Berkeley City Council
June 16, 2026

• They closed the only all Female Facility.
• All areas of Behavioral Health needs were mentioned.
• Social pressures to fit in with others based on life and society needs. • More Substance Abuse programs.
• There are no "Depression Living Environments" . As a depressed guy I'm housed with substance abuse clients. My primary problem is depression but I’m being treated for substance abuse.
• LGBTQ+ community members experiencing mental/behavioral health needs. • More resources.
• Trauma informed education and supporting teachers in reducing inequities in school discipline, connecting students with supports instead. See racial disparities in school suspensions starting in elementary school.
• Lack of safe housing creates mental health and substance use problems. • Support groups of all kinds are essential at all levels of intervention, and pre- intervention.
• Berkeley Mental Health serves those with severe mental illness and community clinics serve those with mild to mid moderate. But there is a gap for individuals on the moderate/severe border. Their needs are too great for community clinics but not great enough for Berkeley Mental Health. I would like to see the resources for Berkeley Mental Health increased so that more individuals can be served. • We are neighbors to the Berkeley Mental Health Center on MLK Jr. Way, and unhoused people in acute distress are often left to experience a crisis on the street or sidewalk in front of the locked facility when the staff won't let them in, or after hours or on holidays when they have come for help but the facility isn't open and there is no staff on hand. It is not a good triage system, but seems to be forced to function that way. • Housing for transitional youth.
• I believe LGBTQIA+ populations are represented in "individuals from underserved c
ultural/ethnic populations... " . If this is the case, then I don't have one to add. • Housing and supports for LGBTQIA population particularly trans persons. • Don’t make too many changes.
• Continue funding the programs: Wellness groups and peer counseling. • Peer Support Services.
• Peer Support services are an invisible safety net that require more funding and attention. Peer Support Services bridge the gap between potentially inaccessible/unaffordable mental health care and individuals who need a lifeline or starting point.
• Individuals experiencing behavioral health and/or substance use disorders that need support to maintain employment.
• Most of the people we need to assist are homeless with both mental health and drug issues and who knows which of these sparks the others. Your categories don’t include the addiction issues. This is a mistake.
• Intervention specialists on the busiest parts of Shattuck Avenue providing care options to the many people there who are experiencing public mental and/or medical crises. 32

• I need Peers to not lose funding, and this is most important for my mental health recovery.
• Supporting funding for increased integration of MH and SUD services within the BMH setting.
• Meaningful activity for people with behavioral health issues. • No other area of MENTAL---let's speak more accurately now, though, true, Behavioral is ~40% of the problem---Health or substance use.
• What about the individuals who are not voluntarily engaging in services who may need assertive outreach and incentives to encourage participation? Are contingency management or other similar strategies allowed or resourced? • Adults and young adults experiencing psychosis for the first time. • We need a one stop location where people who seek help can go. The whole system is incredibly complicated and unwieldy. Each individual in the community which came to attention regarding mental health and/or substance abuse disorder should be allocated one case worker who coordinates a wrap-around care.
• You haven't provided any data of the problems with which to have opinions or suggestions. You haven't revealed what services Berkeley offers now, to whom, or where there are shortfalls. I hope the City Council is well informed with real data before they make any decisions.
• Strict laws to support clean up and encampment removal. • Individuals experiencing behavioral health and housing needs who are actively physically harming community - prioritize housing and monitoring. • Please make sure to include benefits advocacy that is reliable and accurate so people not only know how to apply for benefits, but they also know how to maintain them. Self- esteem and financial flexibility improves when people with disabilities understand what will happen with their benefits and long-term supports and services when they earn money. If they think they have to lie about income, this only adds stress. People will do better if they have an ally and/or a peer who can help interpret the information on the following page that is run by the World Institute on Disability. – www.db101.org • PEER support services have been an important support to clients and community to have more wellness and recovery options.
• Housing. I applaud assigning 30% of the funds from the tax to housing needs, housing is a core requirement for sustaining mental health. I will mention here, as I did at the excellent community meeting Karen and Andrea facilitated on Feb. 9, the Sequential Intercept Model that could serve to guide the targeting of resources to people who are most in need at the moments' in their life trajectories when the needs are greatest. I am also emailing an article about the method to Karen.
• People who have both mental health issues and drug issues. This category (actually all the categories) can include people with cognitive disabilities. • We never see anybody going into the mental health buildings on MLK & University. We see homeless people on bus benches less than a block away from these facilities. We never see them getting helped. Help them or turn those buildings into 24/7 shelters. 33

• Housing. A person who has no housing has a far greater chance of mental health issues than a housed person. If we can identify and find housing for newly displaced people, we can curb their possible future mental health issues. • Supportive call center for mental health access. Often Berkeley Mental Health states they are only supporting severe cases at this time - which leave a large population out that is headed toward becoming a severe case.
• Children and TAY youth outreach, drop ins and shelter's and Transitional housing non- existent. Services are not available for this population. Number 1 predictor of homelessness besides unaffordable housing is being homeless as a child and or young adult with mental health and or substance use challenges. Prevention is imperative to change the landscape of Berkeley services.
• Having physical disability/mobility issues (body or any of our senses) in addition to behavioral and mental health issues. Strategy: Have experts in these areas visit the housing complex that I described above and meet with the residents. • Disabled Individuals/IPV Survivors.
• Help for homeless populations.
• Family therapy.
• When I lived in my home before becoming homeless, a mobile crisis unit was assigned to me. They were inadequate and often made my situation worse. Because I'm homeless now, I haven't been able to let Berkeley nor any other entity know how my situation was mishandled. When I read that this agency, who did not serve me was in consideration to handle all of Alameda County as a mobile crisis unit, I was horrified and retraumatized. I'm lucky: I have Kaiser. They are doing everything they can to help me get back to not just surviving but thriving.
• We need Crisis Unit vans on the ground 24/7 to free up the police unless the person is violent presenting an issue requiring the police need to be there. Most times that just escalates a mental health crisis more when the police are there trained mental health workers understand this. San Francisco has 7 24-hour coverage with MOBILE CRISIS UNITS. We need to increase this.
• Some way to get intervention when a person who is having an obvious crisis is shouting and threatening in front of other people's dwelling units. • Individuals suffering from mental illness should not be grouped with substance abusers. Although there is overlap, putting these two groups together just creates more addicts.
• "No wrong door" means I should not have to go to an institution with poor outcomes and limited funding. Private pay therapy for all! Community based programming for people who are not interested in working or school due to severe disability. • We need LGBTQ housing, similar to what other cities are doing. Currently some people, especially trans people, are unwilling to use the existing group shelters due to harassment.
• Prevention and wellness recovery services are an essential part of the behavioral health system. Investing in early intervention, peer support, and recovery-fo cused services
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helps prevent crises, reduces the need for higher-le
vel interventions, and supports
long-term stability and quality of life.
• One significant behavioral health need that deserves greater attention in Berkeley is the intersection of aging, homelessness, and behavioral health. Older adults experiencing homelessness often lack access to low-barrier, geriatric-informed mental health and substance use services, particularly within shelter and transitional settings. Many do not engage in clinic-based care due to trauma, cognitive decline, mobility limitations, or distrust of systems. Expanding mobile and shelter-based behavioral health supports, with an emphasis on prevention, early intervention, and stabilization, would improve health outcomes, reduce crisis responses, and support successful transitions to housing for one of the City’s fastest-growing and most vulnerable populations. • Prevention of long-term mental health hospitalization and visits to ERs. (See above) Peer run services.
• Socio Emotional is critical and absolutely mental and behavioral. • There are no AA/NA groups that are accessible in other languages. Also, we need to explicitly address the level of terror, grief, and fear in immigrant communities that are being racially profiled, having family members at risk of abduction, and increasing family separation. The impact on immigrant families will have generational consequences and needs to be addressed on a systemic level. Finally, we need to always have a focus on prevention and early intervention so we can prevent serious mental health problems from occurring. This requires strengthened community supports and safety.
• There are a lot of immigrant community members in Berkeley who are experiencing trauma and fear in this moment, creating a lot of mental health challenges and intergenerational trauma, especially as it pertains to family separation and detention.

Specific supports for Berkeley's immigrant communities are critical to making sure families have dedicated support in this moment. Support is also critical as a preventative mechanism, as sustained mental health challenges can lead to substance abuse and houselessness if they are unmet.
• Fears specific to the immigrant community, due to federal raids, etc. People are afraid to leave the house, even to go to the doctor's office.
• Not utilizing policing/post-arrest models as mandatory for entry into care systems.

People should be able to get help first, not only as part of post-arrest diversion. • Queer people are especially disjointed at this point in history. I know too many gay men losing their lives to drugs. More a-religious queer support groups around this are needed, I think.
• Wellness recovery related programing and support.
• Encampments and the homeless.....prevention and access ..we need to be on the ground at the inception of encampments and not when the situation is beyond repair...

7.) What barriers make it harder for individuals and family members with behavioral health challenges to access needed services. Select all that apply. (220 of 228 answered this question).
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Results outlined below are in the order of highest rankings:
• 70.45% - L
imited resources (financial, transportation, etc.).
• 60.81% - Hard to find information on where to go for help. • 60.45% - Embarrassed to ask for help and/or stigma around seeking help. • 51.36% - Long wait to get an appointment.
• 40.00% - Isolated or unable to leave home.
• 40.00% - Lack of providers who represent my culture, and/or speak in my preferred language.
• 35.90% - Providers don't offer the services that are needed. • 35.00% - Do not want help right now.
• 28.63% - Safety concerns.
• 25.00% - Services are not close to my home.
• 15.00% - Other.

Responses marked as “other” were as follows:
• Not enough help to assist consumer needs.
• As a family member it is also challenging to get all people on the same page and working towards common goals for the mental health consumer. • Rape cases were underserved.
• Not knowing how to access services or when services should be sought out. • Culturally appropriate safe space and where to get help where the person feels supported and loved.
• Ineffective treatment history.
• Abuse, neglect or otherwise disrespect by mental health staff. Especially around intersecting identities.
• All are valid reasons.
• Systems and Providers that perpetuate systems harms and inequities. • Folks want help and support, but they have a limited understanding of the help and support being given, due to symptoms of mental illness. • Providers need to be known in the community.
• Lack of education on why assessing these services are vital and how they impact the community long term.
• Those needing more intensive services such as Intensive Outpatient services. • Inadequate services available.
• Our collective acquiescence in the current system which allows the most needy to live short brutal lives on the street because they can’t choose to refuse treatment and services.
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• I am a tax payer and don’t have any of these barriers, my needs are met through
Medicare and Social Security.
• The system is difficult to use and there are lots of hoops to jump through. • Services don’t generally come to the client, the client has to go there. • Actual lack of support for ongoing, long term, severe mental illness/brain illnesses. • I wouldn’t know but suspect all of these barriers exist for many people. • People may feel nervous that they will be sent to a mental hospital non-consensually. • Services are inadequate/unavailable and what is available requires navigating a lot of bureaucracy (including paperwork that reinforces the paternalism and shame of asking for services or assistance).
• I believe the data is more than conclusive on this subject, people who go on medications generally do not attain their former state of Wellness. Community seems to be the only real medicine in this bout. We need more of it, real community with projects and collective goals. Too many HVN Meetings are simply a collection of people taking turns, talking past each other with no real dialogue. • Unsure.
• Berkeley only offers services in extreme cases. So everyone else suffers and then when no intervention has been allowed, they finally qualify for help. Unbelievably ridiculous.

Expensive. Terrible results. Intervene earlier. Make people feel that their not taking services away from people who need them more.
• I don’t know, for each category it’s different.
• Families can’t be informed when an individual is 18 and over. How can family give support when they can’t know the diagnosis?
• Institutional politics are reliant on temporary sources of funding. Poorly trained staff with limited accountability for outcomes. Arcane thinking about mental health and what clients need. Belief systems that other mental health clients in the community are creating stigma and dependency.
• Community based organizations are stretched beyond capacity and often are not able to even return a phone call to an impaired community member, especially in other languages. There are huge differences in navigating these systems, especially if one doesn’t speak English, is technologically illiterate, doesn’t understand the systems, and/or has a lack of trust in government or community systems. • Overall capacity of free mental health support – many people never hear back from providers at all or are told there is no availability at their agency. • Difficult to talk to a provider, lack of call backs, no support in navigating resources, or systems for warm referrals.
• Difficult to communicate with providers. Everyone seems to be maxed out. 37

• Lack of community knowledge.

8.) Did we miss anything? Please share other behavioral health needs, concerns, or solutions that you may have that haven't been mentioned. (94 of 228 answered this question)
Total responses included one each of: “0”; “Nothing missed”; two “I think pretty much everything has been mentioned or covered” or “You've covered it”; two “Not that I know of” or “Not to my knowledge”; two “none”; nine “N/A”; and eleven “No or Nope” . Other responses:
• Life-saving services for the LGBTQIA+ community.
• Overall this feels like a bottom-up approach has been integrated from an ecological lens it’s important to recognize that many health and mental issues are systemically generated & agitated & sustained. How can anyone heal if they don’t feel stable & consistently in a state of survival & trauma.
• Intensive staff training around trauma-informed care, regular checks with patients in intensive care facilities about sexual harassment and abuse, holding staff accountable for bigotry and abuse or neglect.
• Care needs to be voluntary and NON CARCERAL. Housing FIRST. • One area of behavioral health need that deserves additional focus is the shortage of small-scale, community-integrated housing options for individuals transitioning from institutional or crisis settings, particularly those with serious mental illness who require moderate support but not full clinical facilities. Many residents fall into a gap between intensive treatment environments and fully independent housing, resulting in cycles of hospitalization, homelessness, or unstable living arrangements. Berkeley could address this by supporting licensed board-and-care homes (ARF/RCFE), family- supported cooperative housing models, and scattered-site supportive housing operated through community-based organizations or CLTs. Strategies could include acquisition funds for existing homes, technical assistance for operators to maintain licensing standards, and partnerships with behavioral health providers to deliver mobile support services. Expanding these intermediate housing options would create a more complete continuum of care, helping residents stabilize in the community while reducing reliance on higher-cost emergency and institutional systems. • I think one of the biggest barriers is lack of funding for individuals to get housing support and lack of Resource Centers for clients to go to, to get the help they need. • Support the AAHRC.
• Designate more of the 30% of Housing segment for TAY aged youth. Have specific housing facilities for TAY and expand TAY's definition up to age 30. To go from age 25 to 38

26 and suddenly be on your own health insurance/own rent/own everything is a very hard sudden adjustment. More funding for job training programs/career development needs. Workshops, Training Programs, Scholarships/program sponsorships. More free virtual therapy (1 on 1, group therapy, art therapy). Transportation assistance to Therapy Groups, etc.
• Inte
rgenerational connectivity.
• I'm not equipped to be answering these questions.
• Don't know enough to make a comment.
• What you're doing is great. Other City's need to follow your lead. • Payees needed.
• Berkeley Mental Health has been much better ever since the Wellness and Recovery Team was formed and I have been helped emotionally and feel a lot better as a result. • Transition groups; help for the mentally impaired.
• Certain past centers (i.e. Creative Learning Center and Creative Wellness Center) have used a Clubhouse model as opposed to a strict staff-client model with usefulness that extended to a range of mental health problems.
• Getting to see Psychiatrist for Meds.
• Don’t help with housing, it is a big problem.
• All Behavioral Health needs and concerns have been mentioned. • Help with Substance Abuse. If you are coming to get help to stop using, how can you not use if you have to test clean to get help? It makes things worse. • The bluntness of the questions.
• Individual issues.
• Please be sure to analyze racial and ethnic disparities in overdose mortality and other outcomes and ensure supports and care go to populations most affected. • Rather than breaking the needs into cellular groupings, why not offer services that include all groupings. There can be group services for the more specific, cellular differences. In fact, maybe there's real value to keeping everyone together ... might help folks to see everyone's got issues ... they're not alone. • Privacy and autonomy in care is sort of an afterthought, after two years at EBAC I could not get clarity on where my heath data was shared, I could not address things, I disagreed with, and I could not receive HIV care without signing a heath sharing policy I had to sign every month in order to get care. I was only ever shown pages two and six of seven on a digital pad to sign when the terms were on the other pages. BPG and langly declined psyche care and no other Medicare Dr would accept new patients. So, trust and access last attempt to get ryan white ADAP at oak LGTBQ resulted in referral forced 39

testing at out of the closet in Oakland so close but still not really ever seeing a provider Berkeley free clinic = non-new patients.
• Community supports that aren’t carceral or include forced medication. • There are not enough services for caregivers of people with behavioral health needs.

And again, more robust case management services.
• The resources being usually short-term support for those who are already in crisis or need more support.
• LGBTQIA+ community members need specific care that serves our cultural needs.

There are very few existing services for us, and those that we have access to, need continued funding.
• Integrate behavioral health specialists into vision, dental, and medical practices to provide real-time trauma-informed support, ensuring routine procedures do not become barriers to care for vulnerable patients.
• Great need to educate the community about people living with mental health issues, substance abuse, and homelessness in order to decrease stigma, fear, and marginalization.
• Please fund options for LGBTQ+ and specifically trans youth who have been denied care by family members because of their sexual orientation/gender identity. • I have a concern that if we cut the programs that are being cut per s e Peers People will
go astray from their Mental Health recovery and have nothing to fall back on in the community as a functioning person with mental health.
• Better integration of physical health care and behavioral health. • Yes. Lacking long-term treatment and care for our most severely ill has resulted in terrible loss and suffering.
• Easy access to illegal drugs and substances is a problem. We need more cops who walk beats where addicts hang out. Social workers to frequent places where beggars hang out like Berkeley Bowl on Shattuck & Oregon, on Addison Street after performances, in front of BART stations, etc. Put flyers up on the streets with resources for people in crisis that either people in need or the public can call. • Regional solutions and pooled resources. Just as Alameda County and City of Berkeley had pooled resources to make a wellness center a possibility, local east bay jurisdictions (Contra Costa, Alameda, Berkeley, etc) should seek to collaborate and pool resources to centralize and flesh out services. People often travel between all of our jurisdictions and don't respect invisible county/city lines. • I feel that support groups for those that hear voices needs to continue as there are a lot of people that benefit from these groups, BAHVN included. • More social services assistance (Cal-Fresh, GA).
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• Some community members don't have health insurance and could not have access to it.
• Mental health support in the public schools. Emergency mental health support for individuals, families and communities suffering from ICE operations in Berkeley (happily less frequent than in Minneapolis, L.A., Chicago - but who knows when ICE will invade Berkeley).
• Berkeley needs a multipronged approach to behavioral health-addressing homelessness, substance abuse, and mental health issues because one begets the other. the homeless encampments are not safe for anybody and early intervention/ street outreach would be valuable.
• The city must take a tougher stance on those dealing drugs, and those disrupting the public space. It is awful out there to walk around and see people pulling their clothes off drugged out of their minds.
• Outreach is abysmal. You need a communications expert to help. Therapists and administration folks don't have this skillset. They do what they're good at, and a comms person helps people find the help they need. It could be a part-time gig. Maybe the Mayor's new volunteer effort can make this a top priority. Berkeley Corps - be great! Needs 30 days max to ramp up.
• All of these areas are important. It is really hard to rank them. • Note comment was listed in both #5 and #8 by the respondent: I earnestly believe institutions to fundamentally approach this arena in bad footing. Mental health services and the broader industries of psychology/psychiatry are rooted in eugenics theory.

