Memorandum of Understanding with the Mid-Management Confidential Employees Assocation - Staff Report – MMCEA Memorandum of Understanding
STAFF REPORT
Meeting Date: March 25, 2025
Agency: City of Belmont
Staff Contact: Ann Ritzma, Interim Administrative Services Director, [email protected] Agenda Title: Memorandum of Understanding with the Mid-Management Confidential Employees Association
Agenda Action: Resolution
Recommendation
Adopt a resolution approving the Memorandum of Understanding between the City of Belmont and the Mid-Management Confidential Employees Association for the period January 1, 2025, through December 31, 2028.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The current Memorandum of Understanding between the City of Belmont and the Mid-Management Confidential Employees Association (MMCEA) expired on December 31, 2024. The City’s negotiating team and the MMCEA negotiation team have been meeting in good faith since late 2024. The parties reached tentative agreement on February 24, 2025 with MMCEA membership ratifying on March 7, 2025.
Analysis
The proposed Memorandum of Understanding includes the following key provision:
Salary Adjustments
• January 5, 2025 – 4%
• January 4, 2026 – 3% – 5% - Increase based on the percentage change in the Consumer Price Index (CPI-U) as determined by the Bureau of Labor Statistics in the San Francisco Area (previously SF-Oakland-Hayward), October 2024 to October 2025 with a minimum increase of three (3%) and a maximum increase of five percent (5.0%). • First full pay period in January 2027 – 3% – 5% - Increase based on the percentage change in the Consumer Price Index (CPI-U) as determined by the Bureau of Labor Statistics in the San Francisco Area (previously SF-Oakland-Hayward), October 2025 to October 2026 with a minimum increase of three (3%) and a maximum increase of five percent (5.0%). • First full pay period in January 2028 – 3.5% – 5% - Increase based on the percentage change in the Consumer Price Index (CPI-U) as determined by the Bureau of Labor Statistics in the San Francisco Area (previously SF-Oakland-Hayward), October 2026 to October 2027 with a minimum increase of three and one half (3.5%) and a maximum increase of five percent (5.0%).
Memorandum of Understanding with the Mid-Management Confidential Employees Assocation - Staff Report – MMCEA Memorandum of Understanding
• First full pay period of July 2028 - Classifications that are more than 4% below median after January 2028 increases will be moved to 4% below median. Adjustments based on December 2027 salary survey conducted by the City.
Creation of Labor Management Subcommittee
• Assist in the creation of new performance evaluation form • Explore enhancements to the groups dental plan.
Tuition Reimbursement
• Increase the tuition reimbursement amount from $1,000 to $2,500 per year.
Certification Pay
• ISA Certified Arborist certification monthly payment of $350.00 upon certification and maintenance of certification.
Alternatives
1. Provide staff with alternative direction in whole or in part.
2. Take No Action
Attachments
A. Resolution
a. Exhibit A - MMCEA Revised Compensation Plan - Itemized Fiscal Impacts by Fund and Division
b. Exhibit B - Memorandum of Understanding between the City of Belmont and the MidManagement Confidential Employees Association.
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
The financial impact of the revisions to the compensation and benefit plan have been analyzed. The current fiscal year budget had included an assumption of overall personnel cost increases across labor groups; however, the proposed terms of the MMCEA MOU will require a supplemental appropriation for the divisions listed in Exhibit A of the Resolution (Attachment A) to reflect the personnel cost adjustment in the MMCEA employee group. Subsequent revisions to the Compensation and Benefit Plan as outlined above will be incorporated into the FY 2025-26 budget and long-term financial plan.
Source: Purpose: Public Outreach:
Staff Statutory/Contractual Requirement Posting of Agenda
RESOLUTION NO. 2025 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
BELMONT AND THE MID-MANAGEMENT CONFIDENTIAL EMPLOYEES
ASSOCIATION FOR THE TERM JANUARY 1, 2025 THROUGH DECEMBER 31, 2028 WHEREAS, representatives from the City of Belmont and the Mid-Management Confidential Employees Association (MMCEA)have engaged in good faith negotiations in accordance with Government Code Section 3500, et seq.; and, WHEREAS, the City has carefully considered the presentations made by MMCEA on behalf of its members; and,
WHEREAS, the parties have reached agreement on wages, hours, benefits and other terms and conditions of employment for the period January 1, 2025 through December 31, 2028; and,
WHEREAS, the budget for the current fiscal year had included an assumption of overall personnel cost increases across labor groups; however, the proposed terms of the MMCEA Memorandum of Understanding will require a supplemental appropriation for the division listed in Exhibit A to reflect the wage adjustment in the MMCEA employee group; and,
WHEREAS, the representatives from both parties have collaboratively prepared a written Memorandum of Understanding, titled “Memorandum of Understanding between the City of Belmont and the Mid-Management Confidential Employees Association”, attached hereto as Exhibit B and presented to the City Council for approval.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The terms outlined in the Memorandum of Understanding attached hereto as Exhibit B are hereby approved.
SECTION 2. The City Manager is hereby authorized to execute and implement the Memorandum of Understanding on behalf of the City.
SECTION 3. The City Manager, in consultation with MMCEA, is authorized to make minor amendments to the Memorandum of Understanding, provided such amendments are consistent with the intent of this resolution and do not materially alter the terms of the Memorandum of Understanding.
SECTION 4. The supplemental budget appropriation for fiscal year 2024-25 listed in Exhibit A is approved.
* * *
ADOPTED March 25, 2025 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
Exhibit A
City of Belmont
MMCEA Revised Compensation Plan -
Itemized Fiscal Impacts by Fund and Division
Fund Account # Division
Amount
Increase
General Fund
101 1-111-8101 City Manager - Executive Management $10,000 101 1-401-8101 Administrative Services - People Operations $5,000 101 1-503-8101 Finance - Risk Management $5,000
Total Supplemental Appropriation $20,000
FY 2024-25
The budget for the current fiscal year had included an assumption of overall personnel cost increases across labor groups; however, the proposed terms of the MMCEA MOU will require a supplemental appropriation for the following divisions to reflect the wage adjustment in the MMCEA employee group:
MEMORANDUM OF UNDERSTANDING
Between
CITY OF BELMONT
And
MID-MANAGEMENT/CONFIDENTIAL
EMPLOYEES ASSOCIATION
January 1, 2025- December 31, 2028
2 TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF BELMONT AND
MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES ASSOCIATION OF THE CITY OF
BELMONT
Contents
1 RECOGNITION........................................................................................................................... 3 2 ASSOCIATION ............................................................................................................................ 3 3 NO DISCRIMINATION............................................................................................................... 5 4 REPRESENTATIVE RIGHTS.......................................................................................................5 5 SALARY PLAN............................................................................................................................. 5 6 PROBATIONARY PERIOD .......................................................................................................... 6 7 TRANSFER, PROMOTION, EMPLOYMENT LISTS..........................................................7 8 LAYOFF AND REEMPLOYMENT .............................................................................................. 7 9 RESIGNATION AND REINSTATEMENT .......................................................................... 10 10 REALLOCATION OF POSITION ....................................................................................... 10 11 HOURS OF WORK, ADMINISTRATIVE LEAVE, COMPENSATION TIME............. 10 12 HOLIDAYS............................................................................................................................... 11 13 VACATION LEAVE................................................................................................................. 12 14 SICK LEAVE............................................................................................................................ 12 15 OTHERLEAVES..................................................................................................................... 13 16 HEALTH AND WELFARE PLANS; RETIREMENT PLAN ..................................................... 15 17 SAFETY.................................................................................................................................... 19 18 DISCIPLINARY ACTIONS...................................................................................................... 19 19 SPECIAL PROVISIONS .......................................................................................................... 20 20 PAST PRACTICES.................................................................................................................. 22 21 SEPARABILITY OF PROVISIONS..................................................................................... 22 22 DURATION.............................................................................................................................. 22 APPENDIX A -SALARY .................................................................................................................24 APPENDIX B- DEFERRED COMPENSATION PLAN.........................................................27 SIDE LETTER OF AGREEMENT....................................................................................................28 Behnont/MMCEA MOU 2025-2028
Belmont/MMCEA MOU 2025-2028
3 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BELMONT
AND MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES ASSOCIATION
OF THE CITY OF BELMONT
The Mid-Management/Confidential Employees Association of Belmont and representatives of the City of Belmont have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit listed in Appendix A, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq) and has been jointly prepared by the parties.
