Berkeley City Council
December 3, 2024

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 47 17.7 Return from Leave
An employee who has returned from extended military leave or any other extended leave of absence without pay or who has been reemployed or reinstated shall be entitled, during the calendar year in which the employee returns to the City service, to a prorated vacation based upon the total years of service with the City and upon the total actual service with the City during the said calendar year. For succeeding calendar years, vacation shall be as provided in this Section 17 (Vacation).

17.8 Computation of Vacation Leave upon Termination, Extended Military Leave or Other Extended Leave of Absence Without Pay
If after six (6) months of continuous service, an employee is terminated, or is granted an extended military leave or other extended leave of absence without pay, such employee or his/her estate shall be paid for vacation credits in excess of the actual amount of vacation leave taken or such employee or his/her estate shall reimburse the City for the actual amount of vacation leave taken in excess of vacation leave credits as the case may be.

Upon termination, extended military leave or other extended leave of absence without pay, vacation leave credits shall be totaled, and the actual amount of vacation leave taken, including any that may have been taken during the year in which the termination, extended military leave or other extended leave of absence without pay occurs, shall be deducted from the total credits. If the credits exceed the actual amount of vacation leave taken, such employee or his/her estate shall be paid for the excess of the credits on the basis hereinafter set forth. If the actual amount of vacation leave taken exceeds the credits, such employee or his/her estate shall reimburse the City on the same basis.

The basis for such payment by the City or for such reimbursement to the City shall be as follows:

The employee's monthly salary at date of termination, extended military leave or other extended leave of absence without pay, divided by thirty (30) and multiplied by the excess of credits over vacation leave actually taken or excess of vacation leave actually taken over credits, as the case may be.

At the time of termination, extended military leave or other extended leave of absence without pay, or as soon thereafter as possible, payment for excess of vacation leave credits shall be made in a lump sum. An employee may elect to use excess vacation leave credits prior to termination, extended military leave or other extended leave of absence without pay, to the extent permitted by this Section, and receive a lump sum payment for the balance of vacation leave credits, if any. An employee or his/her estate shall not be paid for vacation leave credits in excess of eight (8) calendar weeks. Notwithstanding the foregoing, accumulated but unused vacation credit at the time of retirement shall be paid off in a lump sum.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 48 17.9 Public Health Classifications Vacation Accrual
The authorized annual vacation leave for employees occupying positions in the classifications listed in this Section 17.9 shall be entitled to vacation leave as noted herein:

Job Code Title
95070 Community Health Worker
95370 Community Health Worker Specialist
34050 Licensed Vocational Nurse
24700 Mid-Level
PractitionerAdvanced Practice
Provider
24020 Public Health Nurse
24760 Psychiatrist
24030 Registered Nurse
95390 Senior Community Health Worker Specialist
24010 Senior Public Health Nurse

Years of Service
Authorize Annual
Vacation
(in work weeks)
1st through 2nd years of service 2 work weeks
3rd through 5th years of service 3 work weeks
6th through 17th years of service 4 work weeks
18th through 24th years of service 5 work weeks
25th and subsequent years of service 6 work weeks

17.10 Mental Health Classifications Vacation Accrual
The authorized annual vacation leave for employees occupying positions in the classifications listed in this Section 17.10 shall be entitled to vacation leave as noted herein:

Job Code Title
94040 Assistant Mental Health Clinician
24110 Clinical Psychologist
24760 Psychiatrist
24780 Behavioral Health Clinician I
24790 Behavioral Health Clinician II
24800 Senior Behavioral Health Clinician

Years of Service
Authorize Annual Vacation
(in work weeks)
1st through 4th years of service 2 work weeks
5th through 17th years of service 4 work weeks
18th through 24th years of service 5 work weeks
25th and subsequent years of service 6 work weeks

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 49 17.11 Library Classifications Vacation Accrual
The authorized annual vacation leave for employees occupying positions in the classifications listed in this Section 17.11 shall be entitled to vacation leave as noted herein:

Job Code Title
26070 Automation Librarian
26050 Librarian I
26040 Librarian II
26060 Senior Librarian
26030 Supervising Librarian

Years of Service
Authorize Annual Vacation
(in work weeks)
1st through 11th years of service 3 work weeks
12th through 17th years of service 4 work weeks
18th through 24th years of service 5 work weeks
25th and subsequent years of
service 6 work weeks

17.12 Vacation Without Pay
Upon written request to the Department Head, employees will be granted up to seven (7) consecutive calendar days without pay to be used as additional vacation, provided that such request may be denied at the discretion of the Department Head by reason of adverse staffing impact (including workload considerations).

SECTION 18: HOLIDAYS

18.1 Recognized Holidays
Recognized holidays for career employees in Representation Units G-1, G-3, I-A, I-B, L, and R-1 shall be:

18.1.1 New Year's Day

18.1.2 Martin Luther King Jr.'s Birthday - observed on the third Monday in January

18.1.3 Lincoln's Birthday - deferred to Christmas Eve Day for Units I-A and I-B only

18.1.4 Washington's Birthday - observed on the third Monday in February

18.1.5 Cesar Chavez Day – observed on the last Monday in March

18.1.518.1.6 Malcolm X's Birthday - observed on the Monday or Friday nearest May 19

18.1.7 Memorial Day - observed on the last Monday in May

18.1.618.1.8 Juneteenth – observed on the Monday or Friday nearest to June 19 th (if Juneteenth lands on a Wednesday, it shall be observed on Friday)

18.1.718.1.9 Independence Day

18.1.818.1.10 Labor Day - observed on the first Monday in September

18.1.918.1.11 Indigenous Peoples Day - observed on the second Monday in October

18.1.1018.1.12 Veterans Day

18.1.1118.1.13 Thanksgiving Day

18.1.1218.1.14 The day after Thanksgiving Day

18.1.1318.1.15 Christmas Day

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 50 18.2 Floating Holidays
Employees in the competitive service who have worked for the City six (6) months or more shall be granted three (3) floating holidays each calendar year. In the first calendar year of employment, employees shall be granted pro rata floating holidays as follows:

18.2.1 Additional Floating Holidays
For employees who were required to remain in the workplace from March 17, 2020 – June 1, 2020, the City will provide 8 hours of floating holidays for every 40 hours of regularly scheduled hours worked in the workplace up to a maximum of 32 hours of floating holiday. The City will credit these floating holiday hours in the first full pay period after adoption of the MOU. The following classifications which, due to the nature of the assignment, require backfill, employees will be paid a stipend in the amount of the earned floating holiday hours up to a maximum of 32 hours the first full pay period in August 2020:

Solid Waste Drivers, Solid Waste Workers, Long Haul Drivers, Community Services Officer, Public Safety Dispatchers I/II, and Supervising Public Safety Dispatchers.

City will use a specific pay code for these additional floating holiday hours that will be available until June 30, 2021. These additional 32 hours of floating holiday shall have no cash value and may not be used towards CalPERS retirement service credit as outlined in section 47.8.5 of the CSU MOU.

18.2 18.3 Use of Floating Holidays
The days selected shall be by mutual agreement between the employee and the Department Head (or his/her designee). Employees may take floating holidays in one hour increments. In the event mutual agreement cannot be reached on the selection of floating holidays, the employee shall have one (1) or two (2) or three (3) days added to his/her accrued vacation time. Employees who terminate employment within the first six (6) months of initial employment shall not be eligible for payout of any unused floating holidays.

18.3 18.4Holidays for Employees with Schedules other than Monday through Friday Employees whose workweek is Monday through Friday shall be allowed all holidays with pay which fall within such work week. Those employees whose work week is other than Monday through Friday shall be entitled to the same number of holidays, with pay, during each calendar year as are allowed to employees whose work week is Monday through Friday, and the procedure for allowing these holidays shall be established by the City Manager. The provisions of this Section

18.418.2 are not applicable to intermittent employees.

18.54 Work on a Holiday
3 days
2 days
1 day
Hired January 1 - April 30
Hired May 1 - August 31
Hired September 1 - December 31

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 51 An employee required to work on any day which is a holiday for employees whose work is Monday through Friday shall be paid for the number of hours worked during such day at the rate of one and one-half (1½) times the straight-time rate, based upon the employee's regular monthly salary, or shall be granted compensatory time off in any amount equal to one and one-half (1½) times the number of hours worked on such holiday. The hours worked on such a holiday and paid at the rate herein provided shall not be credited in computing the hours worked in the week for overtime purposes.

The holiday pay provided for shall be in addition to an employee's regular salary.

In the event that the time worked on such a holiday also includes overtime, as provided in Section 13 (Overtime) of this Memorandum Agreement, payment will be made for the hours worked either as overtime under said Section 13 (Overtime), or as holiday pay under this Section 18 (Holidays), but will not be made under both Sections.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 52 18.6 Holiday for Part-Time Employees
Regularly scheduled part-time employees working 20 hours or more per week shall be entitled to holiday pay on a pro-rata basis (Library Aides see Section 45).

In the event that a holiday occurs on the employee’s regular scheduled day off, the employee shall receive holiday pay on a pro-rata basis or the employee, at his/her option, shall be permitted to accrue the hours for use as paid time off. Such hours shall be reported as Holiday Compensatory Time Straight (Payroll Code HC). The amount of leave accrued under this section shall be limited to twenty (20) hours.

An employee shall notify his or hertheir supervisor at least two (2) weeks prior to the holiday regarding the selection of pay or the accrual of hours. Scheduling of accumulated time off shall be coordinated between the employee and his/her supervisor.

In the event that a holiday occurs on a day the employee is normally scheduled to work, the employee will receive holiday pay on a pro-rata basis and, if the employee’s normal hours for that day exceed the holiday pay, the employee will be provided the option of working additional hours in the workweek or using accumulated paid time off to equal his/her normal schedule. The employees will notify his or hertheir supervisor at least two (2) weeks prior to the holiday regarding his or hertheir choice to work or use accumulated time off.

18.7 Paid Status
In order to be eligible for holiday pay, an employee must be on paid leave status on his or hertheir regularly scheduled workday before the recognized holiday.

18.8 Holidays for Legislative AssistantLegislative Aide Classification Only FLSA excluded employees in the Legislative AssistantLegislative Aide classification required to work on a scheduled holiday shall be given another day off that is mutually agreeable to the employee and the appointing authority.

FLSA non-excluded employees required to work on a scheduled holiday shall be eligible for provision in the CSU PTRLA SEIU MOU, Sections 18.5 (Work on a Holiday) and 18.6 (Holiday for Part-Time Employees).

18.9 Holiday Pay In Lieu of Recognized Holidays
Employees not covered by Section 18.1 (Recognized Holidays) shall receive holiday pay as follows:

For every 225 hours worked in the prior calendar year for the City of Berkeley, employees shall receive 8 hours of holiday pay at their base salary rate. Holiday pay will be credited only upon completion of each 225-hour increment and not on a prorated basis. Hours worked for the prior year shall be calculated by February 15th of the subsequent year. Employees shall receive their holiday pay the first full pay period following February 15. This benefit shall only be paid to employees who are employed by the City on February 15 of the year in which the payment is made.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 53 SECTION 19: SICK LEAVE

19.1 Eligibility
Any employee shall be entitled to take sick leave with full pay in case of sickness, disability, or serious illness within the immediate family of the employee in accordance with the provisions of Section 20.2 (Accrual) and 20.7 (Leave Without Pay), inclusive.

19.2 Accrual
Each employee shall be credited with one (1) working day of sick leave with full pay for each month of service. For the purposes of Section 20 (Sick Leave), a month of service shall mean thirty (30) consecutive calendar days during which the employee is working or receiving pay in the case of employees working on a full-

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 54 time or part-time basis, and shall mean 173 hours of work in the case of employees working on an intermittent basis.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 55 19.3 Part-Time Accrual
An employee working on a part-time basis shall be entitled to use earned sick leave only on a pro rata basis; for example, if an employee works half-time the employee shall be paid for time off on sick leave on a half-time basis.

Intermittent: An employee who works on an intermittent basis shall be entitled to use earned sick leave only for those days on which the employee would have worked if the employee had not been sick; provided, however, that an employee working on an intermittent basis, who works only when called, shall be entitled to use earned sick leave only when the employee becomes sick after reporting to work in response to such call.

19.4 Maximum Accumulation
Such sick leave as provided in Section 20.2 (Accrual), when not used shall be cumulative. The accumulated unused period of sick leave shall not exceed two hundred (200) working days regardless of the length of service. When the maximum has been reached, and thereafter part of the maximum has been used, the number of accumulated sick days may be brought back up to maximum at the applicable rate provided in Section 20.2 (Accrual).

Payment upon Retirement/Termination 20-28 Years of Benefitted Service: All accumulated sick leave shall be canceled when an employee terminates or is terminated, except as provided below for employees hired on or before June 30, 2013. For employees hired on or before June 30, 2013 who retire or voluntarily terminate with a vested pension, and with at least twenty (20) and not more than twenty-eight (28) years of service shall be entitled to receive payment at retirement or termination with a vested pension of thirty eight percent (38%) of accumulated sick leave but not, in any event, more than their stated fractional amount of the two-hundred (200) day maximum accumulation. Employees who voluntarily separate from service with a vested pension and at least twenty-eight (28) years of benefited City of Berkeley service shall be entitled to receive payment in an amount equal to fifty percent (50%) of their accrued sick leave days up to a maximum of two hundred (200) unused sick leave days.

Permanent Disability: Any employee hired on or before June 30, 2013 and retiring on permanent disability arising out of and incurred in the course and scope of his/her employment with the City shall be entitled to receive payment at retirement for thirty-eight percent (38%) of accumulated unused sick leave days, but not, in any event, more than thirty-eight percent (38%) of the two hundred (200) day maximum accumulation. Employees retiring on permanent disability arising out of and incurred in the course and scope of their employment with the City with at least twenty-eight (28) years of benefited service shall be entitled to receive payment in an amount equal to 50% of their accrued sick leave days up to a maximum of two hundred unused sick leave days.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 56 Annual Sick Leave Payout: Employees hired on or before June 30, 2013 who regularly work one-half (½) time or more and who have attained the two hundred (200) day maximum sick leave accumulation shall be entitled to receive payment for one-third (⅓) of the first twelve (12) days of sick leave, or if earning sick leave at the rate of two (2) working days for each month of service, one-third (⅓) of the first twenty-four (24) days of sick leave, for which they become eligible, do not use and would otherwise forfeit because of the two hundred (200) day maximum limitation. Determination of eligibility for such payment shall be made on an annual calendar-year basis, and payment shall be made not later than January 22 of the following year. Such payment shall be made at the employee's salary rate in effect on the preceding December 31 and shall be made only in units of whole days, and will not be made for any fraction of a day.

Sick Leave after Reemployment: Accumulated sick leave which has been canceled by reason of an employee's layoff in accordance with Section 53 (Layoff) shall be credited back to such employee if the employee returns to City employment within three (3) years of such layoff.

19.5 Purpose of Sick Leave
Sick leave shall not be considered as a privilege which an employee may use at the employee's discretion, but shall be allowed only in case of sickness or disability of the employee or in the case of serious illness within the immediate family of the employee. Not more than fifteen (15) working days (120 hours prorated for part- time benefited employees) in any calendar year may be taken as sick leave because of the illness of a member of the employee's immediate family. The immediate family of an employee, for the purpose of this Section, shall be defined as: a dependent residing in the employee’s household or parent, spouse, child, legal guardian or ward, grandparent, grandchild, register domestic partner, or sibling. If the employees has no spouse or registered domestic partner, the employee may designate one person as to whom the employee may use paid sick leave to aid or care for the person. The opportunity to make such a designation shall be extended to the employee no later than the date on which the employee worked 30 hours after paid sick leave gains to accrue pursuant to Section 20.2 and

20.3 above. There shall be a window of ten (10) work days for the employee to make this designation. Thereafter, the opportunity to make such a designation, including the opportunity to change such designation previously made, shall be extended to the employee on an annual basis during open enrollment for medical benefits.

Effect of Outside Employment on Sick Leave: No sick leave shall be allowed for time off for an injury incurred while working for another employer, provided that the injury is covered by the Workers' Compensation laws of the State of California, or other provision for payment for time off because such injury is made by the other employer. In the event such injury is not covered by the Workers' Compensation laws of the State of California, and no other provision for payment for time off because of such injury is made by the other employer, sick leave in accordance

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 57 with the provisions of this Section shall be allowed only if such outside employment has been approved by the City.

19.6 Notification
Except in emergencies and where reliable reporting procedures are in place, in order to receive compensation while absent on sick leave, the employee shall notify his/her supervisor within one (1) hour after the time set for beginning his/her daily duties or as may be approved by the Department Head.

Leave for non-emergency doctor’s appointments shall be requested in advance.

The City, the Library and the Rent Board may require that employees give notice, where reliable reporting procedures are in place, prior to the beginning of their scheduled shift in order to be eligible for sick leave. This requirement shall be applied equitably.

19.7 Leave Without Pay
An employee who is granted a leave of absence without pay and is otherwise off the payroll shall not earn sick leave credit.

19.8 Control
The City may establish a reasonable program for the control of abuse of sick leave and absenteeism, subject to Union review and comment.

19.9 Sick Leave Bonus
For every six (6) months of perfect sick leave attendance after July 1, 1987, the employee will receive eight (8) hours of bonus time. This bonus time will be prorated for part-time employees. Such bonus time can be used for any leave purpose covered by this Agreement. Such bonus time shall be counted as vacation leave credits for purposes of determining eligibility for carry- over and cash payments.

19.10 Voluntary Leave Exchange for Catastrophic Illness 1 9. 1 0. 1 Recovery Transfer Time: Recovery Time Transfer is that system whereby an employee grants time from earned compensatory vacation leave or sick leave to another employee. Such transfer of time shall be limited to situations where the recipient of the transfer is, by reason of illness or injury, threatened with the loss of earnings due to his/her exhaustion of employment benefits. Such time transfer request must be in writing, and subject to the approval of the City Manager/Director of Library Services/Executive Director of the Rent Board. Such approval shall not be unreasonably denied. Such transfer shall be credited to the recipient at the donor’s rate of pay. Recovery Transfer Time will not be used for industrial injuries or illnesses. The use or receipt of Recovery Transfer Time shall not preclude possible medical separation of the recipient employee.

The City

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 58 reserves the right to require medical verification by a qualified medical practitioner of the recipient employee’s medical condition. The City may transfer an employee receiving Recovery Transfer Time into another position in the same classification.
1 9. 1 0. 2 Vacation and Compensatory Time: An employee may donate earned compensatory time off or vacation leave.
1 9. 1 0. 3 Sick Leave: An employee may donate accrued but unused sick leave as Recovery Transfer Time subject to the following conditions:

19.10.3.1 The employee donating sick leave must maintain a sick leave balance of at least 120 hours after the donation of leave for Recovery Transfer Time. An employee donating sick leave coincidently with terminating employment with the City shall be limited to a sick leave donation of no more than forty (40) hours regardless of the sick leave donation option(s) used.

19.10.3.1.1 An employee may donate compensatory time off and/or vacation leave time; or

19.10.3.1.2 An employee may donate up to forty (40) hours of sick leave per calendar year and be charged hour per hour for each hour of sick leave donated; or,

19.10.3.1.3 After the first forty (40) hours of sick leave are donated, an employee may donate sick leave but the employee will be charged two hours of sick leave for each hour of sick leave donated for use as Recovery Transfer Time.

19.11 401(a) Termination Savings Plan
The City has established an Internal Revenue Code Section 401(a) plan and trust agreement to address the liquidation of sick leave at time of retirement and has received a Determination Letter and a Private Letter Ruling on the plan and trust agreement. This provides employees with an irrevocable option to defer accrued but unused sick leave at time of retirement into a 401(a) plan or be paid out the balance of the accrued but unused sick leave less withholding of applicable federal and state taxes.

19.12 Family Friendly and Environment Friendly Workplace The City shall comply with the applicable provisions of the Berkeley Family Friendly and Environmental Friendly Workplace Ordinance 13.101 to members of this bargaining unit. As such, employees may request variable working hours such as, but not limited to, 10 hours a day, four (4) days a week, flexing start and end times, and working under a flexible arrangement. Management may approve, in advance, an employees’ request to temporarily flex their work schedule between

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 59 the hours of 6:00 a.m. and 8:00 p.m. on a particular day, or over a specific period of time, by adjustment to the employee’s start time and end time, or lunch break.

Any denial of an employee’s request for flexible scheduling shall explain the denial in a written response that sets out a business reason for the denial.

19.13 Additional City Emergency Paid Sick Leave Allocation The City shall provide an additional 80 hours of emergency paid sick leave to be used for COVID-19 related reasons as listed in the Emergency Paid Sick Leave Act. Part-time employees receive a prorated number of hours. In order to use this additional City emergency paid sick leave, the employee must first exhaust all hours that they received under the Emergency Paid Sick Leave Act. The City will use a specific pay code for this additional emergency paid sick leave and these additional hours will be available until June 30, 2021. These additional 80 emergency paid sick leave hours shall have no cash value and may not be used towards any CalPERS retirement service credit as outline in section 47.8.5.

SECTION 20: WORKERS’ COMPENSATION LEAVE AND SALARY

CONTINUATION

20.1 Workers’ Compensation
Workers' compensation payments shall commence, in accordance with State law, on the fourth day following injury, unless the employee is hospitalized, ("Hospitalized" meaning confinement), in which case payment commences on the first day of injury. Employees whose disability requires absence of more than 21 days will receive retroactive compensation, both pay and leave, for the three-day waiting period. Employees shall be on administrative leave with pay for the initial three (3) days. Such leave shall not be deducted from the employee's leave balance.

20.2 Salary Continuation
Payments under the workers' compensation law for temporary disability or a recurrence thereof arising out of and in the course of employment shall be paid from the Date of Injury (DOI) and shall continue for a period not to exceed 365 days, for up to five (5) years from the DOI, at a maximum payment of the employee's pre- disability pay, but shall not exclude any salary adjustments to which the employee is entitled. Thereafter, the employee will continue to receive only the temporary disability payments provided under State law and the City will cease to pay the difference. However, salary continuation payments above the statutorily required temporary disability payments shall not be reported by the City to CalPERS as compensation.

20.2.1 New Accepted Claim with Overlapping Previously Accepted Injury – Where an employee sustains a subsequent industrial injury as part of a new accepted workers’ compensation claim that includes a previously accepted body part in the same five (5) year period, employee shall be entitled to a period of time not to exceed 183 days of Salary Continuation Benefits.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 60 20.2.2 New Accepted Claim with No Overlapping Previously Accepted Injury – Where an employee sustains another industrial injury resulting in a new accepted workers’ compensation claim within the same five (5) year period that does not include a previously accepted body part, the employee's new accepted claim shall be entitled to a period of time not to exceed 365 days of the Salary Continuation Benefit.

20.2.3 New Accepted Claim for Same Previously Accepted Injury After Five (5) Years – Where an Employee sustains an industrial injury to a previously claimed body part after five (5) years from the initial Date of Injury, the employee shall be entitled to a new period of time not to exceed 365 days of the Salary Continuation Benefit. In effect, after five (5) years from the initial Date of Injury, the benefit resets with respect to a previously claimed body part.

20.2.4 Workers’ Compensation Medical Appointments and Salary Continuation – For the purposes of the Salary Continuation Benefit, effective January 1, 2019, the City shall calculate absences from work to attend medical appointments for the treatment of an accepted industrial injury in one (1) hour increments for the purposes of running against the maximum 365 days of Salary Continuation.

20.3 Salary Continuation Calculation (Gross/Net) Pay
The City shall continue to calculate salary continuation at pre-disability gross pay.

The City may calculate salary continuation payments at pre-disability net pay at such time when they develop the capacity to administer it equitably. Any change in calculation shall not reduce employee's combination of disability payments and salary continuation payments below employee's pre-disability net pay.

The change in calculation shall not affect employees who are off the job with a work-related injury prior to the new calculation method being implemented.

SECTION 21: BEREAVEMENT LEAVE

21.1 Benefit and Covered Individuals
In the case of death within the immediate family of an employee, the employee shall be entitled to remain absent from duty with pay in order to grieve the passing

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 61 of a loved one, for a period not to exceed three (3) five (5) working days., Three (3) working days shall be with pay. Two (2) working days shall be unpaid except that an employee may use available, accrued sick leave, vacation, or compensatory time, for two (2) working days or, in the case of attending a service outside the State of California, for a period not exceeding all five (5) working days shall be with pay. Bereavement leave need not be taken in consecutive days but shall be taken within twenty (20) days three (3) months of the death of the immediate family member. The immediate family of an employee, for the purpose of this Section, shall be defined as: spouse, domestic partner, child, child-in-law, step-child, child of the domestic partner, foster child, parent, parent-in-law, or parent of domestic partner, sibling, step-sibling, sibling-in-law, grandparent, grandparent-in-law, or grandparent of domestic partner, mother- in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchildren, aunt, uncle, any relative living in the immediate household of the employee, or any other person sharing the relationship of in loco parentis. or dependent.

Except as provided above, bB ereavement Leave shall not be charged against vacation or sick leave to which an employee may be entitled, but shall be in addition thereto. Employees may request, and the City will make reasonable efforts to accommodate requests, for employees to supplement bereavement leave by using accrued vacation, compensatory time, or floating holiday. All accrued leave (and/or sick leave, if applicable) shall be utilized prior to taking a leave of absence without pay.

In special cases, with the approval of the Department Head, the City Manager or in the Library, the Director of Library Services may grant a death leave to allow an employee to attend funeral or memorial services because of the death of a person not included within the definition of the immediate family. This leave shall not be unreasonably denied.

In order to be eligible for Bereavement Leave as noted above, employees are required to complete and submit the City of Berkeley Bereavement Leave Statement as provided in the City policy. Employees shall not be required to provide an obituary.

21.2 Bereavement Leave for Part-Time Employees
An employee working on a part-time basis shall be entitled to use bereavement leave only on a pro rata basis.

SECTION 22:

MILITARY AND MARITIME LEAVE
Military and Maritime Leave shall be governed by the provisions of the Federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and any regulations promulgated to implement the Act, and the California Military and Veteran’s Code.

SECTION 23:

FAMILY CARE LEAVE

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 62 The City's Family Care Leave policy, as of June 1995, is contained in Administrative Regulation (A.R.) 2.4 (attached as Appendix C). The Union will be notified of any revisions to A.R. 2.4 (Family Care Leave).

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 63 SECTION 24: LEAVE OF ABSENCE WITHOUT PAY

24.1 Approval
Upon request of the employee, a Department Head may grant to an employee within his/hertheir department leave of absence without pay for a period not to exceed thirty (30) working days. No leave without pay shall be granted for more than thirty
(30) working days except upon the written request of an employee and approval of the City Manager or their his or her designated representative , the Executive Director of the Rent Board, or Director of Library Services for Library employees.

Failure on the part of an employee on leave to report promptly at its expiration shall be cause for discipline up to and including discharge.

24.1.1 In the event of illness, an employee must exhaust all available sick leave prior to receiving authorization for leave without pay.

24.1.2 The City shall not unreasonably deny a request for medical leave as Authorized Leave Without Pay for Part-Time benefitted employees who work or are compensated for a minimum of 1,040 hours, when the employee is suffering from a serious medical condition or must care for a family member with a serious medical condition.

24.1.3 In the event of a request for leave of absence for personal reasons (not related to sickness), an employee must exhaust all compensatory and vacation time available, prior to receiving authorization for leave without pay.

24.1.4 Accrual of sick leave credits and/or vacation benefits for an employee on leave without pay shall be as provided in Sections 17 (Vacation) and 20 (Sick Leave).

24.2 Approval for Legislative AssistantLegislative Aide Classification Upon request of the employee, an appointing authority may grant to an employee within his/her department leave of absence without pay for a period not to exceed thirty (30) working days. No leave without pay shall be granted for more than thirty (30) working days except upon the written request of an employee and approval of the appointing authority.

24.2.1 In the event of illness, an employee must exhaust all available sick leave prior to receiving authorization for leave without pay.

24.2.2 The appointing authority shall not unreasonably deny a request for medical leave as Authorized Leave Without Pay for Part-Time benefitted employees who work or are compensated for a minimum of 1,040 hours, when the employee is suffering from a serious medical condition or must care for a family member with a serious medical condition.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 64 24.2.3 In the event of a request for leave of absence for personal reasons (not

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 65 related to sickness), an employee must exhaust all compensatory and vacation time available, prior to receiving authorization for leave without pay.

24.2.4 Accrual of sick leave credits and/or vacation benefits for an employee on leave without pay shall be as provided in Sections 17 (Vacation) and 19 (Sick Leave).

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 66 24.3 Right to Return
An employee shall have the right to return to their classification upon return from an approved leave without pay.

24.4 Sabbatical Leave
After eight (8) consecutive years of employment with the City, an employee may apply for a sabbatical leave without pay of up to six (6) months. Sabbatical leave is not intended to be used for the six-month period immediately prior to retirement.

Such leave may be granted by the appropriate authority upon the recommendation of the employee's department head but such leave shall not be unreasonably denied. However, the department head will deny sabbatical leave requests for the period immediately prior to retirement. There shall be no requirement that the employee exhaust paid leave balances prior to such sabbatical leave. Life, Dental, Vision and Health insurance shall be paid by the City for the duration of an approved Sabbatical Leave. For employees who fail to return to work at the expiration of the approved Sabbatical Leave or fail to return for the equivalent amount of time he or she wasthey were approved for Sabbatical Leave, such employee shall reimburse the City or the City may deduct the cost of the Health , Dental, Vision and Life Insurance premiums paid by the City on behalf of the employee from the employee’s payout of their accrued leave balance due at termination.