Nationwide I see organizations hobbled by fear of lost funding, erring on the side of paternalism. For instance the CTHVN just recently was called out and corrected their internal edict to not share resources that are not under their dominion, the Wildflower Alliance has been notified of online DIY spaces that would enable more grass roots community but has refused to share these free and eager advertising spaces to their newly trained facilitators for the past 4 years. It's all rather venial in my eyes. HVN organizations across the world set up spaces online for a few years before needing to shudder their services. I am bothered that these organizations have little desire to cast into motion resources/mechanisms that could outlive themselves. We all ought to seek the means to empower the disenfranchised, I believe the methods to forever push the HVN into a growing grass roots movement that is open source and incapable of answering to any other authority is available to anyone who can use Google or talk to ChatGPT. This is still a project on my horizon, all in due time. The desire for paid leadership to change the world simply is not there in my eyes. Obviously more power to all of you for doing what you can, I and many others stand upon the shoulders of giants 41

who themselves stood in the face of centuries of societal prejudice to make what exists today. Still, it is beyond me that the 3 largest players in the international HVN game will not capitalize off what is by all accounts a "free lunch" that continues to give back. No words for the UK network that actually hides its virtual connections behind email requests and screenings out of fear of being "hacked. " Today in the united states and nationwide ALL HVN meetings have forbidden any direct communication between participants in their virtual conferences, this over a single incident. As if we were looking for any excuse to limit what was healthy/organic. Perhaps I can offer the words luddite or deliberate stymie over the current state of the network. • Community oriented services that provide support and peer counseling strongly prevent people in need from more dire situations like being hospitalized.

Hospitalization helps in a crisis, but is not a long-term sustainable solution. Keeping our community members healthy and functioning happily on a daily basis is so important. • People giving treatment or people making mistakes in treatment. • The services need to be onsite. If not all feasible, there should be a 24-hour hotline phone number to call.
• Pathologizing services, overstressed staff, decrease in hours of crisis response (Berkeley Mobile Crisis).
• Berkeley needs to put TEAMS of people on the street. Counting the unhoused is a waste of resources; bringing WATER and PORTABLE TOILETS with handwashing stations should be Job One. Food, clothing, shelter, interventions, peer counseling, opening up many abandoned properties with absentee landlords, funding programs that really help: all these and more need to be addressed now. Allowing Bayer Pharmaceuticals to clear out people who had nowhere to go, who had established community and connections to one another happened before I became homeless. I was ashamed to be a Berkeley resident because everyone who works at Bayer could have helped rather than complained that the poor are among us. A rabbi once said, "The poor are always with us;" the reason is that the rich cannot ever realize that they have enough. When I had enough to share, I did until I became unhoused. I'm lucky; I have credit cards. I have some water and food. I have Kaiser for free and they are trying to save me from the despair I have had.
• I think a lot of resources are being wasted on easy cases that don't really need time- consuming care.
• Berkeley needs to get tougher on people doing drugs in public. We need to have a drug court judge and if people are arrested for using in public or selling etc. they need to go to the drug court judge and the judge says to them either you’re going to go to jail or we’re gonna give you an opportunity to get your life back and get clean and sober and 42

that’ll be a sentence. It usually takes at least six months to a year sometimes longer for hard-core users and there will be relapses. It’s part of getting sober. The people that don’t want help aren’t ready to accept help and they want to sit on the corner and get high need to go to jail. You can detox in jail. It’s not gonna be nice and actually it’s dangerous but what’s going on now in the long-standing people that have mental health issues and multiple diagnoses is really scary. this issue is not a Band-Aid. It’s a multi Faceted complicated issue many of these people have multiple diagnosis of serious mental health issues for which they need to be medicated and have to take their medication and the only way you can achieve that is either getting them into a program willingly or getting them off the street in a 5150 situation where they have to go to a mental health facility and then see the judge to see if they’re able to make decisions on their own. A lot of these people are not able to. They are not able to take care of themselves for many reasons. It’s just not a Band-Aid.
• Often, an individual who needs help refuses it. If I'm unconscious, an ambulance will take me to a hospital and I will be treated, even though I'm unconscious and can't consent. A mentally ill person should not have the responsibility to know whether or not they need treatment. All should be treated independently of race, gender identity, etc.

We need to treat all with respect and according to their needs. • Berkeley is not making inroads into mental health homelessness. There are days when I find a person sleeping in every vacant doorway. It is disgusting in this well-endowed place.
• The fact that we treat people based on their ability to pay creates a culture of haves and have nots. It is the same as redlining but for individuals. We choose to invest in those who we deem safe investments rather than supporting individuals with the care they need when they need it. We don't work on underlying issues like institutional poverty but rather treat the symptoms of that disease and when the funding runs out we don't even do that.
• Money has to be shifted to survival needs and connections to ongoing support. Drop Ins with targeted outreach and transportation to shelters and services as Berkeley had in the past. It worked and then funding and services were cut. • Nutrition.
• It’s important that new BHSA priorities strengthen—not dilute—existing mental health services. Housing, prevention, and treatment work best when they are well-res ourced
and coordinated, with adequate staffing and long-term funding to support people with complex, ongoing needs.
• I am excited and hopeful that the BHSA and other local helping agencies can find ways to work together to help the population with the greatest needs. 43

• Outreach via ECE and TK to 12 providers, shelters hospitals adult care - find where they
are go to them.
• Many services are not accessible to community members who need them the most and there are not enough mental health services, especially for marginalized immigrant communities that don't speak English. Many groups do not have language or culturally competent services to effectively reach marginalized populations. It's critical to partner with people who come from that community to design and implement programs that are accessible and relevant.
• I work a lot with the Maya Mam community, where many people don't speak Spanish or English. I see that there is very little access to mental health services for that community and other speakers of minority languages. People don't know where to go, can't navigate websites or most written information, may not even have a word for mental health in their language, and yet have some of the greatest needs for mental health services and are profoundly affected by the traumas that in many cases forced them to come to the United States and that they continue to live as immigrants in this country.
• Many services are not accessible to underserved community members either for language access reasons or due to bureaucratic/institutional barriers. Culturally competent case workers/peer-navigators are critical to supporting the folks to access these services and continue to use them. Centering practitioners/providers with lived experience of immigration/houselessness is critical to meeting people where they are and designing and implementing programs that are effective. • Peer Run programs, which were established to build connection, trust, shared experience and much more, are being wiped out. Studies show that recovery services is a result-based practice and this can negatively impact the strives created by the consumer community.
• We have an opportunity to as allowed under the law to be imaginative and be brave and offer alternatives...wellness checks on a regular basis..go to where the people are and get out of your offices.

9.) If you would like to receive information in the future on BHSA Meetings, Integrated Plans and other related documents, please provide your name, how you would like to be contacted (ie. email, mail, phone), and your contact information.

This information was compiled by the Mental Health Division and will be utilized to inform individuals on BHSA Meetings, Integrated Plans and other related information. 44

Demographics of Participants
Demographic Numbers that are 11 or less are displayed as <11 and/or may have been combined or masked to protect the privacy and confidentiality of individual participants.

Further, responses in the “Other” category are not shown, to protect the privacy and confidentiality of individual participants.

10.) What Is Your Age?
(224 of 228 answered this question)
• 64.29% - 16-59 years of Age
• 35.71% - 60+ years of Age, or Prefer not to Answer

11.) What Is Your Race/Ethnicity?
(222 of 228 answered this question)
• 45.95% - White
• 24.32% - More than one Race, or Prefer not to Answer
• 18.92% - Black or African American
• 24.32% - More than one Race, or Prefer not to Answer
• <11% - Asian or Asian American/Native Hawaiian Pacific Islander

12.) Are you of Hispanic, Latino/Latina/Latinx origin?
(220 of 228 answered this question)
• 82.72% - No
• 17.28% - Yes/Prefer not to Answer

13.) Are you a veteran (of the US Armed Forces)?
(223 of 228 answered this question)
• 93.27% - No
• <11% - Yes/Prefer not to Answer

14.) Which of the following best represents how you identify? (221 of 228 answered this question)
• 61.54% (136) Straight/Heterosexual
• 14.93% (33) Gay/Lesbian, Bisexual, or Another Sexual Orientation • 11.31% (25) Queer, Questionning/or Unsure
• 12.22% (27) Prefer Not to Answer

15.) Which is your Gender Identity?
(222 of 228 answered this question)
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• 59.46% - Female
• 27.03% - Male
• 13.51% - Transgender, Genderqueer, Other Gender Identity, Prefer not to Answer

16.) Do you identify as having any type of disability?
(218 of 227 answered this question)
• 48.62% - No
• 39.91% - Yes
• 11.47% - Prefer Not to Answer

17.) Which of the following categories do you primarily represent? Please select all that apply. (224 of 228 answered this question)
• 58.48% - Community Member
• 36.16% - Mental Health Consumer
• 25.44% - Family Member of Mental Health and/or Substance Use Disorder services Consumer
• 20.98% - Individual who has experienced homelessness
• 17.41% - Representative of a Mental Health or Social Services Agency • 16.07% - Substance Use Disorder Services Consumer
• 15.18% – Veteran; Other; Prefer not to Answer
• 14.73% - Student, Parent, Staff or Representative of Berkeley Unified School District, UC Berkeley or Berkeley City College
• 13.84% - Homeless Services Advocate
• <11% - Representative of a HealthCare Organization; Representative of Substance Use Disorder Services Agency; Faith-based organization representative • <11% - City of Berkeley Staff, Representative of City of Berkeley Commission, Representative of Law Enforcement
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From: Terry Kupers
To: Klatt, Karen
Subject: BHSA ming. & survey
Date: Wednesday, February 11, 2026 9:22:12 AM
Attachments: Sequential Intercept.pdf
The Sequential Intercept Model (SIM) _ SAMHSA.pdf
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi Karen,
I found your presentation at the meeting Monday evening very well-organized and very useful.

Thank you. I was only sorry there were not more community members in attendance. As I said Monday, it is very difficult to choose which services are important and which are expendable, because we need them all. Semi-retired, my work these days is with the correctional system as an expert witness in civil rights litigation. As you know, folks with serious mental illness are tragically overrepresented in jails and prisons, and now in ICE facilities. This means that people with mental health disorders and substance abuse problems in Berkeley are very likely to have done time behind bars, and that has worsened their mental health condition and sobriety.

I mentioned the Sequential Intercept Model for allocating thin resources to individuals most in need. I attach an article about the method. I am sure it is part of the discussion at meetings of clinicians in Berkeley Mental Health, but I do not know if there are active attempts to institute it locally.

It is being implemented robustly elsewhere in
the country.

Warm regards,
Terry
Terry A. Kupers, M.D., M.S.P.

Professor, The Wright Institute
47

NOTE: As we were unable to change the articles that were sent with this email into a Web Based Accessibility Compliant (WBAC) format, they have been omitted from this document.

If you would like to view the articles, please contact Karen Klatt, [email protected] 48

From: Tervalon, Tasha
To: Klatt, Karen; Gilman, Scott
Subject: FW: At the February 2, 2026 meeting, the Peace and Justice Commission voted to submit the attached letter to the City Council
Date: Friday, February 20, 2026 11:27:39 AM
Attachments: image001.png
P&J Letter to council Measure W .docx
Hi- Carole Marasovic from Peache and justice asked that send this to you two as an FYI- So here you go-
Tasha
Tasha Tervalon Norcome, MSW
Assistant to the City Manager
Pronouns: She/Her
City of Berkeley
o- 510.981.5347 │ c- 510-409-2329
[email protected]
From: Tervalon, Tasha
Sent: Tuesday, February 3, 2026 2:18 PM
To: City Clerk <[email protected]>
Subject: At the February 2, 2026 meeting, the Peace and Justice Commission voted to submit the attached letter to the City Council
Hi-
Peace and Justice voted to send this letter at the meeting on Feb 2nd.

Thank you for processing.

Tasha
Tasha Tervalon Norcome, MSW
Assistant to the City Manager
Pronouns: She/Her
City of Berkeley
o- 510.981.5347 │ c- 510-409-2329
[email protected]
49

To: Mayor and Members of the City Council
From: Peace and Justice Commission
Submitted by: Pastor Dwayne Phillips, Chair
Subject: Need to Incorporate services and housing for LGBTQIA+ persons in County Measure W and Berkeley’s share of Behavioral Health Services Act funding.

Dear Mayor and Council:

Given the current attacks upon the LGBTQIA+ population at the federal level and the prevalence of hate crimes and hate incidents at home with LGBTQIA+ persons as the second highest number of persons in Berkeley to be targeted as victims of hate, the Peace and Justice Commission urges Council to recommend that County Measure W funds be allocated accordingly and insure that City of Berkeley monies available under the California Behavioral Health Services Act (known as the BHSA, formerly MHSA)including monies for persons experiencing homelessness, mental health trauma and housing monies, address the needs of the LGBTQIA+ population.

The Peace and Justice Commission, while supporting the City's requests to the County for potential uses for County W monies intended for homelessness, homelessness prevention and affordable housing, urges Council of the critical need to insure that homelessness and housing needs among LGBTQIA+ persons be incorporated within every funding component and program need.

The individualized needs of LGBTQIA+ persons include not only access to specialized mental health, housing and homelessness resources but also compel attention to the fact that LGBTQIA+ persons, particularly transgender persons, are frequently subject to bullying, threats to their safety and worse in many traditional homelessness shelter and service settings. The City of Berkeley must insure that if individualized programs addressing the LGBTQIA+ residential settings are not provided that at the minimal, there must be access to individualized linkage and resources within each program and standards established within every program that honor the individual gender identity of every program participant.

The right to safety and respect and freedom from threats to safety shall not be tolerated in any homelessness services or homelessness housing environment. Those rights to safety and respect shall be clearly posted within every program funded by every homelessness services program and housing program in Berkeley.
50

In the same context, with Proposition 1 having passed and the Behavioral Health Services Act (BHSA) replacing the Mental Health Services Act (MHSA) with 30 percent of monies mandated towards housing and services for persons with mental health issues experiencing homelessness, a component of Berkeley’s share should address the LGBTQIA+ population and allocate BHSA monies accordingly to properly serve LGBTQIA+ persons’ housing needs.

Last, as the MHSA, now BHSA, contract for mental health trauma monies for the LGBTQIA+ population will be expiring on June 30, 2026, that Council refer to staff to issue another RFP to serve LGBTQIA+ persons under the BHSA subject to the community planning process and state directives for mental health trauma monies.

The following motion was passed as follows:

The Peace and Justice Commission voted on February 2, 2026 as follows:

That the Peace and Justice Commission submit a letter in support of LGBTQIA+ needs to be addressed within County W funding and the City of Berkeley’s allocated BHSA funding with the text as incorporated above to City Council:

Motion: Move to adopt letter as written and presented to the commission.

M/S/C: Taylor and Morizawa
Ayes: Commissioners Phillips, Sani, McNiel, Lippman, Morizawa, Schwartz, Marasovic, Fink, Taylor, Cassidy, Mascarenhas-Sawn, and Lee Noes: None

Absent: None
Abstain: Commissioners Remler, Elias and Mencher
Excused: Commissioners Yasavul and Weisberg
Thank you for your consideration.

Respectfully Submitted:

Pastor Dwayne Phillips, Chair
Peace and Justice Commission
51

From: Klatt, Karen
To: Klatt, Karen
Subject: FW: Contract Renewals and RFP Processes
Date: Friday, March 20, 2026 1:03:43 PM
Attachments: BHSA Community Input – Behavioral Health Priority Needs (Berkeley) (2).pdf From: Lasara Firefox Allen, MSW, Center Executive Officer <[email protected]> Sent: Thursday, February 26, 2026 3:48 PM
To: Klatt, Karen <[email protected]>
Cc: Amory Knut <[email protected]>; Pablo Martinez <[email protected]>; Laraine Hutcherson <[email protected]>
Subject: Re: Contract Renewals and RFP Processes
Dear Karen,
Thank you again for the ongoing coordination and transparency throughout the MHSA to BHSA transition process. I appreciate the opportunity to provide input as the City develops the first BHSA Integrated Plan.

Attached please find Pacific Center for Human Growth’s formal community input submission regarding Behavioral Health priority needs in Berkeley, with a particular focus on Early Intervention, continuity of care, and culturally responsive behavioral health access during this period of system restructuring.

As a long-standing community-based LGBTQIA+ behavioral health provider, we are closely observing the regional impacts of MHSA restructuring and the potential for service gaps as programs are modified and rebid. Our input is offered in the spirit of partnership, continuity of care, and system stability during the BHSA transition, with the goal of supporting a stable Early Intervention landscape that minimizes disruption for community members who rely on prevention, peer support, and affirming outpatient services.

We are grateful for the City’s inclusive community input process and for the opportunity to contribute a perspective grounded in direct service delivery and community engagement.

Please let me know if any additional information would be helpful as the BHSA Integrated Plan is developed.

Warmly,
Lasara
52

Pacific Center for Human Growth
Lasara Firefox Allen (they/them/Mx.)
Center Executive Officer (CEO)
2130 Center Street, Ste. 200
Berkeley, CA 94704
executive@pacificcenter
.org
707-293-5153
Date: February 26, 2026
To whom it may concern:

BHSA Community Input – Behavioral Health Priority Needs (Berkeley) As Berkeley’s long-standing LGBTQIA+ behavioral health organization with deep community trust and sustained service delivery, Pacific Center for Human Growth strongly encourages the City to prioritize Early Intervention (EI) services that preserve continuity of care during the MHSA to BHSA transition.

System restructuring of this scale will create gaps in prevention and early intervention services if continuity-focused planning is not intentionally embedded in the BHSA Integrated Plan.

From our vantage point as a long-standing community provider, we are already observing regional shifts in behavioral health funding and service delivery tied to MHSA restructuring. These changes will create access gaps for individuals and fam
ilies who rely on prevention, early intervention, peer support, and culturally responsive outpatient mental health services, particularly when programs are modified, rebid, or re-scoped.

In FY 2023–2024, Pacific Center delivered 5,262 clinical service hours and 606 community program service hours, while serving over 600 individuals across programs and engaging approximately 9,000 community members through outreach, peer groups, trainings, and linkage to care. Our client population reflects high-need Early Intervention priority groups, with 87% identifying as LGBTQIA+, 74% identifying as low-income, approximately 44% identifying as Black, Indigenous, Multiracial, or People of Color (BIMPOC), and a majority seeking culturally responsive, community-based mental health and early intervention supports. Demand for accessible, affirming early intervention services continues to increase as community members seek care in trusted, community-rooted settings.

Pacific Center is uniquely positioned, in alignment with our Early Intervention-focused service model and coordination with ACBHD Early Intervention systems, to help stabilize access for community members who may fall out of services elsewhere due to MHSA-to-BHSA funding changes. As prevention and early intervention programs are restructured regionally, established community providers will play a critical role in catching and supporting individuals who would otherwise experience service disruption, disengagement from care, or escalation into higher-acuity and crisis systems.

It is also essential that the BHSA Integrated Plan explicitly include culturally responsive and LGBTQIA+-affirming behavioral health services within its Early Intervention framework. LGBTQIA+ individuals, particularly trans and gender-expansive community members, face persistent barriers to accessing affirming mental health care and frequently rely on specialized community-based providers as their primary and safest point of entry into the behavioral health system.