This Memorandum of Understanding shall be presented to the Belmont City Council as the joint recommendation of the undersigned parties for salary and employee benefit adjustments effective upon Council adoption of a successor agreement unless otherwise specified herein, and all other terms and conditions for the period commencing January 1, 2025. This Agreement shall expire at midnight on December 31, 2028.
1 Recognition
1.1 City
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Belmont, hereinafter referred to as the "City," in employer-employee relations.
1.2 Association
The Mid-Management/Confidential Employees Association, hereinafter referred to as the "Association," is recognized as the majority representative, as provided in the City's Employer- Employee Relations Ordinance, for all employees assigned to the classifications set forth in Appendix A, which is attached hereto and made a part hereof.
2 Association
2.1 Dues
The Association may have the regular dues of its members within the unit deducted from the employee's pay checks. The City shall rely on a written certification from a duly authorized Association official requesting a deduction or reduction from employees' salaries or wages confirming that the Association has and will maintain individual signed employee authorizations affirmatively consenting to dues deductions consistent with the law. After providing the required certification, the Association shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization.
Based on the certification from the Association described above, the City shall deduct, monthly, the amount of Association regular and periodic dues and fees, insurance premiums, and any special membership assessments as may be specified by the Association under the authority of an authorization card furnished by the Association. Dues deduction for any individual shall be made only upon the written request of the Association.
Belmont/ MMCEA MOU 2025-2028
4 The deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Association office, at the address specified by the Association.
The unit member's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions authorized by this Section. When a unit member is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in pay status during that period. If a unit member is in a non-pay status during a part of the pay period, and that unit member's salary is not sufficient to cover the full withholding, the City shall not deduct Association dues. All other required deductions have priority over the Association dues and unit member organization deduction.
Dues deductions may be revoked only pursuant to the terms of the employee's written authorization.
The City shall direct employee requests to cancel or change deductions, and any other inquiries regarding dues, to the Association. As required by state law, the City shall rely on a written certified list provided by a duly authorized Association official regarding whether deductions for the Association were properly canceled or changed.
2.3 Indemnification
The Association shall indemnify and hold harmless the City, its officers and employees, from and against any and all loss, damages, costs, expenses, claims, attorney fees, demands, actions, suits, judgments, and other proceedings arising out of any action relating to this Section. The Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.
2.4 Development of Law
In the event any portion of the California Government Code is amended to address the transfer of monies between the Association and the City, the parties will reopen this section of the MOU to meet and confer regarding the change in law upon written request of either party.
2.5 Government Code Provisions Incorporated by Reference The parties incorporate by reference the provisions of Government Code sections 1150-1157.12.
2.6 Bargaining Unit Member Contact Information
The City shall provide the Association with a list of names and contact information (listed below) for any newly hired unit member within 30 days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Association a list of all unit member names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
Employee name,
Job title,
Department,
Work location,
Home address, and
Work, home and personal telephone numbers and personal email addresses on file with the City.
2.7 Association Access to New Employee Orientation
The City will provide the Association President not less than ten (10) days' notice of the hiring of new employees into the bargaining unit. If a bargaining unit member's first day or work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.
The City will allow an Association member representative and/or an outside Association labor representative to meet for up to thirty (30) minutes with the new unit member not less than 10 days after the first date of employment in order to provide information and materials about the MOU and related matters. No representative of City management shall be present during the Association's presentation. A bargaining unit Belmont/ MMCEA MOU 2025-2028
5 member attending the onboarding orientation meeting as the Association representative shall be given paid release time sufficient to cover the Association's thirty (30) minute presentation and related travel time. The Association will provide the Human Resources Department with the name of any bargaining unit member who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.
2.8 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if it is affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, as the Association shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City management determines that an ordinance, rule resolution or regulation must be adopted immediately without prior notice or meeting with the Association, City management shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. 3 No Discrimination
The Association and City agree not to engage in discrimination and unlawful employment practices under the California Fair Employment and Housing Act (FEHA) and City of Belmont Personnel Rules and Regulations.
4 Representative Rights
4.1 Employee Representatives for Grievances
Reference is made to "Rule 16, Grievance Procedure," to be found in the City of Belmont's Personnel Rules & Regulations," which Rule is herein embodied by reference.
4.2 Association Activities
Solicitation of membership and activities concerned with the internal management of the Association, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours unless approved in advance by the City Manager or his designated representative.
5 Salary Plan
5.1 Paychecks and Pay Period
All paychecks will be delivered on payday through direct deposit or paper check. Errors resulting in a paycheck that is less than the employee regularly receives shall be corrected as soon as possible and the employee made whole. If immediate resolution is not possible, the Association shall be notified. In cases involving confidential medical information or garnishments the Association shall be notified at the request of the employee.
5.2 Salaries
The salary ranges for represented classifications shall be:
Effective the first full pay period in January 2025, the rate of pay for all job classes shall be increased by four (4%) as set forth in Appendix A.
Effective the first full pay period in January 2026, the rate of pay for all job classes shall be increased by an across the board increase to base salary for all bargaining unit classifications equal to a percentage movement of the San Francisco-Oakland-Hayward, California CPI – U October 2024 to 2025 (urban) with a minimum of three percent (3%) and a maximum of five percent (5.0%).
Belmont/ MMCEA MOU 2025-2028
6 Effective the first full pay period in January 2027, the rate of pay for all job classes shall be increased by an across the board increase to base salary for all bargaining unit classifications equal to a percentage movement of the San Francisco-Oakland-Hayward, California CPI – U October 2025 to 2026 (urban) with a minimum of three percent (3%) and a maximum of five percent (5. 0%).
Effective the first full pay period in January 2028, the rate of pay for all job classes shall be increased by an across the board increase to base salary for all bargaining unit classifications equal to a percentage movement of the San Francisco-Oakland-Hayward, California CPI – U October 2026 to 2027 (urban) with a minimum of three and a half percent (3.5%) and a maximum of five percent (5.0%).
5.3 Step Increases
The City and the Association recognize that represented employees should have the opportunity to move through their salary ranges based on performance and length of service. Toward this end, employees who maintain acceptable performance levels shall be eligible for annual step increases as follows.
Each classification shall have six steps with five percent (5%) between each step.
Annual step increases will become effective on the employee's anniversary date and will be based upon an overall evaluation of"Meets Standards" or better. Every effort shall be made to complete an employee's evaluation on or before his/her anniversary date. In the event the evaluation is completed after the employee's anniversary date, the employee will receive his/her step increase retroactive to his/her anniversary date.