SECTION 25:

JURY DUTY LEAVE

An employee who is called or required to serve as a juror shall be entitled to be absent from duties or service with the City with pay during the period of such service or while necessarily being present in court as a result of such call, provided the employee provides proof of such call. The employee will keep any payment received for jury service including mileage reimbursement. Employees are required to submit a written proof of jury duty service issued by the Court Clerk.

On dates when required to be physically present at a court facility for jury service, an employee shall be entitled to be absent from work with pay, whether or not hours of jury service on that date correlate exactly with scheduled work hours. The employee shall be responsible for notifying his or hertheir supervisor of impending jury service as soon as possible and for providing proof of attendance at the court to his or hertheir supervisor.

SECTION 26: DOMESTIC VIOLENCE LEAVE

The City will comply with the provisions of California Labor Code Section 230(c), which provides that victims of domestic violence, as defined in Section 6211 of the Family Code, may take time off from work to obtain or attempt to obtain relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of a domestic violence victim or his or hertheir child. The City will comply with the provisions of California Labor Code Section 230.1, which

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 67 provides that an employee who is a victim of domestic violence, as defined in Section 6211 of the Family Code, will not be discharged or discriminated or retaliated against for taking time off from work to attend to any of the following:

26.1 Medical Attention
To seek medical attention for injuries caused by domestic violence.

26.2 Services
To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence.

26.3 Counseling
To obtain psychological counseling related to an experience of domestic violence.

26.4 Safety
To participate in safety planning and take other actions to increase safety from future domestic violence, including temporary or permanent relocation.

26.5 Use of Leave
The employee may use vacation leave, floating holiday time or compensatory time off for the purposes described above. The employee will give his or hertheir supervisor reasonable advance notice of his or hertheir intention to take Domestic Violence Leave unless advance notice is not feasible. When an unscheduled absence occurs, the City will not take action against the employee if the employee, within a reasonable time after the absence, provides a certification to his or hertheir supervisor. The certification will be sufficient in the form of any of the following:

26.5.1 A police report indicating the employee was a victim of domestic violence.

26.5.2 A court order protecting or separating the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee has appeared in court.

26.5.3 Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.

26.6 Confidentiality
To the extent allowed by law, the City shall maintain the confidentiality of any employee requesting domestic violence release time.

SECTION 27: ADMINISTRATIVE LEAVE FOR FLSA EXCLUDED EMPLOYEES IN

THE LEGISLATIVE ASSISTANTLEGISLATIVE AIDE

CLASSIFICATION ONLY
Only FLSA excluded employees in the Legislative AssistantLegislative Aide classification who report to the Mayor or a City Councilmember, shall be credited with fifty (50) hours of

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 68 Administrative Leave each January 1. Administrative Leave which is not utilized during the

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 69 calendar year may be carried over to the following calendar year up to a maximum cap of 100 hours total in an Administrative Leave bank. Administrative Leave has no cash value and may not be converted to other leave or carried over in excess of 50 hours past December 31 of each year, if unused. In the event the Legislative AssistantLegislative Aide classification is either reclassified to an FLSA non-excluded status or does not qualify as an excluded classification under the FLSA, the City has the authority to rescind Administrative Leave consistent with the intent of this provision to grant Administrative Leave to FLSA excluded qualified employees only.

The Legislative AssistantLegislative Aide classification shall receive Administrative Leave prorated based on the number of pay periods remaining in the calendar year as long as that proration does not nullify the FLSA exclusion.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 70 ARTICLE 4 - HEALTH AND WELFARE BENEFITS
SECTION 28: HOSPITAL-MEDICAL AND DENTAL COVERAGE

28.1 Medical Coverage
The City shall pay for the cost of health insurance coverage for employees, spouse/domestic partner and dependents who have such coverage under any group health insurance plan authorized by the City Council, regardless of the funding source for their position. The maximum amount the City shall be required to pay for medical insurance premiums shall be the applicable Kaiser rate (i.e., single party, two party, or family) regardless of the City sponsored health plan selected by the employee. The present level of the health plan benefits described above shall be maintained at City expense.

28.1.1 Domestic Partnership Taxation: If an employee chooses to complete and submit an Affidavit of Domestic Partnership and sign up for medical benefits for his or hertheir domestic partner, the employee may be subject to federal and state income tax withholding.

28.1.2 Part-Time Employees: Effective July 1, 2008, the City will pay 75% of the cost of the medical plan which is fully paid for full time employees for those part time employees who work 20 to 29 hours per week. The City will pay 100% of the cost of the medical plan which is fully paid for full time employees for those part time employees who work 30 or more hours per week.

28.1.3 Part-Time Employees in the Legislative AssistantLegislative Aide Classification Only: Part- time employees in the Legislative AssistantLegislative Aide classification may be eligible for retirement benefits as provided for in the CSU PTRLA SEIU MOU, Sections 27.1 (Part-Time Employees), 47 (Public Employees’ Retirement System), and 48 (Public Agency Retirement System). As soon as administratively possible after Union ratification and approval by the City Council, the City will pay 75% of the cost of the medical plan which is fully paid for full time employees for those part-time employees who work up20 to 29 hours per week. The City will pay 100% of the cost of the medical plan which is fully paid for full time employees for those part-time employees who work 30 or more hours per week.

28.2 Meet & Confer
The Parties agree to meet and confer commencing no sooner than January 1, 2017. This negotiation shall be on methods to contain or reduce the City health benefit costs and/or preventing that the City be required to pay any penalties associated with the Excise Tax, including but not limited to a new and/or replacement health plan. This meet and confer process will be subject to normal rules of collective bargaining, including applicable impasse, strike or lockout procedures.

28.3 Health Premium Overpayment Recovery

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 71 If the City under deducts an employee's medical co-payment, the amount owed by

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 72 the employee shall be paid back in monthly increments by the same amount as the undercharge, over the same number of months, unless the employee agrees to an alternative arrangement.

Dependent Coverage: The City agrees to extend all medical, dental and orthodontia benefit coverages to dependents of City employees up to the date of their 26th birthday.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 73 28.4 Dental Coverage
The City shall provide a dental care program for employees. The Dental Program shall be maintained at City expense, to provide 90% co-insurance for the employee and employee's dependents, for the duration of this Agreement. Effective January 1, 1995, the Dental Program shall be improved at City expense to increase the lifetime orthodontic coverage from $1,000 to $2,000 and to increase the Dental Program annual coverage from $1,000 to $2,000. If an employee chooses to complete and submit an Affidavit of Domestic Partnership and sign up for dental benefits for his or hertheir domestic partner, the employee may be subject to federal and state income tax withholding.

28.5 Dental Insurance In-Lieu Payments
For those employees who show proof of alternate dental insurance coverage, the City will compensate the employee $61.64 per month, prorated for less than full- time employees. This benefit shall be frozen at this amount through the term of this Agreement.

28.6 Maintenance of Plans
In the absence of agreement between the City Manager and the Union to effect a new program, the City agrees to maintain the present hospital-medical and dental plans for the duration of this Agreement as specified above.

Before the City acts to change an insurance carrier during the term of this Agreement, the City shall give the Union thirty (30) days notice of its intention to change carriers and shall, upon written request, meet with the Union to discuss the reasons for such change. The final determination of insurance carriers shall be in the sole discretion of the City.

28.7 Notice
The City shall give advance notice to any employee who resigns, is terminated or is on a leave of absence, as to what is necessary to keep the Health Plan in force without a break in coverage.

28.8 Health Insurance In-Lieu Payments Effective May 22, 2016 Effective May 22, 2016, for employees who show proof of alternate medical coverage, the City will compensate the employee $576.00 per month, prorated for less than full time benefitted employees. Effective upon ratification of the 2015 Memorandum Agreement, Library employees who continue to receive the amount in effect as of July 1, 2008, shall remain in effect through December 31, 2016.

Effective January 1, 2017, Library employees under this Section shall receive $576.00 per month, prorated for less than full-time benefitted employees. In order to comply with FLSA laws, health insurance in ‐lieu payments shall be paid over twenty‐six (26) equal biweekly installments.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 74 28.9 Effective Date of Benefits
New medical and dental benefits shall begin the first day of the calendar month following the date of hire, and end the last day of the month an employee is in pay status.

28.10 Flexible Spending Account
The City shall establish an Internal Revenue Code Section 125 Flexible Spending Account that allows an employee to elect pre-tax deductions from salary for the purpose of paying allowable medical expenses. Such plan shall be established no later than November 1, 2008.

28.10.1 The City will reimburse the affected CSU employees who were unable to roll over their FSA and Dependent Care balances for Calendar Year 2020 as part of a settlement agreement to ensure that the employees receive the full employee contribution forfeited.

28.11 Vision Coverage
Effective January 1, 2026, the City shall provide a Vision Care Program for employees and eligible dependents covered by this Agreement. The annual maximums for this benefit are as follows:

Benefit Benefit Frequency
Exam 12 months
Lenses 12 months
Frames 24 months
Contact Lenses** 12 months
**Note: Benefits for Contact Lenses are in lieu of benefits for lenses and frames.

The maximum amount the City shall be required to pay for the Vision Care Program shall be the applicable Vision Services Plan (Signature Plan) rate (i.e., employee only, employee plus spouse, employee plus one (1) child; employee plus family).

If during the term of this Agreement the premiums for such Vision Care Program are increased, the amount the City contributes shall increase no more than five percent (5%) above the previous calendar year’s contribution amount towards the payment of the monthly premium.

SECTION 29: GROUP LIFE INSURANCE

The City shall provide group life insurance, by a carrier of the City's choice, in the amount of $50,000 for each employee that shall include the standard accidental death and dismemberment provision of a like amount.

Life insurance shall become effective the first day of the calendar month following appointment, and shall continue until the last day of the last calendar month in a pay status.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 75 In addition, employees may purchase additional life insurance in increments of $10,000 up to a maximum of $300,000 at a rate offered by the City’s insurance carrier and subject to any medical exam as required by the insurance carrier.

SECTION 30: DEPENDENT CARE

The City has established a Dependent Care Plan under Internal Revenue Code Sections 125 and 129 to allow employees to designate a specific amount of salary, consistent with applicable law, to be redirected to pay for dependent care costs prior to withholding of taxes.

SECTION 31: RETIREE MEDICAL COVERAGE
The City and Union have agreed that the City will make available retiree health insurance coverage under certain terms and conditions described below. The retiree medical benefit described below is the plan tentatively agreed to during multi-union bargaining during the summer of 1998. The terms and conditions of this benefit shall be set forth in a separate document which shall contain a full plan description and shall control the administration of the retiree medical plan.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 76 The City will begin to provide the retiree medical coverage set forth in this section on June 28, 1998. An employee’s entitlement to any and all benefits provided by the City under this retiree medical cover plan are subject to the funding limitations set forth in subsection

31.8 (City Funding of Retiree Health Benefit).

31.1 : Amendment of Retiree Health Premium Assistance Plan V, effective June 28, 1998, Restated and Amended effective March 22, 2011.

Employees who retire on or after June 21, 2015, shall be permitted, at their discretion, to enroll in non-City sponsored health plans. After Council approval of the successor Memorandum of Understanding, the City shall amend the Retiree Health Premium Assistance Plan V (For Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association) as soon as practicable to allow enrollment in non-City sponsored health plans. In the event a retiree elects to enroll in a non-City sponsored health plan, the City shall make medical insurance premium payments directly to the health insurance provider in an amount equal to what the City would contribute to the City sponsored health plan. Retiree shall be solely responsible for all aspects of the requirements to enroll in a non-City sponsored health plan and maintain eligibility for such a plan; the City’s sole obligation is to pay the medical insurance premium contribution required under this section, as directed by the retiree to a non-City sponsored health plan. The City shall not be responsible for any excess cost differentials associated with the direct payment of premiums to non-City sponsored plans. The City will only make payments through its third party administrator to provide medical insurance premium payments for an individual plan and will not make payments for a group plan. The retiree and/or surviving spouse or domestic partner that enroll in non-City sponsored health plans shall be solely responsible for paying the administrative set up fee, the monthly administrative fee, and/or any other fees established by the third party administrator, and said fees will be deducted directly from the retiree’s monthly contribution. No cash payments will be paid directly to the retiree and/or the retiree’s spouse/domestic partner. There shall be no cash in lieu payments made under this benefit.

The City and the Union agree that the City will also amend the Retiree Premium Assistance Plan V to allow eligible retirees who retired on or after June 21, 2015 to enroll in a non-City sponsored health plan.

The City agrees to meet and confer with SEIU, no later than January 1, 2019, regarding the reimbursement process of medical insurance premiums for the Retiree Health Assistance Plan for retiree and/or spouse/domestic partner until the death of both.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 77 31.2 Eligibility
An employee is eligible for the retiree health insurance coverage set forth in subsection 30.3 (Pre Age 65 Retiree Health Insurance) below if he/shethey meets all the following criteria:

31.2.1 retires on or after June 28, 1998,

31.2.2 is vested with CalPERS,

31.2.3 has at least eight (8) years of CalPERS qualifying service with the City,

31.2.4 is at least age 55.

31.3 Pre Age 65 Retiree Health Insurance
Beginning June 28, 1998, the City shall make available health insurance coverage to the employee and his/her spouse or domestic partner. The City will pay on the employee’s behalf no more than $166.26 per month for an employee electing single party health coverage and no more than $332.52 per month for an employee electing two-party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the following chart:

Years of CalPERS
Qualifying Service
Percent of City
Contribution
8 30%
9 40%
10 50%
11 58%
12 66%
13 74%
14 82%
15 90%
16 92%
17 94%
18 96%
19 98%
20 100%

The employee will pay the difference between the City’s monthly contribution and the actual monthly insurance premium charged by the health plan he/she hasthey have elected for retiree medical coverage. If during the term of this Agreement, the premiums for such health insurance are increased, the amount the City contributes shall increase no more than 4.5% above the previous year’s contribution. No increases in the amount the City contributes shall occur before July 1, 1999.

Thereafter, any increase in the amount contributed by the City will occur on July 1 each year thereafter.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 78 31.4 Retiree Benefits for Employees Age 65 and Over
Once an employee or retiree reaches age 65, he or she isthey are eligible for Medicare. As a result his/her eligibility for the retiree medical benefits set forth in subsection

30.3 (Pre Age 65 Retiree Health Insurance) ceases. On reaching age 65, the City will make available health insurance coverage in addition to Medicare. When an employee or retiree reaches age 65, the City will contribute no more than $16.17 per month on the employee’s behalf for single party health insurance coverage and no more than $32.34 per month for two-party health coverage. If during the term of this Agreement, the premiums for such health insurance are increased, the amount the City contributes shall increase no more than 4.5% above the previous year’s contribution.

The City will take such actions under the provisions of Section 218(g) of the Social Security Act to permit employees who are not currently paying employee portion of the Medicare Tax with a one-time opportunity to choose to be covered by the Medicare Tax. If the employee chooses to be covered by the Medicare Tax the choice cannot be revoked at a later date.

31.5 Termination by City of Retiree Medical Benefit
Failure of the retiree or surviving spouse to pay their monthly share of the health insurance premium will result in termination of the retiree medical benefit and relieve the City of any further obligation to provide any further benefits under this section.

31.6 Retiree Medical Benefit for Employees Retiring Between the Ages of 50 and 55 An employee who is at least 50 years of age, but less than 55, and has at least eight years of CalPERS qualifying employment with the City will retain eligibility for the retiree medical benefits provided in subsection 30.3 (Pre Age 65 Retiree Health Insurance) when the employee reaches age 55 if the employee is enrolled in a group health plan coverage from the date of his/her termination from City employment until the employee’s 55th birthday. If for any reason the employee has a lapse in group health care coverage the employee forfeits his/hertheir eligibility for the retiree health plan benefits upon reaching age 55 and the City has no further obligation to provide any benefits under this section to the employee and/or his their spouse or domestic partner.

31.7 Employees Retiring with a CalPERS Approved Disability Retirement If an employee retires from the City before age 55 with a CalPERS approved disability retirement, the employee will retain eligibility for the retiree medical benefits provided in subsection 30.3 (Pre Age 65 Retiree Health Insurance) when the employee reaches age 55 if the employee is enrolled in a group health plan coverage from the date of his/hertheir termination from City employment until the employee’s 55th birthday. If for any reason the employee has a lapse in health care coverage the employee forfeits his/her eligibility for the retiree health plan

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 79 benefits upon reaching age 55 and the City has no further obligation to provide any benefits under this section to the employee and/or his their spouse or domestic partner.

31.8 City Funding of Retiree Health Benefit
City contributions to the retiree medical benefit will begin on July 1, 1998. Funding of this benefit will be set aside in a trust to be established by the City.

Effective with the 1998-2002 Memorandum Agreement, the retiree medical benefit was funded by a charge of 0.25% of payroll in each year of this Agreement, so that contributions are at 1% of the payroll in the fourth year of that Agreement. The City will fund the benefit at approximately 1% of the payroll for every year thereafter with the intent of achieving a funding level of 70% after 30 years. The funding will be ongoing to maintain a 70% funding level thereafter.

Effective July 4, 2004, except for employees in Representation Unit R-1, an additional charge of 0.25% of payroll was charged each year in the final four years of the 2002-2008 Agreement so that contributions are at 2% in the final year of that Agreement. The purpose of that 1% increase in payroll contribution was to fund post age 65 Medicare supplement plans. As a result of this change, the amount the City contributes toward the post-65 Medicare Supplement coverage under the Retiree Health Premium Assistance Plan is $77 effective July 7, 2002 for all post 65 retirees formally represented by the union as well as future retirees.

Effective July 1, 2008, for eligible retirees between the ages of 55 and 65 who retire on or after June 29, 2008 the amount the City contributes toward payment of the health care premium cost for the Retiree Health Premium Assistance Plan will increase by $50 per month in addition to the 4.5% that occurs on July 1 as provided in Section 30.3 (Pre Age 65 Retiree Health Insurance). Effective July 1, 2009, the amount the City contributes toward payment of the health care premium cost for the Retiree Health Premium Assistance Plan will increase by an additional $25 per month (i.e., an aggregate $75 per month increase) in addition to the 4.5% that occurs on July 1 as provided in Section 30.3 (65 Retiree Health Insurance).

Effective July 1, 2011, the amount the City contributes toward payment of the health care premium cost for the Retiree Health Premium Assistance Plan will increase by an additional $25 per month (i.e., an aggregate $100 per month increase) in addition to the 4.5% that occurs on July 1 as provided in Section 30.3 (Pre Age 65 Retiree Health Insurance).

The Union understands and acknowledges that the City conducted an actuarial study to determine the percentage of payroll it needed to set aside each year and the rate of return of 7% it must achieve to fund the retiree health benefit provided in this section. The City will conduct an actuarial study by an outside actuary of the retiree medical plan prior to June 30, 2002. After that time, the City will conduct an actuarial study by the outside actuary of the retiree medical plan every two to three years to review the funding status of the program. The outside actuary will be selected by mutual agreement of the parties. The Union and City agree that if

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 80 the Actuary concludes that the City’s funding of this benefit by contribution of 1% of the payroll for all miscellaneous employees is insufficient to fully fund the retiree medical benefits, the City shall not be required to increase its funding for this benefit to more than 1% of the payroll for miscellaneous employees. In the event that there are insufficient funds in the trust to cover all retirees’ monthly health premiums, the City and the Union agree to meet and confer regarding the City’s distribution of its 1% contribution.

The City shall include in its next actuarial request in preparation of the next successor contract negotiations the impact on the City if the City were to amend its Retiree Health Premium Plan V to provide the following benefit levels:

Single: $577.32
Single and Dependent: $577.32
Single + (spouse, domestic partner): $1154.00

SECTION 32: PROBATIONARY PERIOD

32.1 Duration
Original and promotional appointments from employment lists shall be tentative and subject to a probationary period of six (6) months (and a minimum of 1040 hours) of actual service for full-time employees, and six (6) calendar months for part-time employees (and a minimum of 520 hours for ½ time employees; 780 hours for ¾ time employees, etc), exclusive of all leave and light duty, and shall be completed within a one (1) year period. The probationary period may be extended as provided in Section 31.4 (Extension of Probationary Period for Classifications Covered by Section 31.1 – Duration) and 31.5 (Extension of Probationary Period for Classifications Covered by Section 31.2 – Nine (9) Month Probationary Period).

Probationary employees who are granted military leaves of absence shall complete the balance of their probationary period within a period of six (6) months following their return to City service. No provision of this Section 31.1 (Duration) shall be interpreted to preclude the City from establishing new classifications which may require a probationary period of more than six (6) months.

32.2 Nine (9) Month Probationary Period
The probationary period for employees hired in one of the following classifications shall be nine (9) months (and a minimum of 1560 hours) of actual service for full- time employees, and nine (9) calendar months of actual service for part-time employees (and a minimum of 780 hours for ½ time employees, 1170 hours for ¾ time employees, etc.) except as provided in Section 31.3 and may be extended as provided in Section 31.5 (Extension of Probationary Period for Classifications Covered by Section 31.2 – Nine (9) Month Probationary Period).

32.2.1 Applications Programmer Analyst II (for employees hired on or after July 1, 2008)

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 81 32.2.2 Architect

32.2.3 Auditor II

32.2.4 Central Library Circulation Supervisor

32.2.5 Community Development Project Coordinator

32.2.6 Hazardous Materials Specialist II

32.2.7 Landscape Architect

32.2.8 Landscape Architect (Registered)

32.2.9 Library Literacy Program Coordinator

32.2.10 Library Materials Preparation Specialist

32.2.11 Library Special Services Coordinator

32.2.12 Senior Community Health Specialist

32.2.13 Senior Environmental Health Specialist

32.2.14 Senior Field Investigator

32.2.15 Senior Health Management Analyst

32.2.16 Senior Information Systems Specialist

32.2.17 Senior Librarian

32.2.18 Senior Mental Health Clinician

32.2.19 Senior Planner

32.2.20 Senior Psychiatric Social Worker

32.2.21 Senior Public Health Nurse

32.2.22 Supervising Librarian

32.2.23 Supervising Library Assistant

32.3 Six (6) Month Probationary Period
For the promotional appointment of a career employee to a non-supervisory position that is part of the normal promotional ladder for that position, the probationary period shall be six (6) months of actual service (and a minimum of 1,040 hours), six (6) months of actual service for part-time employees (and a minimum of 520 hours for ½ time employees, 780 hours for ¾ time employees, etc.) except as provided in Section 32.4 (Extension of Probationary Period for Classifications Covered by Section 32.1 – Duration). No position shall have a longer probationary period than the probationary period applicable to the position that supervises that position.

32.4 Extension of Probationary Period for Classifications Covered by Section 31.1 For employees hired into positions covered under Section 31.1 (Duration) the Department head may extend the probationary period during the fifth or sixth month of a six (6) month probationary period from six (6) to nine (9) months provided that written probationary period evaluations have been given to the employee and filed with the Director of Human Resources no later than forty-five (45) days after the second and fourth months and these evaluations include statements of where the employee’s performance needed improvement or which essential duties of the position the supervisor had not yet been able to evaluate.

32.5 Extension of Probationary Period for Classifications Covered by Section 32.2 For employees hired into positions covered under Section 31.2 (Nine (9) Month Probationary Period), the Department head may extend the probationary period during the seventh or eighth month of a nine (9) month probationary period from

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 82 nine (9) to twelve (12) months provided that written probationary period evaluations have been given to the employee and filed with the Director of Human Resources no later than forty-five (45) days after the third and sixth months and these evaluations include statements of where the employee’s performance needed improvement or which essential duties of the position the supervisor had not yet been able to evaluate.

32.6 Promotion or Provisional Appointment Prior to Completing Probationary Period
Unless applying for a closed examination, an employee does not have to complete the probationary period as a prerequisite for promotion. If, before completing the required probationary period, an employee is provisionally appointed to a higher class in the same or a related series of classes, the time served in such higher class shall be counted toward completion of the probationary period in the lower class.

32.7 Probationary Performance Evaluations
The City shall give probationary employees written, bi-monthly, probationary period evaluations in order to advise the employee of their performance. If the service of the probationary employee has been satisfactory to the Department Head, the Department Head shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such probationer in the service is desired. If such service has been unsatisfactory, the Department Head shall file with the Director of Human Resources such a statement, in writing, with the recommendation to the City Manager/Board of Library Trustees that the employee be discharged. The provisions of this section shall in no way limit the rights of the City under Section 31.8 (Rejection During Probationary Period).

32.8 Rejection during Probationary Period
During the probationary period, an employee may be discharged at any time without right of appeal or hearing in any manner, except that appeal may be had in accordance with Section 37 (Grievance Procedure), if it is alleged that the discharge was in violation of Section 3 (No Discrimination). An employee rejected from a position to which the employee has been promoted shall be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged as provided in Section 38.6 (Discharge).

32.9 Exception to Probationary Period
Employees reclassified as a result of a desk audit shall not be subjected to a new probationary period provided the employee has performed those duties for one year or more and has not received an unsatisfactory evaluation during that period.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 83 SECTION 33: TRANSFER
The Human Resources Department shall maintain a list of career employees who are interested in transfer. Prior to filling a vacancy with a new (probationary) employee, the Department Head shall consider qualified employees on the transfer list. No employee shall be transferred to a position for which the employee does not possess the minimum qualifications. An employee with permanent status who is transferred from one class to another class shall assume permanent status in the class to which the employee is transferred.

Prior to outside recruiting, vacancies will be announced for two (2) weeks by notices in Berkeley Matters, on bulletin boards and by notice to departments.

SECTION 34:

PROMOTION

34.1 Filling of Vacancy
Insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotion list established. Consistent with City of Berkeley Personnel Rules, each candidate for promotion must be either a permanent employee in the competitive service or a former permanent employee on an active mandatory layoff Reemployment List and must possess the minimum qualifications as set forth in the specifications of the class to which promotion is sought. The right to compete in a promotional examination in a specific classification series is not limited to employees in the bargaining unit.

34.2 Open, Competitive Examination
If, in the opinion of the City Manager, or for Library positions the Director of Library Services, or for Rent Board positions the Executive Director of the Rent Board, the best interests of the service can be served by an open, competitive examination instead of a closed, promotional examination, and if there is not already a valid promotional list for the higher position, from which the vacancy could be filled, then the City Manager, or for Library positions the Director of Library Services, or for Rent Board positions the Executive Director of the Rent Board, may instruct the Director of Human Resources to call for applications for the vacancy and arrange for an open, competitive examination and for the preparation and publication of an eligibility list.

34.3 Interview of City Employee
A City employee who is on a closed promotional or an open competitive list shall have the option to interview for the vacancy. A City employee who is unsuccessful and who so requests shall be advised of steps s/he may take to increase her/his competitive standing for future promotional opportunities.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 84 34.4 Promotional Considerations
Employees who have qualified for promotional lists shall be considered for promotion based on the following factors: previous work performance, previous training and experience, merit, ability, and seniority.

34.5 Employees concerned with promotion should also refer to Sections 10.4 (Temporary Vacancy), 10.5 (Maximum Consecutive Temporary Appointment),

10.7 (Working in Higher Classification), 10.9 (Notification of Change in Classification Duties and Responsibilities), 10.11 (Desk Audits), 40.4 (Annual Performance Evaluation), 40.5 (Employee Development and Training Opportunities), 40.6 (Educational Leave) and 40.12 (Internships).

34.6 Waiver of Minimum Qualifications
If in the opinion of the City Manager, the City is facing staffing reductions which will result in displacement of employees, a waiver of minimum qualifications and/or the substitution of related experience and education may be made in promotional examinations, with an understanding on the part of management and supervisory personnel that adequate on-the-job training which can be completed within no more than one year, will be provided to facilitate job adjustment and to compensate for the waiver of qualification standards if that has occurred. The promotional recruitment announcement will state that minimum qualifications may be waived providing the applicant’s experience and education demonstrates her/his on-the- job development potential, as stated above. In promotional appointments where the minimum qualifications have been waived, the probationary period will be one year to allow the employee time to demonstrate development of the necessary job knowledge and skills.

SECTION 35:

FILLING OF VACANCIES

All career and temporary vacancies of 90 days or more shall be announced in Berkeley Matters, on bulletin boards and by notice to departments, and a copy of Berkeley Matters shall be made available to all employees.

SECTION 36:

RESIGNATION

An employee wishing to leave the competitive service in good standing shall file with the Department Head, at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Director of Human Resources with a statement by the Department Head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Failure of the employee to give the notice required shall be entered on the service record of the employee, and may be cause for denying future employment by the City. The resignation of an employee who fails to give notice shall be reported by the Department Head immediately.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 85 The City will discontinue use of the "would not recommend rehire" box on transaction forms.

SECTION 37: REINSTATEMENT

A permanent or probationary employee who has resigned with a good record may be reinstated within three (3) years to the employee's former position, if vacant, or to a vacant position in the same or comparable class without further competitive examination. This section shall not be interpreted as a guarantee of reinstatement to an employee who has resigned with a good record and who requests reinstatement within three (3) years.