Strong alignment between City-funded services and County Early Intervention investments will be key to reducing fragmentation during this transition. Prioritizing continuity, culturally responsive EI services, and established community-based providers will help mitigate the service gaps that will otherwise emerge during the MHSA to BHSA restructuring and protect vulnerable Berkeley residents from falling out of care.
1 53

In solidarity and community,
Lasara Firefox Allen, MSW (they/them/Mx.)
Center Executive Officer (CEO)
Pacific Center for Human Growth
2 54

55

February 27, 2026
To:

Karen Klatt, MEd
Community Services Specialist 3
City of Berkeley Mental Health, MHSA?BHSA Coordinator
1521 University Ave
Berkeley, CA 94704
From:

Edwin Herzog, MA
Bay
Area Hearing Voices Network (BAHVN)
President
1012 Jones Street
Berkeley, CA 94710
2026 BUDGET

PROPOSAL
To renew the Personal Services Contract between the CITY OF BERKELEY MENTAL HEALTH DIVISION and the BAY AREA
HEARING VOICES NETWORK (BAHVN) a 501c3 corporation doing business at 1012 Jones Street, Berkeley, CA 94710.

SCOPE OF SERVICES
The Bay Area Hearing Voices Network proposes to continue to pr
ovide 5 weekly Hearing Voices Network support groups from July 1, 2026 to July 1, 2027, including 2 on-li
ne adult hearing voices groups,
2 family and friends support groups, and one LGBTQ+ group.

YEARLY BUDGET
Support group facilitators
5 hearing voices and family member groups, two facilitators per

group, at $75.00 per facilitator per group for 52 weeks.

Sub-total $39
,000.00
56

Zoom and IT costs
BAHVN to offer weekly adu
lt hearing voices and family member
groups on-line on zoom. Costs include: zoom payments, internet technology , and web maintenance.

Zoom costs @ $37/month $ 444.00
IT zoom facilitator fees, 2 hrs per day at $25/hr,
Mondays and Tuesdays 5200.00
Sub-total $5644.00
Holiday compensation
For the following observed holidays that land on Mondays:

Labor Day, Indiginous People’s Day, Veteran’s Day, Martin Luther King Jr Day, President’s Day, Easter Monday, and Memorial Day.

Facilitator compensation @ $10.00 per facilitator for 8 holidays:

Sub-total $320.00
SUB TOTAL $44,964.00
5% administration 2,248.00
TOTAL $47,212.22
57

PROPOSED: ADDITIONAL ONCE A WEEK IN-PER
SON

HEARING VOICES GROUP

ONE-YEAR BUDGET
Support group facilitators
Two group facilitators at $75.00 per 1.5 hour group for 52 weeks $7,800.00
Room rental
Room rental at the North Berkeley Senior Center, one evening a we
ek at $66.00 per night
$3,432.00
TOTAL: $11,332.00

BACKGROUND
Following the COVID epidemic we placed all of our hearing voices groups on line. While it has increased our group attendance dramatically, many of our group participants have requested the ability to attend a group in person. In person groups offer more direct personal support, intimacy, and connection sought by some group participants. While we wish to remain mostly on line, we would like to offer those group members the opportunity to attend a group in person.
58

FY 2026 BAHVN PROGRESS REPORT
The Bay Area Hearing Voices Network (BAHVN) has been offering hearing voices groups in Berkeley since 2013. We started with one adult group and have expanded to now offer 5 adult hearing voices groups including two separate groups for family members, adult voice hearers, and a LGBTQ+ group.

Since the Covid-19
pandemic we have offered our groups on-line
which has dramatically increased our group attendance. Over the last five years, more than 11,000 adults have attended our groups and continue to attend in increasing numbers.

Answering requests from voice hearers, with this budget we al so
hope to once again offer an in-person, adult hearing voices group at the North Berkeley Senior Center.

STATEMENT OF NEED
Many thousands of Bay Area residents, including 8% of adults, hear voic
es on a regular basis and greatly benefit from our groups. Many family members, clinicians, and voice hearers themselves are often at a loss how to help their loved ones and clients other than using traditional and expensive emergency measures which often lead to a revolving door of treatment and hospitalization.

Given the threatened cutbacks in Alameda County outpatient treatment programs, access to consistent support by the BAHVN for those experiencing mental health challenges is needed more than ever to help reduce in-pa
tient hospitalization, homelessness and
incarceration. They also save the county money, helping voice hearers and others with mental health challenges stay out of expensive, in-patient, hospitalization costing up to $2,000 per day.

PEER DRIVEN SUPPORT
Our hear
ing voices support groups offer a powerful, peer-driven, and peer co-facilitated framework for engaging and supporting those who hear voices, see visions, hear special messages, and experience alternative realities.

HVN groups are both support groups and social groups. They build extended supportive communities for participants both inside and 59

outside the groups. They provide a safe place for voice hearers to express what their voices are saying and what they mean to them, often for the first time in their lives because of stigma and fear of hospitalization.

As our surveys show, Hearing Voices groups offer an alternative and effective means of support. The groups teach voice hearers how to influence and understand their voices, visions, and other unusual pheno
mena. They also offer voice hearers and family members an ongoing community of support, both inside and outside the groups, that they can access during good times and bad.

All HVN group facilitators have lived experience themselves and participate in extensive, 3-day
, HVN-USA sponsored trainings that
follow the HVN-USA charter. All our group leaders are long term, peer facilitators, having led our weekly groups for over five years.

They are a team dedicated to helping those who struggle with their voices and other sometime difficult unusual experiences with love and understanding.
60

From: Phillip Shelley
To: Buell, Jeffrey; Klatt, Karen
Cc: Doreen Bracamontes; Rosina Keren
Subject: Proposed program redesign for City of Berkeley (BHSA) Date: Wednesday, March 11, 2026 2:37:22 PM
Attachments: Final draft proposal for program redisign for COB"s BHSSA 2026 (1).docx WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hello Jeff and Karen,
I hope this email finds you well. Please find attached to this email, and linked here, the Berkeley Unified School District's draft proposal for program redesign for the City of Berkeley (BHSA) for 2026. Please provide any feedback as comments on the linked document so we can amend as needed. Thank you.

In Community,
Phillip Shelley, Ed.D.

Director of Student Services
Office: 510.644.6316
Cellphone: 510.725.5041
Fax: 510.644.7712
Email: p
[email protected]
61

Below, please find BUSD’s revised BHSA program descriptions to align with the City of Berkeley’s funding, which reflects the strategic shift from universal prevention to targeted, high-intensity intervention for students with significant mental health and behavioral needs.

Berkeley Unified’s REVISED SCOPE OF BEHAVIORAL HEALTH SERVICES:

Mental Health First Aid and Mental Health Triage Coordination are priorities in common between the City of Berkeley and Berkeley Unified School District. Over the last four years collaboration between the high school health center and BUSD leadership has resulted in honing in on a sustainable mental health and safety program vision and focused, strategic coordination needs that underpin the following proposal and request for funding to facilitate a common goal, centered on student safety, coordination of care, and early intervention for focal students, and their peers, as well as their school behavioral health ecosystem.

Teen Mental Health First Aid Coordinator
Summary: A designated, skilled, credentialed, and/or licensed person would be strategically positioned to work as part of the Student Services team, providing school-based Care Response and Safety Coordination located in the high school wellness centers. This person would function to focus on teen mental health triage and early intervention. This person would be the person responsible for making sure that students who need any tiered intervention or support related to behavioral health, specifically mental health, would be identified, connected to, and involved in an active care plan or safety plan as required to ensure student safety and health was being addressed by clinical services and/or appropriate direct services of BUSD’s care team providers (PPS credentialed employees, community partners, certified wellness coaches)
Resource allocation: (Wellness Coordinator) Funding for a skilled individual with school-based experience and possessing a PPSC credentialed (e.g., social worker or school psychologist), preferably with an LCSW. This person would be supervised centrally, via BUSD student services (e.g., Counseling & Wellness Program Manager). Location would be high school Wellness Centers (BHS & BTA).

Cost Estimate: $140,000
Target Population: Students who have an escalating need for targeted mental health service coordination. These students may be identified via a Care Response, Wellness Center Drop-In, school counselor referral, self-referral, or behavioral indicators stemming from the classroom.

Deliverables: Coordination of system-wide care via Safety Planning, Suicide Prevention, Teen Mental Health
A. Monitor student wellness center screener to identify students needing tiered support: level 1 = support within a week, level 2= support same day, level 3 = immediate crisis support 62

B. Clinical supervision support for state-certified Wellness Coaches: Provide weekly supervision meetings and day-to-day support for the Wellness Coaches located in the high school wellness centers; wellness coaches operate the drop-in wellness center desks with a student screener to identify the level of need when students walk in. This role assists in mental health triage and works in coordination with the multi-tiered system of support in the school community.

C. Coordination of Care: Utilize a care coordination (safety plan) tool to ensure a full wrap-around plan, as appropriate, is in place and that the high school health center is receiving referrals and that the high school wellness center coordinator is also receiving referrals back for school-based supports and interventions not provided by the health center services.

D. Wellness Center Drop-In: Ensuring that the high school wellness centers are operating according to hours of operation, staffed providers are scheduled, confidential rooms are utilized and scheduled with tiered service providers such as high school health center 1-1 counseling facilitators, targeted small group behavioral health facilitators, etc.

E. Care Response: ensures that the administration and staff are trained in established protocols for calling a Care Response (BUSD’s systemic way of identifying a mental health crisis unfolding on campus, and requiring immediate response from a skilled provider). Responds to mental health crisis calls from adults and staff on campus. Implements follow-up with family, health center, school site counselors, and other need-to-know personnel as appropriate (see coordination of care) F. Peer Mental Health Educators: Recruit, train, facilitate Mental Health Peer Educators in Teen Mental Health First Aid, an evidence-based training for grades 9-12 (ages 14-18) that teaches students to identify, understand, and respond to mental health or substance use challenges in peers. Students in grades 11 and 12 would participate in differentiated ways after being trained. Some would be wellness center helpers providing anxiety- reducing options targeted at lowering students' affective filter with evidence-based calming exercises. All would participate in teen mental health intervention by pushing into classrooms at predictable times of the school year, where student stress and anxiety is heightened and require mental health 101 support and reminders of what to do to avoid escalating mental health experience that can lead to crisis. Students would also do targeted outreach to 9th and 10th grade students who benefit from classroom tours of the wellness center and locating the health center on campus; this helps students access the hub for help when or if they or peers are experiencing behavioral health and acute mental health symptoms The Wellness Coach, trained in teen mental health, and working with the coordinator would facilitate any after school, 7th period student meetings as necessary for a 1x week planning and student training support.

Anticipated Outcomes for identified focal students via direct service and the student population ecosystem
63

- Show reduced stigma and increased empathy toward those with mental health challenges (including self)
- Know the signs, symptoms and risk factors of mental health and substance use challenges (to seek existing support on campus)
- Show greater confidence and likelihood to help someone in distress (to connect a peer right away to an on-campus resource when signs of distress surface) - Use their skills and knowledge as First Aiders to manage their own mental wellbeing (reporting increased capacity to notice and use stress and anxiety mitigating skills/strategies, including those written into safety plans)

2. Dynamic Mindfulness (DMind) Program: Trauma Recovery Model Target Population: Students exhibiting severe signs of PTSD, chronic trauma (ACEs), and significant behavioral challenges (e.g., severe dysregulation, impulse control, or aggression), and/ or high levels of school absenteeism.

Program Redesign:

DMind will move away from universal classroom sessions. The focus is now on Targeted Clinical Stabilization.
● High-Intensity Intervention: DMind will be used as a primary regulation tool for students with "Higher Level Need" as identified by COST teams, CARB team, and the Wellness Center. ● Implementation: Services will be delivered in small-group clinical settings or as a 1-on-1 stabilization technique for students in crisis, specifically to prevent school failure or more restrictive placements.
● Staff Focus: Training will center on the Student Welfare and Attendance Liaison (SWA), Wellness Center staff, Safety Officers, and clinicians working with the most vulnerable students to ensure DMind is a core component of their individualized treatment plans.

3. Supportive Schools Program (Elementary): Intensive Behavioral Intervention Target Population: Elementary students with significant behavioral impairments and families facing extreme stressors.

Program Redesign:

This program will transition from "early intervention" to Intensive Support. 64

● High-Need Focus: The $5,000 per school will be dedicated to subcontracting specialized clinicians (BACR, CTI, Lifelong) to provide intensive individual therapy and targeted social- emotional groups for students identified by the COS team, who are the most emotionally dis- regulated, have poor academic performance and/ or attendance, or challenging behaviors. ● Clinical Oversight: The COS Teams and our school psychologists will focus exclusively on the highest-need 5% of the student body, ensuring coordinated care between Special Education supervisors, the COS team, and mental health providers.

Total cost estimate: $55,000

4. African American Success Project (AASP):

Strategic Framework: Cultivating Student Agency and Institutional Wellness Vision: An Ecosystem of Excellence
This initiative provides a high-leverage response to the specific environmental and psychological pressures that can impact the mental well-being of Black students within traditional institutional structures. By fostering student agency and building institutional competency, we ensure the school environment functions as a robust, supportive environment. This model moves beyond reactive support to create a measurable, data-driven ecosystem of student support and professional learning.

I. Proven Impact and Continuity: 2019 to Present
Since the 2019-20 school year, the City of Berkeley has provided foundational support for the African American Success Project. This sustained investment has allowed BUSD to move beyond traditional, reactive interventions toward a proactive wellness model. Funding use has demonstrated that targeted, affinity-based interventions stabilize students' sense of belonging and strengthen the school's social- emotional climate, and that one-to-one counseling support fulfills critical service gaps. This proposal builds on prior successes by deepening the project’s focus on systemic accountability and real-time data.

II. Intent and Focus: Optimizing the School-Student Interface This work addresses cultural interface—the space where student identity meets institutional norms. In many traditional school settings, the absence of culturally specific protective factors can lead to environmental stress, which impacts a student’s mental well-being and engagement.

Funding will support the implementation of an advancement and wellness strategy. We aim to bolster student agency (the internal authority to define one’s own path and worth) while simultaneously building adult capacity to recognize and resolve the environmental stressors that inadvertently impact student wellness.

III. Track 1: Direct Student Support
Managed by AASP Manager; Delivered by specialized providers/staff. 65

● The Empowerment Affinity Space: A dedicated, non-clinical space where students process the impact of institutional stressors and build relational trust. ● Agency-Building Sessions: Intensive sessions designed to foster internal authority, moving students from coping to thriving by affirming their identity. ● Precision Wellness Data: Utilizing real-time SEL tracking to bridge the gap left by universal screeners. We measure:
○ Climate Optimization: Ongoing assessment of school climate to identify and mitigate environmental friction before it impacts student health and outcomes. ○ Resilience Velocity: Measuring the growth of a student’s internal protective mindsets and self-possession.
● Integrated Transitions: Facilitating warm hand-offs to behavioral health, basic needs, and academic resources.

IV. Track 2: Institutional Readiness & Professional Excellence Managed by AASP Manager; Delivered by a Specialized Provider.

To cultivate a school climate rooted in holistic wellness, staff will engage in advanced capacity-building opportunities. Data will identify high-priority sites where professional learning can best support efforts to create welcoming and inclusive school climates.
● Institutional Wellness Training: Equipping staff to identify markers of cultural and environmental stress. This shifts the adult response from behavior management to "proactive wellness-alignment.
● Codifying Excellence: Documenting and sharing insights on institutional readiness to serve as a strategic roadmap for District-wide practices.

V. Desired Outcomes
● Student Level: Measurable growth in student agency and self-reported wellness, evidenced by real-time data collection that tracks resilience and environmental navigation skills. ● Adult Level: Documented participation in capacity-building opportunities, resulting in a shift toward wellness-centered environments and proactive student-engagement strategies. ● Institutional Level: The delivery of codified success takeaways that provide BUSD with a roadmap for optimizing school climates and strengthening student success.

VI. Executive Summary
Continued investment in the African American Success Project (AASP) enables the evolution of a highly effective, wellness-centered support model. By centering student agency, this initiative equips youth with the internal authority and resilience to navigate and thrive within complex institutional environments.
66

Simultaneously, the project enhances institutional readiness by building District staff capacity to recognize and mitigate environmental stressors that can inadvertently impact the well-being of Black youth. Through real-time tracking of SEL data and facilitated warm hand-offs for mental health, basic needs, and academic support, this initiative underscores BUSD’s commitment to data-driven equity and high support. This is a high-impact investment in the mental health, resilience, and long-term success of Berkeley’s African American students.

Total cost estimate: $150,000
67

2/25/2026 4:19 PM
Text of email shared by a Community Member at 2/26/26 BHSA Community Input Meeting:
(Note email addresses, and name of sender have been removed for confidentiality purposes).

To whom it may concern:

I was a licensed MFT Clinician for 32 years. I have worked in residential and day treatment programs both non profit and for profit. I have worked as a line staff, and also as a program director and manager of these programs. I can tell you from experience that these programs provide a vital link and stepping stone for our vulnerable persistently and chronically mentally ill consumers. These programs provide structure to their days, with appropriate social interactions, engender a feeling of work and accomplishment and allow for medication monitoring and adjustment when needed. Without these valuable programs our consumers would be isolated and e a much larger risk to be hospitalized. Not only is this not cost effective but the human quality of life and well being suffers greatly. I can attest that these programs provide an invaluable link to the community and provide long term stabilization for chronically mentally ill consumers. Elimination of these programs would be catastrophic to our already fragile and woefully inadequate mental health system of care.

A second point I would like to make is that the caregivers who staff these programs are a special breed of devoted mental health professionals. The time it takes to build a cohesive competent team who functions effectively takes years. The closing of grams destroys these community treasures which are not soon if ever rebuilt. I urge you to find funding elsewhere and to not cut or eliminate any of these incredible assets that are now serving this vulnerable population.

Sincerely,
68

What do our hearing voices group mean to you?
“Finding HVN was a huge relief to me because I desperately needed a support group like this where I can share my auditory experiences with people that really get it and also hear how others’ experience and navigate their voices”;
“This group really helps me in my recovery. It helps keep me sane and emotionally stable. I look forward to it every week and I hope it continues. There are very few people I can share my experiences with. I cannot tell my family or friends”;
“The facilitators really listen and respond meaningfully. The group has good vibes and it means a lot to me. I would be very sad to see it go away. I just found it a few weeks ago at a time when I was feeling very lonely with my voices, and the community built in these rooms is incredibly valuable”;
“This is a safe space and place that so many of us, including me, consider to be a lifeline in a world that can be difficult to exist in because of the prejudice, stigma, and discrimination that folks like us deal with daily.”
69

70

71

72

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MHSA FY22 Estimated Staffing/Costs and FY21 Projected Expenditures Included are estimated FY22 staffing/costs and projected FY21 Expenditures that are attributed to the MHSA fund per each program and are comprised of personnel and non-personnel costs. The Division is continuing to work with Fiscal on the projected costs and expenditures. As such, if there are any changes to the FY22 costs listed below they will be reflected in the MHSA FY22 Annual Update, and the actual FY21 expenditures will be reflected in the FY20/21 Revenue and Expenditure Report.