When warranted, the City Manager may deem a salary step adjustment in advance of an employee's anniversary date.
Employees may be eligible to receive two step increases at one time based upon an overall performance rating of "Outstanding" and City Manager approval. (See performance evaluation for the requirements for an "Outstanding" performance rating.")
Within six months of the ratification of this contract there shall be formed a labor management subcommittee to assist in the creation of a new evaluation form to replace the current outdated form used for MMCEA covered employees
5.4 Performance Report Appeal
Within five (5) days after a performance report meeting between the employee and supervisor or department head, an employee may request, in writing, a review of the report by a reviewer. The City and the Association will mutually agree on a reviewer. Within five (5) days after said review, the reviewer shall either accept the original report, a modified report, or cause a new report to be prepared which shall be entered into the personnel file as the official report. The official report shall bear the reviewer's signature. The decision of the reviewer shall be final and binding, and not subject to further appeal.
5.5 Surveys
The parties agree that the City will conduct a salary survey and use the survey cities of Burlingame, Foster City, Los Altos, Los Gatos, Menlo Park, Millbrae and San Carlos for the purpose of applying equity adjustments in July of 2028.
On or about December 1, 2027, the City will conduct the above salary survey and share the results with the MMCEA.
In January 2028, after the application of the fourth-year increase (January 2028), if the salary survey shows that any of the classifications are four percent (4.0%) or more below the median, these classifications will be adjusted to within four percent (4.0%) of median.
Equity Adjustments that are needed to move all classifications that are below median to within four percent Belmont/ MMCEA MOU 2025-2028
7 (4.0%) of median shall occur no later than July 1, 2028. 6 Probationary Period
An employee's probationary period may be extended for a period of up to six (6) additional months. Written notification of such extension will be provided to the employee and the Association.
6.1 Nature, Purpose and Duration
The probationary period shall be an essential part of the examination process, and shall be utilized for the most effective adjustment of a new employee and for the elimination of any probationary employee whose performance is not satisfactory.
For employees in the group hired after October 1, 2021, and for the duration of the MOU, there shall be a minimum of two performance reviews prior to the 11th month of the probationary period for both new and promotive employees.
The City Manager may terminate a probationary employee at any time during the probationary period without right of appeal, except as provided by applicable laws, in any manner and without recourse to the procedures provided in Section 4 hereof, except when the employee alleges and substantiates in writing that the termination was due to discrimination prohibited by city, state or federal statutes or regulations. If discrimination is alleged, the appeal or grievance shall be decided solely on the basis of whether or not the termination was due to discrimination; and unless it is determined that there was discrimination, the person or persons hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. In the case of rejections during the probationary periods, employees shall be given written notice, with reasons therefore, at once.
The probationary period for all new employees shall be twelve (12) months from the date of appointment.
6.2 Promotional Probation
An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee is discharged during the promotional probationary period, the employee shall not be entitled to such reinstatement rights. 7 Transfer, Promotion, Employment Lists
7.1 Transfer
No employee shall be transferred to a position for which he/she does not possess the minimum qualifications.
Upon approval by the City Manager, an employee may be transferred by the Department Head at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties and requires substantially the same basic qualifications. If the transfer involves a change from one department to another, both Department Heads must consent thereto, unless the City Manager orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement or reduction, each of which may be accomplished only as provided in the City's rules and regulations. Each transfer shall not result in the loss to the employee of any accumulated leave, such as vacation and sick leave, nor shall it affect the employee's length of service with the City.
7.2 Promotion
Insofar as is consistent with the best interests of the City, all vacancies in the competitive services shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established.
7.3 Time Off for Examination
Belmont/ MMCEA MOU 2025-2028
8 Promotional examinations scheduled by the City during an employee's regular working hours may be taken without any loss in compensation.
8 Layoff and Reemployment
8.1 Layoff
Whenever in the judgment of the City Council it becomes necessary in the interest of the economy or because the necessity for a position no longer exists, the City Council may abolish any position of employment in the city service, or reduce the number of hours for any position in the city service, and the employee holding such position of employment may be laid off, either partially or completely, without taking disciplinary action.
8.2 Notice of Layoff
Except in cases of emergency, the City Manager shall notify, in writing, the employee and the Association of the proposed action and reasons therefore at least twenty-eight (28) calendar days in advance of such action.
A copy of this Section 8, Layoff and Reemployment, shall be attached to the written notice. The City will offer to meet and confer with the Association regarding the impacts of specific layoffs.
8.3 Grievance of Layoff
An employee who receives notice of a specific action under the layoff procedure and believes that the layoff procedure has not been correctly applied in the employee's case, may appeal as provided in the grievance procedure. The decision itself to lay off shall be specifically excluded from the grievance or any other appeal procedure.
8.4 Order of Layoff
Employees shall be laid off in inverse order of their length of service in a classification. Length of service is the amount of combined regular or probationary service in the classification affected and any former classification that the employee may have held with the City. If two or more employees have the same length of service, the order of layoff will be determined by the City Manager.
8.5 Displacement Rights
(A) An employee who has received a notice of layoff may elect, in lieu of layoff, to be reassigned to a position in a lateral or lower related classification within his/her department, provided that in order to displace the employee with less service the laid off employee must, in the opinion of the Human Resources Director, meet the minimum qualifications of the classification into which he/she is displacing.
The laid off employee may also displace a less senior employee in another department, provided that the laid off employee has held regular status in that classification and performed in a satisfactory manner. (B) If the employee is unable to displace an employee with less seniority as described in (A) he/she may accept a voluntary transfer or demotion to a vacant position in a lateral or lower related classification in which no previous service has been rendered provided that, in the opinion of the Human Resources Director, the employee meets the minimum qualifications of the classification. If two (2) or more employees request to transfer or demote into the same vacant position as described herein, the employee with the highest seniority, as defined in this Section 8, will have his/her request granted. (C) Employees requesting to exercise their right to displace into a classification as provided in (A) or (B) above must make such request to the Human Resources Director in writing within five (5) calendar days of their receipt of written notice of layoff. Failure to comply with the deadline provided herein shall be deemed a waiver of the displacement rights provided in this Section 8. Should the Human Resources Director determine that the laid off employee does not meet theminimum qualificationsforthe classification into which the employee requests to be reassigned, such decision may be appealed to the City Manager. The decision of the City Manager may be appealed to an Adjustment Board comprised of one person designated by the Association, one person designated by management, and a third person who shall be selected by the first two Adjustment Board members. The decision of the Adjustment Board shall be final and not subject to further appeal through the grievance process.
Belmont/ MMCEA MOU 2025-2028
9 (D) Employees laid off as a result of another employee's exercise of displacement rights shall be entitled to a minimum notice period of fourteen (14) calendar days. (E) When an employee chooses to displace into a position in a lateral or lower related classification, said employee must accept the salary, hours and working conditions of the position. If the employee's salary prior to displacement is within the salary range of the lateral or lower related classification into which the employee is displacing, the employee will retain the salary held prior to displacing, even if that places the employee's salary between steps in the new salary range. If the employee's salary prior to displacing is above the top of the range of the lateral or lower related classification, the employee's salary will be placed at the top of the salary range of the lateral or lower related classification. Employees who accept a voluntary transfer or demotion as described in (B) shall serve a probationary period of twelve (12) months. (F) If an employee chooses to displace into a position in a lateral or lower classification within the same department, he/she shall have the right to displace first into the highest lateral or lower classification.