An employee who is reinstated under this Section who has completed probation in the classification to which the employee is being reinstated shall not serve a probationary period on reinstatement. An employee who is reinstated under this Section who has not completed probation in the classification to which the employee is being reinstated shall be required to serve a new probationary period on reinstatement. The duration of the probationary period determined by the classification and the provisions of Section 31(Probationary Period) of this Agreement.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 86 ARTICLE 5 - GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE

SECTION 38: GRIEVANCE PROCEDURE

38.1 Preamble

38.1.1 The City and the Union will make every effort to create a working environment free from hostility, intimidation, and disrespect.

38.1.2 The supervisor may have a management representative present during a discussion with an employee and his or hertheir Union representative.

38.1.3 No employee shall represent in a grievance any employee he or shethey regularly supervises.

38.2 Definitions
For purposes of this section of this Agreement, the following definitions shall apply:

38.2.1 Grievance: Any dispute which involves the interpretation or application of the terms of this Agreement and those rules, regulations, and resolutions formal Administrative Regulations within the scope of bargaining that do not include their own internal resolution procedures (e.g., the Telework Policy). which have been or may hereafter be adopted by the City Council, Board of Library Trustees, and Rent Board to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by the City Council, Board of Library Trustees and Rent Board to effect Memorandum Agreements which result from the meeting and conferring process. The grievance procedure outlined herein shall be the sole formal mechanism for resolving disputes or complaints of unit members.

38.2.2 Administrative Complaint: An Administrative Complaint is a grievance filed by a grievant or the Union specifically regarding payment of compensation or the interpretation and application of contract provisions and past practices, or allegations of past practice.

38.2.3 Discrimination Complaint: A Discrimination Complaint is a grievance filed by a grievant or the Union regarding a violation of Section 3 of this Agreement.

38.2.4 Grievant: A Grievant may be any member of the bargaining unit covered by the terms of this Agreement, or the grievant may designate the Union to act on his or hertheir behalf or the Union itself may file a grievance on behalf of a member or group of members.

38.2.5 Grievance Appeal Officer: Appeals of grievances will be heard by the City Manager for general City operations, the Library Board of Trustees for Library employees may designate the Director of Library Services as the Appeals Officer and the Executive Director of the Rent Board for Rent Board

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 87 employees. The City Manager, Library Board of Trustees or the Rent Board may designate a Grievance Appeal Officer in their stead.

38.2.6 Union: The term Union used throughout this procedure shall include by reference the bargaining unit itself and the appropriate Chapter President and Chief Steward who may be representing an employee engaged in this Grievance and Disciplinary Appeal Procedure.

38.2.7 Day: A day is defined herein as any day in the calendar year on which the City of Berkeley is regularly open and providing full administrative services to the public.

38.3 Grievance Procedure

Initial Filing Period: Formal written grievances must be filed at Step 1 of the grievance procedure within thirty (30) days of the date the incident occurred or within thirty (30) days of the date the grievant or the Union reasonably should have had knowledge of the matter.

38.3.1 Informal Process:

3 8. 3. 1. 1 Complaints Filed With: An employee or Union who believes that s/he/it has a grievance shall discuss the grievance informally with the applicable immediate non-bargaining unit supervisor. If this is not possible due to the absence of this supervisor, the employee or his/her Union may discuss the grievance informally with the applicable Division Manager.
3 8. 3. 1. 2 Filing Period: Such informal grievances shall be verbally brought to the attention of either the immediate non-bargaining unit supervisor or, if unavailable, with the Division Manager within a reasonable period of time of the incident generating the grievance. (NOTE: In order to comply with formal grievance procedures, refer to Section 38.3, “Initial Filing Period”, for absolute filing deadlines and time frames for formal grievances.)

3 8. 3. 1. 3 Process: The grievant shall be entitled to a personal conference with, and an informal decision by, either the relevant supervisor or Division Manager within ten (10) days of making the request for an informal meeting. This informal decision terminates the informal process unless mutually agreed upon by employee, supervisor/manager and Union to extend informal discussions.

38.3.2 Formal Process: STEP 1 – First-Level Manager

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 88 3 8. 3. 2. 1 Complaints Filed With: If the grievant is not satisfied with the results of the informal process, the grievant may file a formal written grievance following the conclusion of the informal conference process. Such written grievance shall be presented to the applicable Division Manager with a copy to the Department Director and the union.
3 8 . 3. 2 . 1 . 1 Interpretation of Agreement and Past Practice: Questions regarding the interpretation of the Agreement or allegations of violations of Past Practice shall initially be filed in writing with the Director of Human Resources of the City.
3 8 . 3. 2 . 1 . 2 Compensation: All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources of the City.

3 8 . 3. 2 . 1 . 3 EEO: All complaints concerning discrimination or other Section 3 (No Discrimination) matters shall be initially filed in writing with the Equal Employment Opportunity and Diversity Officer of the City. However, complaints alleging violation of any applicable laws pertaining to protected union activity will be filed with the Director of Human Resources of the City.

3 8. 3. 2. 2 Filing Period: This written grievance must be filed within ten (10) days following the conclusion of the informal conference process, except as follows:
3 8 . 3. 2 . 2 . 1 Compensation: Administrative Complaints regarding issues concerning payment of compensation may be filed within 90 days of the last day of the alleged under or over compensation.

3 8 . 3. 2 . 2 . 2 EEO: The allowed time for filing of a complaint under this section shall be governed by the EEO Complaint Investigation and Resolution Procedure of the City of Berkeley’s EEO/Affirmative Action Program (attached herein as Appendix B).
3 8. 3. 2. 3 Process: The grievance must be presented in writing on a form provided by the City, and approved by the Union. The written statement shall be a clear, concise statement of the grievance including specific provisions of this Agreement alleged to have been violated, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought. Within ten (10) days of receiving the written grievance, the grievant shall be entitled to a personal conference with the Division Manager if requested. Other than issues of Contract Interpretation and Past Practices, Compensation or EEO, within ten (10) days, the Division Manager shall communicate a

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 89 written decision to the grievant and the Union with a copy to the Director of Human Resources and the Department Director. Such action will terminate Step 1.
3 8 . 3. 2 . 3 . 1 Compensation: In the case of issues of compensation, the Director of Human Resources or his/her designee shall respond in writing within thirty (30) days of receiving the written complaint.

In such cases, no adjustment shall be retroactive for more than thirty (30) calendar days from the date upon which the complaint was filed or thirty (30) calendar days from the date when an employee and/or the Union may reasonably be expected to have learned of said claimed violation. Only complaints which allege that employees are not being compensated in accordance with the rules, regulations, and resolutions of the City Council or in accordance with the understanding contained in any Agreement which has resulted from the meeting and conferring process shall be considered.

Any other matters of compensation are to be resolved in the meeting and conferring process, and, if not detailed in the operative Agreement which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring is next opened for such discussion.
3 8 . 3. 2 . 3 . 2 EEO: Discrimination complaints shall be processed in accordance with the EEO Complaint Investigation and Resolution procedure of the City of Berkeley EEO/Affirmative Action Program (attached herein as Appendix B) except that:

38.3.2.3.2.1 The employee has the right to be represented by a Union representative at all stages of the informal and formal complaint investigation and resolution procedure;

38.3.2.3.2.2 The Equal Employment Opportunity and Diversity Officer shall meet with and report to only the City Manager
during the formal resolution process; and

38.3.2.3.2.3 The City Manager shall make the final decision on the complaint which may be appealed by the Union to an
impartial arbitrator within ten (10) days of receipt by the Union of the City Manager's decision. Such an appeal
shall be processed in accordance with the above defined grievance procedure of this Agreement. The City shall
promptly notify the Union of the filing of all formal
complaints, as well as their acceptance or rejection.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 90 The City Manager or his or hertheir designee will notify the Union of a proposed decision on a formal complaint, and the reasons therefore, and upon a request within ten (10) days, shall meet with the Union prior to issuing a final decision.

If a grievance also alleges a violation of another section of the contract in addition to Section 3 (No
Discrimination), Section 38.3.2.3.2. shall apply only to that part of the grievance which alleges a violation of Section 3 (No Discrimination) unless otherwise mutually agreed.

Complaints challenging, disputing, or seeking to modify or change any policy component of the City's
EEO/Affirmative Action Program, including but not
limited to the assignment of responsibilities, workforce utilization analysis, and affirmative action goals and
timetables, shall not be subject to the
grievance/arbitration procedures of this Agreement. This in no way limits the right of the Union to grieve violations of the City's EEO/Affirmative Action Plan.
3 8 . 3. 2 . 3 . 3 Interpretation and Past Practice: In the case of issues of interpretation of the Agreement, past practices, payment of compensation or violations of Section 3 (No Discrimination) of the Agreement (Discrimination, etc.), if the grievant is not satisfied, s/he may move the complaint directly to Step 3 of this grievance procedure.

38.3.3 Formal Process: STEP 2 – Department Director
3 8. 3. 3. 1 Complaints Filed With: If the grievant is not satisfied with the results rendered in Step 1, the grievant may appeal the decision in writing to the applicable Department Director or his/her designee with a copy to the union.

Contract Interpretation and Past Practice, Compensation and EEO complaints would go directly to Step 3 of this process. (NOTE: See Section 38.3.2.)
3 8. 3. 3. 2 Filing Period: Such written appeal must be submitted to the Department Director or his/her designee within ten (10) days from the date the grievant received the decision of the Division Manager.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 91 3 8. 3. 3. 3 Process: The written appeal shall include a copy of the original grievance, a description of the informal process and results, the decision rendered at Step 1 and a clear, concise statement of the reasons for the appeal. Within ten (10) days of receiving the written grievance, the grievant shall be entitled to a personal conference with the Department Director or his/her designee if requested. Within ten (10) days of the personal conference, the Department Director or his/her designee shall communicate a written decision to the grievant and the union with a copy to the Director of Human Resources. Such action will terminate Step 2.

38.3.4 Formal Process: STEP 3 – Grievance Appeal Officer:

3 8. 3. 4. 1 Complaints Filed With: If the grievant is not satisfied with the results rendered in Step 2 for general grievances and Step 1 for issues of Contract Interpretation and Past Practice, Compensation or EEO, the grievant may appeal the decision in writing to the applicable Grievance Appeal Officer with a copy to the Department Director, the Director of Human Resources and the union.
3 8. 3. 4. 2 Filing Period: Such written appeal must be submitted to the appropriate Grievance Appeal Officer within ten (10) days from the date the grievant received the decision rendered in Step 2.

3 8. 3. 4. 3 Process: The written appeal shall include a copy of the original grievance, a description of the informal process and results, the decision rendered at Step 1 and 2 and a clear, concise statement of the reasons for the appeal. Within ten (10) days of receiving the written grievance, the grievant shall be entitled to a personal conference with the Grievance Appeal Officer or his/her designee if requested. Within ten (10) days of the personal conference, the Grievance Appeal Officer or his/her designee shall communicate a written decision to the grievant and the union with a copy to the Director of Human Resources and the Department Director. Such action will terminate Step 3.

38.3.5 Formal Process: STEP 4 – Arbitration
3 8. 3. 5. 1 Complaints Filed With: If the Union is not satisfied with the results rendered in Step 3, the Union may require that the grievance be referred to an impartial arbitrator by notifying the applicable Grievance Appeal Officer.

3 8. 3. 5. 2 Filing Period: Such notification of desire to go to arbitration must be filed in writing with the Grievance Appeal Officer within thirty (30) days of the conclusion of Step 3 with a copy to the Director of Human Resources. Provided further that the Union shall forward to the City the Union’s portion of the California State Mediation and Conciliation

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 92 Services (CSMCS) fee within sixty (60) days of receipt of the City Manager’s response. Failure by the Union to meet either the thirty (30) day or sixty (60) day deadline for both referral to Arbitration and payment of the CSMCS fee shall be deemed as a full and complete waiver by the Union to appeal the City Manager decision to Arbitration and the City Manager decision shall be final and binding on all parties. 3 8. 3. 5. 3 Process: The impartial arbitrator shall be selected from the California State Mediation and Conciliation Services (CSMCS) unless another party is mutually agreed upon. CSMCS will provide a list of five (5) arbitrators. The City and the Union will alternately strike a name until one remains. The remaining name will be the arbitrator. An impartial arbitrator shall be selected on a rotating basis from a list of arbitrators to be agreed upon by the parties within ninety (90) days following adoption of this Agreement, which shall be appended to this Agreement, provided however that any request for arbitration arising prior to agreement between the parties on the list of arbitrators shall be processed in accordance with Section 38.3.5.3 of the predecessor 2021-2024 MOU.

The first arbitration shall utilize the first arbitrator on the list and each arbitrator will be used in succession until each arbitrator on the list has been utilized, at which point the next arbitration will be heard by the first arbitrator on the list.

Once a matter has been appealed to arbitration, the City will notify the arbitrator next in line on the list. The selected arbitrator shall offer five (5) or more hearing dates within six (6) months of the date of selection.

Each party shall endeavor to make themselves available for at least one (1) of the hearing dates offered by the arbitrator.

The cost of the arbitrator's decision shall be borne equally by the parties.

The arbitrator may hear testimony, receive written briefs, interview witnesses, and conduct any investigations she or hethey deem s appropriate, and shall render a final and binding decision to the parties which will end the formal grievance process.

No Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a deposition over which a formally recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as specified in this Section.

Proposals to add or to change the Agreement or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate the Agreement, nor any matter or subject arising out of or in connection with such proposal may be referred to arbitration under this Section; and neither any Arbitrator shall have the power to amend or modify or recommend amendment or modification of the Agreement, or any written agreements or addenda supplementary

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 93 hereto or to establish or recommend establishment of any new terms and conditions of employment.

No changes in this Agreement or interpretation thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 94 38.3.6 General Conditions of a Formal Grievance
3 8. 3. 6. 1 Union Representation: The grievant shall be entitled upon request to representation by the Union at all levels of the grievance procedure. In situations where the Union has not been requested to represent the grievant, the City will not agree to a final resolution of the grievance until the Union has received a copy of the grievance and the proposed resolution, and has been given the opportunity to respond and state its view on the matter. The Union will be given ten (10) days in which to respond.

3 8. 3. 6. 2 Time Limits: Failure by the Union to file or appeal a grievance within the time limits specified constitutes a dropping of the grievance. Failure by the City to respond by the specified times shall entitle the Union to move the matter to the next higher step of the grievance procedure. If both parties agree, the time limits may be waived for a specific period of time at any step in this procedure.
3 8. 3. 6. 3 Witnesses: The City and / or the grievant may call witnesses.

3 8. 3. 6. 4 Release Time: If an employee covered by this Agreement gives testimony in connection with the grievance procedure during working hours, the employee shall suffer no loss of pay. If the grievant's hearing is scheduled during working hours, the grievant shall suffer no loss of pay in order to present his or hertheir grievance.

SECTION 39: DISCIPLINARY ACTIONS

39.1 Preamble

39.1.1 The City commits itself to the application and enforcement of a uniform policy of progressive discipline.

39.1.2 An employee may request the presence of a steward during an interview with her/his supervisor which the employee reasonably believes may result in disciplinary action, and where there is no assurance from the supervisor that disciplinary action is not intended. If at any time during an interview without a steward in attendance, it becomes apparent that disciplinary action could occur, either party may adjourn the interview until a steward can be present.

39.1.3 The supervisor may have a management representative present during a discussion with an employee and his or hertheir Union representative.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 95 39.2 Definitions:

39.2.1 Disciplinary Action: The recommendation of or implementation by an employee’s supervisor or Department Director related to the suspension, demotion, salary reduction or discharge of an employee covered by this Agreement.

39.2.2 Disciplinary Appeal: A Disciplinary Appeal is the procedure established hereunder to afford an employee his or hertheir due process rights related to a pending disciplinary action. An employee may appeal the recommendation or imposition of suspension, demotion, salary reduction or discharge other than when such action is taken during the formal probationary period for that employee.

39.2.3 Salary Reduction: Salary Reduction is the reduction of an employee’s base compensation to a lower salary step within the employee’s current salary range for a specified period of time.

39.2.4 Suspension: Suspension is the temporary removal of an employee from his or hertheir duties without pay.

39.2.5 Union: The term Union used throughout this procedure shall include by reference the bargaining unit itself and the appropriate Chapter President and Chief Steward who may be representing an employee engaged in this Grievance and Disciplinary Appeal Procedure.

39.2.6 Day: A day is defined herein as any day in the calendar year on which the City of Berkeley is regularly open and providing full administrative services to the public.

39.3 Written Reprimand
In the event that an employee receives a written reprimand, the Union or the employee may request a meeting with the supervisor to discuss the reprimand.

Such meeting shall occur within fifteen (15) days of the request. The employee may write a rebuttal to any written reprimand within thirty (30) calendar days of receiving the written reprimand or the meeting and such rebuttal will be placed in the Personnel File along with the written reprimand.

39.4 Demotion
The City Manager (or Board of Library Trustees) may demote an employee who so requests it, or whose ability to perform required duties falls below standard, or for just cause. No employee shall be demoted to a class for which the employee does not possess the minimum qualifications as determined by the Director of Human Resources.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 96 Notice of the demotion shall be given the employee no later than thirty (30) days prior to the effective date of demotion and a copy of said notice shall be simultaneously filed with the Director of Human Resources and the Union. Said notice shall include the reasons for the action.

An employee with permanent status who is demoted shall assume permanent status in the class to which the employee is demoted.

Upon the request of the employee, demotion may be made to a vacant position as a substitution for layoff. In such cases the employee shall be restored to his/her other former position without further examination whenever such position is again to be filled.

39.5 Suspension
The City Manager may suspend an employee from his/her position at any time for just cause. Suspension without pay shall not exceed twenty (20) working days. No employee shall be penalized by suspension for more than twenty (20) working days in any one year period.

A Department Head may suspend an employee for not more than three (3) working days for any one offense. Such suspension shall be reported immediately in writing to the City Manager and the Union.

Any suspension will be postponed until the City Manager level is concluded in the grievance/disciplinary appeal procedure.

An employee who the Department Head determines to be an immediate threat to the health and safety of co-workers or the public shall be placed on administrative leave with pay and sent home.

39.6 Discharge
An employee may be discharged at any time by the City Manager or the Director of Library Services for employees of the Library , or the Executive Director of the Rent Board for employees of the Rent Board . If the probationary period has been completed, then such discharge must be for just cause. Any employee who has been discharged shall be entitled to receive a written statement of the reasons for such action. Said written statement shall be provided simultaneously to the Union.

39.7 Written Notice of Intent
Employees who are to be demoted, suspended or discharged for just cause shall be given written notice of such intended action, including the reasons therefore issued by the immediate supervisor/manager. A copy of such written notices shall be sent simultaneously to the Union. The employee shall be afforded the opportunity to a Skelly conference with the department head or his or hertheir designee as provided in Section 39.8.3 (Disciplinary Process: STEP 1 – Department Director) or may respond to the Notice of Intent in writing to the Department Head within ten (10) working days of receipt of the Written Notice of Intent.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 97 The Department Director (or his or hertheir designee) or for Library employees, the Deputy Director of Library Services (or his or hertheir designee) shall hold a Skelly conference with the employee and his or hertheir Union representative.

39.8 Disciplinary Appeals

39.8.1 Union Representation: An employee may request the presence of a Union steward during an interview with his or hertheir supervisor when the employee reasonably believes the interview may result in disciplinary action, and where there is no assurance from the supervisor that disciplinary action is not intended. If at any time during an interview without a steward in attendance, it becomes apparent that disciplinary action could result, either party may adjourn the interview until a steward can be present. The City commits itself to the application and enforcement of a uniform policy of progressive discipline.

39.8.2 Sole Mechanism: The provisions of this section shall be the sole mechanism for resolving Disciplinary Appeals pertaining to suspensions, demotions, salary reductions and terminations and shall be processed in the following manner:

39.8.3 Disciplinary Process: STEP 1 – Department Director

39.8.3.1 Skelly Conference: The Department Director (or his or hertheir designee) or for Library employees, the Deputy Director of Library Services (or his or hertheir designee) or for Rent Board employees, the Executive Director (or their designee), shall meet with the employee and his or hertheir Union representative, or the affected employee may choose to make an appeal in written form.

The Skelly conference is the employee’s opportunity to present his or hertheir side of the story. The Department Director or his or hertheir designee shall issue a Skelly decision sustaining, modifying or rejecting the discipline within ten (10) workingdays after the completion of the Skelly conference with the affected employee, or if the employee chose to make an appeal in written form, receipt of the written appeal. This shall conclude Step 1 of the Disciplinary Appeal Procedure.

For Suspensions of Three (3) Days or Less: If the employee or their Union do not appeal the decision of the Department Director or their designee resulting from Step 1, the disciplinary action shall be implemented in accordance with the provisions of Section 39.5 (Suspension) and the Disciplinary Appeal Procedure will end here.

39.8.4 Disciplinary Process: STEP 2 – Appeal of the Decision

39.8.4.1 Appeals Filed With: If the employee or his or hertheir Union is not satisfied with the Skelly decision in the case of suspensions of three (3)

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 98 days or less, or Skelly recommendation in the case of suspension of more than three (3) days, of the Department Director or his or hertheir designee resulting from Step 1, the employee or the Union may appeal the Skelly action rendered by the department head to the City Manager.

The City

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 99 Manager or his or hertheir designee shall hear the appeal. In the Library, the Board of Library Trustees may designate the Director of Library Services or their designee shall hear the appeal. or other designee as the Discipline Appeal Officer. For the Rent Board, the Executive Director or their designee shall hear the appeal.

For Suspensions of Three (3) Days or Less: If the employee or his or her Union do not appeal the decision of the Department Director or his or her designee resulting from Step 1, the disciplinary action shall be implemented in accordance with the provisions of Section 39.5 (Suspension) and the Disciplinary Appeal Procedure will end here.

For Disciplinary Action of Suspensions of Greater than three (3) days or Discharge: If the employee or his or hertheir Union do not appeal the Skelly action rendered by the Department Director or his or her designee resulting from in Step 1, the disciplinary actions involving suspension greater than three (3) days, salary reduction or discharge will be referred to the City Manager/Director of Library Services/Executive Director of the Rent Board for review ,. The City Manager/Director of Library Services who may review or modify the Skelly action rendered by the Department Directorin Step 1 . If the City Manager/Director of Library Services /Executive Director of the Rent Board does not modify the Skelly action rendered by the Department Directorin Step 1, the Skelly action shall be implemented in accordance with the provisions of the Agreement and the Disciplinary Appeal Procedure will end here.

If the City Manager/Director of Library Services/Executive Director of the Rent Board contemplates modification of the Skelly action rendered by the Department Directorin Step 1 , the employee and the Uunion will be notified in writing of their right to a disciplinary appeal meeting with the Discipline Appeal Officer. Such notice shall be issued within ten (10) working days of receipt of the Department DirectorStep 1 Skelly action.

The Discipline Appeal Officer will hold a meeting and issue a decision as provided in Section 39.8.4.3 below.

39.8.4.2 Filing Period: Said appeal must be filed in writing within ten (10) working days of the conclusion of Step 1 above; and must contain the Notice of Intent, the written Skelly decision of the Department Director or designee and all other correspondence exchanged from the start of the original recommended action and Step 1 activities.

39.8.4.3 Process: The Discipline Appeal Officer receiving an appeal of a proposed skelly action shall hold a meeting with the employee and his or hertheir Union representative. The appeal meeting must be held with the employee and his/her Union within ten (10) working days of receiving the written appeal. The Discipline Appeal Officer shall issue a written decision sustaining, modifying or rejecting the discipline within ten (10) working days after the completion of the appeal meeting with the

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affected employee and/or the receipt of the written appeal. This shall

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 101

conclude Step 2 of the Disciplinary Appeal Procedure. Any decision to suspend, implement a reduction in salary or terminate an employee will become effective at the conclusion of Step 2 of the Disciplinary Appeal Procedure.

39.8.5 Disciplinary Process: STEP 3 – Arbitration

39.8.5.1 Appeals Filed With: If the Union is not satisfied with the decision of the Discipline Appeal Officer resulting from Step 2, the Union may appeal the decision issued at Step 2 as provided in Section 39.8.5.3 (Process) to an impartial arbitrator by notifying the City Manager.

39.8.5.2 Filing Period: Such notification of desire to go to arbitration must be filed in writing with the City Manager/Library Director/Executive Director of the Rent Board within thirty (30) days of the conclusion of Step 3 with a copy to the Director of Human Resources. Provided further that the Union shall forward to the City the Union’s portion of the California State Mediation and Conciliation Services (CSMCS) fee within sixty (60) days of receipt of the City Manager’s response. Failure by the Union to meet either the thirty (30) day or sixty
(60) day deadline for both referral to Arbitration and payment of the CSMCS fee shall be deemed as a full and complete waiver by the Union to appeal the City Manager decision to Arbitration and the City Manager decision shall be final and binding on all parties.

39.8.5.3 Process: The impartial arbitrator shall be selected from the California State Mediation and Conciliation Services (CSMCS) unless another party is mutually agreed upon. CSMCS will provide a list of five (5) arbitrators. The City and the grievant will alternately strike a name until one remains. The remaining name will be the arbitrator.

The arbitrator may hear testimony, receive written briefs, interview witnesses, and conduct any investigations she or hethey deem s appropriate, and shall render a final and binding decision to the parties which will end the formal disciplinary appeal process.

The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the employee (or his or hertheir Union) and the City.

Each party, however, shall bear the cost of its own presentations including preparation and post-hearing briefs, if any. Arbitrator decisions on matters properly before them which pertain to the disciplinary actions involving the suspension, demotion, pay reduction, or discharge of an employee shall be final and binding on both parties.

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39.9 General Conditions for Disciplinary Appeals

39.9.1 Union Representation: The employee who is the recipient of the recommended discipline shall be entitled upon request to representation by the Union at all levels of the disciplinary appeal process.

39.9.2 Time Limits: Failure by the employee or the Union to file an appeal of the proposed discipline within the time limits specified constitutes a dropping of the disciplinary appeal. If both parties agree, the time limits may be waived for a specific period of time at any step in this procedure.

39.9.3 Witnesses: The City and/or the appellant may call witnesses.

39.9.4 Release Time: If an employee covered by this Agreement gives testimony in connection with the disciplinary appeal procedure during working hours, the employee shall suffer no loss of pay. If the employee’s appeal is scheduled during working hours, the employee shall suffer no loss of pay in order to present his or hertheir appeal.

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ARTICLE 6 - MISCELLANEOUS TERMS AND CONDITIONS

SECTION 40: GENERAL PROVISIONS

40.1 Personal Conduct
4 0 . 1 . 1 Civil Public Service Limitation: No employee shall accept appointment to the deputyship or assistantship of any County or State Office or position, or otherwise incur an obligation of civil public service outside his/her regular municipal employment without first obtaining the recommendation of the head of his/her department, and of the City Manager for units G-1, G-3, L, R-1 and R-2.

4 0 . 1 . 2 Off-the-Job Conduct: No employee shall be disciplined for off-the-job activities which do not affect the employee's job performance.

4 0 . 1 . 3 Personal Creditors: Employees shall so arrange their personal financial affairs so that the demands of creditors and collection agencies shall not impose a recurring burden upon the officers of the City Manager, the Department Heads, or the Director of Human Resources for the purpose of making collections.
4 0 . 1 . 4 Private Business/Undertaking: Full-time City employees may not carry on concurrently with their public service any private business or undertaking, attention to which affects the time or quality of their work or which casts discredit upon or creates embarrassment for the City government. 4 0 . 1 . 5 Current Address: Employees have a responsibility to provide the City with their current address and telephone number.
4 0 . 1 . 6 Absence Reporting: All employees who are absent from work for any reason must report their absence and the reason for their absence or obtain prior permission to be on leave as required by this agreement.

40.2 Use of Automobiles and Parking
4 0 . 2 . 1 Vehicle Use and Mileage Reimbursement: The City Manager (or Director of Library Services or Executive Director of the Rent Board) shall govern the use of City-owned automotive equipment and privately-owned automotive equipment by such rules and regulations as he or shethey may establish.

Compensation will be given in the form of a cash allowance that will be equal to the amount established by the Internal Revenue Service, and will change as necessary to comply with IRS Standard Mileage Rate. This allowance shall apply only to the use of

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privately-owned vehicles used on City business which has been authorized in advance by the City Manager (or Director of Library Services or Executive Director of the Rent Board).
4 0 . 2 . 2 Liability Coverage: Employees who are required to utilize their automobiles for City business and who, pursuant to prior written authorization of their Department Head, are using their automobiles for transporting clients, shall be covered by insurance provided by the City in case of injury or liability to the client by virtue of the authorized employees' non-negligent operation of the vehicle.

4 0 . 2 . 3 Parking Violations: A field employee who, in the regular and authorized performance of his/her duties and because of unavoidable circumstances, receives a City of Berkeley parking violation citation shall be relieved of any and all fines connected therewith if such citation is submitted to the Department Head within three days of the issuance of such citation and the employee submits on a form provided by the City a written explanation of the circumstances under which the parking citation was issued. It is expected that employees shall use their best efforts to avoid parking violations. The City shall not be responsible for payment of parking citations and/or any fines or penalties associated with the failure of an employee to pay a parking citation if the employee did not submit the parking citation to the Department Head within the time limit specified in this paragraph and/or the Department Head determines that the citation was avoidable. 4 0 . 2 . 4 Parking Permits: The City Manager shall issue parking permits under rules he or shethey may establish, for allocation by the Department Head, to be used solely in the course of employment and the performance of the employees required field duties. The parking permits will allow employees to park in the field or in authorized off-street parking areas enabling the employee to perform his or hertheir work related duties using his or hertheir personal vehicle. These parking permits are intended to prevent the issuance of parking citations to employees while working in the field.