Program FY22 Staffing Estimated FY22
Costs
Projected FY21
Expenditures

COMMUNITY SERVICES AND SUPPORTS (CSS)
Children’s FSP 1.0 Sr. Behavioral Health Clinician (Vacant)

1.0 FTE Social Services Specialist
.
50 BHC
II (Vacant)
.07 Community Health Work. Spec.
.35 MH Program Supervisor
.20 Office Specialist III
$680,239 $371,598
TAY, Adult & Older Adult
FSP

2.0 BHC I

4.0 BHCII (2 Vac ant)

1.0 MH Clinical Supervisor

1.0 MH Nurse
.08 Community Health Worker Specialist

1.66 Psychiatrist
.30 MH Program Supervisor
.50 Office Specialist II

1.0 Social Services Specialist
$2,649,827 $2,062,385
Homeless FSP 1.0 MH Clinical Supervisor

1.0 MH Nurse (Vacant)

2.0 BHC II (Vacant)

1.0 Social Services Specialist
.15 Psychiatric Supervisor
$1,176,437 $190,413
74

Program FY22 Staffing Estimated FY22
Costs
Projected FY21
Expenditures
Multicultural Outreach
and Engagement

1.0 Health Services Program Specialist $456,040 $327,762 System Development
Crisis
Trans
itional Outreach
Team (TOT)
.55 MH Clinical Sup. (Vacant)
.75 Assistant MH Clinician

1.0 BHC II (back-filled by a BHCI)
$194,653 $226,223
System Development
Wellness Recovery
(I
ncl. proposed additions in
FY22 Annual Update)

1.0 Assistant MH Clinician

1.0 Community Services Specialist II
Proposed Staff Additions i
n Annual Update:

2.0 Social Services Specialist
$587,302 $226,034
Other System
Development
(Incl. proposed additions in
FY22
Annual Update)

1.65 OSII

2.0 Assistant Management Analyst
.85 Social Services Specialist
.70 Comm. Health Work Specialist
-Proposed non-per
sonnel additions in FY22
Annual Update: Increase funds for RSR
and Substance Use Disorder Services, and
provide one-time funding for Specialized
Care Unit.
$2,251,391 $1,985,016
75

Program FY22 Staffing Estimated FY22
Costs
Projected FY21
Expenditures
CSS Administration .60 Assistant Management Analyst
.55 Community Services Specialist III
.
22 Assistant Mental Health Manager
.22 Mental Health Manager
.20 Mental Health Program Supervisor
.35 Assistant Management Analyst
.23 Associate Management Analyst
.19 Administrative Fiscal Svcs. Manager
$665,594 $546,906

PREVENTION AND EARLY INTERVENTION (PEI)
High School Youth
Prevention Project
.80 Sr MHCS

1.46 B HC II
.0
8 SrHSPS (Vacant)
.46 HSPS (Vacant)
.13 RN (Vacant)
$516,368 $349,278
Child/Youth At Risk .20 BHC II $34,364 $29,730
Be A Star .21 Pub. H. Nurse - Vacant $27,903 $27,903
Social Inclusion NA $9,000 0
76

Program FY22 Staffing Estimated FY22
Costs
Projected FY21
Expenditures
BUSD School Projects
Supportive Schools
MEET
DMI
ND
Af. Am. Success Project
NA $55,000
$90,000
$95,000
$150,000
$55,000
$46,839
$95,000
$150,000
Community Education &
Supports
NA $364,092 $128,184
CalMHSA NA $65,956 $42,624
New Proposed Additions
in MHSA FY22 Annual
Update
N/A
-Proposed non-personnel additions:

Funding for Specialized Care Unit; Mental
Health Promotion Campaign
$168,000 N/A
PEI Administration .40 Assistant Management Analyst
.45 Community Services Specialist III
.
11 Assistant Mental Health Manager
.11 Mental Health Manager
.11 Assistant Management Analyst
.22 Mental Health Program Supervisor
$282,221 $248,835
77

Program FY22 Staffing Estimated FY22
Costs
Projected FY21
Expenditures

INNOVATIONS (INN)
Help@Hand
(Technology Suite
Project)
NA $66,500 $396,416
New INN Programs NA $280,000 0
Greater Bay Area
Regional Partnership
NA $40,157 0
78

From: Klatt, Karen
To: Klatt, Karen
Subject: FW: Feedback on Draft BHSA Integrated Plan
Date: Monday, June 1, 2026 5:27:34 PM
From: Courtney Pal <[email protected]>
Sent: Monday, April 20, 2026 2:03 PM
To: Klatt, Karen <[email protected]>
Subject: Feedback on Draft BHSA Integrated Plan
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi Karen,
I am writing to share comments on the City’s Draft BHSA Integrated Plan on behalf of Resources for Community Development (RCD). We appreciate the thorough stakeholder engagement process you have facilitated and the opportunity to provide feedback. RCD is a nonprofit organization dedicated to creating and preserving affordable housing for people with the fewest housing options. We currently provide over 3,000 affordable rental homes throughout the Bay Area,
including 500 homes in Berkeley.

Our comments focus on the proposed use of Housing Interventions (HI) funding. We appreciate the City's continued commitment to housing as a core component of behavioral health recovery and stability. Investments in supportive housing through HI funding reflect an evidence‑based understanding that housing stability enables continuity of behavioral health services, improves system efficiency, and delivers lasting returns for both individuals and public systems.

BHSA HI funding represents a significant opportunity to expand investments that support long‑term housing stability for people with serious behavioral health conditions.

We offer the following comments to strengthen the Integrated Plan:

System gaps (page 97)
In our work as a non-profit housing provider, we see that there is a large need in the community for permanent supportive housing, dedicated affordable housing for
individuals with extremely low incomes that is supported by deep rental subsidy, and funding for housing supportive services. We appreciate that the Integrated Plan accurately captures the degree of this need.

Budget consistency (p. 131)
In a few areas, we find it challenging to reconcile the number of individuals projected to be served annually with the funding allocations presented:

On page 106, the Plan states that zero individuals will be served by permanent housing 79

rental subsidies, despite $50,000 allocated annually to permanent rental subsidies and $120,000 allocated annually to bundled permanent rental/operating subsidies.

On pages 109-110, the Plan states that six individuals across 21 units will be served by BHSA operating subsidies. We do not understand why the number of individuals served is lower than the total number of units assisted; typically, we would expect at least one individual to be assisted per unit.

The Plan indicates that the City will not be providing HTSS on page 111, but the budget dedicates nearly $1M annually to HTSS. We would appreciate clarification on how this funding will be used.

We encourage staff to revisit these estimates to ensure that there is accurate information presented about the types of housing investments made, and the number of individuals projected to be served by these investments.

Operating subsidy and landlord mitigation funds (p. 108-110) We strongly support the proposed use of BHSA funding to stabilize properties that serve people with complex behavioral health needs, when properties need temporary or one- time support to stay solvent. Many aging PSH properties face mounting financial pressure from inflation, deferred capital needs, higher insurance premiums, and rising utility and maintenance costs. New sources of operating subsidy and repair reimbursements can support long-term property sustainability, enabling these buildings to continue serving individuals with behavioral health needs.

Thank you again for the opportunity to comment. We appreciate the City’s efforts to better align housing and behavioral health investments, and we hope these observations and questions are helpful as the
City finalizes the BHSA Integrated Plan.

Sincerely,
Courtney
Courtney Pal | she/her/hers | Policy Manager
Resources for Community Development
2220 Oxford Street | Berkeley, CA 94704
RCDHOUSING.ORG | 510 841 4410 x334#
80

From: YSA Advocacy
To: Klatt, Karen
Subject: Youth Spirit Artworks - Public Comment on BHSA Draft 3-Year Plan Date: Friday, April 24, 2026 9:45:21 AM
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Youth Spirit Artworks
Public Comment - Draft Berkeley Behavioral Health Services Act (BHSA) Three-Year Integrated Plan, FY26/27 – 28/29
Submitted to: Karen Klatt, MHSA Coordinator, City of Berkeley - [email protected] Dear Ms. Klatt and Members of the Berkeley Behavioral Health Commission, Youth Spirit Artworks (YSA) - a Berkeley-based youth arts and housing organization serving low-income and homeless young people ages 13–25, a majority of whom are youth of color - respectfully submits the following comments on the Draft BHSA Three-Year Integrated Plan. We appreciate being engaged as a stakeholder during the Community Program Planning Process and offer these observations in the spirit of strengthening the Plan's impact on Berkeley's most vulnerable youth..

Impact on Transition-Age Youth (TAY). The Draft Plan identifies TAY mental health as the single highest-ranked community priority, yet the programmatic response remains modest: a projected 100–104 TAY served per year through Early Intervention Program #8, reliance on Alameda County's contracted CSC (First Episode Psychosis) program, and one new Guided Peer Support Program embedded inside the Adult Full Service Partnership. Community members asked for (a) a defined percentage of each BHSA component to be set aside for TAY, (b) extended TAY engagement to age 33 so young people are not "dropped" at adulthood, and (c) TAY-prioritized housing - none of which the current draft commits to in
measurable terms. YSA urges the City to adopt explicit TAY set-asides across BHSS, FSP, and Housing Interventions; to codify community-defined evidence practices such as arts-based and peer-led engagement (which Berkeley residents directly requested when mourning the loss of the Berkeley Wellness Center and the Creative Learning Center); and to recognize that developmental continuity is the difference between recovery and system re-entry for this population.

Impact on Persons of Color. The Plan's own disparities analysis shows profound racial inequity in Berkeley's behavioral health system: Black and African American youth comprise 41% of youth receiving Specialty Mental Health Services while representing only 16% of the Medi-Cal youth population, and Black and African American residents make up 43% of the homeless population.

Latino and Asian/Pacific Islander youth, by contrast, are underrepresented relative to their Medi-Cal share, signaling unmet need rather than absence of need. Despite these findings, the Plan largely maintains existing service structures and offers no new targeted investment in culturally specific, community-defined providers. YSA asks that the Final Plan (1) name culturally specific youth-of-color providers as formal Early Intervention and Outreach partners, (2) direct a measurable share of BHSA Workforce, Education & Training dollars to pipeline programs that hire young adults of color with lived experience, and (3) disaggregate outcomes reporting by race, age, and program so that equity impacts can be tracked.

Budgetary Impact on Providers Serving High-Acuity Youth (a CA Prop 1 Priority Population). Proposition 1 explicitly elevates young people with the most serious mental illness, SUD, and housing instability as a priority population; yet the Draft Plan's budget architecture risks squeezing community-based providers who reach these youth. The Plan's decision to use the full 30% Housing Interventions allotment is welcome, but the required move - by SFY 2027-28 - for BHSA-funded providers to meet Medi-Cal standards and to bill Medi-Cal Managed Care Plans will impose compliance, credentialing, and billing infrastructure costs for which small, culturally specific nonprofits require dedicated capacity-building dollars. Combined with Berkeley's 24% clinical vacancy rate, the absence of a funded arts-or creative-expression line item, and a Medi-Cal- centric service design that served only 86 youth in SMHS in FY23-24, the Plan as drafted could inadvertently de-fund the exact providers Prop 1 was designed to protect. YSA respectfully requests that the Final Plan (a) establish a BHSA capacity- building and technical-assistance set-aside for small, BIPOC-led, and community-defined providers preparing for Medi-Cal billing readiness; (b) protect non-Medi-Cal-billable but evidence-informed services such as creative arts and peer mentorship as allowable BHSS Early Intervention expenditures; and (c) publish a provider-impact analysis so that the Commission can track how the new framework is impacting high-acuity youth and the providers who serve them.

Thank you for your leadership in building Berkeley's first BHSA Integrated Plan and for the opportunity to provide input. YSA stands ready to partner with the City, the Behavioral Health Commission, and sibling CBOs to ensure Berkeley's young people - especially TAY of color with high-acuity behavioral health needs - are fully served by the promise of Proposition 1. 81

Respectfully submitted,
Zae Illo
Advocacy & Policy Manager
Youth Spirit Artworks
(510) 588-5208
82

Exhibit B
City Council Certification
Certification

1. City Council certifies the following:

City Council has reviewed and approv ed this Integrated Plan for the period
of
County will meet its realignment obligations pursuant to W&I Code section 14197, including but
not limited to time or distance standards and
appointment time standards set forth in W&I Code section 14197 or other applicable guidance, without utilizing waitlists

2. Does the county wish to disclose any implementation challenges or concerns with these requirements?
Yes
No
a. If answered yes above, please describe any implementation challenges or concerns with their realignment obligations (optional)
Signature

3. Printed name

4. Title

5. Date

6. Signature

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
June 16, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director of Human Resources Subject: Memorandum of Understanding: Berkeley Police Association

RECOMMENDATION
Adopt a Resolution:

1. Approving a successor Memorandum of Understanding (hereafter referred to as "MOU") with the Berkeley Police Association (hereafter referred to as the "Union") for a term commencing upon adoption by resolution of the City Council or on July 1, 2026, whichever occurs later, and expiring at 12:00 a.m. on July 1, 2028;

2. Authorizing the City Manager to execute and implement the successor MOU, including any agreements that may be operationally necessary during the term of the MOU, provided such agreements do not create increased economic obligations for the City or modify negotiated compensation or benefits; and

3. Approving a new Classification and Salary Table for Representation Units E and F, including the salary adjustments and Police Officer salary schedule changes reflected in the successor MOU, and superseding any prior inconsistent salary resolution or table as necessary.

The terms of the proposed successor MOU are within the parameters of authority approved by Council in closed session. The proposals were ratified by the Union following a five-day vote that concluded on May 28, 2026.

FISCAL IMPACTS OF RECOMMENDATION
The increased cost for the successor MOU, net of savings discussed below, is approximately $822,426 in the first year, $821,588 in the second year.

Effective the first full pay period after July 1, 2026, or the first full pay period following Council approval of the Agreement, whichever is later, members of the Union will receive a two percent (2.0%) wage increase. There is no wage increase in the second year of the MOU. In addition to the agreed upon wage increases, the bottom two steps of the Police Officer classification will be eliminated effective the first full pay period following January 1, 2027, resulting in a five-step Police Officer salary structure.

20

Memorandum of Understanding: Berkeley Police Association CONSENT CALENDAR June 16, 2026

Additional cost components include 1) revised longevity eligibility thresholds; 2) new swing and night/graveyard shift differentials; and 3) new vision coverage effective January 1, 2027.

Savings generated by the successor MOU include overtime mitigation provisions projected at $221,844, dependent on staffing needs. Additional savings result from the addition of the Basic POST/Core Policing certification pay consolidating KIND and CIT incentives, projected at $153,752. In total, it is estimated that these two provisions will reduce the City’s ongoing Police overtime and other personnel costs by a projected $375,596 annually.

CURRENT SITUATION AND ITS EFFECTS
The City’s current labor contract with the Union expires as of June 30, 2026. In an effort to reach agreement on a successor MOU, representatives of the City and representatives of the Union met and conferred regarding wages, hours, and other terms and conditions of employment, commencing on February 5, 2026. The parties reached a tentative agreement on May 19, 2026. The tentatively agreed successor MOU reflects changes in the following principal areas:

Area Summary of Change
Duration Two-year term. The successor agreement
commences upon Council adoption or July
1, 2026, whichever occurs later, and
expires at 12:00 a.m. on July 1, 2028.

Salary and Police Officer step structure A two percent (2.0%) salary increase is effective the first full pay period after July
1, 2026, or following Council approval,
whichever is later. Effective the first full
pay period following January 1, 2027, the
bottom two steps of the Police Officer
classification are eliminated, resulting in a
five-step structure.

Overtime Mitigation Sick leave and compensatory time are removed from the calculation of overtime
thresholds. This change helps align
overtime eligibility more closely with actual
hours worked and supports the City’s need
for more sustainable overtime
management.

Memorandum of Understanding: Berkeley Police Association CONSENT CALENDAR June 16, 2026

POST/Core Policing certification pay Basic POST/Core Policing Certification Pay consolidates and replaces the former
Mental Health Crisis Intervention Pay and
KIND Policing Education Incentive
resulting in a cost savings to the City.

Longevity pay Effective the first full pay period after January 1, 2027, longevity eligibility
thresholds are reduced to the 6th, 10th,
13th, and 16th years of service, while
maintaining the differential percentages.

This change reduces the longevity
eligibility by two years for each tier.

Shift differential Employees regularly assigned to a full swing shift that includes five (5) or more
hours between 5:00 p.m. and 12:00
midnight receive a three percent (3%)
differential for actual hours worked.

Employees regularly assigned to a full
night/graveyard shift that includes five (5)
or more hours between 12:00 midnight
and 7:00 a.m. receive a five percent (5%)
differential for actual hours worked. This
change introduces a shift differential for
this bargaining unit which has not
previously received any differential for
working swing or graveyard shifts.

Vision coverage Effective January 1, 2027, the City
provides a Vision Care Program for
employees and eligible dependents
covered by the Agreement, subject to the
applicable Vision Services Plan rate and
the premium increase limitation described
in the package. This bargaining unit did
not previously have coverage under the
City’s Vision Care Program.

Administrative Leave for Captains Memorializing in the MOU that Captain Administrative Leave increased from fifty
(50) hours to sixty (60) hours annually
pursuant to parity provision and removing

Memorandum of Understanding: Berkeley Police Association CONSENT CALENDAR June 16, 2026

said provision going forward.

Higher class and provisional assignments Clarifications are made to acting assignment, provisional assignment,
duration, and related pay and leave
provisions.

Grievance and disciplinary appeal
procedure
The disciplinary appeal process is clarified,
including authority to recommend and
impose discipline and the point at which
due process is satisfied before discipline is
imposed.

Association security and dues deduction Association information and dues deduction language is updated to align
with current legal requirements, including
Association certification of dues
authorization and employee information
reporting.

FLSA and related clean-up FLSA-related clean-up to work schedule, overtime, paid status/time worked
language, holiday provisions, and sick
leave conversion language is included.

PERL/CalPERS compliance review The parties agree to submit identified pensionable compensation provisions to
the CalPERS MOU Review Unit and to
collaborate in good faith to incorporate
required language modifications necessary
to achieve PERL compliance without
reopening the underlying economic intent.

BACKGROUND
During negotiations, the parties formally met 8 times and exchanged proposals and counterproposals addressing compensation, special pays, disciplinary procedure, higher-class and provisional assignments, Association information and dues deduction, FLSA compliance, PERL/CalPERS compliance, and health and welfare benefits. The May 19, 2026, comprehensive package identifies the City proposals and City counters to Union proposals that comprise the package.

The parties also agreed to submit identified pensionable compensation provisions to the CalPERS MOU Review Unit for compliance review and any language modifications

Memorandum of Understanding: Berkeley Police Association CONSENT CALENDAR June 16, 2026

returned to the City after CalPERS review may require later Council adoption if necessary.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Approval of the successor MOU will establish wages, hours, and other terms and conditions of employment for employees represented by the Berkeley Police Association for the 2026 – 2028 term and provide labor stability through June 30, 2028.

The agreement reflects the City’s current fiscal constraints while addressing targeted recruitment and retention needs in sworn police classifications. The successor MOU includes a 2.0% wage increase in the first year, no wage increase in the second year, a revised five-step Police Officer salary structure, earlier longevity eligibility thresholds, new swing and night/graveyard shift differentials, new vision coverage, and memorialization of a prior Administrative Leave adjustment for Captains.

