36 AND EXHIBIT A TO THE MOU Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C 25 The parties agree that during the term of this MOU, if requested by the City, Article 36 and Exhibit A of this MOU shall be reopened solely for the purpose of meeting and conferring regarding disciplinary actions, including the discipline appeal process, a “bail schedule” for discipline, and a progressive discipline policy ARTICLE 41 — BILINGUAL PAY The City shall pay one hundred dollars ($100) per month to each employee who ha s demonstrated oral proficiency in Spanish or another language which has been demonstrated to be of value to the City in its law enforcement operations. Employees will be tested for oral skill in the designated language by a vendor selected by the Human Resources Director/Manager and must successfully pass the examination to be eligible for bilingual premium. Periodic evaluation of incumbents receiving bilingual skill premium may be required. This pay shall be reported to CalPERS as “compensation earnable” pursuant to CCR 571(a)(4) and as “pensionable compensation” pursuant to CCR 571.1 (a)(3) – Bilingual Premium. ARTICLE 4 2 — DURATION OF CONTRACT This MOU is effective July 1, 2025 and shall remain in full force and effect through June 30, 2028. In witness whereof, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding this _____ day of ___________, 2025. HERMOSA BEACH POLICE OFFICERS’ ASSOCIATION CITY OF HERMOSA BEACH ________________________________ Robert Wexler, HBPOA Chief Negotiator ________________________________ Kurt Mateko, Police Sergeant ________________________________ Nicholas Garcia, Police Officer ________________________________ Luis Pineda, Police Officer ___________________________________ Daphne Anneet, City Negotiator ___________________________________ Steve Napolitano, Interim City Manager ___________________________________ Tiffany Nguyen, Human Resources Manager ________________________________ Marco Juarez Ponce, Police Officer Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C A-1 Exhibit A GRIEVANCE PROCEDURES FOR HERMOSA BEACH POLICE DEPARTMENT I. Purpose of Grievance Procedures a. To promote improved employee-employer relations by establishing grievance procedures on matters. b. To provide that grievances shall be heard and settled as informally as possible. c. To enable grievances to be settled promptly and/or as near to the point of origin as possible. II. Definition A grievance is defined as any dispute concerning the, interpretation, intent or application of the written Memorandum of Understanding governing personnel practices or working conditions applicable to employees covered by the Memorandum of Understanding. An impasse in meeting and conferring upon the terms of a proposed Memorandum of Understanding is not a grievance. III. Conduct of Grievance Procedure a. An employee may request the assistance of another person of his own choosing in preparing and presenting of his grievance at any level of review, or may be represented by a recognized employee organizatio n, or may represent himself. b. The employee and his representative, if any, may use a reasonable amount of work time, as determined by the appropriate Division Commander, and a Police Association Board Representative, in conferring about and presenting a grievance. c. Any grievance relating to the retroactive status of monetary or fiscal matters shall be limited to the date of filing of the grievance in writing, except in such cases where it would be impossible for the employee to have prior knowledge of an accounting error, or where the error is departmentally or City caused. d. The time limits specified may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. e. Employees shall be free from reprisal for using the grievance procedure. IV. Matters Subject to Grievance Procedure Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C A-2 Full-time employees having probationary or permanent status may process a personal grievance on one, or more than one, of the following grounds. a. Improper application of policies and procedures. b. Unfair treatment, including coercion, restraint, or reprisal. c. Reduction in force action — layoffs. d. Promotion procedures implemented unfairly. e. Classification of position. f. Non-selection for training opportunities. g. Discrimination because of race, religion, color, creed, or national origin. h. Any matter affecting an employee's work schedule, fringe benefits, holidays, vacation, sick leave, retirement, performance, rating, a change in classification, salary, work assignment, or any other matter affecting wages, hours or working conditions. i. Discharge, demotion, or suspension. j. Individual disputes over the intents or application of the provisions of the most recent officially signed agreement between the City and their recognized employee representatives. Probationary employees may file grievances under all of the above, but not as applied to their performance rating or dismissal, V. Grievance Procedure Step One — Informal Process An employee must attempt first to resolve a grievance through discussion with his immediate supervisor without undue delay on an informal basis. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he shall have the right and obligation to discuss it with his supervisor's immediate superior, if any, and his department head if necessary. Every effort shall be made to find an acceptable solution by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the department head concerned. In order that th is informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than fifteen (15) calendar days elapse from the date of the alleged incident or action and the resolutions of the grievance or completion of the informal process. Said grievance shall be considered waived if not so presented to the immediate supervisor within fifteen (15) calendar days following the day during which the event upon which the grievance is based occurred. Step Two — Formal Process — Management Supervisor Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C A-3 If the grievance is not resolved through the informal process, the employee shall have the right within fifteen (15) calendar days from the decision or completion of the informal process to file the grievance in writing and present it to his Division Commander. The Division Commander shall discuss the grievance with the employee and shall render a decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. Failure of the grievant to serve such written notice fifteen (15) calendar days following the termination of the informal step shall constitute a waiver of the grievance. Step Three — Formal Process — Department Head If the grievance procedure is not resolved at Step 2 and the employee is notified in writing, the employee may, within the next fifteen (15) calendar days present the grievance in writing to the department head. In the event that no written response is given to the employee within fifteen (15) calendar days from the date of submission of the written grievance, the grievance will be assumed to have been valid and the employer will take steps to correct that problem. Failure of the employee to take appropriate action within the prescribed time periods will be deemed to constitute termination of the grievance. Failure of the employer to respond within the time provided will be deemed to be an admission as to the validity of the grievance and will require affirmative action to correct the grievance. The department head shall render his decision and comments in writing within fifteen (15) calendar days from the date of receipt of the grievance and return them to the employee within that time. Step Four — Advisory Arbitration a. If the grievance is not resolved in Step 3 the employee may within fifteen (15) calendar days, present the grievance in writing to the City Manager or their designee for processing. Failure of the employee to take this action within fifteen (15) calendar days from the date of receipt of rejection of the grievance in Step 3 will be deemed to constitute a termination of the grievance. b. The scope of the advisory arbitration of grievance sh all include all of the grievable matters as set forth in Section 4 of this procedure. An exception would be those matters that by Peoples Ordinance NS 211 must be adjudicated by the Hermosa Beach Civil Service Commission. All other grievances shall bypass Step 4 of the grievance procedure and go to the Step 5 procedures. An employee who chooses advisory arbitration shall be deemed to have made a choice between the Civil Service Board of Review and arbitration and, therefore, may not seek two hearings on the same grievance. c. As soon as possible, and in any event not later than fifteen (15) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator unless external constraints prohibit compliance, whereupon the earliest date available shall apply. d. Arbitrator shall be selected from a list of seven (7) arbitrators provided by the Federal Mediation and Conciliation Service within seven (7) calendar days. If a mutual agreement cannot be reached at a meeting of the two parties as to selection of an arbitrator, then each party shall strike off a name from the list on an alternating basis until one name remains which person shall become the arbitrator. The City shall have the first opportunity to strike a name from the list Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C A-4 of (7) arbitrators. The priority of striking names shall alternate from one party to the other each time advisory arbitration is invoked by the same parties. e. Any arbitrator appointed must be familiar with employee/management relations in public employment. f. The arbitrator shall hold such hearings and conduct such proceedings as may be necessary, but such hearings and proceedings shall be conducted in an expeditious and confidential manner with the involved parties only. Employees called as witnesses shall be released from duty as needed. g. The rules of conduct of proceedings shall be according to those procedures utilized by the Arbitration Service. h. The findings of fact and the recommendations of the arbitrator shall be transmitted to the involved parties and the City Manager. i. The fees and expenses, including the making of the record of the arbitrator, shall be borne equally by the parties. Calling of the witnesses by either party shall be done with a reasonable amount of restraint. An excessive use of witnesses will necessitate the cost of loss of work time to be paid by the party calling the witnesses. A decision of the arbitrator may be requested by either party as to whether there may have been an excessive use of witnesses. j. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of the Memorandum of Understanding. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. k. The decision of the arbitrator shall be final upon the parties to the dispute unless either party, within 60 calendar days after the final written decision of the arbitrator is personally served upon the party, causes to be filed in a court of competent jurisdiction a complaint to review all or any part of the proceeding, upon litigation, the entire matter shall be reviewed and a trial de novo held. Step Five — Final Process (Non-arbitral matters) — City Manager If the grievance cannot be resolved at Step 3, the employee may thereafter submit the matter to the City Manager or their properly appointed representative for the purposes of obtaining their review and settlement of the grievance. Thereafter the City Manager or their designated representative shall, in all non-arbitrable cases, review the matter and render a decision in writing to the parties within fifteen (15) calendar days from the date of receipt. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C B-1 Exhibit B CITY OF HERMOSA BEACH POLICE DEPARTMENT DRUG AND ALCOHOL ABUSE POLICY I. Purpose The City of Hermosa Beach recognizes that behavior resulting from and consisting of the use of alcohol and other drugs detrimentally affects work performance, safety, security, and public confidence in City employees and presents a risk to City employees and the health and welfare of the citizens of the City of Hermosa Beach. The special nature of the duties entrusted in public safety officers demands that the use of alcohol and other drugs, which may affect an employee's ability to perform his or her job, be strictly regulated. II. Policy It is the policy of the City of Hermosa Beach that employees shall not be under the influence of alcohol or drugs, nor possess alcohol or drugs while on City property or work locations, while on duty or on an "on-call" status; shall not utilize, sell or provide drugs or alcohol to any other employee or to any person while such employee is on duty or on an "on -call" status, nor have their ability to work impaired as a result of the use of alcohol or drugs. The City reserves the right to search, without employee consent, all areas and property in which the City maintains control or joint control with the employee, except as restricted by the California Public Safety Officers Procedural Bill of Rights Act. Refusal to submit immediately to an alcohol and/or drug analysis when requested by a sworn supervisor or manager for the causes for testing listed in this policy may constitute insubordination and may be grounds for discipline up to and including termination. Employees reasonably suspected to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be transported from the work site to a residence or other mutually agreed upon location following testing. The City provides an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. The City and the Association encourage and support the rehabilitation of employees with alcohol and drug abuse problems through the constructive use of the EAP. It is understood that EAP counseling sessions are confidential except for compliance with mandatory EAP referral evaluations and program requirements. III. Application This policy applies to all employees in the classifications of Police Officer, Police Sergeant, Police Lieutenant, Police Captain and Chief of Police. This policy app lies to alcohol and to Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C B-2 all substances, drugs, medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. For the purposes of this policy, sworn supervisor and/or manager shall be defined as the classifications of Police Sergeant, Police Lieutenant, Police Captain, and Chief of Police. IV. Employees Responsibilities An employee must: a. Not report to work or be subject to duty while his or her ability to perform job duties is or may be impaired due to on or off duty alcohol or drug use; b. Not possess or use alcohol or impairing drugs (illegal drugs and prescriptions drugs without a prescription) during working hours or while subject to duty, on breaks, during meal periods or at anytime while on duty on City property, with the exception of possession of substances which have been confiscated by arrest and are in transport to designated holding facilities, or incidents which are performed as part of the job and with the approval of the Ch ief of Police or Division Commander; c. Submit immediately to an alcohol and drug test when requested by a sworn supervisor or manager acting pursuant to this policy; d. Provide within 24 hours of request by the Medical Review Officer, a bona fide verification of a current valid prescription for any potentially impairing drug or medication declared by the employee before the drug test and identified when a drug test is positive. The prescription must be in the employee's name. A reasonable extension of time for the employee to provide a valid prescription may be granted by the Medical Review Officer not to exceed an additional 48 hours. V. Management Responsibilities and Guidelines a. Sworn supervisors and managers are responsible for reasonable enforcement of this policy. b. Sworn supervisors and managers may request that an employee submit to a drug and/or alcohol test when any of the "Causes for Testing" items listed in this policy occur. c. In cases of "reasonable suspicion", any sworn supervisor or manager requesting an employee to submit to a drug and/or alcohol test must document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs and submit said documentation to the Chief of Police prior to the end of the shift. Prior to the employee being transported for testing, the observable facts constituting reasonable suspicion shall be confirmed by a second supervisor or manager. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C B-3 d. Any sworn supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request shall remind the employee of the requirements and disciplinary consequences of this policy. Where there is reasonable suspicion that the employee is under the influence of drugs or alcohol, the employee will be relieved of his/her weapon, which will be secured by the department until the employee is authorized to return to work. The supervisor shall then arrange transportation to the testing facility. e. Sworn supervisors and managers shall not physically search the person of employees, nor shall they search the personal possession of employees without the freely given consent of, and in the presence of, the employee, or unless a valid search warrant has been obtained. f. Sworn supervisors and managers shall notify the Chief of Police or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in personal property which is promptly accessible to the employee during work hours (i.e. a personal vehicle). VI. Causes for Testing Employees covered by this policy shall be tested for drugs or alcohol as specified below and whenever there is reasonable suspicion of an employee under the influence on work time. 1. Reasonable suspicion is a belief based on objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his or her job safely is reduced. These objective facts must be confirmed by a second sworn supervisor or manager. In addition, the supervisor or manager is required to take into account other possible explanations for observed behavior such as illness, lack of sleep, fatigue, and reactions to noxious fumes or smoke. For example, any of the following, alone or in combination, may constitute reasonable suspicion: a. Slurred or thick speech; b. Alcohol odor on breath; c. Inability to perform work properly; d. Unsteady walking and movement; e. Erratic and unusual displayed behavior consistent and symptomatic with drug use/abuse; f. Possession of alcohol or drugs; g. Nystagmus; 2. Prior to initial appointment with the City of Hermosa Beach. 