If an employee chooses to displace into a position in another department, ifsuch employee held regular status in more than one classification, he/she shall have the right to displace first into the highest classification in which regular status was previously held. Highest classification shall be defined as the classification with the highest top step in the salary plan in effect at the time of layoff. (G) Seniority for the purpose of exercising the displacement rights provided in this Section is defined as the total cumulative number of years of probationary and regular service with the City of Belmont beginning with the worker's first date of employment with the City. (H) Employees may elect to be laid off in lieu of displacement. Accepting such a layoff does not affect the employee's reemployment rights under this Agreement. (I) At the time of a layoff, employees who were previously members of the Bargaining Unit (e.g., who subsequently promoted out of the unit) shall have all the rights described in Section 8. (J) A part-time regular employee may only displace into a part-time position in a lateral or lower related classification in accordance with the provisions of this Section. (K) A full-time regular employee may displace into a full-time or part-time position in a lateral or lower related classification in accordance with the provisions of this Article.
8.6 Re-employment
(A) The names of employees laid off shall be placed on a reemployment list from most senior to least senior. The employee with the greatest seniority on the reemployment list, including those who exercised their displacement rights or who took a voluntary demotion, shall be offered reinstatement in a vacant classification for which said employee meets the minimum qualifications. In the event the employee refuses two (2) offers of reemployment, said employee's name shall be removed from the reemployment list. The employee's name shall not be removed from the reemployment list if said employee refuses reemployment into a classification that is lower than the highest classification held by the employee. In hiring for a vacant position in a classification, such reemployment list shall take precedence over all other employment lists.
(B) Any employee who accepts an offer of reemployment to the highest classification he/she would have been entitled to at the time of layoff shall have his/her name removed from the reemployment list. (C) Any employee who is laid off and is subsequently eligible for reemployment shall be notified by the City by certified mail to the last address given the City by the employee, of any vacancies for which he/she is eligible. Employees so notified shall respond within seven (7) working days of the date notice is sent. Copies of all such reemployment notices together with a listing of employees to whom they were sent shall be sent to the Association.
Belmont/ MMCEA MOU 2025-2028
10 (D) The names of employees who exercise their right to displace into a classification as provided in Section 8.5(A) or (B), and the names of employees whose layoff results in unemployment from the City shall remain on a reemployment list for a period of one (1) year. This one (1) year period shall commence upon the date the employee begins his/her service in the lower/lateral classification into which he/she displaced as defined in Section 8.5(A) or (B), or upon the date unemployment from the City begins. (E) Any employee rehired as defined in Section 8.6 shall serve a probationary period of no more than twelve (12) months, unless the reemployed employee has prior service in the classification into which he/she is being rehired.
9 Resignation and Reinstatement
9.1 Resignation
An employee wishing to resign from employment in good standing shall file with the Department Head at least two (2) weeks' notice of an intention to leave City service unless a shorter period of time is agreed upon between the employee and the Department Head. The written resignation shall state the effective date and the reasons for leaving.
9.2 Reinstatement
A regular or probationary employee who has resigned in good standing may be reinstated by the City Manager, upon recommendation of the Department Head to a vacant position of the same class as the previous position held within a period of one (1) year from the effective date of such resignation. A new probationary period may be required.
10 Reallocation of Position
An employee in a position reallocated to a lower classification shall have the right of either (1) transferring to a vacant position in the employee's present classification in the same or another department, provided both the City Manager and the Department Head of the department into which the transfer is proposed agree, or (2) continuing in the same position in the lower classification at a Y rate of pay when the incumbent's pay is higher than the maximum step of the schedule for the lower classification. Such Y rate of pay shall be discontinued when the incumbent ceases to occupy the position or whenever the maximum pay of the salary assigned to the lower classification equals or exceeds such Y rate. The Y rate provisions of this Section shall not apply to layoffs, demotions, or other personnel actions resulting in an incumbent moving from one position to another.
11 Hours of Work, Administrative Leave, Compensation Time
11.1 Hours of Work
The standard work week for employees occupying full-time positions consists of forty (40) hours per week unless otherwise specified by the City. An alternate work schedule (9/80 or 4/10) may be approved by the City Manager. An employee requesting such an alternate schedule must submit a plan to the department head describing in detail the specific schedule and the anticipated impact on the City's operations. An employee requesting such an alternate schedule must submit a plan to the department head describing in detail the specific schedule and the anticipated impact on the City's operations. The employee's request will be responded to in writing within thirty (30) days of the date of submittal. The City will remain open for business Monday through Friday from 8:00 AM until 5:00 PM and will continue to provide a high level of service to the citizens of Belmont. The decision of the City Manager shall be final and not subject to the Grievance Procedure.
11.2 Administrative Leave
In recognition of the demands placed upon members of this unit who are identified as FLSA exempt or Management personnel and are required to work outside of the normal work week, eighty (80) hours Belmont/ MMCEA MOU 2025-2028
11 of administrative leave shall be granted to all such employees on January 1 of each calendar year.
Administrative leave must be used in the calendar year in which it was granted and may not be carried over into a subsequent calendar year or paid out upon termination.
Up to twenty-four (24) hours of unused administrative leave may be converted to vacation hours annually at the end of each calendar year.
In recognition of the amount of time Police Captains and Police Lieutenants are required to be on call, one hundred and four (104) hours of administrative leave shall be granted to such employees on January 1 of each calendar year. Administrative leave must be used in the calendar year in which it was granted and may not be carried over into a subsequent calendar year or paid out upon termination.
All employees, in the bargaining unit who receive administrative leave, may cash out up to twentyfour (24) hours of unused administrative leave at the conclusion of the calendar year at the employee's option.
11.3 Overtime
Authorized work performed by member of this unit who are identified as FLSA non-exempt employees in excess of forty (40) hours in one (1) week shall constitute overtime. All compensable overtime must be authorized by the department head or the department head's designated representative in advance of being worked. If prior authorization is not feasible because of emergency condition, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked. An employee required to work in excess of the regularly scheduled hours of work shall be compensated for each overtime hour worked at the rate of one and one-half (1-1/2) times the employee's base rate of pay. IfFLSA overtime amount is higher, the employee shall receive the FLSA overtime.
Payment for overtime worked will be either cash or compensatory time off upon mutual agreement of the department head and the employee, subject to the availability of funds and with consideration of the employee's current accumulation of compensatory time off. Compensatory time-off will be taken at a time agreeable to the employee and his/her supervisor. Employees may accumulate a maximum of 80 hours of compensatory time off; overtime hours accumulated in excess of 80 hours of compensatory time off will be paid as overtime pay at the rate of one and one-half times the employees' base rate of pay.
The above provision for overtime shall be granted in accordance with the state and federal law. 12 Holidays
12.1 Authorized Holidays
The holidays to be observed by this Association are as follows:
New Year's Day
Martin Luther King Jr.'s Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Friday after Thanksgiving
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July4
First Monday in September
Second Monday in October
November 11
Fourth Thursday in November
December 25
Belmont/ MMCEA MOU 2025-2028
12 In addition to the above-listed holidays, employees shall receive two (2) Floating Holidays to be taken after one (1) year of service, at any time mutually convenient to the Department Head and the employee, and every day proclaimed by the President of the United States, Governor of California, or Mayor of this City as a public holiday. Floating holidays will only be usable as time off and may not be paid out upon separation from City service. Floating Holidays must be used in the calendar year in which they are accrued and may not be carried over into a subsequent calendar year.