4 0 . 2 . 5 City Vehicle for Emergency Use: Employees who are regular members of a City recognized car pool, who are qualified to operate a City vehicle, who are insured, and who have no other alternative in an emergency situation, may request a City vehicle where the health or safety of a family member is at stake, subject to the approval of their department head.

4 0 . 2 . 6 Bicycle Rack: The City will install one (1) bicycle rack (Class 2) for 10 bicycles at 2180 Milvia, and a second Class 2 rack if demand warrants it.

40.3 Part-Time Employees and Prorated Benefits
All current career and grant-funded benefited employees who in the future request to become part-time career or part-time grant-funded employees working a minimum of 20 hours, but less than 40 hours per week, shall receive prorated,

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rather than full fringe benefits and shall pay, by payroll deduction, a pro rata portion of the health and dental insurance premiums. Effective July 1, 2008, the City will pay 75% of the cost of the medical plan which is fully paid for full time employees for those part time employees who work 20 to 29 hours per week. The City will pay 100% of the cost of the medical plan which is fully paid for full time employees for those part time employees who work 30 or more hours per week.

Effective January 1, 2025, the City will pay 75% of the cost of the dental plan which is fully paid for full time employees for those part time employees who work 20 to 29 hours per week. The City will pay 100% of the cost of the dental plan which is fully paid for full time employees for those part time employees who work 30 or more hours per week.

Current career and grant-funded benefited employees who are given the option of accepting part-time employment in lieu of layoff from City services shall continue to receive full health, dental and life insurance benefits paid by the City in addition to other prorated benefits.

Employees who voluntarily job-share to prevent layoffs of coworkers shall continue to receive full health, dental and life insurance benefits paid by the City in addition to other prorated benefits. Laid off employees who had career status at the time of their layoff, who are reemployed to part-time career status or temporary employment, shall resume receiving the level of health, dental and life insurance benefits paid by the City at the time of their layoff in addition to prorated leave benefits.

40.4 Annual Performance Evaluation
The City may implement a program of annual performance evaluation subject to Union review and comment. The program of annual performance evaluations shall be conducted as provided in the guidelines set forth in Administrative Regulation

2.3 (Performance Evaluation Program). Such evaluations shall be conducted by the employee's immediate supervisor and shall be reviewed by additional levels of supervision. The performance evaluation shall include a specific work plan for employee development. Each employee may make written comments on the evaluation which shall be made a part of the employee's personnel records.

After the initial evaluation conference between the employee and his/her supervisor the employee may make a written request for a subsequent conference with the supervisor (and such other representatives as may be determined by the City), and a Union representative to discuss the basis for the evaluation. It is specifically agreed that performance evaluations are not subject to the Grievance Procedure provided by this Agreement.

40.5 Employee Development and Training Opportunities
To facilitate employee development, employees may be assigned training opportunities which include duties normally performed by other classes at their regular rate of pay. Such assignments shall be voluntary, assigned and described in writing as a training and development opportunity and limited to 90 days. Such opportunities shall not be used to fill vacancies or in lieu of higher class

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assignments.

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4 0 . 5 . 1 Career Development: During the term of this Agreement, the parties agree to meet and discuss the current curriculum available through the City’s professional growth program. The City’s Training Officer will review and may expand on the current courses offered through the program. Employees are entitled to reimbursement of $250 per class per semester through the City’s Tuition Reimbursement Program.

Reimbursement for a Course taken at an Accredited Institution:

For fiscal year 2018-2019 the City shall allocate a total maximum of $20,000 towards a tuition reimbursement fund for members of this bargaining unit and members of the SEIU maintenance and clerical units. For fiscal year 2019-2020 the City shall allocate an additional $20,000 to this reimbursement fund. A maximum of $750.00 per employee may be approved per fiscal year from this fund.

Career members of the CSU/PTRLA and the Maintenance and Clerical Unit, on a first come first approval basis, may submit a tuition reimbursement request to the employee’s Department Head and the Human Resources Director for tuition reimbursement of a class taken at an accredited institution that is directly related to the employee’s job or related to a City of Berkeley job classification.

The Department Head and the Human Resource Director’s review and action on such request shall be final. Employee may submit a provisional reimbursement authorization request, one class at a time for the closest semester/quarter the course is being offered. To be reimbursed, including those that have received a provisional approval, employee must provide the City with proof of successful completion of the course with a B- or above grade and receipts for books and tuition.

SEIU employees in this unit and the Maintenance and Clerical unit shall not be entitled to receive any other additional tuition reimbursement through the training task force or other program administered by HR. This program is intended to be in place of any other City reimbursement program.

40.6 Educational Leave
The City shall allow up to forty (40) hours off with pay per year to employees:

4 0 . 6 . 1 Who have completed their probationary period;

4 0 . 6 . 2 Who are required by law or as a condition of employment to obtain a license, a registration or ICC certification and, in order to do so, must take courses which were not offered as a part of their basic curriculum or;

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4 0 . 6 . 3 Who are required by law or as a condition of employment to obtain continuing education units;
4 0 . 6 . 4 To obtain education and training related to job skills, to enhance performance of assigned duties or to promote employee development.

No more hours than are required by the State shall be granted. Employees seeking time off to take courses for an initial license must provide verification that the course was not offered as a part of their basic curriculum. All coursework will require pre-approval by a departmental manager prior to undertaking the coursework.
4 0 . 6 . 5 The City and the Union recognize that some of the training applicable under this Section may be available over the Internet, through home study or correspondence courses and may be done from non-work locations.

If the coursework is taken during hours outside the normal work schedule the employee will be compensated for this time in accordance with the provisions of the Understanding and the Fair Labor Standards Act.

However, the employee may request time off equal to the hours of training during the pay period in which the training occurred and such request shall not be unreasonably denied.

40.7 Assignments for Temporarily Disabled Employees

4 0 . 7 . 1 Industrial Modified Duty: The City may accommodate, when feasible, employees covered by this Agreement under the provisions of Workers' Compensation, and such work assignments are to incorporate the following provisions:

40.7.1.1 The assignment shall be consistent with medical limitations as determined by the physician of record.

40.7.1.2 The assignment shall be within the City of Berkeley and may include hours and days of work other than the employee's regular assignment.

40.7.1.3 Nothing herein shall require the City Manager to approve light duty assignments nor shall give an employee the right to refuse an assignment which complies with medical restrictions. Such assignment shall be at the employee's normal rate of pay.

4 0 . 7. 2 Non-Industrial Modified Duty : The City may accommodate an employee disabled with a non- industrial disability by providing a modified work assignment in that employee's classification. To be eligible for such a modified assignment, the employee must provide the Human Resources

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Department with a medical statement from his/her treating physician that clearly states the medical limitations and abilities of the employee. If modification of that position does not serve the best interests of the City, other classifications may be considered, subject to the approval of the Director of Human Resources. Compensation will be provided at the level of the classification in which the temporarily disabled employee works during the disability. The employee must meet standards of satisfactory performance for the duration of the work assignment.
4 0 . 7 . 3 Pregnancy Related Modified Duty: In the case of a medically certified pregnancy related disability, in which the normal duties clearly threaten the health and safety of the employee or the unborn child, the Human Resources Department will endeavor to place the employee in a position which best serves the interest of the City, with no loss of pay, but in no event will such placement exceed 5 months in duration.

40.8 State Disability Insurance Integration
Except as provided in Section 39.8.3 below, any employee who is absent due to personal illness for more than 7 calendar days (or for any period of time if hospitalized) may apply for State Disability Insurance (SDI) benefits.

After such employee has been absent from work due to personal illness for six workdays, the City shall integrate the employee's pay with the employee's State Disability benefits in the following way:
4 0 . 8 . 1 The City will determine the weekly SDI benefit amount based on the amount of wages earned with the City of Berkeley in the SDI base period.

4 0 . 8 . 2 The weekly SDI benefit will be subtracted from the employee's normal weekly wages and the amount necessary to bring the total of State Disability plus wages to 100% will be deducted from any accumulated sick leave, vacation leave and compensatory time available to the employee. The integrating with vacation leave and compensatory time is optional but will be automatically implemented after sick leave has expired unless written notification is received from the employee as discussed below.

4 0 . 8 . 3 Any employee may choose not to apply for State Disability Insurance but it is his/her responsibility to notify the departmental payroll clerk of this fact, in writing, to stop sick leave integration. The employee must also notify the payroll clerk, in writing, to stop integration of State Disability Insurance payments with vacation leave or compensatory time. Upon receipt of notification, the payroll clerk will cease integration of any future leave for that incident of illness.

4 0 . 8 . 4 The employee must show the State of California form (Disability Insurance Notice of Computation) to his/her payroll clerk to verify dates covered by

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SDI and the amount to be paid. The employee must inform his/her payroll clerk of all SDI payments. Any employee entitled to State Disability Insurance shall receive in addition thereto such portion of his/her accumulated leave as will meet but not exceed, the standard earnings of the employee for his/her normal workweek, up to a maximum of five (5) days.

40.9 Health and Safety

4 0 . 9 . 1 Requirement: The City and the Union will make every effort to maintain excellent health and safety standards. No employee shall be required to perform work with unsafe equipment or in situations which are injurious to his/her health or safety. To further these purposes, the City shall maintain an ongoing safety program which shall include a committee comprised of four Union representatives and appropriate supervisory personnel. There shall be a coordinator designated by the City. The committee may meet monthly.
4 0 . 9 . 2 Safety Inspection Team: A safety inspection team may inspect work locations and equipment in regard to safety and health considerations. The safety inspection team shall consist of the Occupational Health and Safety Coordinator and two members of the safety committee to be chosen by the Occupational Health and Safety Coordinator. The inspection team may make written recommendations for safety and health improvements, and the City shall give a written response within fifteen (15) days or sooner, if possible, because of emergency conditions.

4 0 . 9 . 3 Inspection Team Reporting: The inspection team may also investigate and report on all substances currently used by the City employees and all proposed for future use.

4 0 . 9 . 4 Tuberculosis and Asbestos Screening Tests: The City shall provide annually, on City time, free tuberculosis and asbestos screening tests, at no cost to the employee, for all employees who, in the course of their work, are subject to health hazards which may cause tuberculosis or asbestos poisoning.

4 0 . 9 . 5 Blood or Bodily Fluids Equipment: The City shall take appropriate steps to ensure that the proper equipment for handling blood or bodily fluids is available at all sites where clients are provided care which may expose staff to blood or bodily fluids.
4 0 . 9 . 6 Blood or Bodily Fluids Training: City staff who handle blood or bodily fluids shall receive proper training and equipment.

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4 0 . 9 . 7 AIDS/ARC Training: The City shall take appropriate steps to educate employees regarding AIDS/ARC and its transmission.

40.10 Video Display Equipment

4 0 . 1 0 . 1 Working Conditions : The City and the Union agree that employees working on video display equipment shall have safe and healthy work environments. These environments shall avoid excessive noise, crowding, contact with fumes, and other unhealthy conditions.

The City agrees wherever practical, to design the flow of work to avoid long, uninterrupted use of video display equipment by City employees.

4 0 . 1 0 . 2 Pregnancies: The City will accommodate requests for transfer from pregnant employees whose job duties require frequent exposures to video display equipment subject to the following:

40.10.2.1 such transfer will be limited to other positions which are vacant which the transferee is qualified to perform:

40.10.2.2 to voluntary trading of positions where both parties are competent to perform the new assignments:

40.10.2.3 to any position held by a temporary employee if the pregnant employee is qualified.

4 0 . 1 0 . 3 Visual Screening and Education: The City will develop a visual screening and education program effective July 1, 1988 for employees who in the course of their employment operate VDT terminals more than half the time.

This program will include visual screening at or near employment, a referral system for employees with possible VDT related vision problems, and a regular follow-up screening at approximately two years.

4 0 . 1 0 . 4 Corrective Glasses and VDT Equipment: The City shall provide corrective glasses medically certified as required for the job to VDT operators. Within twelve (12) months of the implementation of this agreement the City will complete a survey of all departments to determine the need for ergonomic VDT equipment. Upon completion of the survey the Union and City will establish a schedule to meet the identified needs over three (3) fiscal years.

The City will deal with purchases related to VDT equipment according to NIOSH or other standards as agreed if funds are available.

40.11 YMCA Group Membership
The City shall offer employees a low or no-cost group membership in the Berkeley Central YMCA. As of July 1, 1999 the City will pay 75% of the membership fee. If

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the monthly fee is increased to more than $60 the employee share will be capped at $30 per month; the City will pay the balance. The amount the City contributes toward the employee’s monthly membership fee is subject to federal and state income tax withholding.

Use of a YMCA membership by a City of Berkeley employee, as provided for in this Agreement, is non-compensable, is not a part of the employee's work-related duties, is not required for employment and is not condoned as part of a physical fitness program, or required to maintain top physical conditioning for the employee's job performance.

The City of Berkeley or its Claims Administrator may not be liable for any injury which arises out of a City of Berkeley employee's participation in and use of a YMCA membership.

40.12 Internships
A career advancement internship program shall be established by the City. Two (2) internships of six (6) months each shall be implemented for each year of this agreement. Career advancement internship guidelines shall be developed by the City in consultation with the Union.

40.13 License and Registration Renewal
The City shall pay the full cost of professional license, registration or ICC certification renewals for all employees whose classification requires a professional license, registration or ICC certification.

40.14 Personnel Files

4 0 . 1 4 . 1 Maintenance: All official records of the employee's personnel history are maintained in the Human Resources Department (in the Library the files are maintained in Library Administration), including applications for appointment, performance appraisal forms, employee transaction forms, formal disciplinary actions and other documents pertinent to the employee's official personnel history.

4 0 . 1 4 . 2 Inspection: Employees have the right to inspect their personnel file which is maintained in the Human Resources Department during normal business hours, by appointment, as provided by law. No material of any kind, except documents submitted by the employee shall be placed in an employee's official personnel file after the date of employment without a copy being given to the employee. The employee may provide a concise written response to any material which is maintained in the personnel file. 4 0 . 1 4 . 3 Records of Grievances: Records of grievances filed by an employee which do not relate to any disciplinary action taken against that employee shall not be maintained in the individual's personnel file.

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4 0 . 1 4 . 4 Disciplinary Actions: Except as otherwise required by applicable law, any material related to disciplinary action which is subsequently overturned or rescinded shall be removed from the employee's personnel file. 4 0 . 1 4 . 5 Reprimands and Counseling Letters: Formal letters of reprimand or formal counseling shall be removed from an employee's personnel file upon request after 24 months provided the employee has maintained satisfactory performance. Counseling memos shall not be placed in employee’s personnel files.

40.15 Commuter Check Subsidy Benefits
Upon request, the City shall provide a Commuter Check subsidy valued at eighty dollars ($80.00) per month to an employee for transit, biking or van pool.

Commuter check subsidies are only intended for use by the employee while employed with the City of Berkeley and may expire due to inactivity. The City shall also provide employees the opportunity to set aside income on a pre-tax basis for a qualified transportation benefit through payroll deduction up to the maximum allowed by the Federal tax code.

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40.16 Protective Clothing and Shoes
4 0 . 1 6 . 1 Rain Gear - The City will provide rain gear upon request of the employee in the classifications named below who are mandated to work in inclement conditions.

Job Code Classification Title
24060 Assistant Environmental Health Specialist
37060 Building Inspector I (Certified)
37050 Building Inspector II
33090 Code Enforcement Officer I
33100 Code Enforcement Officer II
28830 Environmental Compliance Specialist
91050 Field Representative assigned to the Solid Waste Division in Public Works
35070 Fire Prevention Inspector
24590 Hazardous Materials Specialist I
24560 Hazardous Materials Specialist II
33080 Housing Inspector
63200 Mini Bus Driver
24050 Registered Environmental Health Specialist
32030 Senior Building Inspector
24690 Senior Environmental Health Specialist
34030 Senior Vector Control Technician
34040 Vector Control Technician
24810 Social Services Specialist
24780 Behavioral Health Clinician I
24790 Behavioral Health Clinician II
65742 Recreation Activity Leader R‐2
65740 Recreation Activity Leader

Effective the first full pay period after ratification, the 65532 Sports Field Monitor classification shall be added to the list of classifications receiving rain gear.

4 0 . 1 6 . 2 Shoes - An annual allowance of two hundred dollars ($200) shall be paid to employees in the classifications named below toward the purchase of safety shoes. The annual shoe allowance is subject to federal and state income tax withholding. Effective the first full pay period after ratification, the annual allowance shall increase to three hundred dollars ($300).

Job Code Classification Title
24060 Assistant Environmental Health Specialist
37060 Building Inspector I (Certified)
37050 Building Inspector II
33090 Code Enforcement Officer I
33100 Code Enforcement Officer II
28830 Environmental Compliance Specialist
91050 Field Representative assigned to the Solid Waste Division in Public Works

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35070 Fire Prevention Inspector
24590 Hazardous Materials Specialist I
24560 Hazardous Materials Specialist II
33080 Housing Inspector

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Job Code Classification Title
33060 Housing Inspector (Certified)
24050 Registered Environmental Health Specialist
32030 Senior Building Inspector
24690 Senior Environmental Health Specialist
34030 Senior Vector Control Technician
34040 Vector Control Technician
24810 Social Services Specialist (for those employees regularly assigned to provide in‐person services at encampment
sites)
24780 Behavioral Health Clinician I (for those employees regularly assigned to provide in‐person services at encampment
sites)
24790 Behavioral Health Clinician II (for those employees regularly assigned to provide in‐person services at
encampment sites)

4 0 . 1 6 . 3 Uniforms – Effective June 29, 2008, employees in the classifications of Fire Prevention Inspector and Fire and Life Safety Plans Examiner shall receive a uniform allowance of $1,000 per year. Payment of such annual uniform allowances noted above shall be paid in twenty-six (26) equal biweekly installments, in accordance with California Government Code Section 20636. The amount the City contributes toward the uniform allowance is subject to federal and state income tax withholding.

4 0 . 1 6 . 4 Protective Clothing for Library Circulation Employees – the Library will provide knee pads and rain gear upon request of any Library Circulations employee.

40.17 Crimes against Employees
The Police Department will promptly respond to any calls regarding criminal acts committed against a City employee while engaged in his or hertheir employment.

Reports of assault or other acts of criminal misconduct committed against a City employee will be promptly investigated. The results of the investigation will be submitted to the District Attorney for disposition.

40.18 Legal Representation
The City will provide legal representation to the extent required by law.

40.19 Traumatic Leave
Effective ninety (90) days following ratification of this Agreement, unit members who, during their scheduled workday in the course and scope of their employment, become personally involved in or personally observe a traumatic event as defined in this section may be placed on Traumatic Event Leave by their departmental Director for the balance of that workday up to eight (8) hours. The unit member will be in paid status during the pendency of this leave, and any leave granted pursuant to this section shall not be charged against any other paid leave accrued by the employee.

For purposes of this section, “traumatic event” can be any of the following:

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 Witnessing a shooting, stabbing, or physical or sexual assault;  Being a victim of a shooting, stabbing, or physical or sexual assault;  Sudden and catastrophic building damage displacing the unit member from their work location for at least the balance of the day;  Life-threatening fire that necessitates evacuation and results in displacement of the unit member from their work location for at least the balance of the day;  Death of a City employee within the unit member’s immediate work group (defined as the smallest applicable divisional section consisting of 10 or fewer employees);
 Death of a client – applicable only to providers of mental health services within the Housing, Health & Community Services department.

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ARTICLE 7 – RECREATION ACTIVITY LEADERS AND SPORTS

OFFICIALS
SECTION 41: RECREATION ACTIVITY LEADERS AND SPORTS OFFICIALS

The parties recognize and acknowledge that Representation Unit R-2 employees are temporary, non-benefited, non-career employees without properties rights or an expectation of continued employment.

41.1 Final Conversion of Last Two (2) Full-Time Recreation Activity Leaders Effective the first quarter of the fiscal year 2017, the following shall occur:

1. City will offer two (2) full-time positions in the classification of Recreation Activity Leader (R-1) in order of seniority and paid status;

2. If employee declines full-time position offered, the City is no longer obligated to offer that R-1 employee full-time employment;

3. If two (2) full-time positions are filled, any of the remaining four (4) who were not offered the full-time position shall be grandfathered into their position (hours and benefits).

41.2 Scheduling for Representation Unit R-1 Employees
4 1 . 2 . 1 Rolling Quarterly Schedule: The City shall post a quarterly schedule of recreation services and programs for Unit R-1 employees. The schedule shall include work hours and job assignments for R-1 employees only. Copies of all schedules shall be provided to the Union President when they are posted.

4 1 . 2 . 2 Each seven (7) day workweek shall have 2 consecutive days off.

4 1 . 2 . 3 Hours in a work day will not be split into two or more segments that are separated by more than an unpaid lunch hour unless such split is the result of Union release time or department mandated training that cannot be scheduled without resulting in a split shift. The City will make reasonable effort to limit split shifts for training purposes to no more than one (1) time per month.

4 1 . 2 . 4 The aforementioned limitations on R-1 Work Scheduling may be waived by mutual agreement between the employee and the supervisor. 4 1 . 2 . 5 The City will adjust the benefit pro-ration for employees in Representation Unit R-1 based on the Rolling Quarterly Work Schedule of assigned hours and on the known and anticipated adjustment of hours during the quarter if less than full-time equivalent.

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4 1 . 2 . 6 Representation Unit R-2 Work Schedule
4 1 . 2 . 6 . 1 The work schedule for Representation Unit R-2 employee will not be split into two or more segments that are separated by more than an unpaid lunch hour unless such split is the result of Union release time or department mandated training that cannot be scheduled without resulting in a split shift. This limitation may be waived by mutual agreement between the employee and the supervisor.

4 1 . 2 . 6 . 2 Representation Unit R-2 employees are hourly, intermittent employees who can accept or reject hours.
4 1 . 2 . 6 . 3 The City agrees to provide each R-2 employee the opportunity to participate in a thirty (30) minute Union Orientation as part of the department’s new hire summer training program. The Orientation date shall commence as designated by the department.

41.3 Changes in the Work Schedule

4 1 . 3 . 1 When the City compiles and establishes the Rolling Quarterly Work Schedule, the City will assign Representation Unit R-2 employees so that a Representation Unit R-1 employee’s core work schedule does not change during the succeeding three months. Any changes in the posted schedule for an R-1 employee must be made at least 15 days in advance. Changes in an employee’s posted schedule must meet one of the following criteria:

4 1 . 3 . 1 . 1 A program is cancelled.
4 1 . 3 . 1 . 2 The number of attendees at the program/event is less than originally planned and requires less staff then originally scheduled.

4 1 . 3 . 1 . 3 A special event is scheduled after the Rolling Quarterly Work Schedule is posted and the City changes the schedule of an employee to cover the event. However, the change in the work schedule will not be made:
1) if the hours that the Representation Unit R-1 was originally scheduled to work are assigned to another employee, or 2) a less senior Representation Unit R-1 employee, a Representation Unit R-2 employee or a Sports Official is scheduled to cover the same hours in the same work site where the employee was originally scheduled to work.

41.4 Additional Hours
Additional hours are work hours which the City determines are needed due to added programs/events after the quarterly schedule has been posted or the absence of an employee which is known at least five (5) working days in advance

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of the employee absence. Additional hours will first be offered to R-1 employees based on seniority provided that the employee is qualified to perform the work. In the event the work which is available involves a single program which occurs over a number of days, the employee who receives the additional hours must be available to work all the hours. If no R-1 employee is scheduled for the additional hours, the hours will be offered to R-2 employees. A qualified R-1 employee will be offered additional hours based on seniority; this does not imply that seniority gives an employee the right to choose between two different programs offered as additional hours at the same time. An R-1 cannot be scheduled for additional hours that would require a modification to the employee’s core schedule.

41.5 Reduction/Elimination of Representation Unit R-2 Hours When a Representation Unit R-2 employee’s hours are reduced or eliminated for any reason, the employee and a Union Representative (steward, Chapter Officer or Union staff member) shall have the right to a meeting, upon his or hertheir request, as soon as practical, with the Division Chief responsible for approving the actions of the supervisor who reduced/eliminated the hours.

41.6 Representation Unit R-2 Additional Compensation
Effective June 29, 2008, Representation Unit R-2 employees shall be paid the equivalent of twenty (20) hours pay at the employee’s regular hourly rate for each five hundred twenty (520) hours worked.

SECTION 42:

R-1 AVAILABILITY TO WORK SCHEDULED HOURS

If a designated career part-time employee in Unit R-1 is consistently not available for regularly scheduled assigned hours, said employee may agree to a demotion into R-2, may resign and/or may be disciplined and thereby may be replaced with the most senior qualified employee who can accept those hours. This provision shall not apply if an employee is on an authorized leave (i.e., sick leave, workers' compensation, vacation, etc.).

SECTION 43:

ATTENDANCE AT MEETINGS

43.1 Staff Meetings
The Union may appoint one (1) employee in each Center who shall be allowed to attend, with pay, quarterly full-time staff meetings held with the Recreation and Youth Services Manager, and such other staff meetings to which the appointed employees may be invited by the Recreation and Youth Services Manager.

Quarterly meetings will be announced in writing. The Recreation and Youth Services Manager will be notified in writing by the Union of the names of employees who are appointed pursuant to this provision.

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43.2 Center Budget Planning
The Union may appoint one (1) employee from each Center who shall be allowed to participate in Center budget planning recommendations to be transmitted to the City Manager's Office.

SECTION 44: WEATHER CONDITIONS

44.1 Notification when Conditions Known
When weather conditions are such that prior to the start of scheduled outdoor activities it is known that these activities will be canceled, the employee shall telephone the Center Supervisor to ascertain the need for the employees services in productive alternative work.

44.2 Notification when Conditions are Unknown
When weather conditions develop after the start of scheduled outdoor activities which necessitate their discontinuation, the employee shall make an immediate assessment of the availability of alternate indoor space at the location involved and consider the productive uses to which such space can be devoted. In the event both space availability and program warrant, the employee shall then contact the Center Supervisor by telephone, specifying the proposal for the continuation of work.

44.3 Management Discretion
Under either situation set forth above, the decision to proceed with the work of the employee shall be at the discretion of the Center Supervisor, which shall be reasonably exercised.

44.4 Cancellation of Shift After Reporting to Work for R-2 Employees Only If management determines that due to weather, a natural disaster, or local emergency the program is to be canceled, and the Department does not have an alternate work assignment for the employee, and the Department does not notify the employee of the shift cancellation by no later than 9:30 p.m. of the evening before the employee is scheduled to report to the worksite, the employee shall be paid for their full shift for that day. If the cancellation lasts for more than one shift, the employee will be paid for the first shift that was canceled only.

SECTION 45: SUMMER WORK SCHEDULE

During the summer season (June 15 - August 15) the following shall apply in the operation of the City's summer recreation programs:

45.1 Offer of Jobs/Hours
New, additional or vacant recreation jobs or hours shall be offered to career, benefited Recreation Activity Leaders (RALs) and Sports Officials (SOs) who meet specific written qualifications and who may accept such work, so as to allow each career RAL and SO that so chooses to work up to 40 hours per week.

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SECTION 46: OVERNIGHT EXCURSIONS
Recreation workers who participate in overnight excursion will flex their schedule, if possible, to maintain a 40-hour workweek. If they are unable to flex, they will be paid overtime or compensatory time consistent with state law.

SECTION 47: LABOR/MANAGEMENT COMMITTEE
The City and the Union agree to create a joint Labor/Management Committee consisting of four (4) union and four (4) City representatives to discuss PTRLA to keep lines of communication open and to discuss the issues set forth in Section 40 (Recreation Activity Leaders and Sports Officials). The joint labor management committee will meet on a monthly basis or less frequently if mutually agreed by the parties.

SECTION 48: INTERNET ACCESS FOR R-2
Effective as soon as administratively possible, upon request by an employee the City will provide access to the City’s email system. Note: R-1 already have internet access.

SECTION 49: ACCESS TO CITYWIDE TRAINING

R-2 employees may sign up for Citywide trainings based upon supervisor approval and operational needs. No elective trainings will be approved between May 15 – August 15 of each year. Note: R-1 already have access to training.

SECTION 50: ACCESS TO INTERVIEWS WITHIN DEPARTMENT

Consistent with the City’s Personnel recruitment and examination requirements, R-1 and R-2 employees shall have the option to interview for vacancies within the Department, if they meet the minimum qualifications.

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ARTICLE 8 - RETIREMENT SYSTEMS

SECTION 51: PUBLIC EMPLOYEES' RETIREMENT SYSTEM

51.1 Participation
The City shall continue participation under the Miscellaneous Employees Plan of the Public Employees' Retirement System.

51.2 “Classic Employees” Definition
Classic Employees are defined as current employees and future employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA).

51.3 “New Members” Definition
New Members are as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA), Government Code Section 7522.04(f).

51.4 CalPERS Retirement Formula for Members as Defined Under the Public Employees’ Pension Reform Act of 2013 (PEPRA)
“New Members” as defined by PEPRA who are hired by the City on or after January 1, 2013 shall be entitled to the retirement formula set forth in PEPRA.