3. Prior to promotional appointment and during probation. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C B-4 4. Within 30 days of assignment to the Detective Division. 5. When the employee is involved in a traffic accident while operating a City vehicle and a determination is made that the employee is at fault. If fault cannot be immediately determined at the scene, the involved officer shall submit a urine sample for analysis. However, the sample will not be tested unless the officer is ultimately found most at fault for the collision or if fault cannot be determined. Otherwise, the sample will be destroyed without testing. VII. Testing Procedure Whenever a sworn supervisor or manager deems a drug test necessary for reasonable suspicion and the objective observations have been verified by a second person, the supervisor or manager or designee shall transport the employee to the City's medical facility for the test. The employee shall be paid for time spent at the examination. The City shall bear the expense of the examination, and shall provide transportation to and from the medical facility and the employee's work site. Testing shall occur at the City's designated medical facility. The medical facility shall use a certified National Institute of Drug Abuse (NIDA) laboratory. The certification of laboratories performing drug testing for Federal agencies was developed by NIDA to assure strict adherence to the rigorous standards of testing and custody control form. Test results are returned to the Medical Review Officer (MRO). The initial test is a process called Urine Drug Screen # 37042N. If all results are negative, the test is complete. If the initial test is positive, a secondary confirming test using the Gas Chromatography/Mass Spectophotometry (GCMS) method is conducted by the laboratory to verify the results. This test has been used as binding legal and medical precedent. If the subsequent test is negative, then the test is considered negative for all purposes. If the subsequent test confirms a positive finding, it is noted on the report and sent to the MRO. At this point, in cases other than THC and cocaine, the MRO will contact the employee to discuss the possibility that the person has taken medication (prescription or otherwise) that was not indicated on the original form completed by the employee. The employee is not informed of a positive result, he or she is just asked to clarify any drug intake. The employee must provide within 24 hours of a request by the MRO, a bona fide verification of a valid prescription for the drug declared by the employee before the drug test and identif ied in the drug screen. The prescription must be in the employee's name and dated prior to the date the specimen was collected. A reasonable extension of time for the employee to provide a valid prescription may be granted by the Medical Review Officer not to exceed an additional 48 hours. If the employee does not provide acceptable verification of a valid prescription as determined by the MRO or if the prescription is not in the employee's name, the MRO will report a positive test result. The final results are then sent by the MRO to the City's Personnel Director. Drugs tested for include, Amphetamines, Barbituates, Benzodiazepines, Cocaine, Methadone, Methaqualone, Opiate, PCP, THC, Propoxyphene, Anabolic Steroids and Alcohol. Cut off levels shall be consistent with the current guidelines issued by NIDA. Each drug screen performed shall include a test for all of the substances identified above. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C B-5 VIII. Medical Review Officer The Medical Review Officer (MRO) shall be a licensed physician who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history and any other relevant biomedical information. The responsibility for the assignment of the appr opriate qualified physician and for ensuring his/her availability is that of the City's Personnel Director. The Hermosa Beach Police Officers' Association shall participate in the selection of the Medical Review Officer. IX. Results of Drug and/or Alcohol Testing a. A positive result from a drug and/or alcohol analysis may result in appropriate disciplinary action, up to and including discharge . b. If an alcohol or drug test is positive for alcohol or drugs, the Personnel Director shall notify the Chief of Police who will initiate a personnel complaint in accordance with the Police Department's policies and procedures. c. Specimens shall be considered as positively confirmed following the secondary test using the GC/MS testing method if they fall above the cutoff levels listed in the NIDA guidelines. d. All negative test specimens shall be destroyed within three (3) days of the negative test result provided to the Personnel Director. Positive test specimens shall be frozen and retained for a minimum of two (2) years. X. Appeals If the employee desires to appeal a positive test result, he or she may request a new testing of a remaining portion of the original urine sample, or split sample, within 5 business days of notification of the original test result. The split sample test by Gas Chromatography/Mass Spectophotometry (GC/MS) shall be conducted at the employee's expense and shall be conducted by any National Institute of Drug Abuse approved laboratory. Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C State of California ) County of Los Angeles ) ss City of Hermosa Beach ) September 2, 2025 Certification of Council Action RESOLUTION NO. RES-25-7515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS’ ASSOCIATION I, Myra Maravilla, City Clerk of the City of Hermosa Beach, do hereby certify that the above and foregoing Resolution No. RES-25-7515 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 26th day of August 2025, and passed by the following vote: AYES: MAYOR SAEMANN, MAYOR PRO TEMPORE DETOY, COUNCILMEMBERS JACKSON ,KEEGAN, and FRANCOIS NOES: NONE ABSTAIN: NONE ABSENT: NONE ________________________________ Myra Maravilla City Clerk Docusign Envelope ID: D40FD8F6-355A-409A-B853-C9F8D369AF5C