When a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the previous Friday shall be observed. If the holiday falls on an employee's regular scheduled time off, compensatory time shall be granted.
Either the day before Christmas or the day before New Year's Day shall be a holiday, the specific day to be determined by mutual agreement between the employee and the Department Head, and the employee shall not be required to be on duty unless the Department Head has so indicated.
12.2 Holiday During Vacation
In the event any of the holidays specified in Section 12.1 above occurs while an employee is on vacation, the holiday shall not be charged to vacation. 13 Vacation Leave
13.1 Vacation Allowance
Regular full-time employees shall be entitled to vacation leave as follows:
Hours Accrued
Length of Service Days of Vacation Per Month of Service From hire to 4 years
4 or more years
5 or more years
6 or more years
7 or more years
8 or more years
9 or more years
14 or more years
10 days
15 days
16 days
17 days
18 days
19 days
20 days
22 days
6-2/3 hours
10 hours
10-2/3 hours
11-1/3 hours
12 hours
12-2/3 hours
13-1/3 hours
14-2/3 hours
Belmont/ MMCEA MOU 2025-2028
13 New Lateral Appointments
With City Manager approval, the City can offer new lateral hires vacation allowance and/ or accrual at a rate higher than that specified above. The vacation allowance/ accrual cannot be higher than that provided for 15 years of service in the current MOU.
13.2 Vacation Accumulation
In the event an employee is unable to take all of the vacation leave to which the employee is entitled in a calendar year, the employee shall be permitted to accumulate the unused portion, provided that the accumulated time does not exceed two times the employee's annual allowance unless an extension is granted by the City Manager due to exceptional circumstances. Employees who have reached their accrual limit will not accrue any additional vacation unless and until their accrued vacation is below their accrual limit.
In calendar year 2022 only, an employee who has accrued vacation as of the date of ratification for this successor MOU to at or above 80% of the vacation accrual limit set by Section 13.2 may elect to convert up to 32 hours accrued in calendar year 2023 to cash at the employee's base rate of pay at the time of conversion. The election must be made no later than December 20, 2022 on a form provided by Human Resources. The City will perform the elected conversion at the same time as other elected annual conversions in 2023.
13.3 Pay Upon Termination
Employees who leave City service shall be paid straight-time salary for all accrued vacation leave earned on or before the effective date of termination.
13.4 Vacation Scheduling
The time during a calendar year at which an employee may take vacation shall be at the discretion of the Department Head. Length of service shall be given consideration when giving preference as to vacation. 14 Sick Leave
14.1 Accrual and Usage
Sick leave, with pay, shall be granted to all full-time regular and probationary employees. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual personal or family sickness or disability. An employee taking sick leave may be required to file a physician's certificate or personal affidavit with the Department Head stating the cause of the absence.
For purposes of computing sick leave, one (1) day shall be considered as eight (8) working hours. In the event that one or more City holidays falls within a period of an employee's illness on sick leave, such holiday shall not be charged against the employee's sick leave balance. Sick leave shall be earned at the rate of one (1) day of each calendar month of service.
Up to 80 hours of the unit member's current year's accrual of sick leave may be used in the case of illness or injury to a member of the unit member's immediate family member, as defined in the California Family Rights Act ("CFRA"). Such usage shall be subject to verification at the City's request.
14.2 Accumulation
Unused sick leave shall be accumulated to a total of not more than 200 days (1,600 hours). An employee who is off on sick leave will continue to accumulate authorized benefits. An employee who is on leave without pay shall not accumulate sick leave credits.
Belmont/ MMCEA MOU 2025-2028
14 14.3 Workers' Compensation --Integration with Sick Leave In the event that an employee chooses to integrate accumulated unused sick leave with Workers' Compensation and Workers' Compensation payments cover all or part of the period during which sick leave benefit was payable for said period, the unused portion of accumulated sick leave will continue to be credited to the employee.
14.4 Pay for Unused Sick Leave Upon Separation from City Service Retirement
Upon retirement from the City of Belmont, employees with an unused sick leave balance may exercise one or both of the following options. Once hours are applied to one option they may not be applied to the other. • Convert all or a portion of their unused accrued sick leave days at the time of retirement to additional PERS service credit in compliance with PERS regulations. • Receive compensation for unused accrued sick leave days, up to a maximum of two hundred (200) days, based on years of service as follows:
Years of Service
5 to 9 years
10 or more years
Percentage of Sick Leave Days
25%
50%
For the purposes of this section, retirement will be defined asreceiving a PERS retirement benefit.
Death
Upon the death of an employee actively employed by the City, the City shall compensate the employee's PERS designated beneficiary(ies) with a percentage of the deceased employee's accrued unused sick leave based on years of service as follows:
Years of Service
5 to 9 years
10 or more years
Percentage of Sick Leave Days
25%
50%
15 Other Leaves
15.1 Bereavement Leave
The City will provide up to a maximum of three (3) days of paid bereavement leave in case an employee's presence is required elsewhere because of death affecting the employee's immediate family. The immediate Belmont/ MMCEA MOU 2025-2028
15 family shall consist of family members who qualify for family care and medical leave under the California Family Rights Act, codified in Government Code section 12945.2. Employees can take additional bereavement leave by using other accrued paid time including sick leave, vacation and compensatory time.
15.2 Industrial Disability Leave of Absence
(A) Sworn Management Personnel:
Leave with pay shall be granted for a disability caused by illness or injuring arising out of and in the course of his/her employment, in accordance with Section 4850 of the Labor Code of the State of California. (B) Civilian Personnel:
Leave with pay shall be granted for a disability caused by illness or injury arising out of and in the course of his/her employment, as defined by the Workers' Compensation laws of the State of California, for the period of such disability to a maximum of eighty (80) hours.
During the period the employee is paid by the City, the employee shall endorse to the City any benefit payments received as a result of Workers' Compensation Insurance Coverage. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Workers' Compensation.
The benefits of Sick Leave and Disability Leave shall be mutually exclusive and no sick leave benefits may be used for the purposes specified under this Section.
If the employee's disability caused by illness or injury arising out of and in the course of the employee's employment extends beyond the eighty (80) hours described above, the employee may integrate his/her unused sick leave, vacation leave, and compensatory time-off accruals with the Workers' Compensation payments provided that the sum of the Workers' Compensation payments and paid leave does not exceed the employee's regular rate of pay for said period.
Industrial disability leave may not exceed twelve (12) months and ten (10) days unless extended by the City Manager whose decision shall be final.
The City shall continue to pay the insurance premiums for the employee when an employee is on an industrial disability leave of absence without pay in accordance with this Section.
15.3 Non-Industrial Disability Leave Without Pay
An employee who is disabled by reason of illness or injury which is not job-incurred may be granted a leave of absence without pay so long as such disability continues and is substantiated by a physician's statement. Such leave may be granted only after the employee has used all the employee's accrued sick leave.
At the employee's option, accrued vacation and compensatory time off may be used during the period of such leave.
When such disability is by reason of pregnancy, childbirth or related medical conditions, leave shall be granted in accordance with the Pregnancy Disability Act. The total leave granted shall not exceed twelve (12) months (inclusive of all paid time oft).
Family and medical leave, including disability leave for pregnancy, childbirth or related medical condition shall be granted in accordance with applicable state and federal law.
The total leave granted shall not exceed twelve (12) months (inclusive of all paid time off).