A significant component of the successor MOU is meaningful overtime mitigation language. BPA agreed to remove sick leave and compensatory time from the calculation of overtime thresholds, which is a substantial concession. This change aligns overtime eligibility more closely with actual hours worked, supports more sustainable overtime management, and is projected to save the City approximately $221,844 annually.

The successor MOU also creates a new Basic POST/Core Policing Certification Pay, which consolidates the former Mental Health Crisis Intervention Pay and KIND Policing Education Incentive into a single, defined certification tier. This structure reinforces the City’s expectation that sworn personnel maintain core professional competencies the City and community have identified as essential to modern policing, including de- escalation, mental health response, community-oriented policing, constitutional policing, and other skills that support accountable and community-centered public safety. At the same time, the change reduces the compounding effect of separate incentives and is projected to save the City approximately $153,752 annually, demonstrating that the agreement advances both the City’s values and fiscal responsibility.

These savings also reflect BPA’s agreement to supporting the City’s long-term fiscal sustainability.

The proposed non-economic changes clarify MOU administration, including disciplinary appeal procedure updates, higher-class and provisional assignment language, Association information and dues deduction updates, FLSA-related language clean-up, and PERL/CalPERS compliance review language.

Memorandum of Understanding: Berkeley Police Association CONSENT CALENDAR June 16, 2026

ALTERNATIVE ACTIONS CONSIDERED
Various alternative proposals were considered by the Union and the City’s negotiation team before mutual agreement was reached on the proposed successor MOU.

CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, (510) 981-6807.

Attachments:
 1: Resolution: Memorandum of Understanding: Berkeley Police Association o Exhibit A: Memorandum of Understanding Between the City of Berkeley and Berkeley Police Association, 2026-2028 (Final/Revised Version) o Exhibit B: Memorandum of Understanding Between the City of Berkeley and Berkeley Police Association, 2026-2028 (Tracked Changes Version) o Exhibit C: Classification and Salary Table for Representation Units E and F

RESOLUTION NO. ##,###-N.S.

MEMORANDUM OF UNDERSTANDING: BERKELEY POLICE ASSOCIATION WHEREAS, the City is obligated under the provisions of California Government Code Sections 3500-3511, commonly referred to as the Meyers-Milias-Brown Act, to meet and confer in good faith and attempt to reach agreement with representatives of recognized bargaining units on matters within the scope of representation including, but not limited to, wages, hours, and other terms and conditions of employment; and WHEREAS, the City’s labor contract with the Berkeley Police Association expires and is otherwise fully terminated as of June 30, 2026; and
WHEREAS, representatives of the City and the Berkeley Police Association have met and conferred in good faith and have reached agreement on a successor Memorandum of Understanding that incorporates changes and modifications in wages, hours, and other terms and conditions of employment agreed to by the parties; and WHEREAS, the Berkeley Police Association ratified the successor Memorandum of Understanding on May 28, 2026;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute the successor Memorandum of Understanding with the Berkeley Police Association for the period commencing upon adoption by resolution of the City Council or July 1, 2026, whichever occurs later, and expiring at 12:00 a.m. on July 1, 2028, including changes in wages, benefits, and other terms and conditions of employment on the dates specified in the Memorandum of Understanding, which is attached hereto, made a part hereof, and marked Exhibit A; BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, or designee, to execute and implement any side letter agreements that may be operationally necessary during the term of the MOU, provided such agreements do not create increased economic obligations for the City or modify negotiated compensation or benefits;
BE IT FURTHER RESOLVED that the Council of the City of Berkeley approves, and the City Manager is hereby authorized to effectuate, a new Classification and Salary Table for Representation Units E and F that implements the salary adjustments and Police Officer salary schedule changes reflected in the successor MOU and supersedes any prior inconsistent classification and salary resolution or table as necessary; BE IT FURTHER RESOLVED that the City Manager is authorized to make non- substantive edits to the format and language of the successor MOU in alignment with the tentative agreement and legal requirements;

BE IT FURTHER RESOLVED that a fully executed original of said contract shall be filed in the Office of the City Clerk.

Exhibits
 A: Memorandum of Understanding Between the City of Berkeley and Berkeley Police Association, 2026-2028 (Final/Revised Version)
 B: Memorandum of Understanding Between the City of Berkeley and Berkeley Police Association, 2026-2028 (Tracked Changes Version)  C: Classification and Salary Table for Representation Units E and F

Memorandum of Understanding
between
City of Berkeley
and
Berkeley Police Association
July 1, 2026 to June 30, 2028

BACK COVER
(Intentionally Blank)

2026 - 2028 Memorandum of Understanding
City of Berkeley Berkeley Police Association
Table of Contents
ARTICLE 1 – ADMINISTRATION......................................................................................................9 SECTION 1: RECITALS............................................................................................................................................................................9 SECTION 2: RECOGNIZED EMPLOYEE ORGANIZATION.....................................................................................................................9 SECTION 3: NO DISCRIMINATION .......................................................................................................................................................10 SECTION 4: ASSOCIATION SECURITY................................................................................................................................................10 SECTION 5: DEDUCTION OF ASSOCIATION DUES ............................................................................................................................10 SECTION 6: ASSOCIATION REPRESENTATIVES................................................................................................................................10

6.2 Representatives...............................................................................................................11

6.3 Notice Requirements .......................................................................................................11

6.4 Meetings ..........................................................................................................................11 SECTION 7: ASSOCIATION RELEASE TIME ........................................................................................................................................12 SECTION 8: SEVERABILITY OF PROVISIONS .....................................................................................................................................12 SECTION 9: FINALITY OF RECOMMENDATIONS................................................................................................................................12 SECTION 10:

DURATION ............................................................................................................................................................13 ARTICLE 2 - SALARIES, HOURS OF WORK AND COMPENSATION ISSUES...........................14 SECTION 11: SALARIES...................................................................................................................................................................14

11.5 Y Rate..............................................................................................................................15

11.6 Pay Periods .....................................................................................................................15

11.8 Effective Date of Salary and Benefit Adjustments .............................................................15

11.9 Effective Date of Step Increases.......................................................................................15 SECTION 12: SALARY ADVANCEMENT ..........................................................................................................................................16

12.4 Lateral Entry Step Placement ..........................................................................................16 SECTION 13: PREMIUM/SPECIAL ASSIGNMENT ...........................................................................................................................17

13.1 Detective Division Premium, (Homicide Detail) ................................................................17

13.2 Lead Worker/Supervisor Premium ...................................................................................17

13.3 Peace Officer Standards and Training (POST)................................................................17

13.4 Bilingual Pay....................................................................................................................18

13.5 Shift Differential ...............................................................................................................18 SECTION 14: ASSIGNMENT PAY ..........................................................................................................................................................19

14.1 Special Response Team (S.R.T) .....................................................................................19

14.2 Explosives Ordinance Technician....................................................................................19

14.3 Field Training Officer Special Assignment: ......................................................................19 SECTION 15: LONGEVITY PAY........................................................................................................................................................19 SECTION 16: SUPPLEMENTAL RETIREMENT INCOME PROGRAM.............................................................................................20 SECTION 17: HIGHER CLASS PAY, TEMPORARY APPOINTMENTS, PROVISIONAL APPOINTMENTS .....................................21

2026 - 2028 Memorandum of Understanding
City of Berkeley Berkeley Police Association

17.1 Acting Assignment ...........................................................................................................21

17.2 Provisional Assignment ...................................................................................................21

17.3 Temporary Vacancy.........................................................................................................22

17.4 Duration ...........................................................................................................................22 SECTION 18: HOURS AND DAYS OF WORK...................................................................................................................................22

18.1.7 Daylight Savings Time......................................................................................................22

18.2 Shift Trades .....................................................................................................................23

18.3 Lunch Period....................................................................................................................23 SECTION 19: OVERTIME/SHIFT EXTENSION .................................................................................................................................23

19.3 Emergency On-Call Status ..............................................................................................24

19.4 Compensatory Time Off...................................................................................................24

19.5 Administrative Leave for Captains ...................................................................................24

19.7 Emergency Overtime .......................................................................................................25

19.8 Virtual Attendance ...........................................................................................................25 SECTION 20: COURT TIME ..............................................................................................................................................................25

20.1 Court Overtime.................................................................................................................25

20.2 Court Overtime/Telephone Stand-By...............................................................................26 SECTION 21: RECOVERY TRANSFER TIME ...................................................................................................................................26 ARTICLE 3 - LEAVES.....................................................................................................................27 SECTION 22: VACATION..................................................................................................................................................................27

22.4 Calculation of Vacation for Part-Time or Intermittent Employees.....................................28

22.5 Maximum Vacation Leave Accrual Carryover ..................................................................28

22.6 Return from Extended Unpaid Leave...............................................................................28

22.8 Payment upon Death, Termination or Extended Leave ...................................................29 SECTION 23: HOLIDAYS ..................................................................................................................................................................29 Intentionally Left Blank for Formatting Purposes..............................................................................29

23.2 Floating Holidays .............................................................................................................30

23.3 Pro-Rated Holidays..........................................................................................................30

23.5 Eligibility...........................................................................................................................30 SECTION 24: SICK LEAVE................................................................................................................................................................30

24.2 Sick Leave Accrual ..........................................................................................................31

24.4 Intermittent Employees Use of Sick Leave ......................................................................31

24.5 Notice Requirements .......................................................................................................31

24.6 Sick Leave Program ........................................................................................................31

24.7 Sick Leave Usage ............................................................................................................32

24.8 Sick Leave Bonus ............................................................................................................32

24.9 Absenteeism Control System...........................................................................................33

2026 - 2028 Memorandum of Understanding
City of Berkeley Berkeley Police Association

SECTION 25 INTENTIONALLY LEFT BLANK ......................................................................................................................................33 SECTION 26: BEREAVEMENTLEAVE..............................................................................................................................................34

26.3 Bereavement Leave Statement:.......................................................................................34 SECTION 27: MILITARY AND MARITIME LEAVE.............................................................................................................................34 SECTION 28: FAMILY CARE LEAVE ................................................................................................................................................34 SECTION 29: LEAVE OF ABSENCE WITHOUT PAY.......................................................................................................................35 SECTION 30: JURY DUTY LEAVE ....................................................................................................................................................35 ARTICLE 4 - HEALTH AND WELFARE BENEFITS .........................................................................35 SECTION 31: HOSPITAL-MEDICAL, DENTAL AND LIFE INSURANCE COVERAGE ......................................................................35

31.1 Medical Coverage............................................................................................................35

31.2 Dental Coverage..............................................................................................................35

31.4 Life Insurance ..................................................................................................................36

31.5 Pro-Ration for Less Than Full-Time Employees ..............................................................36

31.6 Cash In-Lieu ....................................................................................................................36

31.7 Vision Coverage ..............................................................................................................36 SECTION 32: RETIREE MEDICAL COVERAGE ...............................................................................................................................38

32.1 Sick Leave Trust Fund.....................................................................................................38

32.2 Retiree Health Coverage .................................................................................................38

32.3 Retiree Health Premium Assistance Coverage................................................................40

32.4 Amendment or Termination of 401(a) Plan ......................................................................40

32.5 Retiree Medical Coverage ...............................................................................................41 SECTION 33: SUPPLEMENTAL RETIREMENT PLAN.................................................................................................................45 ARTICLE 5 - TERMS AND CONDITIONS OF EMPLOYMENT ..................................................46 SECTION 34: PROBATIONARY PERIOD..........................................................................................................................................46

34.1 Police Officer ...................................................................................................................46

34.2 Other Probationary Periods..............................................................................................46

34.3 Provisional Appointments during Probationary Period.....................................................46

34.4 Completion of Probationary Period ..................................................................................46

34.5 Rejection during Probationary Period ..............................................................................46 SECTION 35: PROMOTION/EXAMINATION.....................................................................................................................................47

35.1 Promotional Exams..........................................................................................................47

35.2 Tests and Applications.....................................................................................................47

35.4 Notice of Examinations ....................................................................................................47

35.5 Open Competitive Examination........................................................................................47

35.6 Criteria for Promotion.......................................................................................................47 SECTION 36: DEMOTION.................................................................................................................................................................47

36.1 City Manager Authority ....................................................................................................47

36.2 Notice Requirements .......................................................................................................48

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36.3 Permanent Status............................................................................................................48

36.4 Demotion to Vacant Position............................................................................................48 SECTION 37: SUSPENSION AND DISCHARGE...............................................................................................................................48

37.1 30 Calendar Day Maximum Suspension..........................................................................48

37.2 Suspensions of 3 Days or Less........................................................................................48

37.3 Discharge.........................................................................................................................48

37.4 240 Day Limit on Imposition of Discipline.........................................................................48

37.5 Suspension of FLSA Exempt Employees ........................................................................49 SECTION 38: RESIGNATION............................................................................................................................................................49 SECTION 39: REINSTATEMENT ......................................................................................................................................................49 ARTICLE 6 - GRIEVANCE AND APPEAL PROCEDURE.................................................................49 SECTION 40: GRIEVANCE & DISCIPLINARY APPEAL PROCEDURE ............................................................................................49

40.3 Grievance Procedure.......................................................................................................50

40.4 Arbitrator Decisions..........................................................................................................50

40.5 Grievance of Affirmative Action Program .........................................................................51

40.7 Compensation Grievances...............................................................................................51

40.8 Disciplinary Appeals.........................................................................................................51

40.9 Days Defined ...................................................................................................................53

40.10 Waiver of Time Lines .......................................................................................................53 ARTICLE 7 - MISCELLANEOUS TERMS AND CONDITIONS...................................................54 SECTION 41: PAYROLL ERRORS ..............................................................................................................................................54 SECTION 42: PERSONAL CONDUCT .........................................................................................................................................54

42.2 Off the Job Activities ........................................................................................................54

42.3 Official Badge/Insignia .....................................................................................................54 SECTION 43: UNIFORMS............................................................................................................................................................55

42.4 Pro-Rated Uniform Allowance .........................................................................................55

42.5 Uniform and Equipment Committee.................................................................................55

42.6 Rain Gear ........................................................................................................................55 SECTION 44: SAFETY GLASSES................................................................................................................................................56 SECTION 45: SAFETY AND TRAINING............................................................................................................................................56

45.1 Responsibility...................................................................................................................56

45.2 Special Training Courses.................................................................................................56

45.3 Ammunition and Firing Range Program...........................................................................56

45.4 Safety Programs ..............................................................................................................56 SECTION 46: USE OF AUTOMOBILES ............................................................................................................................................56 SECTION 47: ANNUAL PHYSICAL EXAMINATION..........................................................................................................................56 SECTION 48: ASSIGNMENTS FOR TEMPORARILY DISABLED EMPLOYEES ..............................................................................57

48.2 Non-industrial Disabilities.................................................................................................57

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SECTION 49: ANNUAL PERFORMANCE EVALUATION ..................................................................................................................57 SECTION 50: RESERVE OFFICER FUNCTIONS ........................................................................................................................58

50.2 Special Events.................................................................................................................58 SECTION 51: CLEAN WORK SITE....................................................................................................................................................60 SECTION 52: WEIGHT ROOM..........................................................................................................................................................60 SECTION 53: PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS...............................................................................................60 SECTION 54: YMCA MEMBERSHIP .................................................................................................................................................60 SECTION 55:

PARKING ...............................................................................................................................................................61 ARTICLE 8 - CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM .............................62 SECTION 56: PUBLIC EMPLOYEES' RETIREMENT SYSTEM...................................................................................................62

56.1 Participation .....................................................................................................................62

56.2 “Classic Employees” Definition ........................................................................................62

56.3 “New Members” Definition ...............................................................................................62

56.4 CalPERS Retirement Formula for New Members as Defined Under the Public Employees’ Pension Reform Act of 2013 (PEPRA) ........................................................62

56.5 CalPERS Retirement Formula for Classic Employees Hired on or After November 27, 2012 (current employees and employees who do not qualify as “New Members” under PEPRA) ...........................................................................................................................62

56.6 CalPERS Retirement Formula for Classic Employees Hired Before November 27, 2012 .........................................................................................................................................62

56.7 Optional Benefits .............................................................................................................62

56.8 Classic Employees’ Pension Contribution........................................................................63

56.9 New Members’ Pension Contributions .............................................................................63 ARTICLE 9 - LAYOFF PROCEDURE................................................................................................64 SECTION 57: LAYOFF POLICY ...................................................................................................................................................64

57.1 Announcement of Layoff..................................................................................................64

57.2 Seniority Service Date .....................................................................................................64

57.3 Establishment of Seniority Lists .......................................................................................65

57.4 Employee Retreat Rights.................................................................................................65

57.5 Employee Notification ......................................................................................................66

57.6 Flexible Placement Program............................................................................................66

57.7 Reemployment Lists ........................................................................................................67

57.8 Career-Exempt Employees..............................................................................................67

57.9 Appeal Procedures ..........................................................................................................68

57.10 Audit ................................................................................................................................68 SIGNATURE PAGE .........................................................................................................................69 EXHIBIT A........................................................................................................................................66 EXHIBIT B ........................................................................................................................................67

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EXHIBIT C ........................................................................................................................................68

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ARTICLE 1 – ADMINISTRATION
SECTION 1: RECITALS
This Memorandum of Understanding, (hereinafter referred to as “Agreement”) is entered into pursuant to the Meyers-Milias-Brown Act (Government Code, sections 3500 - 3511), as amended, and has been jointly prepared by the parties.

The City Manager is the representative of the City of Berkeley in employer-employee relations as provided in Resolution No. 43,397-N.S., adopted by the City Council on October 14, 1969.

The Berkeley Police Association (hereinafter referred to as "the Association") is the recognized employee organization for Representation Unit E (sworn, managerial employees in the Police Department) and Representation Unit F (sworn, non-managerial employees in the Police Department), which organization has been certified as such pursuant to said Resolution No. 43,397- N.S. The employee positions in such Representation Units are hereinafter set forth in Exhibit A, and the Association is recognized as the sole representative of employees assigned to such positions.

The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of the employees in said Representation Units E and F, have freely exchanged information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Agreement shall be presented to the City Council as the joint recommendation of the undersigned.

SECTION 2: RECOGNIZED EMPLOYEE ORGANIZATION

2.1 The Association is the majority representative of all employees within Representation Units E and F and shall continue to be recognized as such unless, in accordance with the provisions of Resolution No. 43,397-N.S. or as said Resolution may be amended, the Association is no longer certified as the recognized employee organization for employees in Representation Units E and F.

2.2 Responsibility for management of the City and direction of its work force is vested in City officials and the City Manager whose powers and duties are specified by law. In order to fulfill this responsibility, it is the exclusive right of City management to determine the mission of its constituent departments, set standards of service to be offered to the public and exercise control and discretion over the City's organization and operations. It is also the exclusive right of the City Manager to take disciplinary action for just cause, to implement a layoff pursuant to Section 57 of this Agreement, determine the methods, means and personnel by which the City's operations are to be conducted and to take all necessary actions to maintain uninterrupted service to the community and carry out the City's mission in emergencies; provided, however, the Association shall be notified of any proposed changes affecting wages, hours and other terms and conditions of employment of employees represented by the Association, and the City Manager shall, upon request, meet and confer with representatives of the Association and endeavor to reach agreement on the practical consequences of any such changes in wages, hours and other terms and conditions of employees represented by the Association except as otherwise provided in this Agreement.