51.5 CalPERS Retirement Formula and Employer Paid Member Contribution for Classic Employees, i.e., current employees and future employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA)
Effective January 5, 2003, the City agrees to provide the 2.7% at age 55-retirement formula benefit improvement, and the City’s contribution to CalPERS on behalf of the employee will increase from 7% to 8%. Effective July 3, 1994, contributions made pursuant to this section shall be reported to PERS as "special compensation" as provided in Government Code Section 20636(c)(4) pursuant to Section 20691.

Said contributions shall not apply in the case of temporary or provisional employees.

The aforesaid contribution shall not be considered as a part of an employee's salary for the purpose of computing straight time earnings, compensation for overtime worked, or education incentive pay; nor shall such contribution be taken into account in determining the level of any other benefit which is a function of or percentage of salary. The City reserves the right to take said contribution into account for the purpose of salary comparisons with other employees.

The City will not treat these contributions as compensation subject to income tax withholding unless the Internal Revenue Service or Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state or local tax liability

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of the employee that may arise out of the implementation of this section or any penalty that may be imposed therefore.

51.6 New Members Payment of Normal Cost
New Members as defined by PEPRA who are hired by the City on or after January 1, 2013 will be required to pay 50% of the normal cost, as provided by CalPERS. New Members shall receive any other additional optional CalPERS benefits that the City provides to Classic Employees as allowed by PEPRA.

51.7 Hourly Rated Employees In Lieu of CalPERS
The Salary Resolution shall provide that hourly-rated employees working in represented classes will receive an additional 7% in-lieu of CalPERS.

51.8 Optional Benefits
The City’s contract with CalPERS includes the following optional benefits:

5 1 . 8 . 1 Classic Employees - One-Year Final Compensation : Classic Employees, as defined in Section 47.2, shall be eligible to receive retirement allowance based on One-Year Final Compensation as provided in Section 20042 (July 9, 1978).

5 1 . 8 . 2 New Members – Three Years Final Compensation: Provided further that New Members as defined by PEPRA hired on or after January 1, 2013 shall be eligible to receive retirement allowance based on three (3) highest consecutive years of compensation under the plan as provided in the California Public Employee Pension Reform Act of 2013, or as subsequently amended

5 1 . 8 . 3 Post Retirement Survivor Allowance as provided in Sections 21624, 21626 and 21628 (December 16, 1973).

5 1 . 8 . 4 Post Retirement Survivor Allowance to Continue after Remarriage as provided in Section 21635 (July 18, 1986).
5 1 . 8 . 5 Credit for Unused Sick Leave as provided in Section 20965 (June 26, 1988).

5 1 . 8 . 6 1959 Survivor Benefits to Surviving Spouse at Age 60 as provided in Section 21580 (December 16, 1973).

5 1 . 8 . 7 Third Level of 1959 Survivor Benefits as provided in Section 21573 (November 28, 1996).

5 1 . 8 . 8 2% @ 55 for Local Miscellaneous Members as provided in Section 21354 (June 30, 1992).
5 1 . 8 . 9 Military Service as Public Service as provided in Section 21024 (April 9, 1999)

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5 1 . 8 . 1 0 Public Service Credit for Peace Corps or AmeriCorps/VISTA Service as provided in Section 21023.5 (April 14, 2000).

51.9 Classic Employees’ Pension Contribution

5 1 . 9 . 1 Effective January 1, 2017, employees will contribute eight percent (8.0%) towards the City’s CalPERS employer share of pension through a 20516 CalPERS amendment that allows such contributions via automatic payroll deduction on a pre-tax basis, in exchange for the City granting the salary increase set forth in Section 9.1.6 of this Memorandum Agreement. Such employee deductions by the City shall be used towards the City’s CalPERS required contributions.
5 1 . 9 . 2 If legislation is enacted requiring employees under the CalPERS retirement system to pay all of the employee’s share of retirement, thus eliminating the EPMC, the parties agree as soon as possible to convert the employee’s contribution to the employer’s share under this 20516 CalPERS contract amendment to the employee’s share towards retirement and the City will continue to pay the wage increase as described in Section 9.1.6 (maximum of 5.58%) associated with this cost neutral provision.

51.10 New Members’ Pension Contribution

5 1 . 1 0 . 1 New members hired on or after January 1, 2013 shall pay 50% of the normal share of costs required by PEPRA.

5 1 . 1 0 . 2 Effective January 1, 2017, in addition to the contribution in Section 47.10.1, New Members will contribute eight percent (8.0%) towards the City’s CalPERS employer share of pension through a 20516 CalPERS amendment that allows such contributions as pre-tax via automatic payroll deduction, in exchange for the City granting the salary increase (5.58%) set forth in Section 9.1.6 of this Memorandum Agreement. Such employee deductions by the City shall be used towards the City’s CalPERS required contributions. 5 1 . 1 0 . 3 The additional 8% contribution referred to in Section 47.10.2 will be reduced as follows:

FY 2021-22: 3.0% (to be effective as soon as administratively possible following adoption of successor contract by the City Council and in accordance with CalPERS requirements or the first full pay period of calender year 2022 whichever comes first).

FY 2022-23: 4.0% effective July 1, 2022.

FY 2023-24: 1.0% effective July 1, 2023.

No change to Classic members’ contributions during the contract term.

5 1 . 1 0 . 4 The parties recognize that the CalPERS 20516 employee contributions towards the employer rate is in addition to the required 50% of the normal cost of “New Members’” benefits and made in consideration of additional

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salary increases in Section 9.1.6 above (5.58% salary increase in exchange for employees paying eight percent (8.0%) towards PERS pension cost). 5 1 . 1 0 . 5 If legislation is enacted and becomes effective during this agreement requiring “classic members” as defined by PEPRA to pay all of the employees’ share of retirement thus requiring the discontinuation of the

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20516 employee contribution towards the employer rate as described in Section 47.9.2 above, the parties agree that as soon as possible the City shall convert the “New Members’” eight percent (8.0%) contribution under the 20516 contract amendment to an equivalent payroll deduction. Such employee deductions by the City shall be used towards the City’s CalPERS required contribution.

SECTION 52: PUBLIC AGENCY RETIREMENT SYSTEM

52.1 PARS
Employees who are otherwise not covered by the provisions of Section 47 (Public Employees’ Retirement System), shall be enrolled in the Public Agency Retirement System (PARS).

52.2 Employee’s PARS Contributions

52.2.1 Employee Contribution: Each pay period, each employee shall contribute three and three-quarters percent (3.75%) of his or hertheir salary and deposited into his or hertheir PARS account.

52.2.2 Excluded from Salary: The aforesaid contribution shall not be considered as part of an employee’s salary for the purpose of computing straight time earnings, compensation for overtime worked, or education incentive pay; nor shall such contribution be taken into account in determining the level of any other benefit which is a function of or percentage of salary. The City reserves the right to take said contribution into account for the purpose of salary comparisons with other employers.

52.2.3 City Contribution: Each pay period, the City shall contribute three and three- quarters percent (3.75%) of the employee’s salary and deposited into their individual PARS account.

52.3 Termination from Employment
Upon termination from employment, the employee or his or hertheir beneficiary shall receive payment in full of all monies deposited in the employee’s individual PARS account.

SECTION 53: SUPPLEMENTAL RETIREMENT/DISABILITY INSURANCE PLAN

Effective January 1, 1983, the majority of miscellaneous employees under the City's contract with the State of California Public Employees' Retirement System who were covered by the integrated Social Security Program voted to withdraw from participation in the Federal Social Security Program. In lieu of Social Security payments, the City has agreed to pay an amount equal to that percent of individual pay (6.7% payable on the first

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$32,400 of salary paid in the calendar year) which had been paid by the City to Social Security as of December 31, 1982 to a Supplemental Retirement and Income and Long Term Disability Insurance Plan for those employees previously covered under the integrated CalPERS/Social Security Plan. Provisions of this plan are described in City of Berkeley Municipal Code Section 04.36.101 et seq. (Supplementary Retirement and Income Plan I and 04.38.101 et. seq. (Supplementary Retirement and Income Plan II) as amended.

As of November 27, 1994 the City will assume the premium payment of the optional SRIP II Long-Term Disability Plan for those members who are then enrolled in the program.

Upon completion of re-negotiations of the optional disability plan with the insurance carrier, the City will assume the premium payment for all members.

SECTION 54:

INCREASED HOURS
Part-time career employees in the same classification shall be notified and have the opportunity to apply for increased hours in a classification before hiring from the outside.

Decisions to offer the increased hours shall be based on program necessities. This provision shall not apply when the increased hours are offered to the occupant of the position and he/she hasthey have accepted same.

SECTION 55:

LIBRARY AIDES

55.1 Minimum Positions
The City shall establish an ongoing level of 9.63 additional FTE Library Aide positions (10.63 at start, leveling to 9.63 through attrition), 8 positions to be 20 hours per week with full pro rata fringe benefits. This will be in addition to the existing 2.925 FTE career Library Aide positions which will remain career positions of at least 20 hours per week.

55.2 Applicable Provisions
Part-Time Library Aides who work less than 20 hours per week do not receive health and welfare benefits including, but not limited to, medical coverage, pension benefits under CalPERS, retiree medical coverage, Supplementary Retirement and Income Plan, Long-Term Disability Plan, group life insurance, cash-in-lieu benefits and education leave. Part-Time Library Aides who work less than 20 hours per week do receive pro-rated vacation leave accrual, sick leave accrual, compensatory time accrual and floating holiday accrual. All other provisions of this Agreement are applicable to these Part-Time Library Aides who work less than 20 hours per week.

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55.3 Salary Advancement
When a permanent part-time Library Aide who works less than 20 hours per week has worked 1040 hours without terminating his/her service with the City or being terminated from his/her service with the City, such employee shall be moved to the second salary step within his/her classification on the first day of the payroll period following completion of said 1040 hours, provided that at least twelve (12) calendar months shall pass from step increase to step increase. Such employees shall be eligible for subsequent step increases on a 1040 hour formula.

An employee classified in a single classification who is specifically assigned to work in a different classification shall receive credit for such temporary hours worked in the employee's basic classification.

55.4 Step Increases
Hourly Library Aides who are appointed to 20 hour fully benefited positions receive the first step increase after that appointment based on the 1040 rule provided that 12 months have passed since the date of the last step increase. The anniversary date for further successive annual step increases shall be established based on the date of the first step increase after the 20 hour appointment is effective.

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ARTICLE 9 - LAYOFF PROCEDURE

SECTION 56: LAYOFF
This layoff policy for the City of Berkeley is intended to provide the maximum employment protection to the City staff should a layoff become necessary. The policy also aims to minimize the impact such a layoff might have on the City's affirmative action accomplishments.

56.1 Announcement of Layoff
5 6 . 1 . 1 The City Council, City Manager, and Department Head shall make every reasonable effort to manage and budget the City's resources effectively and to plan for the delivery of City services in a manner which will avoid the necessity to lay off career City employees. If a reduction in the work force is necessitated by, but not limited to, the following: a material change in duties and organization, adverse working conditions, return of employee from leave of absence, or shortage of work or funds, the City Manager shall notify the Director of Human Resources of the intended action and the reason for the layoff.

5 6 . 1 . 2 Immediately following a decision which may involve the potential layoff of career City employees, the City Manager shall freeze all current City vacancies in the competitive service in similar and related classifications to those likely to be targeted for layoff, as well as all related full-time, benefited, temporary positions which are expected to last six (6) months or more, and shall notify the Department Heads that such current and anticipated vacancies will be frozen until further notice in order to implement the provisions of Sections 52.4 (Employee Retreat Rights/Out Placement) and

52.5 (Employee/Union Notification). In notifying Department Heads of a freeze required by this section, the City Manager shall require that requisitions continue to be submitted for any budgeted positions which the Department intends to fill and for which funding is available.

5 6 . 1 . 3 After the City has announced the need for a reduction in force, including the magnitude of such reduction, and has informed employees of their prospective layoff or retreat, but before any actual layoff, the City will consider employee requests for the alternative action, including job sharing.

56.2 Seniority Service Date

5 6 . 2 . 1 All service in the employ of the City shall be counted toward the establishment of an employee's Seniority Service Date, including, for example, permanent, probationary, provisional, temporary (full-time and intermittent), seasonal, exempt employment, as well as leaves of absence

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for obligatory military service and approved family care leave while an employee of the City. Less than full-time service will be consolidated into equivalences of full-time service for the purpose of establishing the Seniority Service Date. Time off as a result of formal disciplinary action will be subtracted from the Seniority Service Date.
5 6 . 2 . 2 The Human Resources Department shall maintain up-to-date and current Seniority Dates for all City employees holding probationary and permanent appointments.

56.3 Establishment of Seniority Lists
5 6 . 3 . 1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification Seniority Lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate Probationary and Permanent Seniority Lists for each classification targeted for layoff.

5 6 . 3 . 2 The names of all City employees holding permanent and probationary appointments in a given classification will be on the appropriate list in descending order by Seniority Service Date. Employees on both lists shall be laid off on the basis of their Seniority Service Date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the Probationary Seniority List for a specific classification will be laid off prior to employees on the Permanent Seniority List for that class.

5 6 . 3 . 3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will be listed only on a Seniority List for the class in which they hold permanent or probationary status and which is targeted for layoff.

If two (2) or more employees on a Seniority List have an identical Seniority Service Date, the tie shall be broken in the following order:

56.3.4.1 Time in classification - the employees having least time in the class shall be released first;

56.3.4.2 By lot.

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56.4 Employee Retreat Rights/Out Placement
5 6 . 4 . 1 Before an employee with permanent or probationary status may be released from employment with the City of Berkeley, the Human Resources Department must consider the employee's right to retreat to lower level classifications through which he or she wasthey were originally promoted, or any subsequently created intermediate level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted through a classification but for whom the classification is a natural progression or beginning in the classification series.

In addition to providing the employee with the appropriate retreat offer, when it is determined to be in the best interest of the service, the City Manager may authorize the Human Resources Department to offer the affected employee the option of out placement. The out placement offer would provide a designated amount of funds to be paid to the employee for use by the employee for career development. The employee could either accept the retreat offer (offer to bump another employee) or accept the out placement offer. If the employee accepts the out placement offer, the employee forfeits his or hertheir rights under the layoff policy and will be laid off without rights to re-employment.
5 6 . 4 . 2 In the process of retreating, the same rules concerning the length of service, classification, Seniority Lists, etc., apply as in the first stage of the layoff process. In order to retreat, the targeted employee must be higher on the Seniority List for the classification into which he or she isthey are retreating than at least one of the incumbents on the probationary or permanent Seniority List for that class.

5 6 . 4 . 3 Waiver of Minimum Qualifications: The City Manager may consider a temporary waiver of minimum qualification standards where the employee, because of (a) changes to the minimum requirements of a previously held classification, or (b) changes to the minimum requirements of a subsequently created intermediate level career classification in the same classification series, no longer meets the minimum qualifications of the previously held or intermediate level classification. The temporary waiver of minimum qualification standards shall be subject to a twelve (12) month probationary period during which time the employee must meet the new minimum qualifications of the classification. The employee shall be subject to the provisions of Sections 31.7 (Probationary Performance Evaluations) and 31.8 (Rejection During Probationary Period) of this Agreement.

Employees shall be advised of her or histheir progress in writing after three (3), six (6) and eleven (11) months in the classification. If at the conclusion of the probationary period, management determines that the employee is not

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meeting the minimum qualifications of the position, then the employee shall again be subject to the layoff process. Management will ensure that the retreating employee will receive orientation and feedback during the probationary period.
5 6 . 4 . 4 If an employee is qualified for retreat into more than one classification with comparable salary ranges, or if a vacancy exists in a classification to which an employee is entitled to retreat, the Director of Human Resources shall discuss the options with the employee and due consideration shall be given to the employee's preferences. The Director of Human Resources shall then make a recommendation to the City Manager. However, it is the prerogative of the City Manager to determine the final placement offer to the employee.

5 6 . 4 . 5 Salary Placement: The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his/her present salary range. An employee involved in layoff does not have a right of mandatory placement in positions with a higher salary range, i.e., promotion.
5 6 . 4 . 6 Reduction in Hours: If an employee with a full time position is offered a reduction in hours in that position or in a lower classification, the employee may elect to be targeted for layoff for purpose of consideration under Section 52.6 (Flexible Placement Program/Out Placement) If there is no flexible placement available for the employee, the employee may accept the reduction in hours, in lieu of layoff.

56.5 Employee/Union Notification

5 6 . 5 . 1 Emergency, temporary, intermittent, seasonal, etc., employees shall be notified individually, in writing, of pending layoff as soon as possible.

However, at least two (2) weeks notification is desirable if possible.

5 6 . 5 . 2 Provisional employees shall be notified individually, in writing, of pending layoff as soon as possible, with no less than fifteen (15) calendar days notification if targeted for release or reassignment.
5 6 . 5 . 3 Permanent, probationary, and career-exempt employees shall be notified individually, in writing, of pending layoffs as soon as possible, with no less than thirty (30) calendar days notification if targeted for release or reassignment.

If an employee fails to accept a bona fide offer of reassignment within ten (10) calendar days after the offer has been made, he/shethey forfeits further right to employment retention. Acceptance of a reassignment does not remove the right of appeal under Section 52.10 (Appeal Procedures).

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All notices of layoff under Section 52.5 (Employee/Union Notification) shall be issued to the Union simultaneously with notice to the affected employee(s). Together with any layoff notices sent to the Union, a list shall be included of all vacancies which are authorized for filling.

56.6 Flexible Placement Program/Out Placement

5 6 . 6 . 1 In order to minimize the negative impact of a layoff, the City Manager will, as previously stated in Section 52.1.2 impose a City-wide freeze on all appropriate vacancies as soon as it has been determined that a layoff of career City employees may be necessary.
5 6 . 6 . 2 Following the release of all emergency, temporary, and provisional employees in classes similar to those targeted for layoff, and as soon as employees targeted for layoff have been identified and the provisions under Section 52.4 (Employee Retreat Rights/Out Placement) have been carried out, the Human Resources Department will review and identify the frozen vacant classifications into which employees ultimately targeted for layoff may be placed on the basis of total experience and education. In making this decision, a waiver of minimum qualification standards and/or the substitution of related experience and education may be made, with an understanding on the part of management and supervisory personnel that adequate supervised on-the-job training which can be completed within no more than six (6) months will be provided to facilitate job adjustment and to compensate for the waiver of qualification standards if that has occurred.

A training program shall be developed with the employee, the supervisor, and the Training Officer. The employee shall be advised of her/his progress in writing after two months, four months and six months in the new classification. If at the end of this time the employee is unable to adequately perform the assignment, then the employee shall be again subject to the layoff process.

5 6 . 6 . 3 In addition to providing the employee with the flexible placement offer, when it is determined to be in the best interest of the service, the City Manager may authorize the Human Resources Department to offer the affected employee the option of out placement. The out placement offer would provide a designated amount of funds to be paid to the employee for use by the employee for career development. The employee could either accept the flexible placement offer (offer to be flexibly placed in a vacant position) or accept the out placement offer. If the employee accepts the out placement offer, the employee forfeits his or hertheir rights including, but not limited to, retreat rights, flexible placement and re-employment rights, under the layoff policy and will be laid off. All offers of out placement will be made in a manner to comply with general law and the affected employee will be

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required to sign a waiver and release of all claims in consideration for receiving this benefit.

The City Manager, at his their sole discretion, may approve outplacement payments in accordance with the Layoff Procedure at the rate of $1,000 or 2% of annual salary; whichever is greater, for each full time equivalent year of City Service, up to a maximum of $30,000.

5 6 . 6 . 4 Assignments under the Flexible Placement Program shall be limited to positions in the same or lesser salary range as the classification from which the employee is to be laid off, except that the City Manager may authorize the offer of a flexible placement to position with a maximum salary of no more than five (5) percent above the salary range as the classification from which layoff is targeted, when it is in the best interest of the City service to do so. Whenever flexible placement is made to a classification with a greater salary range, the appointment shall be probationary, in accordance with the terms of that classification.
5 6 . 6 . 5 All employees in classifications from which layoffs would otherwise be made shall be eligible to apply for flexible placement positions on a voluntary basis. Where more qualified employees apply under flex placement than are needed to prevent layoffs, each employee must be evaluated for his or hertheir background (as opposed to classification) to determine whether the employee can assume full duties of flex placement within six months. The City will choose the applicants it considers best qualified to be offered the flex placement position. Where there are not enough volunteers for flexible placement, all employees slated for Layoff shall constitute the flexible placement pool of employees and offers to positions under the Flexible Placement Program shall be made as follows:

56.6.5.1 The total experience and education for each employee slated for layoff is compiled.

56.6.5.2 The employees slated for layoff are listed by order of seniority and placed in positions in order of seniority.

56.6.5.3 The right to Flexible Placement shall remain in force for the duration of the re-employment list.

56.6.5.4 All offers and placements made under this provision of the layoff policy shall be documented in detail, with records available for audit and review. Upon request, a written statement of the reasons for not offering an employee a particular position shall be made to the employee and/or the Union.

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5 6 . 6 . 6 Offers to positions under the Flexible Placement Program shall be made according to Seniority Service Date and in accordance with the Probationary and Permanent Seniority List certification process outlined in Section 52.3 (Establishment of Seniority Lists) and in accordance with the following procedures:

56.6.6.1 Full-time vacancies authorized to be filled shall be listed in order from highest to lowest based on the actual maximum salary.

56.6.6.2 Part-time vacancies authorized to be filled shall be included in the above list in order based on the actual monthly maximum salary for the hours involved.

56.6.6.3 The individual with the earliest Seniority Service Date (SSD) targeted for layoff will be considered for flexible placement in the top position on the above list.

56.6.6.4 If it is determined that the person with the earliest SSD is eligible and qualified for flexible placement in the top position on the list, the Director of Human Resources shall recommend to the City Manager that the employee be offered the position. If the City Manager approves the recommendation, the employee shall be offered the position.

56.6.6.5 If the City Manager and/or Director of Human Resources determines that the employee is not eligible or not qualified for the top position, the Director of Human Resources shall proceed down the list of vacancies in an effort to identify the next highest position for which the employee is eligible and qualified for flexible placement. Upon identification of such a match, the Director of Human Resources shall recommend to the City Manager that the employee be offered the position.

56.6.6.6 This above process shall be repeated until either a match is identified or the list of vacancies has been exhausted.

56.6.6.7 The above process shall be repeated next for the employee with the second highest SSD, and, subsequently in order from earliest to most recent SSD for each other employee targeted for layoff.

5 6 . 6 . 7 If an employee fails to accept a bona fide written offer of an alternative job within ten (10) calendar days after the offer has been made, he or shethey forfeits further rights to employment retention. Acceptance or rejection of an alternative job under the Flexible Placement Program in no way jeopardizes an employee's standings on the Reemployment Priority Lists

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on which his or hertheir name has been placed in accordance with Section 52.7 (Reemployment Lists).

56.7 Reemployment Lists

5 6 . 7 . 1 The names of all probationary and permanent employees released from positions in the competitive service as a result of layoff must be placed on Reemployment Priority Lists for those classifications from which they were separated, as well as all other classifications to which they have retreat rights in accordance with Section 52.4 (Employee Retreat Rights/Out Placement).
5 6 . 7 . 2 A Reemployment Priority List shall remain in effect for three (3) years. Said list shall remain in effect indefinitely for employees who are retreated or flexibly placed and remain employed with the City. Except that eligibility for reemployment in seasonal positions shall not be in effect for more than one year.

5 6 . 7 . 3 Departments with vacancies in any classification for which there is an active Reemployment Priority List must use the Reemployment Priority List to fill their positions and may not use any other recruitment or appointment method to fill a vacancy until appropriate Reemployment Lists have been exhausted.

5 6 . 7 . 4 When a vacancy occurs in a class for which there is a Reemployment Priority List, the employee on the appropriate Reemployment Priority List with the highest Seniority Date shall be given the offer of employment with a copy sent to the Department Head. Employees so certified from the Reemployment Priority List must be appointed to the existing vacancy.

5 6 . 7 . 5 If a former employee fails to accept a bona fide written offer of reemployment to the class from which s/he was laid off within fifteen (15) calendar days, his/her name will be removed permanently from the Reemployment Priority List from which the offer was made unless the offer of reemployment is for fewer hours than his/her previous position. Failure to accept an offer of reemployment to the class with the highest salary range for which the employee is eligible for reemployment will result in automatic removal from all Reemployment Priority Lists. However, the employee may decline (or accept) temporary reemployment or reemployment to lower salary range classifications without jeopardizing his/her standing on the Reemployment Priority List for the classification from which s/he was originally terminated.
5 6 . 7 . 6 Upon reappointment to the classification from which the employee was originally separated or demoted, the employee has the right to be placed at

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the step of the salary range which the employee held at the time of layoff or demotion.

56.8 Reinstatement List

5 6 . 8 . 1 Provisions of this Section 52.8 (Reinstatement List) shall be applicable only to unrepresented positions and positions represented by Unions and/or Associations which have incorporated identical language in their Memorandum Agreement and/or in formally executed Letters of Agreement. 5 6 . 8 . 2 Any former employee on a reemployment list shall be included on the reinstatement list for a specific class at or below the class from which s/he was laid off whenever s/he both:

56.8.2.1 meets minimum qualifications of the specific class and

56.8.2.2 has requested reinstatement in that class.

5 6 . 8 . 3 In order to permit reinstatement in another specific class of an individual who is on a mandatory reemployment list, minimum qualifications may be waived and On-the-Job Training (OJT) may be provided as specified under the Flexible Placement Program.

Such individuals shall be included on the eligibility list certified for a specific position and identified as eligible based on this provision.

5 6 . 8 . 4 Consideration for 53.8.2 and/or 53.8.3 would be based on a written request from an employee for reinstatement in that specific class; such request must include an updated City of Berkeley job application form. 5 6 . 8 . 5 Berkeley Matters shall be sent to all former employees on Reemployment Lists.

56.9 Career-Exempt Employees
Only those employees holding full-time, benefited exempt positions who, in the past, have achieved permanent status and have been continuously employed without a break in service between their career and exempt appointment, have the right to retreat to previously held career classifications, placement on the Reemployment Priority Lists, and all other provisions governing layoff procedures.

For the purpose of layoff, such employees shall be referred to as "career-exempt".

56.10 Appeal Procedures
Any permanent, probationary, or career-exempt employee who is laid off, demoted, or reassigned as a result of layoff, who believes that the layoff procedure has been administered in violation of the terms of this Agreement, and those rules, regulations and resolutions which have been or may hereafter be adopted by the

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City Council, as it pertains to the employee's case, may appeal the action under Section 37 (Grievance Procedure). In addition, employees may, at all times, before, during and subsequent to layoff, review all records, including Seniority Lists, Reemployment Priority Lists, documentation pertaining to appointments under the Flexible Placement Program, etc., which pertain to their classification and their rights under the provisions of the layoff policy.

56.11 Reclassification or Reallocation of Positions
Reclassification or reallocation of positions shall not be used as a mechanism, the sole purpose of which is to improperly circumvent the provisions of this Agreement, including provisions relating to layoff, transfer, demotion or promotion.

56.12 Audit

5 6 . 1 2 . 1 If it is determined that a vacancy has been filled by an employee not on the appropriate Reemployment Priority List in a classification for which a Reemployment Priority List existed and which included available applicants at the time, the former employee with reemployment rights shall be hired and given retroactive pay from the date that the vacancy occurred. The employee who was originally hired to fill the vacancy shall continue to be retained in City employment provided s/he has completed her/his probationary period.

5 6 . 1 2 . 2 In the event of a dispute between the Union and the City over the application of the Reemployment Priority Lists and if either party so requests, the City Manager's Office shall order an audit by an outside auditor of all vacant positions filled in each department, and authorized positions which have not been filled, to determine whether the vacancies occurred in classifications for which Reemployment Priority Lists were in existence, and, if so, whether the appointments made by the selecting official were in accordance with the procedures outlined in Section 52.7 (Reemployment Lists). In the event vacancies for which Reemployment Priority Lists were in existence remained unfilled, the auditor shall offer an opinion as to whether or not the reasons for leaving the positions vacant appear to be legitimate. A report of the audit must be transmitted to the City Manager, the City Council and the Union.

56.13 Layoffs for Term of MOU which Expires June 26, 2021 For the term of this Agreement ending on June 26, 2021 only, the City recognizes the important role that the employee workforce play in delivering public services; therefore, during the term of this Agreement the City agrees to not layoff any represented career employees. However, should the City determine that its expenditures exceed its revenues during the term of this Agreement, the City may notice the Union in writing and the Union shall meet and confer over one-time cost savings and the alternatives such as furloughs, union-directed VTO, etc. Nothing in this section requires the City to retain positions (filled or vacant) where state, federal or grant funding has been reduced or eliminated and would require the City to backfill such positions. All other MOU provisions on Layoffs remain unchanged.

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ARTICLE 10 - LEGISLATIVE ASSISTANTLEGISLATIVE
AIDES

SECTION 57: LEGISLATIVE ASSISTANTLEGISLATIVE AIDES

57.1 At-Will Status
All positions in the Legislative AssistantLegislative Aide classification are excluded from the career service by Berkeley Municipal Code Section 4.04.120 of the Personnel Ordinance and serve at the will of the appointing authority. An employee in the Legislative AssistantLegislative Aide classification shall be employed by the City in an “at- will” status. This means that both the at-will employee and the City have the right to terminate employment at any time, with or without advance notice, and with or without cause. No employee or officer of the City of Berkeley has the authority to alter the employee's at-will status or to enter into an oral or written agreement for employment for a specified period of time, or to make any promises, assurances or agreements contrary to the provisions of this Section. Employees in the Legislative AssistantLegislative Aide classification shall not be subject to progressive discipline.