The City shall, for a maximum of 6 months, continue to pay the insurance premiums for the employee when an employee is on a leave of absence without pay as a result of a non-industrial disability in accordance with this Section.
Belmont/ MMCEA MOU 2025-2028
16 15.4 Personal Leave of Absence
The City Manager may grant a permanent employee a leave of absence without pay or benefits for a period not to exceed ninety (90) days. Requests for such leave shall be in writing and shall be approved in advance by the City Manager in writing.
15.5 Jury Duty
An employee summoned to jury duty shall inform his/her supervisor and, if required to serve, may be absent from duty with full pay, provided, however, the employee must remit to the City all fees received except those specifically allowed for mileage and expenses.
15.6 Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law. All employees entitled to military leave shall give the appointing authority an opportunity within the limits of military regulations to determine when such leave shall be taken.
15.7 Seniority Rights and Salary Adjustments While on LOA Authorized leave of absence without pay which exceeds two (2) weeks for (1) leave of absence for personal reasons; (2) leave of absence for non-industrial illness or injury; or (3) leave of absence for industrial illness or injury shall not be included in determining step increases.
Authorized leave of absence without pay which exceeds thirty (30) calendar days for (1) leave of absence for personal reasons; (2) leave of absence for non-industrial illness or injury; or (3) leave of absence for industrial illness or injury shall not be included in determining seniority rights. 16 Health and Welfare Plans; Retirement Plan
16.1 Hospital/Medical Plans
The City will participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) medical plans, as administered by PERS.
The City will provide each eligible employee who participates in a City sponsored medical insurance plan with the minimum employer contribution towards the purchase of medical insurance benefits required under the Public Employees' Hospital and Medical Care Act (PEMHCA).
16.2 Flexible Benefits Plan
16.2.1 Plan Design
The City will offer an Internal Revenue Code Section 125 Plan which contains the components of premium conversion, health care reimbursement account, dependent care reimbursement account, and cash option.
An employee may use Flexible Benefit Plan funds toward the cost of employer-provided health insurance for the employee and eligible dependents.
An employee may use Flexible Benefit Plan funds that may be taken as cash in lieu of medical plan premium contributions for health care reimbursement account, dependent care reimbursement account, or cash option in accordance with Plan procedures.
An employee eligible for alternative group medical insurance may waive the City's medical insurance coverage and select such alternate plan upon proof of such alternate coverage.
16.2.2 City Contribution
City will contribute an amount up to the current CalPERS Region 1 Health Premium for Kaiser Permanente Subscriber & 2+ Dependents ("City Contribution") which may be used as provided in Section
16.2.1. Belmont /MMCEA MOU 2025-2028
17 16.2.3 Cash Option
Employees may elect to receive cash as an option as follows. (1) Employees hired before October 1, 2012 ("Tier I Employee"). (A) Tier I Employees may elect to receive in cash the difference of the City Contribution minus the premium amount of any health insurance plan elected, if the difference is greater than zero, up to a maximum monthly amount of $1,287.07. (B) Once the reduction in maximum monthly cash amount in 16.2.3(1)(A) is effective as provided in 16.2.3(2), for any Tier I Employee who has waived the City's medical insurance as of the effective date of this MOU for plan year 2022, the employee will receive $150.07 per month in deferred compensation ("Additional Deferred Compensation Contribution"). Such compensation shall not be a vested benefit. In the event such an employee later elects to be covered by the City's medical insurance, the employee will no longer receive the Additional Deferred Compensation Contribution. (C) Effective the first payroll of January 2023, Tier I Employees may elect to receive in cash the difference of the City Contribution minus the premium amount of any health insurance plan elected, if the difference is greater than zero, up to a maximum monthly amount of $1,137.00
(D) For any Tier I Employee who continues to waive coverage as of January 1, 2023 for plan year 2023, the employee will receive an additional $150.07 per month in deferred compensation (for a total of $300.14). Such compensation shall not be a vested benefit.
In the event such an employee later elects to be covered by the City's medical insurance, the employee will no longer receive Additional Deferred Compensation Contributions.
(E) After the effective date of this MOU, any Tier I Employee who changes coverage status (i.e. from waiver to coverage, coverage to waiver, or increase/decrease in level of coverage) may elect to receive in cash the difference of the City Contribution minus the premium amount of any health insurance plan elected, if the difference is greater than zero, up to a maximum monthly amount of $600.00.
(2) To the extent the maximum monthly cash amounts for Tier 1 Employees set forth in 16.2.3(1) represent a reduction from the maximums set forth in the prior MOU, such reductions in the maximums shall only occur when the same or lower maximums are established for unrepresented employees.
(3) Employees hired on or after October 1, 2012 ("Tier 2 Employee") who waive medical insurance coverage as provided in Section 16.2.1 may elect to receive in cash $389.94 per month.
16.3 Commuter and Transit Benefit
The City will continue to provide an Internal Revenue Service 132 pre-tax commuter and transit benefit.
16.4 Dental Plan
The City will provide dental coverage to all employees and their eligible dependents. Employees will be responsible for Five Dollars ($5.00) of the monthly premium if covering their spouse and Ten Dollars ($10.00) of the monthly premium if covering their family. These amounts will be deducted from the employee's paycheck.
The annual dental coverage amount is two-thousand dollars ($2,000) for each participant, and the lifetime orthodontia coverage amount is two-thousand dollars ($2,000) for each participant.
Belmont MMCEA MOU 2025-2028
18 Within Six months of the ratification of a new contract, a labor management subcommittee will meet to review dental plan options, including the plan that the BPOA has.
16.5 Vision Plan
The City will contribute a maximum of thirty dollars ($30) per month per employee to VSP vision plan.
16.6 Life and Accidental Death & Dismemberment Insurance The City shall provide life and accidental death and dismemberment insurance in the amount of $75,000 for all employees in the bargaining unit.
16.7 Disability Insurance
(A) Long Tenn Disability
The City shall provide Long Term Disability Insurance Coverage at no cost to the employee. The amount of insurance shall be based on sixty-six and two-thirds percent (66-2/3%) of the employee's basic monthly earnings, reduced by any deductible benefits.
The City will reclassify the cost of the long term disability insurance to the employee's salary. The employee shall pay the actual monthly cost of the premium on an after-tax basis. (B) State Disability Insurance (SDI)
The City will participate in the California State Disability Insurance Program (SDI). The cost to participate in the program will be paid by employees. Any benefits received under this program will be automatically integrated with any available sick leave and/or Workers' Compensation benefits. Once sick leave is exhausted, employees may integrate SDI benefits with unused vacation leave or compensatory time.
Integrated payments shall at no time exceed the employee's regular rate of pay. (C) Paid Family Leave
Employees receiving Paid Family Leave benefits shall be required to take up to two (2) weeks of earned but unused vacation leave or compensatory time as permitted by state law.
16.8 Retirement
Classic/Legacy employees, hired before December 28, 2012, shall receive a PERS retirement plan, which includes the 2% at 55 formula for miscellaneous employees. The Miscellaneous plan will include the following optional benefits: Credit for Unused Sick Leave; Industrial Disability Retirement for Local Miscellaneous Members; and Fourth Level of 1959 Survivor Benefits.
Classic/Legacy employees hired on or after December 28, 2012, shall have the PERS plan 2%@55 formula with three year average of salary for determination of benefits.