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SECTION 3: NO DISCRIMINATION

3.1 The Association certifies that it has no restriction on membership based on protected class as defined by applicable state or federal law. The Association will support programs and assist the City in its efforts to promote programs geared towards Diversity, Equity, & Inclusion to increase recruitment efforts of individuals within protected classes into city service. The Association recognizes and supports the City's commitment to equal employment opportunity.

3.2 Neither the City nor the Association shall discriminate against any employee covered by this Agreement due to any status protected by state and federal law. No employee shall be discriminated against on the basis of membership or non-membership in the Association or any lawful activity on behalf of the Association.

SECTION 4: ASSOCIATION SECURITY

4.1 The City shall provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following hire, and the City shall also provide the Association with a list of that information for all employees in the bargaining unit every 120 days. The City shall furnish newly hired employees with information concerning the Association as supplied by the Association.

SECTION 5: DEDUCTION OF ASSOCIATION DUES

5.1 The Association shall provide the City a list of employees that it certifies it has signed authorization from to deduct membership dues, initiation fees, general assessments, and/or the costs of membership benefit programs sponsored by the Association. The Association is not required to provide the City a copy of an individual authorization unless a dispute arises about the existence or terms of the authorization.

5.2 The City shall deduct, once monthly, the amount the Association certifies for each employee as set forth in Section 5.1. Such deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Association office.

5.3 An employee that wishes to, revoke their Association dues deduction authorization shall contact the Association and the Association will update the City according to applicable law.

5.4 The Association shall indemnify and save the City harmless from any and all claims, demands, suits, or any other action arising from  deductions made in reliance on the Association’s certification in Section 5.1.  The Association will, however, pay directly any fine or reimburse the City for the payment of any fine which may be assessed against the City by virtue of its agreement to Section 5.1, and the Association will pay any judgment or award.

SECTION 6: ASSOCIATION REPRESENTATIVES

6.1 The City shall allow representatives of the Association, subject to the conditions set forth in Sections 6.2 and 6.3, reasonable time off from work without loss of compensation or other benefits to represent its members in disputes which involve the interpretation or application of those rules, regulations, and resolutions which have been or may hereafter be adopted by the City Council to govern personnel practices and working conditions, including such rules,

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regulations, and resolutions as may be adopted by the City Council to effect Memoranda of Understanding which may result from the meeting and conferring process, and to represent its members in meeting and conferring in good faith for amendments to this Agreement in the future. The Parties agree to work cooperatively to negotiate the rules of procedure governing the conduct of the Police Accountability Board.

6.2 Representatives
With respect to the meet-and-confer process, four (4) Association representatives shall be the maximum number who will be allowed concurrent time off. In all other cases, such as disputes defined in Section 6.1, the maximum number allowed concurrent time off shall be two (2).

6.3 Notice Requirements
Association representatives seeking time off to carry out functions described in Section 6.1 shall advise their supervisors at the earliest possible time and, except in emergency cases, no later than 24 hours in advance before leaving their work assignments. The Department will not unreasonably deny release time to the Association President (or Acting President) so that they may schedule the duties specified in Section 6.1; there may be times, however, when the City will, on short notice, need to modify or adjust such release time because of unpredictable service needs.

6.3.1 In emergency situations which require the immediate attention of said employee, the employee shall notify a supervisor upon their return to work. It is understood that employees will not leave their work assignments without the approval of the supervisor and that such approval shall not be unreasonably denied.

6.3.2 To the extent possible, the Association will attempt to schedule all release time to avoid impacting service levels. If necessary, however, Association representatives' workloads will be adjusted on the basis of approved release time. Employees shall record release time for activities described in Section 6.1 with the appropriate code on their time sheets and cards.

6.4 Meetings
Reasonable release time will be available so that members can attend periodic meetings of the Association which occur during their shift.

6.5 Bulletin Boards
The City shall provide bulletin board space for Association use at each of its work centers where covered employees are regularly employed.

6.6 Board of Review
All time spent in attendance at Board of Review meetings and Police Review Commission meetings, interviews, and hearings as an official representative of the Association by appointed Association officers shall be considered time worked, and shall be compensated in accordance with Section 19 of this Agreement. The compensable time outside of an employee’s regularly schedule shall be limited to one person.

6.7 Up to three (3) officers designated by the Board of Directors of the Association may meet with the City Manager and Chief of Police, or their designee, every second month to foster communication. These meetings will be scheduled so that Association representatives can attend during regular work hours. Association representatives will record time spent in such meetings as work (rather than release) time.

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SECTION 7: ASSOCIATION RELEASE TIME
The Association will be entitled to up to six hundred (600) hours of paid leave of absence each calendar year to be granted collectively to employees who are designated representatives of the Association to attend seminars, conferences, or conventions away from the job site, where employees are not available to respond to emergencies. The Chief may, in their discretion, approve additional Association requests. The Chief or the Chief’s designee may not deny such requests solely on the need to post overtime. Time spent on such Association business will be recorded with the appropriate code on time sheets.

SECTION 8: SEVERABILITY OF PROVISIONS
In the event that any provision of this Agreement is declared by a court of competent jurisdiction to be illegal or un-enforceable, that provision of this Agreement shall be null and void, but such nullification shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect.

SECTION 9: FINALITY OF RECOMMENDATIONS

9.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any and all prior and existing Agreement, understandings, or agreements, whether formal or informal, are hereby superseded and terminated in their entirety. This Agreement cannot be modified except in writing upon the mutual consent of the parties and subject to ratification by the Association and approval by the City Council.

9.2 Existing provisions and/or benefits provided by ordinance or resolution of the City Council or as provided in the Municipal Code and which are referred to in the Agreement shall be provided in accordance with the terms of the Agreement.

9.3 There is no guarantee that working conditions and practices will be continued if they are not included in this Agreement or if they have not been or are not hereafter specifically authorized by ordinance or by a resolution of the City Council.

9.4 It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Agreement shall be administered and observed in good faith.

9.5 Although nothing in this Agreement shall preclude the parties from mutually agreeing to meet-and-confer on any subject within the scope of representation during the term of this Agreement, it is understood and agreed that neither party may require the other to meet- and- confer on any subject matter covered herein or with respect to any presentation during the term of this Agreement.

9.5.1 Nothing in this Agreement shall preclude the City from requesting meet and confer during the term of the Agreement on matters pertaining to police reform/reimagining efforts that are within the mandatory scope of bargaining under the Meyers-Milias- Brown Act (“MMBA;” Gov. Code section 3500 et seq.). This provision shall not be construed as a waiver of any Association rights under the MMBA, including but not limited to the right to adequate notice of changes within the mandatory scope of bargaining, good faith negotiation over matters within the mandatory scope of bargaining, negotiation over bargainable effects or impacts to the extent required by law, and any legal or administrative remedies for violation of the MMBA that may exist outside of this Agreement. This section, 9.5.1 shall sunset on June 30, 2023, unless mutually agreed by the parties.

9.6 Amendments to this Agreement shall be effective only when adopted by the City Council and ratified by the Association.

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SECTION 10: DURATION
The term of this Agreement shall commence upon adoption by resolution of the City Council or on July 1, 2026, whichever occurs later. Provisions with specified effective dates shall become effective as indicated. This Agreement shall expire at 12:00 a.m. on July 1, 2028.

Intentionally Left Blank

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ARTICLE 2 - SALARIES, HOURS OF WORK AND COMPENSATION
ISSUES
SECTION 11: SALARIES

11.1 Salaries are set according to the classifications and salary ranges assigned to those classifications and with the effective dates listed in Exhibit “A” to this Agreement and attached hereto. Effective the first full pay period after July 1, 2026, or following Council approval of this Agreement, whichever occurs later, represented employees still employed in that pay period shall receive the following wage increases:
 Two percent (2.0%) wage increase, on base salary, the first full pay period after July 1, 2026, or the first full pay period following Council approval of this Agreement (whichever is later); and
 Effective the first full pay period following January 1, 2027, the bottom two steps of the Police Officer classification shall be eliminated, resulting in a five-step structure.

Employees in the former Step 1 and Step 2 positions shall be advanced to the new entry step.
o Transition to Five-Step Salary Structure
Effective January 1, 2027, employees in former Steps 1 and 2 shall be placed at the new Step 1, which is equivalent to former Step 3.

Employees advanced to the new Step 1 as a result of the elimination of former Steps 1 and 2 shall not be eligible for advancement to the new Step 2 unless they have served at least three months in the new Step 1 upon their anniversary date. If an employee’s regular step anniversary date occurs before the employee has completed three months in the new Step 1, the employee shall not advance on that anniversary date and shall instead become eligible for advancement on their next annual step anniversary date, provided the employee otherwise meets the applicable requirements for step advancement.

For clarity, employees whose regular step anniversary date occurs on or after April 1, 2027, shall retain their regular step anniversary date for purposes of advancement from the new Step 1 to the new Step 2.

Employees whose regular step anniversary date occurs before April 1, 2027, shall next become eligible for advancement on their regular step anniversary date in 2028.

11.2 Employees occupying a position in the competitive service shall be paid a salary or wage within the range established for that position's class as set forth in Exhibit “A”. The minimum rate for the class shall apply to employees upon original appointment to the position except in cases of lateral entry. Lateral entry shall be provided for Police Officer only, and the Chief of Police with the approval of the Director of Human Resources and City Manager, may pay to lateral entrants a salary above the first step. Employees reinstated or reemployed after layoff shall receive a rate within the range established for the class. Transfers shall not affect an employee's salary rate. Employees appointed to any of the positions set forth in Exhibit “A” and employed or working on a part-time basis shall be paid in proportion to the time

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worked and described in their appointment.

11.3 No salary advancement shall be made so as to exceed the maximum rate established for the class to which the advanced employee's position is allocated. Advancement shall be in accordance with the compensation plan of the City and shall depend upon increased service value of an employee to the City as exemplified by recommendations of the department head, performance record, special training, length of service, and other pertinent evidence.

11.3.1 An employee's salary step increase as provided in Section 12 (Salary Advancement) shall not be affected by any leave of absence without pay if the employee is off the payroll for less than one hundred sixty (160) consecutive hours. If the employee is off the payroll for one hundred sixty (160) consecutive hours or more, the total amount of time off shall be made up before the employee shall be entitled to such salary step increase.

11.4 Salary reductions may be made as a result of an employee's diminished service value or as part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program. No reduction shall be made below the minimum rate established for the class to which the reduced employee's position is allocated. Notice of the reduction shall be given to the employee not later than two (2) weeks prior to the effective date of the reduction. Any employee whose salary has been reduced shall be entitled to receive a written statement of the reasons for such action.

11.4.1 Salary reductions which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program shall not be subject to the provisions of Sections 11.4, 11.5 or 56.

11.5 Y Rate
Any employee occupying a position which is reallocated to a class, the maximum salary for which is less than the incumbent's present salary, or occupying a position in a class, the salary rate or range for which is reduced, shall continue to receive their present salary. Such salary shall be designated as a "Y" rate. When an employee on a "Y" rate vacates their position, subsequent appointments to that position shall be made in accordance with Section 11.2.

11.6 Pay Periods
Payment of salaries herein established shall be bi-weekly. Each pay period shall begin at 12:01 a.m. Sunday up to and including 12:00 midnight Saturday two weeks following. Each payment shall be made not later than the Friday following the ending of each payroll period and shall include payment for all earnings during the previous payroll period.

11.7 For purposes of calculating pay and benefits, the end of the year shall be defined as the last day of the last full pay period of the calendar year.

11.8 Effective Date of Salary and Benefit Adjustments
All future general salary and benefit adjustments shall become effective on the first day of the pay period closest to the date otherwise specified or applicable.

11.9 Effective Date of Step Increases
Step increases shall be effective, for payroll purposes only, on the first day of the pay period nearest the date an employee is entitled to a step increase (anniversary date or 1040 hours).

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SECTION 12: SALARY ADVANCEMENT

12.1 Employees in the classification of Police Officer will be placed in the salary step according to the schedule on the chart below. Increases between salary steps shall occur on the employee's anniversary date. The period of time necessary to move from one salary step to the next is expressed in months on the chart below:

Length of Service – Police Officer Salary Step
0 to completion of 12 months Step 1
Beginning of 13th month to completion of 24th month Step 2 Beginning of 25th month to completion of 36th month Step 3 Beginning of 37th month to completion of 48th month Step 4 Beginning of 49th month to completion of 60th month Step 5 Beginning of 61st month to completion of 72nd month Step 6 Beginning of 73rd month and beyond Step 7

12.2 Employees in the classifications of Police Sergeant, Police Lieutenant and Police Captain will be placed in the salary step according to the schedule on the chart below. Increases between salary steps shall occur on the employee's anniversary date, in accordance with Section 11.9. The period of time necessary to move from one salary step to the next is expressed in months on the chart below:

Length of Service – All Ranks Above Police Officer Salary Step Beginning of 25th month to completion of 36th month Step 1 Beginning of 37th month to completion of 48th month Step 2 Beginning of 49th month to completion of 60th month Step 3 Beginning of 61st month to completion of 72nd month Step 4 Beginning of 73rd month and beyond Step 5

12.3 Upon promotion, the employee shall be placed at the step of the higher rank that is commensurate with the employee’s length of service in any classifications represented by the Association.

12.4 Lateral Entry Step Placement
An employee appointed through lateral entry may be appointed at a salary step commensurate with their experience as a sworn peace officer.

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SECTION 13: PREMIUM/SPECIAL ASSIGNMENT

13.1 Detective Division Premium, (Homicide Detail)
Homicide Detail is an investigative division which consists exclusively of individuals in detective assignments. Therefore, the pay described in this section shall be reported to CalPERS as Detective Division Premium Pay.

Police Officers shall receive a three percent (3%) salary differential.

Police Sergeants shall receive a four percent (4%) salary differential.

This differential applies only while the employee is assigned to the Homicide Detail and performing the associated duties as part of their regular work schedule.

13.2 Lead Worker/Supervisor Premium
When a Police Sergeant is regularly assigned to function as the Field Training Officer Supervisor they shall receive a five percent (5%) salary differential while occupying that position. If an employee is assigned as the Field Training Officer Supervisor, while on regular duty and not while on overtime, this differential for hours worked on regular duty shall be reported to CalPERS as Supervisor Special Assignment Pay.

13.3 Peace Officer Standards and Training (POST)
Effective the first full pay period following July 1, 2026, or upon adoption by the City Council, whichever occurs later, employees covered by this Agreement who meet the requirements established by the California Commission on Peace Officer Standards and Training (POST) shall be eligible for a three-tier educational and training incentive compensation program consisting of Basic, Intermediate, and Advanced POST differentials. These differentials are intended to recognize attainment and maintenance of POST certification and Department-required training beyond minimum qualifications.

Eligibility for each tier shall be subject to verification by the Berkeley Police Department Professional Standards Division, and required documentation must be submitted by the employee to establish and maintain eligibility. Failure to provide required documentation shall delay eligibility for the applicable differential until such time as documentation is received and verified

13.3.1 Basic POST Certificate / Core Policing Certification Pay: Employees covered by this Agreement who possess and maintain a valid Peace Officer Standards and Training (POST) Basic Certificate and who have successfully completed required Department training in core policing competencies shall receive a differential of six percent (6%) of base salary.

This differential consolidates and replaces the former Mental Health Crisis Intervention Pay and KIND Policing Education Incentive.

To qualify for this differential, employees must:
 Maintain a valid POST Basic Certificate; and
 Successfully complete their entry level Officer probationary period and Department-required training in core competencies, which may include, but are not limited to, de-escalation, mental health response, community-oriented policing, constitutional policing, and related topics

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as determined by the Chief of Police or designee.

The Department shall establish and maintain training and documentation requirements necessary to verify eligibility. Employees must remain in compliance with all required training to continue receiving this differential. This differential is intended to compensate employees for attainment and maintenance of POST certification and related required training beyond minimum appointment qualifications. Eligibility for this differential is contingent upon meeting and maintaining the certification and training requirements and is not automatic for all employees in the classification.

This differential shall be paid on all hours in a paid status and shall be reported to CalPERS as POST Certificate Pay / Educational Incentive Pay in accordance with applicable regulations.

13.3.2 Intermediate Certificate: An employee who possess a Peace Officers Standards and Training Intermediate Certificate shall receive a five percent (5%) differential to base salary and such payment shall be reported to CalPERS as Peace Officers Standards and Training Certificate Pay as a form of Educational Pay.

13.3.3 Advanced Certificate: An officer who possess a Peace Officers Standards and Training Advanced Certificate, the employee shall receive a two percent (2%) differential to base salary and such payment shall be reported to CalPERS as Peace Officers Standards and Training Certificate Pay as a form of Educational Pay.

13.3.4 Non-Compounding / Maximum POST Differential
The Basic, Intermediate, and Advanced POST differentials shall be calculated as a percentage of base salary only and shall not be compounded upon one another.

Employees may receive multiple POST differentials concurrently; however, such differentials shall be additive (stacked) and the total combined POST differential shall not exceed thirteen percent (13%) of base salary.

13.4 Bilingual Pay
Employees in the bargaining unit are routinely and consistently assigned to positions requiring communication skills other than English. In recognition thereof, the City shall provide Bilingual Premium Pay equal to five percent (5%) of base pay, applicable to all employees who demonstrate communication proficiency in a language other than English, including Braille and sign language. The pay shall be applied to all hours in which the employee is in paid status. This pay and shall be reported to CalPERS as Bilingual Premium Pay. The employee must agree to use the bilingual skill during their normal work shift regardless of assignment.

13.5 Shift Differential
Employees regularly assigned to work a full swing shift, defined as a full assigned shift that includes five (5) or more hours between 5:00 p.m. and 12:00 midnight, shall receive a shift differential of three percent (3%) for actual hours worked on the qualifying swing shift.

Employees regularly assigned to work a full night/graveyard shift, defined as a full assigned shift that includes five (5) or more hours between 12:00 midnight and 7:00 a.m., shall receive a shift differential of five percent (5%) for actual hours worked on the qualifying night/graveyard shift.

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Shift differential shall apply only to actual hours worked and shall not apply to paid leave or other non-worked hours unless required by law. Shift differential shall apply to mandatory or voluntary overtime shifts only when the employee works the entire qualifying swing or night/graveyard shift. An employee shall not receive more than one shift differential for the same hours worked.

The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Shift Differential.

SECTION 14: ASSIGNMENT PAY

14.1 Special Response Team (S.R.T)
An employee assigned as a member of the Special Response Team (S.R.T.) shall receive a five percent (5%) salary differential when involved in an active S.R.T. incident. If an employee is assigned as a member of the Barricaded Subjects Hostage Negotiation Team while on regular duty and not while on overtime, those hours worked as a S.R.T. member on regular duty shall be reported to CalPERS as Hazard Premium Pay.

14.2 Explosives Ordinance Technician
An employee assigned as an Explosives Ordinance Technician shall receive double their regular straight-time rate for that time spent (from call to completion) in dealing with explosives. Said double time shall be the total compensation for such time spent, whether on regular duty time or when called in from off-duty. If an employee is assigned as an Explosive Ordinance Technician while on regular duty and not while on overtime, those hours worked as an Explosive Ordinance Technician on regular duty shall be reported to CalPERS as Hazard Premium Pay.