Employees in the Legislative AssistantLegislative Aide classification shall be entitled to only those benefits provided for at-will employees in the personnel rules and regulations or in applicable memoranda agreements.

57.2 SEIU Local 1021 CSU/PRTLA Current MOU Provisions Not Applicable to Legislative AssistantLegislative Aide s to the Mayor and to City Councilmembers Article 1 – Administration
• Section 4.8 Elected Official/Steward Leave Without Pay

Article 2 – Salaries, Hours of Work and Compensation Issues • Section 9 Salaries: Differentials/add pays in Section 9 not applicable to Legislative AssistantLegislative Aides except

9.22 Living Wage
• Section 10 Temporary Appointments
• Section 12 Hours of Work – At-will and FLSA excluded employees so all paragraphs in this Section are inapplicable except 12.8 related to Daylight Saving Time
• Section 13 Overtime – Not applicable to Legislative
AssistantLegislative Aides who are excluded from FLSA
• Section 14 Shift Differential – except Sections 15.2 Bilingual Premium Pay and 15.3 Longevity Pay

Article 3 - Leaves
• Section 18 Holidays – Sections 18.4 and 18.7 are inapplicable to Legislative AssistantLegislative Aides who are excluded from FLSA
• Section 24 Leave of Absence without Pay – 24.1 is inapplicable

Article 4 – Health and Welfare
• Section 32 Probationary Period
• Section 33 Transfer
• Section 34 Promotion
• Section 35 Filling of Vacancies

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• Section 37 Reinstatement

Article 5 – Grievance and Disciplinary Appeal Procedure • 38 Disciplinary Actions is inapplicable

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Article 9 – Layoff Procedure (entire Article 9)

57.3 Salary Range Step Advancement
Effective the first full pay period after Union ratification and Council approval, the following step range shall be amended as follows:

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $36.3384 $38.1512 $40.0670 $42.0652 $44.1664 $46.3706 $48.6984 $51.1292

Effective the first full pay period after Union ratification and Council approval, at initial salary step placement current incumbents who make less than Step 1 of the new range will move to at least Step 1 of the new range. All other incumbents will move to at least the new step closest to a Legislative Assistant’s current salary that represents an increase. Incumbents may be initially placed at a higher step in the step range at the discretion of the appointing authority. Thereafter, at their anniversary date, Legislative Assistants with a successful performance evaluation move to the next step. If a performance evaluation is not completed prior to a Legislative Assistant’s anniversary date, the Legislative Assistant shall move to the next step. Newly hired employees in the classification of Legislative Assistant may be placed at any step of the step range at the discretion of the appointing authority. Only employees in the Legislative Assistant classification who are excluded from FLSA shall be entitled to Administrative Leave as provided for in Article 3, Section 27.

The salary step advancement process for Legislative Aides shall be as follows:

Legislative Aides will automatically advance one step annually – upon their anniversary date in the classification and upon receipt of a performance evaluation that meets or exceeds expectations; they will automatically advance one step annually upon their anniversary date in the classification in the absence of an evaluation, but will not have their annual step increase in the event of a negative evaluation (below “meets expectations”); and

The hiring authority may move a Legislative Aide multiple steps upon a significant change in the Legislative Aide’s level of education, complexity of assigned tasks and duties, and/or supervisorial responsibilities.

57.4 One-Time Accretion Recognition Payment
Effective the first full pay period after Union ratification and Council approval, only employees in the Legislative Assistant classification currently in paid status shall receive a one-time accretion recognition payment. Payment shall be calculated as follows: the value equivalent to six months of the difference between the employee’s current base salary as of May 14, 2021 and the employee’s new base salary as defined in Article 11, Section 54.3 subject to applicable tax deductions and withholdings. Legislative Assistants employed less than six months upon Union ratification and Council approval shall receive the accretion recognition payment on a pro rata basis.

DocuSign Envelope ID: 65875E8A-66B1-4A8A-9AFD-E64A0A6C35CE 20241-20274 Memorandum
Agreement
143

City of Berkeley SEIU Local 1021 Community Services & PTRLA

SIGNATURE PAGE
SEIU Local 1021: City of Berkeley:

David Canham, Executive Director, SEIU 1021 Paul BuddenhagenDee Williams-Ridley, City Manager

Peter Masiak, Eastbay Field Director, SEIU
1021Jonathan Nunez-Babb, East Bay Field
Supervisor, SEIU 1021

Nato Green, Chief NegotiatorDarryl Richardson,
Field Representative, SEIU 1021
Jonathan HoltzmanDania Torres-Wong, Chief Negotiator

Anne CardwellDavid White, Deputy City Manager

Julio CorralAndre Spearman, Field Representative, SEIU 1021 Aram KouyoumdjianLaTanya Bellow, Director of Human Resources

Jose GuerreroKhin Chin, Bargaining Team Member Tanya BustamanteChristina Erickson, Deputy Director of Parks,
Health, Housing, & Community Services Department
Recreation and Waterfront

Julia WiswellAndrea Mullarkey, Bargaining Team Member Scott Ferris, Director of Parks, Recreation and Waterfront

Jamie CooneyAngie Chen, Bargaining Team Member Kevin Schofield, Police Department

Allison RiemerJoao Sousa, Bargaining Team Member Tess Mayer, Director of Library Services

Danielle HallFranziska Gehrmann, Bargaining Team Member Steven Grolnic-McClurg, Housing and Community Services

Nico LedwithTom Sephton, Bargaining Team Member Ravinder Rangi, Employee Relations Manager

Christina ReaWanda Drouillard, Bargaining Team Member

Arcata GriffinChris Naso, Bargaining Team Member

Joaquim Lee, Bargaining Team Member

DocuSign Envelope ID: 65875E8A-66B1-4A8A-9AFD-E64A0A6C35CE 20241-20274 Memorandum
Agreement
144

Nate Dahl, Bargaining Team Member

Vlad Kaplun, Bargaining Team Member

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Exhibit A – Salary Ranges as of August December 8, 20241 (63.0% Salary Increase)

Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 21070 L Accountant I N 37.7041 39.3207 40.9122 42.6203 44.5032 21170 L Accountant II N 47.0066 49.0586 51.2765 53.4774 55.8173 28230 L Applications Programmer/Analyst I N 45.7108 47.6595 49.7989 51.9923 54.2403 28220 L Applications Programmer/Analyst II N 49.8804 52.0829 54.4307 56.8870 59.4615 22280 L Architect E 56.7058 59.4162 62.2894 65.2805 68.3713 22270 L Assistant Architect E 48.6023 50.8231 53.2522 55.8450 58.5910 24060 G1 Assistant Environmental Health Specialist N 0 0 39.9461 42.0852 43.7617 28090 L Assistant Management Analyst N 37.6801 39.3117 40.9066 42.5927 44.4782 54040 G1 Assistant Mental Health Clinician N 31.7067 32.8305 33.8823 35.0695 36.8373 29200 L Assistant Planner N 37.9153 39.5833 41.1789 42.9192 44.7773 28100 L Associate Management Analyst N 47.0066 49.0585 51.2765 53.4774 55.8175 29030 L Associate Planner N 45.7835 47.8047 49.7444 51.9650 54.3490 21340 L Auditor I N 37.7041 39.3207 40.9122 42.6203 44.5032 21160 L Auditor II N 47.0066 49.2245 51.3289 53.5383 55.8175 26070 IA Automation Librarian N 45.5660 47.6868 49.9346 52.3276 54.8930 24780 G1 Behavioral Health Clinician I E 40.3373 42.0288 43.7536 45.5118 47.3115 24790 G1 Behavioral Health Clinician II E 44.4286 46.1951 48.0196 49.9362 51.8944 37060 L Building Inspector I (Certified) N 44.7499 46.6897 48.8108 50.8682 53.0891 37050 L Building Inspector II N 46.1095 48.1040 50.2883 52.4092 54.7026 37070 L Building Inspector II (Certified) N 47.9679 50.0255 52.3007 54.5124 56.8962 35160 L Building Plans Examiner N 47.9679 50.0255 52.3007 54.5124 56.8962 28020 L Buyer N 40.3086 42.1034 43.7712 45.6021 47.5689 96080 IA Central Library Circulation Supervisor N 35.6858 37.1993 38.8040 40.4809 42.5836 24110 G1 Clinical Psychologist E 49.1462 51.0587 53.0799 55.1559 57.3765 33090 L Code Enforcement Officer I N 35.4412 37.0909 38.8128 40.6261 42.5291 33100 L Code Enforcement Officer II N 43.0279 44.8860 46.9254 48.9015 51.0495 28330 L Community Development Project
Coordinator
E 48.9466 51.2943 53.8234 56.4610 59.1803
55070 G1 Community Health Worker N 0 29.2051 29.8665 30.6101 32.1237 55370 G1 Community Health Worker Specialist N 31.7067 32.8305 33.8823 35.0695 36.8373 28080 L Community Services Specialist I N 37.7041 39.3207 40.9122 42.6203 44.5032 28120 L Community Services Specialist II N 47.0066 49.0585 51.2765 53.4774 55.8175 28320 L Disability Services Specialist N 47.0066 49.0585 51.2765 53.4774 55.8175 28840 L Emergency Services Coordinator N 47.0082 49.0678 51.2714 53.4747 55.8220 28830 L Environmental Compliance Specialist E 50.9111 52.7112 54.6942 56.8772 58.9935 24220 G1 Epidemiologist E 40.4877 42.5105 44.6343 46.8658 49.2111 41050 L Field Representative N 0 0 35.1599 36.5831 38.2327

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Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 35090 L Fire and Life Safety Plans Examiner N 52.8626 55.1467 57.6483 60.0866 62.7515 75070 L Fire Prevention Inspector N 43.0279 44.8860 46.9254 48.9015 51.0495 24590 G1 Hazardous Materials Specialist I N 44.8314 46.3996 48.1493 50.0618 51.9559 24560 G1 Hazardous Materials Specialist II N 50.9137 52.7083 54.6932 56.8778 58.9988 24190 G1 Health Educator E 44.3495 46.0671 47.8560 49.7243 51.6962 33080 L Housing Inspector N 43.0279 44.8860 46.9254 48.9015 51.0495 33060 L Housing Inspector (Certified) N 44.7499 46.6897 48.8108 50.8682 53.0891 28300 L Information Systems Specialist N 42.7622 44.6118 46.6031 48.6281 50.7527 36050 L Information Systems Support Technician N 35.4954 36.8281 38.1965 39.6287 41.1063 22290 L Landscape Architect E 54.6910 57.1884 59.9216 62.8559 65.9469 26050 IB Librarian I N 36.8461 38.5955 40.5441 42.3480 44.1790 26040 IB Librarian II N 40.5441 42.3480 44.1790 46.2365 48.2215 42450 IB Library Aide N 22.1347 23.1863 24.1833 25.2169 25.9057 42130 IB Library Assistant N 26.8756 28.0447 29.2684 30.5099 31.9424 26150 IA Library Literacy Program Coordinator N 38.8310 40.5624 42.3299 44.2605 46.1912 42462 ID LIBRARY PAGE 0 0 0 0 19.9099
26100 IA Library Special Services Coordinator E 43.6534 45.7380 47.9498 50.1887 52.5906 42500 IB Library Specialist I N 30.3380 31.6341 33.0027 34.3988 36.2029 46100 IB Library Specialist II N 31.9424 33.6556 35.0878 36.5378 38.3693 64200 G1 Mealsite Coordinator N 0 0 28.1533 28.8152 29.5037 24700 G3 Mid‐level Practitioner E 0 56.3522 58.2195 60.3404 62.4798 63200 G1 Mini Bus Driver N 0 0 28.4617 29.5673 30.7821
24040 G1 Nutritionist E 39.4567 41.0156 42.5655 44.1790 45.9918 35150 L Permit Specialist N 33.6282 35.2328 36.8098 38.5321 40.3358 35200 L Planning Technician N 33.8392 35.6214 37.4941 39.4642 41.5387 24760 G1 Psychiatrist E 87.8828 92.2747 96.8863 101.7299 106.8183 24020 G3 Public Health Nurse E 51.8026 53.6586 55.8190 58.1498 60.4288 65742 R2 RECREATION ACTIV LDR R2 19.8104 21.9609 24.5276 26.8970 29.9903 65740 R1 Recreation Activity Leader N 20.3122 22.5041 25.0568 27.6085 30.7491 24050 G1 Registered Environmental Health Specialist N 45.6701 47.2616 49.0695 51.0028 52.9279 24030 G3 Registered Nurse E 0 50.1776 51.9106 53.6839 55.6158 21360 L Revenue Development Specialist I N 37.7027 39.3249 40.9122 42.6317 44.5043 21150 L Revenue Development Specialist II N 47.0082 49.0678 51.2714 53.4747 55.8220 24800 G1 Senior Behavioral Health Clinician E 48.4948 50.4532 52.3276 54.4024 56.6106 32030 L Senior Building Inspector N 52.8626 55.1467 57.6483 60.0866 62.7515 35170 L Senior Building Plans Examiner N 52.8626 55.1467 57.6483 60.0866 62.7515 55390 G1 Senior Community Health Specialist N 33.3022 34.4713 35.5771 36.7825 38.6590 24690 G1 Senior Environmental Health Specialist N 47.9616 49.6446 51.5028 53.5610 55.5774 41030 L Senior Field Representative N 0 0 38.0426 39.7195 41.3418

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Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 28260 L Senior Health Management Analyst N 48.4847 50.8139 53.2976 55.9351 58.6181 28960 L Senior Information Systems Specialist N 47.1451 49.2445 51.4613 53.7858 56.1857 26060 IB Senior Librarian N 42.3934 44.2244 46.1734 48.2944 50.3880 35140 L Senior Permit Specialist N 36.3692 38.2018 40.1024 42.1167 44.8055 29020 L Senior Planner E 52.6451 55.0014 57.5124 60.0414 62.7245 24010 G3 Senior Public Health Nurse E 56.7320 58.9070 61.1492 63.7474 66.1972 65560 G1 Senior Service Aide N 0 0 25.5250 26.4582 27.5099 65570 G1 Senior Service Assistant N 0 0 32.5953 33.4472 34.2539 24810 G1 Social Services Specialist N 37.7027 39.3248 40.9121 42.63159 7 44.5042
65532 R2 SPORTS FIELD MONITOR 0 0 0 0 19.9099
65750 R1 Sports Official N 21.4078 24.9894 28.5710 32.1517 35.7467 65752 R2 SPORTS OFFICIAL R2 20.8639 24.3524 27.8626 31.3288 34.8169 26030 IA Supervising Librarian E 48.3031 50.5421 52.9260 55.4642 58.1923 46090 IA Supervising Library Assistant N 32.7581 34.1177 35.6040 37.1360 40.3148 34040 G1 Vector Control Technician N 0 0 33.4734 34.6317 35.7006

JOB
CLASS
REP
UNIT CLASSIFICATION TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP
7 2000 L Accountant I N 41.5770 43.3596 45.1147 46.9982 49.0745 2002 L Accountant II N 51.8351 54.0977 56.5435 58.9705 61.5508 2088 L ADA Program Coordinator N 57.0202 60.0018 62.9834 65.9651 68.9467 2009 L Applications Programmer
Analyst I N 50.4061 52.5550 54.9140 57.3329 59.8118
2010 L Applications Programmer
Analyst II N 55.0040 57.4328 60.0217 62.7303 65.5693
2012 L Architect E 62.5306 65.5193 68.6876 71.9860 75.3942 2030 L Assistant Architect E 53.5947 56.0436 58.7222 61.5812 64.6094 2034 G1 Assistant Environmental
Health Specialist N 0.0000 0.0000 44.0493 46.4081 48.2568 9012 L Assistant Inspector N 39.9705 41.7033 43.5978 45.4355 47.4193 2038 L Assistant Management
Analyst N 41.5505 43.3498 45.1083 46.9676 49.0469
5004 G1 Assistant Mental Health
Clinician N 34.9636 36.2028 37.3626 38.6718 40.6212
2042 L Assistant Planner N 41.8099 43.6492 45.4087 47.3277 49.3767 2018 L Associate Management
Analyst N 51.8351 54.0976 56.5435 58.9705 61.5509
2022 L Associate Planner N 50.4863 52.7151 54.8540 57.3028 59.9316 2052 L Auditor I N 41.5770 43.3596 45.1147 46.9982 49.0745 2054 L Auditor II N 51.8351 54.2808 56.6014 59.0377 61.5509 2056 IA Automation Librarian N 50.2464 52.5851 55.0638 57.7026 60.5315 2058 G1 Behavioral Health Clinician I E 44.4807 46.3460 48.2478 50.1867 52.1713 2060 G1 Behavioral Health Clinician
II E 48.9922 50.9402 52.9521 55.0655 57.2248

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3000 L Building Inspector I
(Certified) N 49.3465 51.4856 53.8245 56.0933 58.5423
3004 L Building Inspector II N 50.8458 53.0452 55.4538 57.7926 60.3215 3005 L Building Inspector II
(Certified) N 52.8951 55.1640 57.6729 60.1119 62.7404
3008 L Building Plans Examiner N 52.8951 55.1640 57.6729 60.1119 62.7404 2066 L Buyer N 44.4491 46.4282 48.2673 50.2863 52.4551
9000 IA Central Library Circulation
Supervisor N 39.3513 41.0203 42.7899 44.6389 46.9577
2070 G1 Clinical Psychologist E 54.1944 56.3034 58.5321 60.8214 63.2700 3015 L Code Enforcement Officer I N 39.0816 40.9008 42.7995 44.7991 46.8976 3014 L Code Enforcement Officer II N 47.4477 49.4966 51.7454 53.9245 56.2932 2073 L Community Development
Project Coordinator E 53.9744 56.5632 59.3521 62.2606 65.2592 5012 G1 Community Health Worker N 0.0000 32.2050 32.9343 33.7542 35.4234 5014 G1 Community Health Worker
Specialist N 34.9636 36.2028 37.3626 38.6718 40.6212
2074 L Community Services
Specialist I N 41.5770 43.3596 45.1147 46.9982 49.0745
2076 L Community Services
Specialist II N 51.8351 54.0976 56.5435 58.9705 61.5509 2096 L Emergency Services
Coordinator N 51.8368 54.1079 56.5380 58.9675 61.5559
2100 L Environmental Compliance
Specialist E 56.1407 58.1255 60.3123 62.7196 65.0532
2104 G1 Epidemiologist N 44.6465 46.8770 49.2191 51.6798 54.2660 4029 L Field Representative N 0.0000 0.0000 38.7714 40.3408 42.1598 3022 L Fire and Life Safety Plans
Examiner N 58.2925 60.8112 63.5698 66.2586 69.1972
7004 L Fire Prevention Inspector N 47.4477 49.4966 51.7454 53.9245 56.2932 2109 #N/A Hazardous Mat Specialist II N 56.1434 58.1223 60.3111 62.7202 65.0591 2106 G1 Hazardous Materials
Specialist I N 49.4364 51.1658 53.0951 55.2041 57.2927
2110 G1 Health Educator E 48.9050 50.7990 52.7717 54.8319 57.0064 9013 L Housing Inspector I
(Certified) N 44.4118 46.3369 48.4421 50.4838 52.6880
3025 L Housing Inspector II
(Certified) N 49.3465 51.4856 53.8245 56.0933 58.5423
2120 L Information Systems
Specialist N 47.1546 49.1942 51.3901 53.6231 55.9660
3028 L Information Systems
Support Technician N 39.1415 40.6109 42.1199 43.6993 45.3287 2124 L Landscape Architect E 60.3088 63.0627 66.0766 69.3122 72.7208 2127 K1 Legislative Aide N 41.5520 43.6296 45.7708 48.0074 50.3606 52.8304 55.4168 2127 K1 Legislative Aide (Cont. Step
8 - 14) 58.1304 60.9818 63.9604 67.098 70.384 73.8396 77.4648 2131 IB Librarian I N 40.6309 42.5600 44.7087 46.6980 48.7170 2133 IB Librarian II N 44.7087 46.6980 48.7170 50.9858 53.1747 4037 IB Library Aide N 24.4083 25.5679 26.6674 27.8071 28.5667 4039 IB Library Assistant N 29.6362 30.9254 32.2748 33.6439 35.2234 2135 IA Library Literacy Program
Coordinator N 42.8197 44.7289 46.6779 48.8069 50.9359

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 149

2129 IA Library Special Services
Coordinator E 48.1374 50.4361 52.8751 55.3440 57.9926
4041 IB Library Specialist I N 33.4543 34.8834 36.3928 37.9322 39.9215 4043 IB Library Specialist II N 35.2234 37.1126 38.6919 40.2909 42.3104 6036 G1 Mealsite Coordinator N 0.0000 0.0000 31.0452 31.7750 32.5343 9007 G3 Mental Health Nurse N 67.6114 70.9919 74.5415 78.2684 82.1851 2139 G3
Mid-level
PractitionerAdvanced
Practice Provider
E 71.9384 74.0861 77.1197 80.2814 83.5842
6040 G1 Mini Bus Driver N 0.0000 0.0000 31.3852 32.6043 33.9440 2141 G1 Nutritionist E 43.5096 45.2287 46.9378 48.7170 50.7159 3032 L Permit Specialist N 37.0824 38.8519 40.5909 42.4900 44.4791 3034 L Planning Technician N 37.3151 39.2804 41.3454 43.5180 45.8055 2151 G1 Psychiatrist E 123.3466 129.5121 135.9892 142.7923 149.9287 2153 G3 Public Health Nurse E 65.7462 68.1016 70.8436 73.8017 76.6941 6047 R1 Recreation Activity Leader N 0.0000 0.0000 27.6306 30.4445 33.9076 6048 R2 Recreation Activity Leader
(R2) E 0.0000 0.0000 27.0470 29.6598 33.0708
2157 G1 Registered Environmental
Health Specialist N 50.3612 52.1162 54.1098 56.2417 58.3646 2159 G3 Registered Nurse E 0.0000 63.6837 65.8832 68.1338 70.5856 2161 L Revenue Development
Specialist I N 41.5755 43.3643 45.1147 47.0108 49.0758
2163 L Revenue Development
Specialist II N 51.8368 54.1079 56.5380 58.9675 61.5559 2169 G1 Senior Behavioral Health
Clinician E 53.4760 55.6357 57.7026 59.9906 62.4255
3036 L Senior Building Inspector N 58.2925 60.8112 63.5698 66.2586 69.1972 3038 L Senior Building Plans
Examiner N 58.2925 60.8112 63.5698 66.2586 69.1972
5048 G1 Senior Community Health
Specialist N 36.7229 38.0121 39.2316 40.5608 42.6299
2177 G1 Senior Environmental
Health Specialist N 52.8882 54.7439 56.7930 59.0627 61.2861 4069 L Senior Field Representative N 0.0000 0.0000 41.9503 43.7994 45.5884 2181 L Senior Health Management
Analyst N 53.4649 56.0334 58.7721 61.6807 64.6392
9015 L Senior Housing Inspector
(Certified) N 54.2809 56.6342 59.2069 61.7027 64.3965
2187 L Senior Information Systems
Specialist N 51.9877 54.3028 56.7473 59.3105 61.9570
2189 IB Senior Librarian N 46.7479 48.7670 50.9161 53.2551 55.5637 3042 L Senior Permit Specialist N 40.1050 42.1258 44.2217 46.4428 49.4079 2195 L Senior Planner E 58.0526 60.6510 63.4200 66.2087 69.1674 2197 G3 Senior Public Health Nurse E 68.4612 71.0860 73.7918 76.9270 79.8833 6057 G1 Senior Service Aide N 0.0000 0.0000 28.1469 29.1760 30.3356 6059 G1 Senior Service Assistant N 0.0000 0.0000 35.9434 36.8828 37.7724 2199 G1 Social Services Specialist N 41.5755 43.3641 45.1146 47.0107 49.0757 6071 R2 Sports Field Monitor (R2) N 23.5532 0.0000 0.0000 0.0000 0.0000 6073 R2 Sports Offical (R2) N 23.5532 26.8538 30.7246 34.5468 38.3932 6073 R1 Sports Official R2 (Non-
Career Intermittent) N 23.6068 27.5563 31.5057 35.4542 39.4185

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 150

2207 IA Supervising Librarian E 53.2647 55.7336 58.3625 61.1614 64.1698 5002 IA Supervising Library
Assistant N 36.1230 37.6223 39.2612 40.9506 44.4559
4000 G1 Vector Control Technician N 0.0000 0.0000 36.9116 38.1889 39.3678

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 151

Exhibit B – Salary Ranges as of First Full Pay Period in July 20252 (43.0% Salary Increase)

Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 21070 L Accountant I N 38.8352 40.5003 42.1396 43.8989 45.8383 21170 L Accountant II N 48.4168 50.5303 52.8148 55.0817 57.4919 28230 L Applications Programmer/Analyst I N 47.0821 49.0893 51.2928 53.5521 55.8675 28220 L Applications Programmer/Analyst II N 51.3768 53.6454 56.0636 58.5936 61.2453 22280 L Architect E 58.4070 61.1987 64.1580 67.2389 70.4224 22270 L Assistant Architect E 50.0604 52.3478 54.8498 57.5203 60.3488 24060 G1 Assistant Environmental Health Specialist N 0 0 41.1445 43.3477 45.0746 28090 L Assistant Management Analyst N 38.8105 40.4911 42.1337 43.8704 45.8125 54040 G1 Assistant Mental Health Clinician N 32.6579 33.8154 34.8987 36.1216 37.9425 29200 L Assistant Planner N 39.0528 40.7708 42.4143 44.2067 46.1206 28100 L Associate Management Analyst N 48.4168 50.5302 52.8148 55.0817 57.4920 29030 L Associate Planner N 47.1570 49.2388 51.2367 53.5240 55.9794 21340 L Auditor I N 38.8352 40.5003 42.1396 43.8989 45.8383 21160 L Auditor II N 48.4168 50.7013 52.8688 55.1444 57.4920 26070 IA Automation Librarian N 46.9329 49.1174 51.4326 53.8974 56.5398 24780 G1 Behavioral Health Clinician I E 41.5474 43.2897 45.0662 46.8771 48.7309 24790 G1 Behavioral Health Clinician II E 45.7615 47.5809 49.4602 51.4342 53.4512 37060 L Building Inspector I (Certified) N 46.0924 48.0904 50.2751 52.3942 54.6818 37050 L Building Inspector II N 47.4928 49.5471 51.7970 53.9815 56.3437 37070 L Building Inspector II (Certified) N 49.4070 51.5262 53.8697 56.1478 58.6031 35160 L Building Plans Examiner N 49.4070 51.5262 53.8697 56.1478 58.6031 28020 L Buyer N 41.5179 43.3665 45.0843 46.9702 48.9960 96080 IA Central Library Circulation Supervisor N 36.7564 38.3153 39.9681 41.6953 43.8611 24110 G1 Clinical Psychologist E 50.6206 52.5905 54.6723 56.8106 59.0978 33090 L Code Enforcement Officer I N 36.5044 38.2036 39.9772 41.8449 43.8050 33100 L Code Enforcement Officer II N 44.3188 46.2325 48.3331 50.3686 52.5810 28330 L Community Development Project
Coordinator
E 50.4150 52.8331 55.4381 58.1548 60.9557
55070 G1 Community Health Worker N 0 30.0813 30.7625 31.5284 33.0875 55370 G1 Community Health Worker Specialist N 32.6579 33.8154 34.8987 36.1216 37.9425 28080 L Community Services Specialist I N 38.8352 40.5003 42.1396 43.8989 45.8383 28120 L Community Services Specialist II N 48.4168 50.5302 52.8148 55.0817 57.4920 28320 L Disability Services Specialist N 48.4168 50.5302 52.8148 55.0817 57.4920 28840 L Emergency Services Coordinator N 48.4184 50.5398 52.8096 55.0790 57.4966 28830 L Environmental Compliance Specialist E 52.4385 54.2925 56.3351 58.5835 60.7633 24220 G1 Epidemiologist E 41.7023 43.7858 45.9734 48.2718 50.6875 41050 L Field Representative N 0 0 36.2147 37.6806 39.3797