Effective January 1, 2013, employees who qualify as "New members" asthat term is defined by the California Public Employees' Pension Reform Act of 2013 (PEPRA) shall have the benefits that are required by PEPRA, which include, but are not limited to:
■ 2.0% @ 62 formula
■ Three Year Average Final Compensation,
■ Employee contribution to be determined by Government Code Section 7522.30 ■ Stricter limits on reportable compensation (referred to as "pensionable compensation" under PEPRA).
Safety employees covered by this Memorandum of Understanding (MOU) shall have the same retirement plan as provided for in the MOU between the City and the Belmont Police Officers Association.
Employees will pay the full amount of the employee-share of the PERS retirement contribution (7% for miscellaneous employees and 9% for sworn employees) on a before-tax basis in accordance with the IRS Section 414(h2).
Belmont /MMCEA MOU 2025-2028
19 16.9 Retiree Health Benefits
(A) Retirees with Five Years of Service
An employee who retires in accordance with PERS regulations after five (5) years of continuous employment with the City of Belmont shall be eligible to participate in the PERS health care program. The City will contribute to PERS the mandated minimum employer contribution for such health plan participation. (B) Retirees with Twelve (12) Years of Service
An employee who retires in accordance with PERS regulations after twelve (12) years of continuous employment with the City of Belmont shall be entitled to monthly reimbursement of the expenses he or she incurs for hospital and medical care premiums for his or her individual coverage only. (C) Retirees after July 1, 2001
An employee who retires after July 1, 2001 and who retires in accordance with (B) above shall be entitled to monthly reimbursement of hospital and medical care premiums up to a maximum of the amount paid by the City of Belmont for single employee coverage under the Kaiser Health Care Plan. (D) Employees Hired after October 1, 2012
1. Notwithstanding (B) and (C) above, employees hired after October 1, 2012 shall be entitled to the following benefits. The City shall participate in the CalPERS Health Plan as governed by the Public Employees' Medical and Hospital Care Act (PEMHCA), and provide the minimum PEMHCA contribution for retirees as required by law.
2. Additionally, the City shall contribute the following to a Retirement Health Savings account based on the years of service with the City.
Years of Service Monthly Contribution
Years 1-5 $150.00
Years 6-10 $200.00
Years 11-15 $250.00
Years 16 and thereafter $300.00
3. Employees shall be vested in the Retiree Health Savings Plan after ten (10) years of continuous service with the City.
(E) A retiree shall be entitled to participate in the City's dental plan at his or her own cost.
16.10 Deferred Compensation
The City shall contribute monthly sums to each employee's account pursuant to the existing City of Belmont's Deferred Compensation Plan as set forth in Appendix B, which is attached hereto and made a part thereof.
16.11 Catastrophic Leave Program
A permanent employee may be eligible to receive donations of paid leave other than sick leave, to be included in the recipient employee's sick leave balance if she/he has suffered a catastrophic illness or injury which prevents the employee from being able to work. Catastrophic illness or injury is defined as a critical medical condition considered to be terminal, a long-term major physical impairment or disability. The recipient employee, recipient employee's family, or other person designated in writing by the recipient employee must submit a request to the City Manager. The recipient employee is not eligible so long as she/he has paid leaves available; however, the request may be initiated prior to the anticipated date leave balances will be exhausted.
(A) A medical verification of eligibility for FMLA (Section 16.10) must be provided by the recipient employee.
(B) A recipient employee is eligible to receive ninety (90) working days of donated time per Belmont MMCEA MOU 2025-2028
20 employment. Requests for exception to this limit may be submitted to the City Manager whose decision shall be final.
(C) Donations shall be made in four (4) hour increments and are irrevocable. The donor employee may donate vacation up to any amount so long as the donor employee retains at least eighty (80) hours of vacation. Compensatory time may also be donated without limit on the amount. Sick leave may not be donated.
(D) Time donated will be converted from the type of time donated to sick leave and credited to the recipient employee's sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee. All sick leave provisions will apply.
(E) Time donated in any pay period may be used in the following pay periods. No retroactive donations will be permitted.
(F) The determination of the employee's eligibility for Catastrophic Sick Leave donation shall be at the City Manager's sole discretion and shall be final and non-grievable.
16.12 Domestic Partner Coverage
The City will provide medical coverage for Domestic Partners in accordance with PERS definitions and regulations. The City will provide domestic partner dental, and vision care coverage to the extent and in the manner in which the health plan carriers allow for the domestic partner's enrollment. For the purposes of providing dental and vision coverage, the domestic partner of the employee shall be defined as an unmarried person, regardless of gender, who resides with the employee and shares the common necessities of life. In a domestic partnership neither partner is married to another; both are at least 18 years of age; are not related by blood so close as to bar marriage; are mentally competent; and are each other's sole domestic partner, intend to remain so indefinitely, and are responsible for their common welfare. Domestic partners will be required to complete, sign, and file with the City an "Affidavit of Domestic Partnership." No person who has filed an Affidavit of Domestic Partnership may file anothersuch affidavit until six months after a statement of termination of the previous partnership has been filed with the City. 17 Safety
17.1 Observance of Safety Rules and Regulations
Both the City and the Association shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement to conduct efficient operations. Each employee covered by this Memorandum agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of or who is a witness to an accident shall, if requested, give full and truthful testimony to the same.
17.2 Safety Equipment
The City shall continue to supply employees with safety equipment required by the City and/or CAL OSHA.
All employees shall use City-supplied safety equipment only for the purposes and uses specified under applicable safety rules and regulations.
Belmont /MMCEA MOU 2025-2028
21 18 Disciplinary Actions
The City Manager or Department Head may discipline, which may include but not be limited to suspension, discharge, or demotion of employees for cause. The action imposed upon an employee may be processed as a grievance pursuant to Rule 16, Personnel Rules and Regulations, per City Council Resolution 9486. 19 Special Provisions
19.1 Uniform Allowance
Any member of the Mid-Management/Confidential Employees Association who is a sworn police officer with the Belmont Police Department shall receive an annual uniform allowance equivalent to that received by a sworn police officer as specified in the Belmont Police Officers Association M.O.U., and as adjusted each year.
Effective each fiscal year, Public Works Field Supervisors will receive reimbursement up to two hundred and fifty dollars ($250) for the purchase of City approved uniforms and/or cold weather gear.
19.2 Safety Shoes
Employees required by their Department Head, to wear safety shoes will be reimbursed for the cost of such safety shoes. The City will pay up to two hundred fifty dollars ($250.00) annually for such safety shoes.
Employees will be responsible for any cost in excess of two hundred fifty dollars ($250.00) for the safety shoes chosen.
19.3 Tuition Reimbursement
The City's administrative policy, as confirmed in Section 20.3 of the Personnel rules and Regulations, regarding tuition reimbursement shall continue for the term of this Memorandum of Understanding and not exceed $1,000 per annum, per employee.
Effective the next pay period after the City Council approves this MOU, by the City Council the $1000 will be increased to $2500 per annum.
19.4 Car Allowance
All employees required to use personally owned vehicles for City business shall be reimbursed at the rate set for automobile use by the Internal Revenue Service.
19.5 Acting Pay
An employee may be assigned by the City Manager or his/her designee, to perform the duties of a higher classification on an acting basis by written notice. Such assignments may be made to cover for an extended absence, a position vacancy, or other extenuating circumstances. An employee assigned to perform the duties of a higher level position on an "acting" basis for a period of ten (10) workdays or more, shall receive "acting" pay retroactive to the first day of such assignment. Such payment shall be at the rate for the first step of the higher classification or at the step which is not less than five percent (5%) more than his/her current pay, not to exceed the top salary step of the higher classification. In the event an employee performing such "acting" assignment is absent from work because of illness or injury for more than five (5) workdays, the City in its sole discretion may terminate the employee's acting assignment designation and the additional compensation provided therefor.