14.3 Field Training Officer Special Assignment:

Employees assigned as Field Training Officers shall receive a ten percent (10%) differential during any calendar year when actually working as a Field Training Officer. If an employee is assigned as a Field Training Officer while on regular duty and not while on overtime, this differential for hours worked on regular duty shall be reported to CalPERS as Supervisor Special Assignment Pay.

SECTION 15: LONGEVITY PAY
Effective September 3, 2023, the longevity premium structure shall be discontinued and replaced with the following:

Upon the anniversary date of the beginning of the following years of service as an employee in a classification represented by the Association, shall receive the following differentials above their base rate of pay:
 Eighth (8th) Year of Service: three percent (3%)
 Twelfth (12th) Year of Service: an additional three percent (3%) for a total of six percent (6%)
 Fifteenth (15th) Year of Service: an additional three percent (3%) for a total of nine percent (9%)
 Eighteenth (18th) Year of Service: an additional three percent (3%) for a

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total of twelve percent (12%)
Employees who have already reached these levels of service shall receive the new premiums effective immediately.

Effective the first full pay period after January 1, 2027, the prior longevity premium structure shall be discontinued and replaced with the following:

Upon the anniversary date of the beginning of the following years of service as an employee in a classification represented by the Association, shall receive the following differentials above their base rate of pay:
 Sixth (6th) Year of Service: three percent (3%)
 Tenth (10th ) Year of Service: an additional three percent (3%) for a total of six percent (6%)
 Thirteenth (13th) Year of Service: an additional three percent (3%) for a total of nine percent (9%)
 Sixteenth (16th) Year of Service: an additional three percent (3%) for a total of twelve percent (12%)
Employees who have met the revised years-of-service thresholds shall receive the applicable longevity premium effective the first full pay period following January 1, 2027. The revised longevity schedule shall not be applied retroactively, and no employee shall receive back pay or credit for prior periods based on the revised thresholds.

Laterals: Employees with prior qualifying service as sworn peace officers with a Federal, State, City, County, District, or Tribal agency may have such service credited toward longevity, subject to verification and approval by the Chief of Police and the Director of Human Resources.

Longevity pay shall be reported to CalPERS as Longevity Pay in accordance with applicable regulations.

SECTION 16: SUPPLEMENTAL RETIREMENT INCOME PROGRAM
The City will pay two percent (2%) of the employee's regular annual salary for the first $32,400 in salary, into a Supplemental Retirement Income Program.

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SECTION 17: HIGHER CLASS PAY, TEMPORARY APPOINTMENTS, PROVISIONAL

APPOINTMENTS

17.1 Acting Assignment
When an employee occupying a position in any of the classifications covered by this Agreement is specifically assigned by the Chief of Police, or their authorized representative, to temporarily serve in a higher classification for a minimum of one (1) entire shift (either 8, 10 or 12.5 hours depending on the employee’s shift schedule), said employee shall be paid at the lowest step of the higher classification which provides at least a five (5) percent differential or the lowest step of the higher classification to which the employee is assigned, whichever is greater. To be eligible for a higher class assignment the employee must fully perform the duties of the higher classification. In no case, however, will an employee acting in a higher classification be paid in excess of the top step of the salary range of the higher class. In no instance shall an acting assignment last for more than thirty (30) consecutive days; any assignment over thirty (30) consecutive days shall be deemed a provisional assignment.

17.2 Provisional Assignment
Any assignment to serve in a higher classification for over thirty (30) consecutive days requires advanced written approval of the Chief of Police and the City Manager. An Acting Assignment that exceeds thirty (30) consecutive days shall be deemed a provisional assignment commencing the first full pay period following the thirty first (31 st) day of the assignment. An employee must meet the minimum qualifications of the higher classification to serve in a provisional capacity. The City does not guarantee a permanent promotion to the employee assigned as a provisional employee. The employee may be removed from the provisional assignment at any time by the Chief of Police.

Time served in a provisional assignment shall be credited toward the probationary period in the higher classification in the event the employee is appointed permanently to the higher classification, provided the employee is appointed immediately from the provisional assignment without a break in service, or with only a break not exceeding the employee’s regularly scheduled days off. Only continuous provisional service shall be credited, and non- consecutive periods shall not be combined.

An employee provisionally assigned shall work the work schedule and shall receive the salary step and any step increases in such classification as if the employee held a permanent appointment thereto. Such provisional employees shall be subject to the overtime provisions that apply to the higher-level classification.

An employee assigned provisionally to an exempt classification is therefore ineligible to earn overtime and shall be entitled to prorated Administrative Leave commensurate with the classification for which they are provisionally serving for the duration of the provisional assignment. Any unused administrative leave at the end of the provisional assignment will roll into vacation, provided the total of accrued and
unused vacation and accrued administrative leave do not exceed 320 hours as provided in Section 22.5 of this agreement.

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17.3 Temporary Vacancy
When a temporary vacancy is to be filled in a classification for which there is an existing eligibility list, the City shall attempt to make the temporary assignment from that list.

17.4 Duration
Temporary and provisional assignments shall be limited to six (6) months in any calendar year, and can be extended in three (3) month increments by mutual  written agreement between the City and the Union.

SECTION 18: HOURS AND DAYS OF WORK

18.1 Hours and days of work shall be governed by rules established by the City Manager and the Chief of Police. The work schedule is attached as Exhibit “B” for illustrative purposes and is described as follows:

18.1.1 Weekly Work Schedule: The weekly work schedule shall be defined as beginning at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday.

18.1.2 4/10 Work Schedule: Employees assigned to the 4/10 Work Schedule shall be assigned to work on Monday, Tuesday, Wednesday and Thursday. Employees assigned to this Work Schedule shall work four (4) consecutive ten (10) hour days.

Scheduled days off shall be Friday, Saturday and Sunday.

18.1.3 3/12.5 Work Schedule: Employees assigned to the 3/12.5 Work Schedule shall be assigned to work on Friday, Saturday and Sunday. Employees assigned to this Work Schedule shall work three (3) consecutive twelve and one-half (12.5) hour days.

Scheduled days off shall be Monday, Tuesday, Wednesday and Thursday. Employees assigned to this Work Schedule shall also work one additional ten (10) hour shift on either the first, second or third Thursday of each Fair Labor Standards Act (FLSA) 28 consecutive day work period depending on the Team Assignment of the employee.

18.1.4 Either party may request to modify the work schedule after initial implementation and any modification shall be subject to the meet and confer process.

18.1.5 There may be some special assignments including, but not limited to Sergeants assigned to the Internal Affairs Bureau or the Sergeant assigned to the Professional Standards Division who work a 4/10 schedule from Tuesday through Friday with scheduled days off on Saturday, Sunday and Monday.

18.1.6 When an employee’s schedule is changed from the 3/12.5 to the 4/10 schedule, the employee shall be given the option of working the additional four (4) hours or taking earned vacation or compensatory time to cover the pay period shortage.

18.1.7 Daylight Savings Time

18.1.7.1 Spring: In the Spring when transitioning to Daylight Savings Time (DST), employees working during the one (1) hour transition from Standard Time to DST will be paid only for actual hours worked. Employees working on a shift which includes the one (1) hour transition may be granted an option by the Chief to work an additional hour or use compensatory time, floating holiday, or vacation to make up the lost work hour.

18.1.7.2 Fall: In the Fall when transitioning from DST, employees working during the

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one (1) hour transition will be paid for all hours worked including overtime and one-and-one-half (1½) times the straight-time rate of pay for hours worked in excess of the regular workweek as set forth in either Section 18.1.1 or 18.1.2 of this Agreement, or all hours worked in excess of 171 hours in a 28 consecutive day work period as provided in Section 207(k) of the Fair Labor Standards Act (FLSA).

18.2 Shift Trades
The practice of trading of work shifts (where one Unit F employee trades a shift with another of the same rank) shall be limited as set forth in Police Department General Orders which include the following provisions:

18.2.1 Each Unit F employee shall be allowed no more than four (4) trades of shifts in any calendar month. Employees desiring in excess of four (4) trades of shifts must first seek and receive permission for additional trades of shifts from the Commanding Officer of the division involved.

18.2.2 Notwithstanding the foregoing, under no circumstances will employees be allowed to regularly or systematically trade shifts with one another in a manner that negates or converts the hours or days any employee is regularly scheduled to work (e.g., to work a four [4] day work week on a regular basis).

18.2.3 Permission for additional trades of shifts shall generally be granted if the request is supported by a bona fide reason and the request will not circumvent the requirements of Section 18.2.2 above.

18.2.4 In no event shall compensatory time off be transferred to compensate for a trade of shift by one employee for another.

18.3 Lunch Period
Employees may, upon clearance by the on-duty supervisor, extend their lunch period by no more than thirty (30) minutes in order to work out. Employees availing themselves of this opportunity will limit their workout within the Berkeley City limits and remain available and reachable by telephone during the entire period in the event of a specific need. As is the case with any lunch period, the needs of the City and Department take precedence.

SECTION 19: OVERTIME/SHIFT EXTENSION

19.1 Employees of the rank of Lieutenant or below shall be entitled to receive overtime pay. No employee may work overtime or extend their shift without express prior approval of their supervisor.

With the exception of Sick Leave and Compensatory time off, time spent in a paid status but not actually worked (i.e., sick leave, vacation leave, workers' compensation, holiday time when receiving pay, when being represented, or other approved leaves with pay) shall be considered "time worked" for the purposes of this section. Unless specifically requested by a commanding officer, employees shall not work overtime on their regularly scheduled shift on days they would normally work.

As set forth in Section 18.1 of this Agreement, employees at the rank of Police Lieutenant or below shall be assigned to work either a 4/10 Work Schedule or a 3/12.5 Work Schedule.

Overtime is defined as all hours such employees are required to work in excess of the regular work schedule as set forth in either Section 18.1 of this Agreement, or all hours

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worked in excess of 171 hours in a 28 consecutive day work period as provided in Section 207(k) of the FLSA.

19.1.1 Employees of the rank of Lieutenant or below shall be compensated for as follows:

19.1.1.1 The overtime rate applicable under this section shall be one and one- half (1½) times the regular rate of pay as required by the FLSA.

19.1.1.2 Whether an employee shall be compensated for overtime by compensatory time off or by payment shall be at the sole discretion of the employee's department director.

19.1.1.3 Flexing of shifts will only be used on a voluntary basis. Members shall notify the Association before they flex their schedule.

19.2 Employees holding the rank of Captain shall be ineligible for overtime compensation. The practice of permitting Captains to receive overtime for special events such as U.C. Berkeley football games, the Fourth of July celebration, and for Federal Emergency Management Act (FEMA) disaster work was previously discontinued.

19.3 Emergency On-Call Status
An employee shall be paid or given compensatory time off for being placed on emergency on-call status as follows:

19.3.1 An employee who is placed on emergency on-call status on their regularly scheduled work day shall be paid for a minimum of one hour and at a one-quarter time rate (i.e.,

0.25 multiplied by the hourly rate and multiplied by the number of hours placed on emergency on-call status).

19.3.2 An employee who is placed on emergency on-call status on their regularly scheduled day off shall be paid for a minimum of two hours and at a one-quarter time rate (i.e., 0.25 multiplied by the hourly rate and multiplied by the number of hours placed on emergency on-call status).

19.4 Compensatory Time Off
Compensatory time off may be earned in lieu of overtime pay at the rate of one and one-half (1½) hours for each overtime hour worked up to a maximum, of one hundred twenty (120) hours in such compensatory time. Consistent with FLSA regulations, upon termination of employment, employees will be paid for the full amount of compensation for accumulated but unused compensatory time. Utilization of compensatory time shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of service, consistent with FLSA regulations.

19.5 Administrative Leave for Captains

19.5.1 Effective January 1, 2024 and each year thereafter, Captains shall be credited with sixty (60) hours of Administrative Leave. Such leave shall be in lieu of overtime earned by individuals in the ranks of Lieutenant and below. After successful completion of six (6) months of initial employment, employees are able to use Administrative Leave. Administrative Leave which is not utilized during any calendar year will be credited to the individual's vacation balance at the end of the calendar year. All rules governing vacation balances and when vacation can be scheduled in Section 22 shall apply to Administrative Leave.

19.5.2 Persons appointed to the rank of Captain during the calendar year shall receive

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Administrative Leave prorated based on the number of pay periods remaining in the calendar year.

19.6 Any hours worked on overtime are excluded from CalPERS reported “compensation earnable” in California Government Code Section 20635.

19.7 Emergency Overtime
An employee is guaranteed at least three (3) hours overtime when called to emergency overtime duty from their residence.

19.8 Virtual Attendance
If an employee is required to work outside their regularly scheduled work hours to virtually or remotely perform any official duties including but not limited to meetings, training and court related activities the member will be compensated as if they had personally appeared or attended at one-half the minimum premium identified in this Agreement. This provision does not apply to instances in which the assigned work is contiguous with the beginning or end of the employees’ regular scheduled shift.

SECTION 20: COURT TIME

20.1 Court Overtime

20.1.1 Court overtime is defined as that overtime worked in connection with an assigned appearance before any criminal of civil court, Police Review Commission meeting or Board of Inquiry, Department Board of Review, and any other specially approved appearance on behalf of another City department or commission.

20.1.2 Unless otherwise approved by a Commanding Officer, all court overtime shall be paid.

20.1.3 A sworn employee who makes an off-duty court appearance shall receive a minimum of four (4) hours overtime unless their scheduled duty reporting time, regular shift or overtime shift is less than four hours after the scheduled court appearance in which case the employee will receive overtime in the lesser amount.

20.1.4 Overtime spent conferring with the prosecuting attorney will be considered as court overtime and part of the court session only if the employee's presence is required in court after the conference.

20.1.5 For off-duty, out-of-town court appearances, travel constitutes court overtime and is determined by the round-trip time from the Hall of Justice.

20.1.6 To receive court overtime credit, an employee shall submit an Extraordinary Duty Report.

20.1.6.1 Subpoena should be attached and case number indicated if either or both are available.

20.1.6.2 Report is to be completed by the employee and should specify the amount of time required for "testifying/conferring," "time waiting," or if "not needed."

20.1.6.3 The employee's supervisor shall review the report for accuracy and complete the lower boxed area, indicating the court paid overtime budget code, the Activity Code and the proper project designation.

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20.2 Court Overtime/Telephone Stand-By

20.2.1 Sworn employees who are placed on telephone stand-by for the court will be compensated by earned compensatory time as follows:

20.2.1.1 Duty Day: One-hour minimum compensatory time and hour for hour thereafter.

20.2.1.2 Day Off: Two-hour minimum compensatory time and hour for hour thereafter.

20.2.2 To receive compensatory overtime credit for telephone stand-by, an officer shall submit an Extraordinary Duty Report. If an employee has reached their maximum compensatory accrual amount, the employee shall be paid:

20.2.2.1 Subpoena should be attached and case number indicated if either or both are available.

20.2.2.2 Report is to be completed by the officer and shall specify the case number and the name of the Deputy District Attorney placing them on telephone stand-by.

SECTION 21: RECOVERY TRANSFER TIME

21.1 Recovery Time Transfer is that system whereby an employee grants time from earned compensatory time off, 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 their exhaustion of employment benefits. Such time transfer request must be in writing, and subject to the approval of the City Manager or designee. 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 reserves the right to require medical verification by a qualified medical practitioner of the recipient employee’s medical condition.

21.2 An employee may donate compensatory time off or vacation leave.

21.3 An employee may donate accrued but unused sick leave as Recovery Transfer Time subject to the following conditions:

21.3.1 An employee may donate one hour of sick leave for each hour of compensatory time off and/or vacation leave time donated for Recovery Time Transfer. To donate sick leave hours beyond the number of hours of compensatory time off and/or vacation leave time, the employee will be charged two hours of sick leave for each hour of sick leave donated for use as Recovery Time Transfer.

21.3.2 The employee donating the sick leave must maintain a sick leave balance of at least 120 hours after the donation of leave for Recovery Transfer Time.

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ARTICLE 3 - LEAVES
SECTION 22: VACATION

22.1 All employees who have worked for the City six (6) months or more and have worked half-time or more in the preceding year shall be entitled to vacation leave.

22.2 The times during the calendar year at which an employee shall take vacation shall be determined by the Chief of Police, or their designee, in accordance with department policies with regard for the wishes of the employee and particular regard for the needs of service.

With advance supervisory approval, vacations may be in increments of one (1) hour.

22.3 Employees shall be entitled to annual vacation leave as follows:

Years of Service Vacation Accrual
The first (1) through third (3) years of service (except as provided in Sections 22.4 and 22.5 below)
80 work hours
120 work hoursFourth (4) through eleventh (11) years of service (except as provided in Sections 22.4 and 22.5 below)
Twelfth (12) through seventeenth (17) years of service
(except as provided in Sections 22.4 and 22.5 below)
160 work hours
Eighteenth (18) through twentieth (20) years of service (except as provided in Sections 22.4 and 22.5 below)
200 work hours
Twenty-first (21) and subsequent years of service (except as provided in Sections 22.4 and 22.5 below)
240 work hours

22.3.1 Employees shall accrue vacation leave at the following rates:

Vacation Hours Earned Per Year Hours of Vacation Earned per Hour of Regularly Scheduled Work
80 0.0385
120 0.0577
160 0.0769
200 0.0962
240 0.1154

22.3.2 Use of Vacation Leave: Each employee shall be entitled to take during the first two (2) years of employment only such annual vacation leave as the employee earns:
provided, however, that no employee with less than six (6) months of service shall be entitled to take earned vacation leave.

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22.3.3 Lateral Entry Vacation Accrual Rate at Time of Appointment: Subject to the provisions of Section 22.1, an employee appointed through lateral entry shall accrue and take Vacation Leave commensurate with their experience as a sworn peace officer.

22.4 Calculation of Vacation for Part-Time or Intermittent Employees For an employee who has worked on a part-time or intermittent basis, the actual years of service with the City shall be used for the purpose of computing length of service in determining eligibility for vacation as specified in Section 22.3.

22.4.1 Pro-Ration of Vacation for Part-Time or Intermittent Employees: Employees working on an intermittent or part-time basis who have worked half-time or more in the preceding calendar year without termination of employment shall be entitled to a prorated vacation leave based upon the actual years of service with the City and upon the actual amount of time worked in the preceding calendar year.

22.4.2 For the purpose of computing length of service in determining eligibility for vacation, time spent an on extended military leave shall be counted as time spent in the service of the City.

22.5 Maximum Vacation Leave Accrual Carryover
Employees can carry over from one vacation year (see glossary) to the next no more than three hundred twenty (320) hours of earned vacation.

22.5.1 Annual Vacation Leave Sell Back: Once per year, an employee will have the option to sell to the City up to one hundred sixty (160) hours of accumulated vacation time.

The employee shall notify the Department on a form provided by the Auditor that they are exercising this option no later than March 1 of any calendar year. The City will pay the employee for the purchased vacation hours by March 31 of the same calendar year.

22.5.2 Excess Vacation: Not later than October 1 of each vacation year, the City will notify each affected employee of the amount of the employee's earned vacation projected to exceed three hundred twenty (320) hours at the end of the vacation year. By October 31, those employees notified of projected excess vacation will submit to the Chief of Police, or their designee, a proposal for use of the projected excess vacation prior to the end of the vacation year. Such a proposal may include both vacation leave and "sell back" to the City.