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 152

Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 35090 L Fire and Life Safety Plans Examiner N 54.4485 56.8011 59.3777 61.8892 64.6341 75070 L Fire Prevention Inspector N 44.3188 46.2325 48.3331 50.3686 52.5810 24590 G1 Hazardous Materials Specialist I N 46.1763 47.7916 49.5938 51.5637 53.5146 24560 G1 Hazardous Materials Specialist II N 52.4411 54.2895 56.3340 58.5842 60.7688 24190 G1 Health Educator E 45.6800 47.4491 49.2916 51.2160 53.2471 33080 L Housing Inspector N 44.3188 46.2325 48.3331 50.3686 52.5810 33060 L Housing Inspector (Certified) N 46.0924 48.0904 50.2751 52.3942 54.6818 28300 L Information Systems Specialist N 44.0451 45.9501 48.0012 50.0869 52.2753 36050 L Information Systems Support Technician N 36.5603 37.9329 39.3424 40.8176 42.3395 22290 L Landscape Architect E 56.3318 58.9040 61.7192 64.7415 67.9253 26050 IB Librarian I N 37.9515 39.7534 41.7604 43.6185 45.5043 26040 IB Librarian II N 41.7604 43.6185 45.5043 47.6236 49.6682 42450 IB Library Aide N 22.7987 23.8819 24.9088 25.9734 26.6829 42130 IB Library Assistant N 27.6819 28.8861 30.1464 31.4252 32.9006 26150 IA Library Literacy Program Coordinator N 39.9959 41.7793 43.5998 45.5884 47.5769 42462 ID LIBRARY PAGE 0 0 0 0 20.5072
26100 IA Library Special Services Coordinator E 44.9630 47.1101 49.3883 51.6944 54.1683 42500 IB Library Specialist I N 31.2482 32.5831 33.9928 35.4308 37.2889 46100 IB Library Specialist II N 32.9006 34.6652 36.1404 37.6339 39.5203 64200 G1 Mealsite Coordinator N 0 0 28.9979 29.6796 30.3888 24700 G3 Mid‐level Practitioner E 0 58.0428 59.9661 62.1506 64.3542 63200 G1 Mini Bus Driver N 0 0 29.3155 30.4543 31.7055
24040 G1 Nutritionist E 40.6404 42.2461 43.8424 45.5043 47.3715 35150 L Permit Specialist N 34.6370 36.2898 37.9141 39.6881 41.5459 35200 L Planning Technician N 34.8544 36.6901 38.6189 40.6482 42.7848 24760 G1 Psychiatrist E 90.5193 95.0430 99.7929 104.7818 110.0229 24020 G3 Public Health Nurse E 53.3567 55.2683 57.4936 59.8943 62.2416 65742 R2 RECREATION ACTIV LDR R2 20.4047 22.6198 25.2634 27.7039 30.8900 65740 R1 Recreation Activity Leader N 20.9216 23.1792 25.8085 28.4368 31.6716 24050 G1 Registered Environmental Health Specialist N 47.0402 48.6794 50.5416 52.5329 54.5157 24030 G3 Registered Nurse E 0 51.6829 53.4679 55.2944 57.2843 21360 L Revenue Development Specialist I N 38.8338 40.5046 42.1396 43.9107 45.8395 21150 L Revenue Development Specialist II N 48.4184 50.5398 52.8096 55.0790 57.4966 24800 G1 Senior Behavioral Health Clinician E 49.9496 51.9668 53.8974 56.0345 58.3089 32030 L Senior Building Inspector N 54.4485 56.8011 59.3777 61.8892 64.6341 35170 L Senior Building Plans Examiner N 54.4485 56.8011 59.3777 61.8892 64.6341 55390 G1 Senior Community Health Specialist N 34.3012 35.5055 36.6444 37.8860 39.8188 24690 G1 Senior Environmental Health Specialist N 49.4005 51.1339 53.0479 55.1679 57.2447 41030 L Senior Field Representative N 0 0 39.1839 40.9111 42.5821

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 153

Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 28260 L Senior Health Management Analyst N 49.9392 52.3383 54.8965 57.6131 60.3767 28960 L Senior Information Systems Specialist N 48.5594 50.7218 53.0051 55.3993 57.8712 26060 IB Senior Librarian N 43.6652 45.5511 47.5586 49.7433 51.8997 35140 L Senior Permit Specialist N 37.4603 39.3478 41.3055 43.3802 46.1497 29020 L Senior Planner E 54.2244 56.6514 59.2378 61.8426 64.6063 24010 G3 Senior Public Health Nurse E 58.4339 60.6743 62.9837 65.6598 68.1831 65560 G1 Senior Service Aide N 0 0 26.2908 27.2520 28.3352 65570 G1 Senior Service Assistant N 0 0 33.5731 34.4506 35.2815 24810 G1 Social Services Specialist N 38.8338 40.5045 42.1395 43.9105 45.8394 65532 R2 SPORTS FIELD MONITOR 0 0 0 0 20.5072
65750 R1 Sports Official N 22.0501 25.7391 29.4281 33.1162 36.8191 65752 R2 SPORTS OFFICIAL R2 21.4898 25.0830 28.6985 32.2687 35.8614 26030 IA Supervising Librarian E 49.7522 52.0584 54.5138 57.1281 59.9381 46090 IA Supervising Library Assistant N 33.7409 35.1413 36.6721 38.2501 41.5243 34040 G1 Vector Control Technician N 0 0 34.4776 35.6706 36.7716

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 43.2401 45.0940 46.9193 48.8781 51.0375 2002 L Accountant II N 53.9085 56.2616 58.8052 61.3293 64.0128 2088 L ADA Program
Coordinator N 59.3010 62.4019 65.5027 68.6037 71.7046
2009 L
Applications
Programmer Analyst
I
N 52.4223 54.6572 57.1106 59.6262 62.2043
2010 L
Applications
Programmer Analyst
II
N 57.2042 59.7301 62.4226 65.2395 68.1921
2012 L Architect E 65.0318 68.1401 71.4351 74.8654 78.4100 2030 L Assistant Architect E 55.7385 58.2853 61.0711 64.0444 67.1938 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 45.8113 48.2644 50.1871
9012 L Assistant Inspector N 41.5693 43.3714 45.3417 47.2529 49.3161 2038 L Assistant
Management Analyst N 43.2125 45.0838 46.9126 48.8463 51.0088 5004 G1 Assistant Mental
Health Clinician N 36.3621 37.6509 38.8571 40.2187 42.2460 2042 L Assistant Planner N 43.4823 45.3952 47.2250 49.2208 51.3518 2018 L Associate
Management Analyst N 53.9085 56.2615 58.8052 61.3293 64.0129 2022 L Associate Planner N 52.5058 54.8237 57.0482 59.5949 62.3289 2052 L Auditor I N 43.2401 45.0940 46.9193 48.8781 51.0375 2054 L Auditor II N 53.9085 56.4520 58.8655 61.3992 64.0129 2056 IA Automation Librarian N 52.2563 54.6885 57.2664 60.0107 62.9528

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 154

2058 G1 Behavioral Health
Clinician I E 46.2599 48.1998 50.1777 52.1942 54.2582
2060 G1 Behavioral Health
Clinician II E 50.9519 52.9778 55.0702 57.2681 59.5138
3000 L Building Inspector I
(Certified) N 51.3204 53.5450 55.9775 58.3370 60.8840
3004 L Building Inspector II N 52.8796 55.1670 57.6720 60.1043 62.7344 3005 L Building Inspector II
(Certified) N 55.0109 57.3706 59.9798 62.5164 65.2500
3008 L Building Plans
Examiner N 55.0109 57.3706 59.9798 62.5164 65.2500
2066 L Buyer N 46.2271 48.2853 50.1980 52.2978 54.5533
9000 IA
Central Library
Circulation
Supervisor
N 40.9254 42.6611 44.5015 46.4245 48.8360
2070 G1 Clinical Psychologist E 56.3622 58.5555 60.8734 63.2543 65.8008 3015 L Code Enforcement
Officer I N 40.6449 42.5368 44.5115 46.5911 48.7735
3014 L Code Enforcement
Officer II N 49.3456 51.4765 53.8152 56.0815 58.5449
2073 L
Community
Development Project
Coordinator
E 56.1334 58.8257 61.7262 64.7510 67.8696
5012 G1 Community Health
Worker N 0.0000 33.4932 34.2517 35.1044 36.8403
5014 G1 Community Health
Worker Specialist N 36.3621 37.6509 38.8571 40.2187 42.2460 2074 L Community Services
Specialist I N 43.2401 45.0940 46.9193 48.8781 51.0375
2076 L Community Services
Specialist II N 53.9085 56.2615 58.8052 61.3293 64.0129 2096 L Emergency Services
Coordinator N 53.9103 56.2722 58.7995 61.3262 64.0181
2100 L
Environmental
Compliance
Specialist
E 58.3863 60.4505 62.7248 65.2284 67.6553
2104 G1 Epidemiologist N 46.4324 48.7521 51.1879 53.7470 56.4366 4029 L Field Representative N 0.0000 0.0000 40.3223 41.9544 43.8462 3022 L Fire and Life Safety
Plans Examiner N 60.6242 63.2436 66.1126 68.9089 71.9651 7004 L Fire Prevention
Inspector N 49.3456 51.4765 53.8152 56.0815 58.5449
2109 G1 Hazardous Mat
Specialist II N 58.3891 60.4472 62.7235 65.2290 67.6615 2106 G1 Hazardous Materials
Specialist I N 51.4139 53.2124 55.2189 57.4123 59.5844
2110 G1 Health Educator E 50.8612 52.8310 54.8826 57.0252 59.2867 9013 L Housing Inspector I
(Certified) N 46.1883 48.1904 50.3798 52.5032 54.7955
3025 L Housing Inspector II
(Certified) N 51.3204 53.5450 55.9775 58.3370 60.8840
2120 L Information Systems
Specialist N 49.0408 51.1620 53.4457 55.7680 58.2046
3028 L Information Systems
Support Technician N 40.7072 42.2353 43.8047 45.4473 47.1418 2124 L Landscape Architect E 62.7212 65.5852 68.7197 72.0847 75.6296

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 155

2127 K1 Legislative Aide N 43.2141 45.3748 47.6016 49.9277 52.3750 54.9436 57.6335 2127 K1 Legislative Aide
(Cont. Step 8 - 14) 60.4556 63.4211 66.5188 69.7819 73.1994 76.7932 80.5634 2131 IB Librarian I N 42.2561 44.2624 46.4970 48.5659 50.6657 2133 IB Librarian II N 46.4970 48.5659 50.6657 53.0252 55.3017 4037 IB Library Aide N 25.3846 26.5906 27.7341 28.9194 29.7094 4039 IB Library Assistant N 30.8216 32.1624 33.5658 34.9897 36.6323 2135 IA Library Literacy
Program Coordinator N 44.5325 46.5181 48.5450 50.7592 52.9733 2129 IA Library Special
Services Coordinator E 50.0629 52.4535 54.9901 57.5578 60.3123 4041 IB Library Specialist I N 34.7925 36.2787 37.8485 39.4495 41.5184 4043 IB Library Specialist II N 36.6323 38.5971 40.2396 41.9025 44.0028 6036 G1 Mealsite Coordinator N 0.0000 0.0000 32.2870 33.0460 33.8357 9007 G3 Mental Health Nurse N 70.3159 73.8316 77.5232 81.3991 85.4725 2139 G3
Mid-level
PractitionerAdvanced
Practice Provider
E 74.8159 77.0495 80.2045 83.4927 86.9276
6040 G1 Mini Bus Driver N 0.0000 0.0000 32.6406 33.9085 35.3018 2141 G1 Nutritionist E 45.2500 47.0378 48.8153 50.6657 52.7445 3032 L Permit Specialist N 38.5657 40.4060 42.2145 44.1896 46.2583 3034 L Planning Technician N 38.8077 40.8516 42.9992 45.2587 47.6377 2151 G1 Psychiatrist E 128.2805 134.6926 141.4288 148.5040 155.9258 2153 G3 Public Health Nurse E 68.3760 70.8257 73.6773 76.7538 79.7619 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 28.7358 31.6623 35.2639
6048 R2 Recreation Activity
Leader (R2) E 0.0000 0.0000 28.1289 30.8462 34.3936
2157 G1
Registered
Environmental
Health Specialist
N 52.3756 54.2008 56.2742 58.4914 60.6992
2159 G3 Registered Nurse E 0.0000 66.2310 68.5185 70.8592 73.4090 2161 L
Revenue
Development
Specialist I
N 43.2385 45.0989 46.9193 48.8912 51.0388
2163 L
Revenue
Development
Specialist II
N 53.9103 56.2722 58.7995 61.3262 64.0181
2169 G1 Senior Behavioral
Health Clinician E 55.6150 57.8611 60.0107 62.3902 64.9225 3036 L Senior Building
Inspector N 60.6242 63.2436 66.1126 68.9089 71.9651
3038 L Senior Building Plans
Examiner N 60.6242 63.2436 66.1126 68.9089 71.9651
5048 G1 Senior Community
Health Specialist N 38.1918 39.5326 40.8009 42.1832 44.3351 2177 G1 Senior Environmental
Health Specialist N 55.0037 56.9337 59.0647 61.4252 63.7375 4069 L Senior Field
Representative N 0.0000 0.0000 43.6283 45.5514 47.4119
2181 L Senior Health
Management Analyst N 55.6035 58.2747 61.1230 64.1479 67.2248 9015 L Senior Housing
Inspector (Certified) N 56.4521 58.8996 61.5752 64.1708 66.9724

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 156

2187 L Senior Information
Systems Specialist N 54.0672 56.4749 59.0172 61.6829 64.4353 2189 IB Senior Librarian N 48.6178 50.7177 52.9527 55.3853 57.7862 3042 L Senior Permit
Specialist N 41.7092 43.8108 45.9906 48.3005 51.3842
2195 L Senior Planner E 60.3747 63.0770 65.9568 68.8570 71.9341 2197 G3 Senior Public Health
Nurse E 71.1996 73.9294 76.7435 80.0041 83.0786
6057 G1 Senior Service Aide N 0.0000 0.0000 29.2728 30.3430 31.5490 6059 G1 Senior Service
Assistant N 0.0000 0.0000 37.3811 38.3581 39.2833
2199 G1 Social Services
Specialist N 43.2385 45.0987 46.9192 48.8911 51.0387
6071 R2 Sports Field Monitor
(R2) N 24.4953 0.0000 0.0000 0.0000 0.0000
6073 R2 Sports Offical (R2) N 24.4953 27.9280 31.9536 35.9287 39.9289 6073 R1
Sports Official R2
(Non-Career
Intermittent)
N 24.5511 28.6586 32.7659 36.8724 40.9952
2207 IA Supervising Librarian E 55.3953 57.9629 60.6970 63.6079 66.7366 5002 IA Supervising Library
Assistant N 37.5679 39.1272 40.8316 42.5886 46.2341
4000 G1 Vector Control
Technician N 0.0000 0.0000 38.3881 39.7165 40.9425

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 157

Exhibit C – Salary Ranges as of First Full Pay Period in July 20263 (21.50% Salary Increase)

Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 21070 L Accountant I N 39.2236 40.9053 42.5610 44.3379 46.2967 21170 L Accountant II N 48.9010 51.0357 53.3429 55.6325 58.0668 28230 L Applications Programmer/Analyst I N 47.5529 49.5802 51.8057 54.0876 56.4262 28220 L Applications Programmer/Analyst II N 51.8906 54.1818 56.6242 59.1795 61.8578 22280 L Architect E 58.9911 61.8106 64.7996 67.9113 71.1267 22270 L Assistant Architect E 50.5610 52.8713 55.3983 58.0955 60.9523 24060 G1 Assistant Environmental Health Specialist N 0 0 41.5559 43.7812 45.5253 28090 L Assistant Management Analyst N 39.1986 40.8960 42.5551 44.3091 46.2707 54040 G1 Assistant Mental Health Clinician N 32.9845 34.1536 35.2477 36.4828 38.3219 29200 L Assistant Planner N 39.4433 41.1785 42.8384 44.6488 46.5818 28100 L Associate Management Analyst N 48.9010 51.0355 53.3429 55.6325 58.0669 29030 L Associate Planner N 47.6286 49.7312 51.7491 54.0592 56.5392 21340 L Auditor I N 39.2236 40.9053 42.5610 44.3379 46.2967 21160 L Auditor II N 48.9010 51.2083 53.3975 55.6959 58.0669 26070 IA Automation Librarian N 47.4023 49.6086 51.9470 54.4364 57.1052 24780 G1 Behavioral Health Clinician I E 41.9629 43.7226 45.5168 47.3459 49.2182 24790 G1 Behavioral Health Clinician II E 46.2191 48.0568 49.9548 51.9486 53.9857 37060 L Building Inspector I (Certified) N 46.5533 48.5713 50.7778 52.9182 55.2286 37050 L Building Inspector II N 47.9677 50.0426 52.3149 54.5213 56.9071 37070 L Building Inspector II (Certified) N 49.9010 52.0415 54.4084 56.7093 59.1891 35160 L Building Plans Examiner N 49.9010 52.0415 54.4084 56.7093 59.1891 28020 L Buyer N 41.9331 43.8002 45.5352 47.4399 49.4859 96080 IA Central Library Circulation Supervisor N 37.1239 38.6984 40.3678 42.1122 44.2997 24110 G1 Clinical Psychologist E 51.1268 53.1164 55.2190 57.3787 59.6887 33090 L Code Enforcement Officer I N 36.8694 38.5857 40.3769 42.2633 44.2430 33100 L Code Enforcement Officer II N 44.7620 46.6949 48.8164 50.8722 53.1068 28330 L Community Development Project
Coordinator
E 50.9192 53.3615 55.9925 58.7364 61.5653
55070 G1 Community Health Worker N 0 30.3821 31.0701 31.8436 33.4183 55370 G1 Community Health Worker Specialist N 32.9845 34.1536 35.2477 36.4828 38.3219 28080 L Community Services Specialist I N 39.2236 40.9053 42.5610 44.3379 46.2967 28120 L Community Services Specialist II N 48.9010 51.0355 53.3429 55.6325 58.0669 28320 L Disability Services Specialist N 48.9010 51.0355 53.3429 55.6325 58.0669 28840 L Emergency Services Coordinator N 48.9026 51.0452 53.3377 55.6297 58.0716 28830 L Environmental Compliance Specialist E 52.9629 54.8354 56.8984 59.1694 61.3709 24220 G1 Epidemiologist E 42.1193 44.2236 46.4331 48.7545 51.1943 41050 L Field Representative N 0 0 36.5768 38.0574 39.7734

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 158

Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 35090 L Fire and Life Safety Plans Examiner N 54.9929 57.3691 59.9715 62.5081 65.2804 75070 L Fire Prevention Inspector N 44.7620 46.6949 48.8164 50.8722 53.1068 24590 G1 Hazardous Materials Specialist I N 46.6381 48.2696 50.0897 52.0793 54.0497 24560 G1 Hazardous Materials Specialist II N 52.9655 54.8324 56.8973 59.1700 61.3765 24190 G1 Health Educator E 46.1368 47.9236 49.7846 51.7282 53.7796 33080 L Housing Inspector N 44.7620 46.6949 48.8164 50.8722 53.1068 33060 L Housing Inspector (Certified) N 46.5533 48.5713 50.7778 52.9182 55.2286 28300 L Information Systems Specialist N 44.4855 46.4096 48.4812 50.5878 52.7981 36050 L Information Systems Support Technician N 36.9259 38.3122 39.7358 41.2258 42.7629 22290 L Landscape Architect E 56.8951 59.4931 62.3364 65.3889 68.6045 26050 IB Librarian I N 38.3310 40.1509 42.1780 44.0547 45.9594 26040 IB Librarian II N 42.1780 44.0547 45.9594 48.0998 50.1648 42450 IB Library Aide N 23.0267 24.1207 25.1579 26.2331 26.9497 42130 IB Library Assistant N 27.9587 29.1749 30.4479 31.7395 33.2296 26150 IA Library Literacy Program Coordinator N 40.3959 42.1971 44.0358 46.0442 48.0527 42462 ID LIBRARY PAGE 0 0 0 0 20.7123
26100 IA Library Special Services Coordinator E 45.4126 47.5812 49.8822 52.2113 54.7100 42500 IB Library Specialist I N 31.5607 32.9089 34.3328 35.7851 37.6618 46100 IB Library Specialist II N 33.2296 35.0119 36.5018 38.0103 39.9155 64200 G1 Mealsite Coordinator N 0 0 29.2879 29.9764 30.6927 24700 G3 Mid‐level Practitioner E 0 58.6232 60.5658 62.7721 64.9977 63200 G1 Mini Bus Driver N 0 0 29.6087 30.7588 32.0226
24040 G1 Nutritionist E 41.0468 42.6686 44.2809 45.9594 47.8452 35150 L Permit Specialist N 34.9834 36.6527 38.2933 40.0849 41.9614 35200 L Planning Technician N 35.2029 37.0570 39.0051 41.0547 43.2127 24760 G1 Psychiatrist E 91.4245 95.9934 100.7909 105.8296 111.1231 24020 G3 Public Health Nurse E 53.8903 55.8210 58.0685 60.4932 62.8640 65742 R2 RECREATION ACTIV LDR R2 20.6088 22.8460 25.5161 27.9810 31.1989 65740 R1 Recreation Activity Leader N 21.1308 23.4110 26.0666 28.7212 31.9883 24050 G1 Registered Environmental Health Specialist N 47.5106 49.1662 51.0470 53.0582 55.0609 24030 G3 Registered Nurse E 0 52.1997 54.0026 55.8474 57.8571 21360 L Revenue Development Specialist I N 39.2222 40.9097 42.5610 44.3498 46.2979 21150 L Revenue Development Specialist II N 48.9026 51.0452 53.3377 55.6297 58.0716 24800 G1 Senior Behavioral Health Clinician E 50.4491 52.4865 54.4364 56.5949 58.8920 32030 L Senior Building Inspector N 54.9929 57.3691 59.9715 62.5081 65.2804 35170 L Senior Building Plans Examiner N 54.9929 57.3691 59.9715 62.5081 65.2804 55390 G1 Senior Community Health Specialist N 34.6442 35.8605 37.0109 38.2649 40.2169 24690 G1 Senior Environmental Health Specialist N 49.8945 51.6452 53.5783 55.7195 57.8171 41030 L Senior Field Representative N 0 0 39.5758 41.3202 43.0079

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 159

Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 28260 L Senior Health Management Analyst N 50.4386 52.8617 55.4454 58.1893 60.9804 28960 L Senior Information Systems Specialist N 49.0450 51.2291 53.5352 55.9533 58.4500 26060 IB Senior Librarian N 44.1018 46.0066 48.0341 50.2407 52.4186 35140 L Senior Permit Specialist N 37.8349 39.7413 41.7186 43.8140 46.6112 29020 L Senior Planner E 54.7666 57.2179 59.8302 62.4610 65.2523 24010 G3 Senior Public Health Nurse E 59.0183 61.2810 63.6136 66.3164 68.8649 65560 G1 Senior Service Aide N 0 0 26.5537 27.5245 28.6185 65570 G1 Senior Service Assistant N 0 0 33.9089 34.7951 35.6343 24810 G1 Social Services Specialist N 39.2222 40.9096 42.5609 44.3497 46.2978 65532 R2 SPORTS FIELD MONITOR 0 0 0 0 20.7123
65750 R1 Sports Official N 22.2706 25.9965 29.7224 33.4474 37.1873 65752 R2 SPORTS OFFICIAL R2 21.7047 25.3338 28.9855 32.5913 36.2200 26030 IA Supervising Librarian E 50.2497 52.5789 55.0590 57.6994 60.5375 46090 IA Supervising Library Assistant N 34.0783 35.4927 37.0389 38.6326 41.9395 34040 G1 Vector Control Technician N 0 0 34.8223 36.0273 37.1394

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 44.3211 46.2214 48.0923 50.1001 52.3134 2002 L Accountant II N 55.2562 57.6681 60.2753 62.8625 65.6131 2088 L ADA Program
Coordinator N 60.7835 63.9619 67.1403 70.3188 73.4972
2009 L
Applications
Programmer Analyst
I
N 53.7329 56.0236 58.5384 61.1169 63.7594
2010 L
Applications
Programmer Analyst
II
N 58.6343 61.2234 63.9832 66.8705 69.8969
2012 L Architect E 66.6576 69.8436 73.2210 76.7370 80.3703 2030 L Assistant Architect E 57.1320 59.7424 62.5979 65.6455 68.8736 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 46.9566 49.4710 51.4418
9012 L Assistant Inspector N 42.6085 44.4557 46.4752 48.4342 50.5490 2038 L Assistant
Management Analyst N 44.2928 46.2109 48.0854 50.0675 52.2840 5004 G1 Assistant Mental
Health Clinician N 37.2712 38.5922 39.8285 41.2242 43.3022 2042 L Assistant Planner N 44.5694 46.5301 48.4056 50.4513 52.6356 2018 L Associate
Management Analyst N 55.2562 57.6680 60.2753 62.8625 65.6132 2022 L Associate Planner N 53.8184 56.1943 58.4744 61.0848 63.8871 2052 L Auditor I N 44.3211 46.2214 48.0923 50.1001 52.3134 2054 L Auditor II N 55.2562 57.8633 60.3371 62.9342 65.6132 2056 IA Automation Librarian N 53.5627 56.0557 58.6981 61.5110 64.5266 2058 G1 Behavioral Health
Clinician I E 47.4164 49.4048 51.4321 53.4991 55.6147

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 160

2060 G1 Behavioral Health
Clinician II E 52.2257 54.3022 56.4470 58.6998 61.0016
3000 L Building Inspector I
(Certified) N 52.6034 54.8836 57.3769 59.7954 62.4061
3004 L Building Inspector II N 54.2016 56.5462 59.1138 61.6069 64.3028 3005 L Building Inspector II
(Certified) N 56.3862 58.8049 61.4793 64.0793 66.8813
3008 L Building Plans
Examiner N 56.3862 58.8049 61.4793 64.0793 66.8813
2066 L Buyer N 47.3828 49.4924 51.4530 53.6052 55.9171
9000 IA
Central Library
Circulation
Supervisor
N 41.9485 43.7276 45.6140 47.5851 50.0569
2070 G1 Clinical Psychologist E 57.7713 60.0194 62.3952 64.8357 67.4458 3015 L Code Enforcement
Officer I N 41.6610 43.6002 45.6243 47.7559 49.9928
3014 L Code Enforcement
Officer II N 50.5792 52.7634 55.1606 57.4835 60.0085
2073 L
Community
Development Project
Coordinator
E 57.5367 60.2963 63.2694 66.3698 69.5663
5012 G1 Community Health
Worker N 0.0000 34.3305 35.1080 35.9820 37.7613
5014 G1 Community Health
Worker Specialist N 37.2712 38.5922 39.8285 41.2242 43.3022 2074 L Community Services
Specialist I N 44.3211 46.2214 48.0923 50.1001 52.3134
2076 L Community Services
Specialist II N 55.2562 57.6680 60.2753 62.8625 65.6132 2096 L Emergency Services
Coordinator N 55.2581 57.6790 60.2695 62.8594 65.6186
2100 L
Environmental
Compliance
Specialist
E 59.8460 61.9618 64.2929 66.8591 69.3467
2104 G1 Epidemiologist N 47.5932 49.9709 52.4676 55.0907 57.8475 4029 L Field Representative N 0.0000 0.0000 41.3304 43.0033 44.9424 3022 L Fire and Life Safety
Plans Examiner N 62.1398 64.8247 67.7654 70.6316 73.7642 7004 L Fire Prevention
Inspector N 50.5792 52.7634 55.1606 57.4835 60.0085
2109 G1 Hazardous Mat
Specialist II N 59.8488 61.9584 64.2916 66.8597 69.3530 2106 G1 Hazardous Materials
Specialist I N 52.6992 54.5427 56.5994 58.8476 61.0740
2110 G1 Health Educator E 52.1327 54.1518 56.2547 58.4508 60.7689 9013 L Housing Inspector I
(Certified) N 47.3430 49.3952 51.6393 53.8158 56.1654
3025 L Housing Inspector II
(Certified) N 52.6034 54.8836 57.3769 59.7954 62.4061
2120 L Information Systems
Specialist N 50.2668 52.4411 54.7818 57.1622 59.6597
3028 L Information Systems
Support Technician N 41.7249 43.2912 44.8998 46.5835 48.3203 2124 L Landscape Architect E 64.2892 67.2248 70.4377 73.8868 77.5203

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 161

2127 K1 Legislative Aide N 44.2945 46.5092 48.7916 51.1759 53.6844 56.3172 59.0743 2127 K1 Legislative Aide
(Cont. Step 8 - 14) 61.967 65.0066 68.1818 71.5264 75.0294 78.713 82.5775 2131 IB Librarian I N 43.3125 45.3690 47.6594 49.7800 51.9323 2133 IB Librarian II N 47.6594 49.7800 51.9323 54.3508 56.6842 4037 IB Library Aide N 26.0192 27.2554 28.4275 29.6424 30.4521 4039 IB Library Assistant N 31.5921 32.9665 34.4049 35.8644 37.5481 2135 IA Library Literacy
Program Coordinator N 45.6458 47.6811 49.7586 52.0282 54.2976 2129 IA Library Special
Services Coordinator E 51.3145 53.7648 56.3649 58.9967 61.8201 4041 IB Library Specialist I N 35.6623 37.1857 38.7947 40.4357 42.5564 4043 IB Library Specialist II N 37.5481 39.5620 41.2456 42.9501 45.1029 6036 G1 Mealsite Coordinator N 0.0000 0.0000 33.0942 33.8722 34.6816 9007 G3 Mental Health Nurse N 72.0738 75.6774 79.4613 83.4341 87.6093 2139 G3
Mid-level
PractitionerAdvanced
Practice Provider
E 76.6863 78.9757 82.2096 85.5800 89.1008
6040 G1 Mini Bus Driver N 0.0000 0.0000 33.4566 34.7562 36.1843 2141 G1 Nutritionist E 46.3813 48.2137 50.0357 51.9323 54.0631 3032 L Permit Specialist N 39.5298 41.4162 43.2699 45.2943 47.4148 3034 L Planning Technician N 39.7779 41.8729 44.0742 46.3902 48.8286 2151 G1 Psychiatrist E 131.4875 138.0599 144.9645 152.2166 159.8239 2153 G3 Public Health Nurse E 70.0854 72.5963 75.5192 78.6726 81.7559 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 29.4542 32.4539 36.1455
6048 R2 Recreation Activity
Leader (R2) E 0.0000 0.0000 28.8321 31.6174 35.2534
2157 G1
Registered
Environmental
Health Specialist
N 53.6850 55.5558 57.6811 59.9537 62.2167
2159 G3 Registered Nurse E 0.0000 67.8868 70.2315 72.6307 75.2442 2161 L
Revenue
Development
Specialist I
N 44.3195 46.2264 48.0923 50.1135 52.3148
2163 L
Revenue
Development
Specialist II
N 55.2581 57.6790 60.2695 62.8594 65.6186
2169 G1 Senior Behavioral
Health Clinician E 57.0054 59.3076 61.5110 63.9500 66.5456 3036 L Senior Building
Inspector N 62.1398 64.8247 67.7654 70.6316 73.7642
3038 L Senior Building Plans
Examiner N 62.1398 64.8247 67.7654 70.6316 73.7642
5048 G1 Senior Community
Health Specialist N 39.1466 40.5209 41.8209 43.2378 45.4435 2177 G1 Senior Environmental
Health Specialist N 56.3788 58.3570 60.5413 62.9608 65.3309 4069 L Senior Field
Representative N 0.0000 0.0000 44.7190 46.6902 48.5972
2181 L Senior Health
Management Analyst N 56.9936 59.7316 62.6511 65.7516 68.9054