Belmont MMCEA MOU 2025-2028
22 19.6 Maintaining Required Licenses and Certifications Employees who are required to hold and/or obtain a required certification and/or license to perform in a job classification must maintain their license and/or certification at all times during employment in that job classification. Employees are required to notify their supervisor immediately when any required license or certification has expired.
19.7 Economic Hardship
In the event that the City suffers substantial economic hardship during the term of this Agreement, the parties agree to engage in a cooperative dialogue about ways to assist the City in addressing such hardship. "Substantial economic hardship," as used herein, shall include, but not be limited to, a decline in overall General Fund revenues, or an increase in General Fund expenses, of five percent (5%) or more.
Nothing in this paragraph shall preclude or impede the City Council from exercising such additional authority as may be conferred by other provisions of this agreement or by State or Federal law.
This provision is not subject to the grievance procedure.
19.8 Employee Initiated Reclassification Requests
An employee may request in writing a reclassification of his or her position during the month of November of each year. Requests shall be processed through the employee's Department Head and submitted to Human Resources.
Requests must include:
• Detailed justification for the request
• Supervisor's and Department Head's review and comment Human Resources will respond to this request within ninety (90) calendar days of the request by notice to the employee; however this timeline may be extended by mutual agreement. If meetings with the employee are required, the employee may request representation.
If the City determines a reclassification of the position is warranted the reclassification shall be handled through the regular budgetary process and shall be effective the beginning of the next fiscal year.
If the City denies the reclassification request, the City will provide the employee reasons for the denial in writing.
This provision is not subject to the grievance procedure.
19.9 Salary Upon Reclassification
A regular employee who isreclassified will receive the salary set forth below. (A) If reclassified to a classification with the same salary range, the salary will not change. (B) If reclassified to a classification with a higher salary range, the employee will be placed at the lowest step of the new range that results in not less than a five percent increase above the employee's current regular salary.
Upon recommendation of the department head and approval of the City Manager, the employee may be placed at the next higher step.
Belmont /MMCEA MOU 2025-2028
23 (C) If reclassified to a classification with a lower salary range, the employee will be placed within the salary range of the classification to which reclassified, at the step which is lower and closest to the salary the employee was receiving before the reclassification, unless the City Manager approves a y-rate.
19.10 Certification Pay
The City shall provide the Field Services Supervisor with the following certification pay:
■ Collections System Maintenance Grade I - $50 per month ■ Collections System Maintenance Grade II - $100 per month ■ Collections System Maintenance Grade III - $200 per month ■ Collections System Maintenance Grade N - $225 per month ■ Collections System Maintenance Grade V - $250 per month ■ Maintenance (PM) Electrical/fustrumentation Technologist Grade III - $200 per month Employees are eligible to receive one certification pay at a time regardless of how many certifications the employee possess. CWEA certification is capped at $250.00 per month.
Effective the next pay period after adoption of this MOU by the City Council, The City shall provide the Parks & Recreation Employee designated as the City’s Arborist with the following certification pay: ISA Certified Arborist or Board Certified Master Arborist - $350 per month.
The City designated Arborist is eligible to receive one certification pay at a time regardless of how many certifications the employee possesses. Certification is capped at $350.00 per month providing there is no lapse in certification.
Certificate pay shall be paid monthly providing there is no lapse in certification.
19.11 Cellular Phones
The City will provide any employee in the bargaining unit required, in writing by their Department Head, a cellular phone to be used for city business.
19.12 Joint Labor Management Committee
The City and the Association agree that regular communication between the parties leads to more harmonious labor management relations and to the establishment of a trusting relationship. Toward that end, the parties agree to the formation of a Joint Labor Management Committee.
The Joint Labor Management Committee shall be comprised of:
For the Association
Up to three (3) member participants, including two (2) individuals designated by the bargaining unit and, if the Association so chooses, a non-City paid Association Representative.
For the City
Up to three (3) member participants designated by the City.
The Joint Labor Management Committee will meet at the request of either party at a mutually agreeable date and time. Said request to be in writing to the other party and shall provide the topic or topics to be discussed at the time the written request is made.
Belmont MMCEA MOU 2025-2028
24 19.13 Bilingual Pay
When a department head, with the approval of the Human Resources Director, designates an assignment as requiring substantial bilingual skills, an employee in the designated assignment, who has first demonstrated proficiency in the required language that is acceptable to the department head and Human Resources Director, shall be eligible to receive a pay premium of $100 a month. The department head and Human Resources Director retain full discretion to designate or conclude bilingual assignments. The City retains its management right to assign designees to perform bilingual services for other City departments. 20 Past Practices
This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Association.
21 Separability of Provisions
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void, but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect. 22 Duration
This Memorandum of Understanding shall be effective as of January 1, 2025, except for those provisions of the M.O.U. which have been assigned other effective dates as hereinabove set forth and shall remain in full force and effect to and including December 31, 2028 and shall continue thereafter from year to year unless at least sixty (60) days prior to January 1, 2028, or to the first day of January of any subsequent year either party shall file written notice with the other of its desire to amend, modify, or terminate this Memorandum of Understanding.
Belmont /MMCEA MOU 2025-2028
25 In witness whereof, the parties hereto have executed this Memorandum of Understanding this _______________________ day of ________________, 2025
MMCEA CITY OF BELMONT
NEGOTIATION COMMITTEE NEGOTIATION COMMITTEE
__________________________ ____________________________ Mark Leach, Representative Austris Rungis, Chief Negotiator Teamsters Local No. 856 IEDA/City of Belmont
__________________________ APPROVED:
Peter Lotti, MMCEA CITY COUNCIL
CITY OF BELMONT
__________________________
Clyde Hussey, MMCEA
__________________________ ____________________________ Matt Ward, MMCEA By: Afshin Oskoui, City Manager
RATIFIED MMCEA:
_____________________________ ________________________________ By: Pete Lotti, MMCEA President ATTEST: Clerk of the City of Belmont Belmont MMCEA MOU 2025-2028
26 APPENDIX A – SALARY
Belmont /MMCEA MOU 2025-2028
27 APPENDIX B - Deferred Compensation Plan
The City will continue to contribute to the Deferred Compensation Plan on behalf of the classifications listed below in the monthly amount specified.
CLASS TITLE
Accountant I/II/III
Accounting Manager (Controller)
Accounting Services Supervisor
Administrative Assistant
Deputy City Clerk
Deputy Finance Director/Controller
Assistant Civil Engineer
Associate Civil Engineer
Assistant Planner
Associate Planner
Chief Building Official
Assistant Public Works Director/City Engineer
Executive Assistant to the City Manager
GIS Coordinator I/II/ill
Housing Specialist
Human Resources Technician
Management Analyst I/II
Parks Manager
Police Captain
Police Lieutenant
Principal Planner
Public Works Field Supervisor
Public Works Services Manager
Recreation Program Coordinator
Recreation Manager
Recreation Supervisor
Senior Civil Engineer
Senior Planner
Technology Specialist I
Technology Specialist II
Technology Specialist III
DEFERRED
COMPENSATION
CONTRIBUTION
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
$335.00
Belmont MMCEA MOU 2025-2028
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