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 162

9015 L Senior Housing
Inspector (Certified) N 57.8634 60.3721 63.1146 65.7751 68.6467 2187 L Senior Information
Systems Specialist N 55.4189 57.8868 60.4926 63.2250 66.0462 2189 IB Senior Librarian N 49.8332 51.9856 54.2765 56.7699 59.2309 3042 L Senior Permit
Specialist N 42.7519 44.9061 47.1404 49.5080 52.6688
2195 L Senior Planner E 61.8841 64.6539 67.6057 70.5784 73.7325 2197 G3 Senior Public Health
Nurse E 72.9796 75.7776 78.6621 82.0042 85.1556
6057 G1 Senior Service Aide N 0.0000 0.0000 30.0046 31.1016 32.3377 6059 G1 Senior Service
Assistant N 0.0000 0.0000 38.3156 39.3171 40.2654
2199 G1 Social Services
Specialist N 44.3195 46.2262 48.0922 50.1134 52.3147
6071 R2 Sports Field Monitor
(R2) N 25.1077 0.0000 0.0000 0.0000 0.0000
6073 R2 Sports Offical (R2) N 25.1077 28.6262 32.7524 36.8269 40.9271 6073 R1
Sports Official R2
(Non-Career
Intermittent)
N 25.1649 29.3751 33.5850 37.7942 42.0201
2207 IA Supervising Librarian E 56.7802 59.4120 62.2144 65.1981 68.4050 5002 IA Supervising Library
Assistant N 38.5071 40.1054 41.8524 43.6533 47.3900
4000 G1 Vector Control
Technician N 0.0000 0.0000 39.3478 40.7094 41.9661

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 163

Exhibit D – Salary Ranges as of First Full Pay
Period in January 2027 (2.0% Salary Increase)
Legislative Asst. Salary Ranges as of August
8, 2021, July 2022, and July 2023

Effective as of August 8, 2021 (3.0%)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $35.2800 $37.0400 $38.9000 $40.8400 $42.8800 $45.0200 $47.2800 $49.6400

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $36.3384 $38.1512 $40.0670 $42.0652 $44.1664 $46.3706 $48.6984 $51.1292

Effective First Full Pay Period of July 2022 (3.0%)

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $37.4286 $39.2957 $41.2690 $43.3272 $45.4914 $47.7617 $50.1594 $52.6631

Effective First Full Pay Period of July 2023 (1.0%)

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $37.8028 $39.6887 $41.6817 $43.7604 $45.9463 $48.2393 $50.6609 $53.1897

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2002 L Accountant II N 56.3613 58.8215 61.4808 64.1198 66.9254 0 0 2088 L ADA Program
Coordinator N 61.9992 65.2411 68.4831 71.7252 74.9671 0 0 2009 L
Applications
Programmer Analyst
I
N 54.8076 57.1441 59.7092 62.3392 65.0346 0 0
2010 L
Applications
Programmer Analyst
II
N 59.8070 62.4479 65.2629 68.2079 71.2948 0 0
2012 L Architect E 67.9908 71.2405 74.6854 78.2717 81.9777 0 0 2030 L Assistant Architect E 58.2746 60.9372 63.8499 66.9584 70.2511 0 0 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 47.8957 50.4604 52.4706 0 0
9012 L Assistant Inspector N 43.4607 45.3448 47.4047 49.4029 51.5600 0 0 2038 L Assistant
Management Analyst N 45.1787 47.1351 49.0471 51.0689 53.3297 0 0 5004 G1 Assistant Mental
Health Clinician N 38.0166 39.3640 40.6251 42.0487 44.1682 0 0 2042 L Assistant Planner N 45.4608 47.4607 49.3737 51.4603 53.6883 0 0 2018 L Associate
Management Analyst N 56.3613 58.8214 61.4808 64.1198 66.9255 0 0 2022 L Associate Planner N 54.8948 57.3182 59.6439 62.3065 65.1648 0 0

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 164

2052 L Auditor I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2054 L Auditor II N 56.3613 59.0206 61.5438 64.1929 66.9255 0 0 2056 IA Automation Librarian N 54.6340 57.1768 59.8721 62.7412 65.8171 0 0 2058 G1 Behavioral Health
Clinician I E 48.3647 50.3929 52.4607 54.5691 56.7270 0 0 2060 G1 Behavioral Health
Clinician II E 53.2702 55.3882 57.5759 59.8738 62.2216 0 0 3000 L Building Inspector I
(Certified) N 53.6555 55.9813 58.5244 60.9913 63.6542 0 0 3004 L Building Inspector II N 55.2856 57.6771 60.2961 62.8390 65.5889 0 0 3005 L Building Inspector II
(Certified) N 57.5139 59.9810 62.7089 65.3609 68.2189 0 0 3008 L Building Plans
Examiner N 57.5139 59.9810 62.7089 65.3609 68.2189 0 0
2066 L Buyer N 48.3305 50.4822 52.4821 54.6773 57.0354 0 0 9000 IA
Central Library
Circulation
Supervisor
N 42.7875 44.6022 46.5263 48.5368 51.0580 0 0
2070 G1 Clinical Psychologist E 58.9267 61.2198 63.6431 66.1324 68.7947 0 0 3015 L Code Enforcement
Officer I N 42.4942 44.4722 46.5368 48.7110 50.9927 0 0 3014 L Code Enforcement
Officer II N 51.5908 53.8187 56.2638 58.6332 61.2087 0 0 2073 L
Community
Development Project
Coordinator
E 58.6874 61.5022 64.5348 67.6972 70.9576 0 0
5012 G1 Community Health
Worker N 0.0000 35.0171 35.8102 36.7016 38.5165 0 0
5014 G1 Community Health
Worker Specialist N 38.0166 39.3640 40.6251 42.0487 44.1682 0 0 2074 L Community Services
Specialist I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2076 L Community Services
Specialist II N 56.3613 58.8214 61.4808 64.1198 66.9255 0 0 2096 L Emergency Services
Coordinator N 56.3633 58.8326 61.4749 64.1166 66.9310 0 0 2100 L
Environmental
Compliance
Specialist
E 61.0429 63.2010 65.5788 68.1963 70.7336 0 0
2104 G1 Epidemiologist N 48.5451 50.9703 53.5170 56.1925 59.0045 0 0 4029 L Field Representative N 0.0000 0.0000 42.1570 43.8634 45.8412 0 0 3022 L Fire and Life Safety
Plans Examiner N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 7004 L Fire Prevention
Inspector N 51.5908 53.8187 56.2638 58.6332 61.2087 0 0 2109 G1 Hazardous Mat
Specialist II N 61.0458 63.1976 65.5774 68.1969 70.7401 0 0 2106 G1 Hazardous Materials
Specialist I N 53.7532 55.6336 57.7314 60.0246 62.2955 0 0 2110 G1 Health Educator E 53.1754 55.2348 57.3798 59.6198 61.9843 0 0 9013 L Housing Inspector I
(Certified) N 48.2899 50.3831 52.6721 54.8921 57.2887 0 0 3025 L Housing Inspector II
(Certified) N 53.6555 55.9813 58.5244 60.9913 63.6542 0 0

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2120 L Information Systems
Specialist N 51.2721 53.4899 55.8774 58.3054 60.8529 0 0 3028 L Information Systems
Support Technician N 42.5594 44.1570 45.7978 47.5152 49.2867 0 0 2124 L Landscape Architect E 65.5750 68.5693 71.8465 75.3645 79.0707 0 0 2127 K1 Legislative Aide N 45.1804 47.4394 49.7674 52.1994 54.7581 57.4435 60.2558 2127 K1 Legislative Aide
(Cont. Step 8 - 14) 63.2063 66.3067 69.5454 72.9569 76.53 80.2873 84.2291 2131 IB Librarian I N 44.1788 46.2764 48.6126 50.7756 52.9709 0 0 2133 IB Librarian II N 48.6126 50.7756 52.9709 55.4378 57.8179 0 0 4037 IB Library Aide N 26.5396 27.8005 28.9961 30.2352 31.0611 0 0 4039 IB Library Assistant N 32.2239 33.6258 35.0930 36.5817 38.2991 0 0 2135 IA Library Literacy
Program Coordinator N 46.5587 48.6347 50.7538 53.0688 55.3836 0 0 2129 IA Library Special
Services Coordinator E 52.3408 54.8401 57.4922 60.1766 63.0565 0 0 4041 IB Library Specialist I N 36.3755 37.9294 39.5706 41.2444 43.4075 0 0 4043 IB Library Specialist II N 38.2991 40.3532 42.0705 43.8091 46.0050 0 0 6036 G1 Mealsite Coordinator N 0.0000 0.0000 33.7561 34.5496 35.3752 0 0 9007 G3 Mental Health Nurse N 73.5153 77.1909 81.0505 85.1028 89.3615 0 0 2139 G3
Mid-level
PractitionerAdvanced
Practice Provider
E 78.2200 80.5552 83.8538 87.2916 90.8828 0 0
6040 G1 Mini Bus Driver N 0.0000 0.0000 34.1257 35.4513 36.9080 0 0 2141 G1 Nutritionist E 47.3089 49.1780 51.0364 52.9709 55.1444 0 0 3032 L Permit Specialist N 40.3204 42.2445 44.1353 46.2002 48.3631 0 0 3034 L Planning Technician N 40.5735 42.7104 44.9557 47.3180 49.8052 0 0 2151 G1 Psychiatrist E 134.1173 140.8211 147.8638 155.2609 163.0204 0 0 2153 G3 Public Health Nurse E 71.4871 74.0482 77.0296 80.2461 83.3910 0 0 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 30.0433 33.1030 36.8684 0 0
6048 R2 Recreation Activity
Leader (R2) E 0.0000 0.0000 29.4087 32.2497 35.9585 0 0 2157 G1
Registered
Environmental
Health Specialist
N 54.7587 56.6669 58.8347 61.1528 63.4610 0 0
2159 G3 Registered Nurse E 0.0000 69.2445 71.6361 74.0833 76.7491 0 0 2161 L
Revenue
Development
Specialist I
N 45.2059 47.1509 49.0541 51.1158 53.3611 0 0
2163 L
Revenue
Development
Specialist II
N 56.3633 58.8326 61.4749 64.1166 66.9310 0 0
2169 G1 Senior Behavioral
Health Clinician E 58.1455 60.4938 62.7412 65.2290 67.8765 0 0 3036 L Senior Building
Inspector N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 3038 L Senior Building Plans
Examiner N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0
5048 G1 Senior Community
Health Specialist N 39.9295 41.3313 42.6573 44.1026 46.3524 0 0 2177 G1 Senior Environmental
Health Specialist N 57.5064 59.5241 61.7521 64.2200 66.6375 0 0

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4069 L Senior Field
Representative N 0.0000 0.0000 45.6134 47.6240 49.5691 0 0 2181 L Senior Health
Management Analyst N 58.1335 60.9262 63.9041 67.0666 70.2835 0 0 9015 L Senior Housing
Inspector (Certified) N 59.0207 61.5795 64.3769 67.0906 70.0196 0 0 2187 L Senior Information
Systems Specialist N 56.5273 59.0445 61.7025 64.4895 67.3671 0 0 2189 IB Senior Librarian N 50.8299 53.0253 55.3620 57.9053 60.4155 0 0 3042 L Senior Permit
Specialist N 43.6069 45.8042 48.0832 50.4982 53.7222 0 0 2195 L Senior Planner E 63.1218 65.9470 68.9578 71.9900 75.2072 0 0 2197 G3 Senior Public Health
Nurse E 74.4392 77.2932 80.2353 83.6443 86.8587 0 0
6057 G1 Senior Service Aide N 0.0000 0.0000 30.6047 31.7236 32.9845 0 0 6059 G1 Senior Service
Assistant N 0.0000 0.0000 39.0819 40.1034 41.0707 0 0
2199 G1 Social Services
Specialist N 45.2059 47.1507 49.0540 51.1157 53.3610 0 0 6071 R2 Sports Field Monitor
(R2) N 25.6099 0.0000 0.0000 0.0000 0.0000 0 0
6073 R2 Sports Offical (R2) N 25.6099 29.1987 33.4074 37.5634 41.7456 0 0 6073 R1
Sports Official R2
(Non-Career
Intermittent)
N 25.6682 29.9626 34.2567 38.5501 42.8605 0 0
2207 IA Supervising Librarian E 57.9158 60.6002 63.4587 66.5021 69.7731 0 0 5002 IA Supervising Library
Assistant N 39.2772 40.9075 42.6894 44.5264 48.3378 0 0 4000 G1 Vector Control
Technician N 0.0000 0.0000 40.1348 41.5236 42.8054 0 0

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Exhibit E
NON-CAREER EMPLOYEE PROVISIONS (UNITS G1, G3, AND L)
Section 1 ........... Preamble
Section 2 ........... Recognized Employee Organization
Section 3 ........... No Discrimination
Section 4 ...........Union Security
Section 5 ........... Union Representatives
Section 6 ........... Separability of Provisions
Section 7 ........... Finality of Recommendations
Section 8 ........... Duration
Section 9 ........... Salaries
Section 10 ......... Higher Classification and Temporary Appointments Section 12 ......... Hours and Days of Work
Section 13 ......... Overtime
Section 14 ......... Shift Differential
Section 16 ......... Payroll Errors
Section 15.2 ...... Bilingual Premium Pay
Section 39.1 ...... Personal Conduct
Section 39.2 ...... Use of Automobiles and Parking
Section 52 ......... Layoff

Non-Career Employees - Paid Time Off

A non-career employee who works one thousand forty (1040) hours or more in a calendar year in a classification covered by this Agreement, and is in active employment during December of such year, shall be credited with forty (40) hours of paid time off to be used by such employee in the subsequent calendar year for either paid vacation or paid sick leave. The following conditions shall apply to the use of paid time off:

1. To qualify for paid time off as vacation, the employee must apply in writing, to the employee's Supervisor at least thirty (30) calendar days in advance of the desired time off. The grant or denial of the requested time off shall be in writing and shall be controlled by program considerations as established by the City.

2. To qualify for paid time off as sick leave, the employee must notify the employee's Supervisor of an inability to report for work by reason of illness or injury in advance of the scheduled work.

3. An employee who has credited and unused paid time off shall receive payment for such time upon termination of employment. All credited paid time off not utilized by employees at the end of the calendar year in which the employees are eligible

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to take such time will be paid off at the end of the year as wages and shall not be accumulated from year to year.

Salary Advancement - Non-Career Employees

When a non-career employee has worked two thousand eighty (2080) hours subsequent to July 1, 1983 without terminating his/her service with the City or being terminated from his/her service with the City, such employee shall be moved to the next higher salary step within her/his present classification on the first day of the payroll period following completion of said 2080 hours. Non-career employees shall be eligible for subsequent step increases based on the above 2080 hour formula.

No provision herein shall be interpreted as preventing Department Heads from placing an employee at a higher salary step within a classification at her/his discretion provided the placement is made in accordance with City rules and regulations and standard pay practices.

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Appendix A
SEXUAL HARASSMENT POLICY (OCTOBER 10, 1986)

WHY SHOULD EMPLOYEES BE CONCERNED ABOUT SEXUAL HARASSMENT The City has adopted an Affirmative Action and Equal Employment Opportunity policy that prohibits, not only obvious forms of discrimination based on race, sex, age, religion, color, sexual preference, national origin, ethnicity, handicap/disability, but also the more hidden or subtle forms commonly called Sexual Harassment. Specifically this policy states:

"The City of Berkeley affirms its commitment to enshrine an environment for all employees which is fair, humane and respectful; an environment which supports and rewards employee performance on the basis of relevant considerations such as ability and effort.

Behaviors which inappropriately assert sexuality as relevant to employee performance are damaging to this environment.

The City of Berkeley deplores such conduct as an abuse of authority and thus it is an official City policy that sexual harassment of employees will not be tolerated."

SEXUAL HARASSMENT is detrimental to employee morale and productivity. This type of harassment is not to be tolerated, trivialized, or condoned in any City department or agency.

WHAT TYPE OF BEHAVIOR CONSTITUTES HARASSMENT

Harassment is defined as "to annoy continually or chronically; or to badger." Harassment includes ethnicity or sex - based jokes, racial slurs and unwelcome teasing, posters or pictures hostile to or making fun of a specific class of people, unwanted physical or sexual contact and request for intimate relations. Behavior such as hazing or 'initiation,' which intentionally or unintentionally humiliates or intimidates can also be harassment. Action on the part of the supervisor or co-worker that conditions any employment decision upon an employee's tolerating any harassment or giving sexual favors is a violation of this policy as well as federal and state law.

CAN FRIENDLY INTERACTION AND/OR SEXUAL REFERENCES BE
HARASSMENT?
There is a clear line in most cases between attractiveness to a particular person and unwelcome behavior or pressure for an intimate relationship. The positive exchange of the former situation is not going to be considered harassment; employees are free to form social relationships of their own choosing. However, when one worker is pursuing or forcing a relationship upon another who does not like or want it, regardless of friendly intent, the behavior will be considered harassment and should be stopped.

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IF I'M BEING HARASSED -- OR THINK I AM -- WHAT SHOULD I DO?

First, be "up front," tell the person(s) harassing you that you do not like what they are doing and want them to stop. If you cannot do this by yourself, ask your supervisor or co- worker to be with you when you tell the harasser. You may also contact the Affirmative Action Officer for assistance or advice at any time.

WHY SHOULD I STOP BEING FRIENDLY TO SOMEONE JUST BECAUSE HE OR SHE THINKS I'M HARASSING THEM?
If someone tells you that they do not like something you are saying, stop the harassment immediately. Otherwise, you may face a lawsuit that can run several thousands of dollars in punitive damages (out of your pocket). You may also be subject to City discipline which could include dismissal. Additionally, harassing someone for "turning you in" is called retaliation and is against City policy, state and federal law.

ARE THERE PROTECTIONS AGAINST FALSE CHARGES?

Yes. This kind of situation is serious for everyone involved. The whole situation will be carefully reviewed before any action is taken. The best protection is keepkeeping all conduct free from behaviors that are inappropriate in a work environment.

WHAT RESPONSIBILITIES DO DEPARTMENT HEADS OR SUPERVISORS HAVE? Department heads and supervisors have the responsibility to keep harassment out of their units and to maintain a "bias free" work environment. This means being aware of how people are treating each other and being responsive when issues of harassment are brought to their attention. The Equal Employment Opportunity and Diversity Officer is available to provide guidance, training and assistance as may be required.

IF THE HARASSER DOESN'T TAKE "NO" FOR AN ANSWER OR MY DEPARTMENT HEAD/SUPERVISOR DOES NOT HELP, WHAT THEN?

If the harasser will not stop the harassing actions and the Department Head/Supervisor is unresponsive, a complaint can be filed with the City Equal Employment Opportunity and Diversity Officer. This will be handled with as much confidentiality for all parties as is possible. If attempts to resolve the matter informally are not successful, a formal complaint will be required and confidentiality cannot be maintained. After a thorough review of the situation, recommendations will be made to correct or remedy the matter. You are encouraged to seek the assistance of the Personnel Office as soon as you feel a problem exists. You may call Personnel at 981-6811 for assistance. Complaints may also be filed with the California Department of Fair Employment Opportunity Commission.

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Appendix B

EEO COMPLAINT INVESTIGATION AND RESOLUTION PROCEDURE

Policy: In accordance with EEO principles and the policies of the EEO/Affirmative Action Program, all employment practices, procedures, conditions and decisions shall be based on valid job-related criteria and shall be maintained without discrimination or harassment on the basis of race, color, religion, ancestry, national origin, age, sex, sexual orientation, marital status, political affiliation, physical disability, or medical condition (including cancer and HIV status).

Objectives: The EEO Complaint Investigation and Resolution Procedure shall apply to all City employees who seek redress from any employment practice, procedure, condition or decision which is believed to have been applied to them in a manner inconsistent with EEO principles or in violation of any policy of the EEO/Affirmative Action Program. The objectives of this procedure are as follows:

1. To provide the structure of due process for City employees to use in order to report and seek correction of employment practices, procedures, conditions or decisions which are believed to have been applied to them in violation of EEO principles or any policy of the EEO/Affirmative Action Program;

2. To define appropriate roles, responsibilities and accountability for impartial evaluation, investigation, and revision of practices, procedures or decisions to ensure compliance with EEO principles and EEO/Affirmative Action Program policies;

3. To make City departments more conscious of the EEO concerns and issues, and to improve the capability of departments to appropriately respond to and resolve EEO concerns and issues;

4. To provide the City with the opportunity to identify, evaluate and appropriately respond to EEO concerns and issues in a timely manner at lowest administrative level possible, and to prevent the necessity for outside intervention by courts or EEO regulatory agencies.

Conditions: The following conditions shall apply with regard to the application and administration of the EEO Complaint Investigation and Resolution Procedure:

1. No employee, as a result of his/her participation in the EEO Complaint Investigation and Resolution Procedure, shall be subject to retaliation or reprisal by any other employee which:

a) deprives or tends to deprive him/her of employment opportunities,

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b) has the effect of creating an intimidating, hostile or offensive working environment,
c) has the purpose or effect of unreasonably interfering with his/her work performance,
d) otherwise adversely affects his/her status as an employee.

The City will take severe disciplinary action, up to and including termination, against any employee who violates this condition.

2. All internal complaints that allege violation of EEO principles or EEO/Affirmative Action Program policies, and all responses to such complaints may be handled under the provisions of the EEO Complaint Investigation and Resolution Procedure.

3. The EEO Complaint Investigation and Resolution Procedure is not intended to place any limitation or prohibition on any entitlement to file complaints with the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, or the courts.

4. The EEO Complaint Investigation and Resolution Procedure is not intended to place any limitation or prohibition on any entitlement to file grievances under the provisions of collective bargaining agreements.

5. The EEO Complaint Investigation and Resolution Procedure shall not apply to formal complaints on matters outside the purview of the EEO/Affirmative Action Program.

6. Any corrective or preventative measures undertaken to resolve EEO problems and concerns identified in accordance with this procedure shall be entered into voluntarily by the City of Berkeley as part of its ongoing commitment to the provision of equal employment opportunity. Such action shall not be construed as an admission, nor shall such action imply, that the City of Berkeley engages in or ever has engaged in unlawful discrimination.

7. All investigation reports prepared in accordance with the provisions of the EEO Complaint Investigation and Resolution Procedure shall remain the sole property of the City of Berkeley, and as such shall be established and maintained as confidential material. No persons other than authorized complaint investigators and evaluators shall have any entitlement to access such material. The City of Berkeley will take such steps as necessary to secure appropriate legal remedies in response to any unauthorized duplication, distribution or possession of such material.

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8. Any party who files a complaint under the provisions of the EEO Complaint Investigation and Resolution Procedure shall be entitled upon request to advice, counsel and representation by an authorized agent of his/her bargaining unit throughout the investigation and resolution process.

Informal Resolution Process

The Equal Employment Opportunity and Diversity Officer will be responsible for accepting informal complaints of EEO policy violations, either orally or in writing. Upon this notification, the Equal Employment Opportunity and Diversity Officer will advise the complainant of the steps of the process and his/her right to file civil action, and will perform whatever inquiry is deemed necessary to provide the complainant with an informal analysis of the matter.

If the complainant determines that it is appropriate to pursue the matter, then the Equal Employment Opportunity and Diversity Officer will establish a date to meet with the complainant and the Department Head or the appropriate City official as determined by the City Manager to review the allegations of the complaint. Subsequent to the interview, the Department Head or other appropriate City official will take the following steps.

a) Investigate the complaint allegations with the advice and assistance from the Equal Employment Opportunity and Diversity Officer as necessary.

b) Prepare a written investigative report.

c) Provide copies of the investigation report to the Equal Employment Opportunity and Diversity Officer.
d) Meet with the complainant and the Equal Employment Opportunity and Diversity Officer to discuss the complaint, investigation results, and resolution of the complaint.

The Equal Employment Opportunity and Diversity Officer will engage in any additional inquiry deemed appropriate to bring the complaint to resolution, and will prepare a written statement of agreement that identifies the complaint allegations, summarizes the department's investigation results, identifies the independent assessments of the Equal Employment Opportunity and Diversity Officer, documents any corrective actions to be taken, and documents each area of satisfactory resolution of the complaint that has been agreed to by the complainant.

a) Regardless as to whether the complainant elects to proceed to the next step of the procedure, or elects to engage in civil action or any other legal alternative, all corrective actions identified in the statement of agreement that are to be carried out by any City official shall be implemented.

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b) The Equal Employment Opportunity and Diversity Officer will provide copies of the statement of agreement to the Department Head or the appropriate City Official, and to the complainant.
c) The informal resolution process must be performed in an expeditious manner, not to exceed twenty (20) working days from the date the complaint was submitted.

Formal Resolution Process

1. Complaint Submission. Formal complaints may be initiated upon the failure of the informal process to resolve the complaint. The complaint must be submitted in writing to the Equal Employment Opportunity and Diversity Officer within twenty (20) working days of the date of the termination of the unsatisfactory informal resolution process. The formal complaint should include the following information:
a) description of the activities and circumstances believed to be EEO violations;

b) identification of the complaint allegations that have not been addressed in satisfactory manner by the Department;

c) identification of any policies, practices or procedures believed to have been violated;

d) description of the participants' roles, responsibilities and activities in relationship to the alleged violations;
e) description of desired outcomes, relief, or other corrective measures.

2. Complaint Rejection. When presented with a formal complaint, if it is determined that: (a) the complaint does not fall within the scope of this procedure; (b) the complaint was not filed within the specified time limits; c) the complaint is currently or has been the subject of a lawsuit against the City, or the complaint is currently or has been otherwise under legal review and/or subject to formal resolution by the authority of a court or an EEO regulatory agency including the California Department of Fair Employment and Housing (DFEH), the U.S. Office of Civil Rights (OCR), the U.S. Equal Employment Opportunity Commission (EEOC); (d) a decision has already been made and appropriate steps have been taken by proper authorities; then the Equal Employment Opportunity and Diversity Officer shall take the following steps:
a) Within five (5) working days of the receipt of the formal complaint, the Equal Employment Opportunity and Diversity Officer will submit a written notification of its receipt to the City Manager that recommends rejection of the complaint and provides the reasons.

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b) If the City Manager authorizes rejection of the complaint, then within ten (10) working days from the receipt of the complaint, the Equal Employment Opportunity and Diversity Officer will provide written acknowledgment of its receipt to the complainant, and advise the complainant of its rejection, the reasons and his/her right to file civil action.

c) If the City Manager does not authorize rejection of the complaint then the Equal Employment Opportunity and Diversity Officer will proceed in accordance with the complaint investigation in accordance with the Complaint Acceptance provisions of this procedure.

3. Complaint Acceptance . When presented with a formal complaint, and after determining that (a) the complaint falls within the scope of this procedure, and (b) the complainant has satisfied the requirements of pre-complaint processing, the Equal Employment Opportunity and Diversity Officer shall take the following steps:

a) Within ten (10) working days of the receipt of the formal complaint, provide written acknowledgment of its receipt to the complainant, and advise the complainant of the steps of the process and his/her right to file civil action.

b) Within ten (10) working days of the receipt of the formal complaint, provide written notification of the acceptance of the complaint to the City Manager, the Department Head or other appropriate City official, and the Chair of the Personnel Board Affirmative Action Subcommittee.

c) Within twenty (20) working days of the receipt of the formal complaint, (a) conduct a formal investigation of the allegations of the complaint, (b) submit a comprehensive investigation report with results, conclusions and recommendations to the City Manager, the Department Head or other appropriate City official, and the Chair of the Personnel Board Affirmative Action Subcommittee.
d) Within twenty-five (25) working days of the receipt of the formal complaint, meet with the City Manager, Department Head or other appropriate City official, and the Chair of the Personnel Board Affirmative Action Subcommittee to: (1) review the results of the investigation; and (2) discuss and document any corrective actions and/or preventative measures to be taken, including roles, responsibilities, implementation time lines, and evaluation criteria.

e) Within thirty (30) working days of the receipt of the formal complaint, provide a formal written response to the complainant that (1) identifies the allegations of the complaint; and (2) summarizes the overall results of the investigation, and any corrective or preventative measures to be taken as appropriate.