22.5.3 An employee who has attained maximum accumulation, and does not submit a proposal for use of excess vacation, may be required to take all the projected excess earned vacation or receive pay in lieu thereof, at the option of the City. Such time off shall be scheduled in accordance with the provisions of Section 22.2.

22.6 Return from Extended Unpaid 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 City service, to a prorated vacation based upon the total years of service with the City and upon the total number of months of actual service with the City during the calendar year. For succeeding calendar years, vacation shall be as provided in Section 22.

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22.7 Any employee who is granted a leave of absence without pay and who is off the payroll for less than one hundred-sixty (160) consecutive hours shall be entitled to a full vacation. If such an employee is off the payroll for the employee shall not earn vacation leave credit for each one hundred–sixty (160) consecutive hours that they areoff the payroll. Vacation leave shall be accrued on hours worked or in a paid status exclusive of overtime.

22.8 Payment upon Death, Termination or Extended Leave
If, after six (6) months of continuous service, an employee dies, is terminated or is granted an extended military leave or other extended leave of absence without pay, such employee, or their estate shall be paid for accrued but unused vacation leave.

22.8.1 Upon death or termination, if the vacation balance is negative, for employees who received advanced vacation, such employee, or their estate, shall, on the same basis, reimburse the City or the City may deduct the balance due from the employee's salary due, accrued floating holidays, holiday pay due, compensatory time due or sick leave, in the listed order of priority.

22.8.2 Payment for excess of vacation leave shall be made in lump sum at the time of termination or death, as soon as possible.

SECTION 23: HOLIDAYS

23.1 All employees in Representation Units E and F who are required to work on any of the hereinafter enumerated holidays, shall have the option of receiving compensation, in addition to their regular monthly salaries, either in the form of holiday pay or compensatory overtime.

The holiday pay will be equivalent to the employee's regular hourly salary multiplied by the number of hours worked during such day, except that the sum of the hours compensated by holiday pay and hours taken as time off shall not exceed eight (8) for any single holiday; or the employee shall receive compensatory time off at the straight-time rate on the same basis.

For purposes of overtime computation, holiday pay is not to be considered compensation for time worked. Employees may utilize accrued compensatory time off, vacation, floating holidays and/or administrative leave (if applicable) for the difference between 8 hours and the number of hours in their regularly scheduled shift.

23.2 In the event that any of the enumerated holidays fall on a day which is not a regularly scheduled workday, such employees shall, in addition to the regular salary which such employees receive, be paid for eight (8) hours for each such holiday at straight-time rate based upon their regular monthly salary or shall, at the discretion of the Chief of Police, or their designee, be given eight (8) hours of compensatory time off at a straight-time rate.

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23.1 Recognized holidays for employees in Representation Units E and F to which this section applies are as follows:
 New Year's Day
 Martin Luther King, Jr.s’ Birthday
 Washington's Birthday
 Lincoln's Birthday
 City Holiday (observed on the last
Monday in March)
 Malcolm X's Birthday
 Memorial Day
 Independence Day
 Labor Day
 Indigenous People's Day
 Veteran's Day
 Thanksgiving Day
 Day after Thanksgiving
 Christmas Day
(Any other special holiday as declared
by the City Manager)

23.2 Floating Holidays
After successful completion of six (6) months of initial employment, employees shall be granted three (3) floating holidays, equivalent to eight (8) hours each, during the calendar year. The days selected shall be by mutual agreement between the employee and the Chief of Police or their designee. In the event mutual agreement cannot be reached, the time sought shall be added to their accrued vacation time. Employees may take floating holidays in one (1) hour increments. Employees who terminate employment within the first six (6) months of initial employment shall not be eligible for payout of any accrued but unused floating holidays.

23.3 Pro-Rated Holidays
A new employee or an employee returning from a long term leave of absence without pay will receive floating holidays on a pro-rated basis, according to the following schedule:

Date of Hire or Return Floating Holiday Entitlement
January 1 - April 30 3
May 1 - August 30 2
September 1 - December 31 1

23.4 Employees shall receive specially declared holidays on the same basis as they now receive other holidays.

23.5 Eligibility
To be eligible for holiday pay, an employee must be on paid leave status on the employee’s last regularly scheduled workday before the holiday.

SECTION 24: SICK LEAVE

24.1 Employees shall be entitled to take sick leave with full pay in case of sickness, disability, or serious illness of the employee or of members of the employee's immediate family in accordance with the provisions of Sections 24.2 to 24.7, inclusive.

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24.2 Sick Leave Accrual
Each employee shall be credited with one (1) eight-hour work day of sick leave with full pay for each month of service. Provided further that employees hired on or after September 11, 2012 shall accrue eight (8) hours of paid sick leave for each month of service.

Employees hired before September 11, 2012 shall accrue sixteen (16) hours of paid sick leave for each month of service after the completion of twenty (20) years of service.

Actual accrual of sick leave will be based upon those days on which the employee was on the payroll and receiving pay.

24.3 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.

24.4 Intermittent Employees Use of Sick Leave
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.

24.5 Notice Requirements
Except in the case of emergencies, in order to receive compensation while absent on sick leave the employee shall notify the Chief of Police or other personnel designated by the Chief of Police at least one hour prior to the start of the employee's daily duties.

24.6 Sick Leave Program

24.6.1 Annual Conversion to Cash: At the end of each calendar year, if an employee has an accrued sick leave balance of 200 hours or more of sick leave, fifty percent (50%) of all hours accrued in excess of 200 hours shall be converted to a cash equivalent at the end of each calendar year. The annual cash conversion shall be calculated at the employee’s regular rate including additional pay such as POST Pay, Bilingual Pay and Longevity Pay then in effect at the end of the calendar year. The annual cash conversion shall be limited to 50% of the hours an employee has accrued in excess of 200 hours as of December 31 st of each year. The City shall pay the annual cash equivalent into an employee’s retiree PORAC medical trust account on behalf of the employee member. Upon retirement, any sick leave hours that have not been converted onto an employee’s PORAC medical trust account, used for the purpose of additional retirement service credit as provided in PERL Section 20965, or “catastrophic/service time” bank shall be forfeited.

The remaining fifty percent (50%) of accrued hours in excess of 200 hours, up to a maximum of 650 hours, shall be maintained in the employee’s separate “catastrophic/service time” bank. These hours are available for the employee’s use in the event that the employee has a catastrophic illness or injury and has exhausted all accrued sick leave hours and compensatory time off hours. At the time of the employee’s retirement or termination, any sick leave balance in the catastrophic/service time bank may only be used for additional retirement service credit as provided in PERL Section 20965 and the employee cannot cash it out at

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retirement or separation.

24.6.2 Catastrophic/Service Time Bank of Hours: The catastrophic/service time bank of hours is available for use subject to the following conditions.

24.6.2.1 Employee or employee’s dependent family member must be suffering from a catastrophic illness or injury. Catastrophic illness or injury means an unanticipated life-threatening illness or injury, either for a permanent or temporary period anticipated to exceed thirty (30) working days, that results in the incapacity of an employee or the employee's dependent family member and by virtue of the illness or injury to the employee or the employee's dependent family member, the employee's ability to perform the essential functions of their usual and customary occupation is limited.

24.6.2.2 Employees may also utilize “catastrophic/service time” bank hours for the birth or adoption of a child.

24.6.2.3 Employee shall provide the City proof of catastrophic injury or illness from an authorized health care provider on a form to be provided by the City

24.6.2.4 The employee must have exhausted all of their available paid leave balances (except accrued vacation) and, as a result, will be placed on unpaid leave status unless the catastrophic/service time bank is utilized.

24.6.3 Employee is prohibited from using the catastrophic/service time bank under the following circumstances:

24.6.3.1 Employee is prohibited from using the catastrophic/service time bank for any industrial injuries or illnesses that are covered by the California workers’ compensation laws and regulations, except and until the employee has exhausted all benefits under Labor Code Section 4850 and all the employee’s available paid leave balances.

24.6.3.2 Employee is prohibited from simultaneously using the catastrophic/service time bank and receiving benefits under any Berkeley Police Association sponsored Long Term Disability benefit.

24.6.3.3 The employee is not permitted to extend employment into retirement through the use of catastrophic/service time.

24.6.3.4 Any balance in the catastrophic/service time bank at time of employee’s retirement will not be cashed out. However, an employee may use any balance to purchase CalPERS additional service credit.

24.7 Sick Leave Usage
Sick leave shall not be considered a privilege which an employee may use at the employee's discretion for illness and any other purpose as provided by State and Federal law.

24.8 Sick Leave Bonus
Employees shall be entitled to receive an additional eight (8) hours of paid leave for every six (6) months of uninterrupted non-use of sick leave. Leave of absence for any reason

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other than Vacation Leave, Administrative Leave, use of Compensatory Time Off or Bereavement Leave, or partial day absences due to a prescribed follow-up physical therapy or medical appointment (Payroll Code M0) for a Workers’ Compensation claim, disqualifies an employee for this bonus. This additional leave accrual is prorated for part- time employees. Employees must be in a paid status during the six (6) months uninterrupted non-use of sick leave and not more than sixteen (16) additional hours per year may be achieved; this paid leave may be used for any leave purpose covered by this Agreement.

24.9 Absenteeism Control System
The City may implement an absenteeism control system, which will include the detailed and ongoing recording of absences and counseling of employees regarding abuse, with management and supervisory personnel having the discretion to require medical verification in instances where abuse appears evident and to take disciplinary action as appropriate to correct patterns of abuse.

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SECTION 26: BEREAVEMENTLEAVE

26.1 In the case of death within the immediate family of an employee such employee shall be entitled to remain absent from duty for up to five (5) working days, the first three (3) days of bereavement leave shall be paid. For the second two (2) days, the employee may use accrued vacation, sick leave, or compensatory time off that is otherwise available to the employee. The immediate family of an employee, for the purpose of this section, shall be defined as a spouse, domestic partner, (parent, sibling, child, grandparent, grandchild, parent-in-law, and child-in-law. A working day for the purpose of this section is based on the actual number of hours an employee is normally scheduled to work (i.e., eight (8) hours; ten (10) hours; or twelve and a half (12.5) hours.

26.2 Bereavement leave shall not be charged against vacation or sick leave which an employee may be entitled to but shall be in addition thereto.

In special cases, with the approval of the City Manager, the Chief of Police may grant a bereavement 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.

In addition, 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 holidays.

26.3 Bereavement Leave Statement:

Within thirty (30) days of the first day of leave, an employee requesting bereavement leave must submit documentation of the death of the “immediate family members” as provided in Section 26.1. For purposes of this section only, “documentation includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.

SECTION 27: 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. Employees will be granted a leave of absence without pay with appropriate seniority, pay, status and vacation as required by law for the purpose of fulfilling any required military obligation. If allowed by the USERRA and/or the State of California Military and Veteran's Code, where the employee is entitled to receive their regular pay during the period of the military leave, military pay is to be deducted from the employee's regular pay from the inception of the military leave.

SECTION 28: FAMILY CARE LEAVE
Administrative Regulation 2.4 (Family Care Leave) is intended to comply with the Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991 as may be amended from time to time. A copy of Administrative Regulation 2.4 is attached to this Agreement for illustrative and convenience purposes. It is not the intent of the parties to incorporate Administrative Regulation 2.4 into this Agreement. The Association will be notified of any revisions to Administrative Regulation 2.4.

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SECTION 29: LEAVE OF ABSENCE WITHOUT PAY

29.1 Upon request of the employee, the Chief of Police, or their designee, may grant a leave of absence to an employee within their department without pay not to exceed fifteen (15) working days. No leave without pay shall be granted for more than fifteen (15) working days, except upon the written request of an employee and approval of the City Manager. Failure on the part of an employee on leave to report promptly at its expiration shall be cause for discharge.

29.2 An employee must use all available compensatory and vacation leave, including banked vacation, in order to become eligible for an approved leave of absence without pay. In the event of illness, an employee must also exhaust sick leave prior to receiving authorization for leave without pay. However, in the event of an illness or injury requiring the use of sick leave, an employee has an option to notify the City in writing that they wish to freeze the use of sick leave after thirty (30) calendar days prior to receiving authorization for leave without pay in order to take advantage of an Association sponsored Long Term Disability benefit.

29.3 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.

SECTION 30: JURY DUTY LEAVE
An employee who is called or required to serve as a trial juror shall be entitled to be absent from duties or service with the City with pay during the period of such service, as defined in the glossary (Exhibit B) or while being present in court as a result of such call. Any employee, working any shift, shall be eligible for this benefit. Jury duty that does not occur during the employee's work shift but does occur on a scheduled work day, shall cause that employee's next scheduled work shift to be shortened by the number of hours spent on jury duty.

ARTICLE 4 - HEALTH AND WELFARE BENEFITS
SECTION 31: HOSPITAL-MEDICAL, DENTAL AND LIFE INSURANCE COVERAGE

31.1 Medical Coverage
The City will pay 100% of the premium for the applicable (single, couple, family) Kaiser rate. Plans that are less expensive than or equal to the Kaiser plan shall be fully paid by the City. For coverage under more expensive plans the employee shall pay the difference through payroll deduction. If an employee chooses to complete and submit an Affidavit of Domestic Partnership and sign up for medical benefits for their domestic partner, the employee shall be subject to federal and state income tax withholding. The Agreement can be reopened on health plan topics by mutual consent.

31.2 Dental Coverage
The City shall provide a dental care program for employees. Dental benefits will remain at 90% coverage of the Bay Area Usual, Customary and Reasonable charges for the life of this Agreement., The maximum annual coverage is $3,000 per calendar year and the lifetime

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limit on orthodontia will be increased to $3,000. If an employee chooses to complete and submit to an Affidavit of Domestic Partnership and sign up for dental benefits for their domestic partner, the employee shall be subject to federal and state income tax withholding.

31.3 Should the City deem it feasible to provide the same level of benefits through another provider or to provide such benefits on a non-insured basis, it will notify the Association and, upon written request, will meet and confer on the matter.

31.4 Life Insurance
The City shall provide term life insurance of $100,000 for each employee that shall include a standard accidental death and dismemberment provision of a like amount. 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.

31.5 Pro-Ration for Less Than Full-Time Employees
All career and grant-funded provisional employees working less than a full forty (40) hour week shall receive prorated rather than full fringe benefits and shall pay, by payroll deduction, the remainder of the health and dental insurance premiums.

31.6 Cash In-Lieu
Effective the first full pay period following Council approval of this Agreement, and for those employees who show proof of alternate group medical coverage, the City will compensate the employee $560.72 per month, to be paid in equal amounts in each of the twenty-six (26) pay periods of $258.79. Enrollment of cash in-lieu shall be limited at the time of hire and the yearly open enrollment period.

31.7 Vision Coverage
Effective January 1, 2027, 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:

The maximum amount the City shall be required to pay for the Vision Care Program shall be the applicable Vision Services 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

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shall increase no more than five percent (5%) above the previous calendar year’s contribution amount towards the payment of the monthly premium.

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SECTION 32: RETIREE MEDICAL COVERAGE

32.1 Sick Leave Trust Fund
A retiree, with a sixty (60) day notice, may at any time request a lump sum payment of the balance in their Sick Leave Trust Fund. Upon the death of the retiree, any money in the account will be disbursed to the employee's estate.

32.2 Retiree Health Coverage
The City will establish an Internal Revenue Code Section 401(a) plan for the purpose of paying the benefit provided in this Section.

The City shall pay to the retiree or their surviving spouse an amount equivalent to the two- party active Kaiser monthly medical insurance premium until the death of both. (See Exhibit Letter from Kaiser dated September 14, 2001 attached to this Agreement for illustrative and convenience purposes.) The maximum amount the City shall pay to the retiree or their surviving spouse is based on the following schedule:

Years of Service Percentage to be Paid by the City
10 years of Service City to pay an amount equal to 25% of the 2-party Kaiser plan rate
15 years of Service City to pay an amount equal to 50% of the 2-party Kaiser plan rate
20 years of Service City to pay an amount equal to 75% of the 2-party Kaiser plan rate
25 Years of Service City to pay an amount equal to 100% of the 2-party Kaiser plan rate

32.2.1 Payment: If payment is made under the Code section 401(a)plan, the payment to be made on a monthly basis shall be made directly to the retiree, or if the retiree is deceased, to the surviving spouse. If payment is made under the retiree health premium assistance plan per Section 32.3, the payment to be made on a monthly basis shall be made directly to the provider who is providing retiree health coverage to the retiree or their surviving spouse (if souse is eligible, per Section 32.5.2). The retiree or surviving spouse assumes full responsibility for the tax consequences for this benefit.

32.2.2 Notification of Death: The retiree or surviving spouse is exclusively responsible for notifying the City of a death of their spouse. Such notification must be reported in writing to the City by U.S. Postal Service addressed to: Director of Finance, City of Berkeley Finance Department, 2180 Milvia Street, Berkeley, CA. When both the retiree and surviving spouse die all payments under this Section shall cease.

32.2.3 Notification of Change of Address: The retiree or surviving spouse is exclusively responsible for notification to the City of their current mailing address. A change in mailing address must be reported in writing to the City by U.S. Postal Service addressed to: Director of Finance, City of Berkeley Finance Department,

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2180 Milvia Street, Berkeley, CA. If the U.S. Postal Service returns payment checks for two consecutive months, the City will cease making payments under this Section.

However, if the retiree and/or surviving spouse re-establishes contact with the City and notifies the City in writing of a new mailing address, the City shall resume making payments including arrears payments for the period when payment checks were undeliverable.

32.2.4 Payments Commence 10 Years after Retirement Plan: For employees retiring on or after January 1, 1989 through July 5, 1997, the City shall begin making payments to the retiree or their surviving spouse ten (10) years after the employee retirees. No payments will be made under this Section until January 1, 1999. For the purposes of this Section, a “retiree” is anyone who separated from the City on or after January 1, 1989, is vested in CalPERS, has ten years of service as a sworn officer with the Berkeley Police Department and has reached the age of

50. However, a “retiree” is also anyone, regardless of age, who receives a disability or industrial disability retirement benefit from CalPERS and has at least ten (10) years of sworn service with the Berkeley Police Department.

32.2.5 Payments Commence 5 Years after Retirement Plan: For employees retiring on or after July 6, 1997, the City shall begin making payment to the retiree or their surviving spouse, or to the provider of retiree health care coverage through a newly established retiree health premium assistance plan, as applicable, five (5) years after the employee retirees. No payments will be made under this Section until July 6, 2002. For the purposes of this Section, a “retiree” is anyone who separated from the City on or after July 7, 1997, is vested in CalPERS, has ten years of service as a sworn officer with the Berkeley Police Department and has reached the age of 50.

However, a “retiree” is also anyone, regardless of age, who receives a disability or industrial disability retirement benefit from CalPERS and has at least ten (10) years of sworn service with the Berkeley Police Department.

32.2.6 Payments Commence 2 Years after Retirement Plan: For employees retiring after July 1, 2007, the City shall begin making payments to or on behalf of the retiree or their surviving spouse two (2) years after the employee retirees. The maximum amount the City shall pay to or on behalf of the retiree is based on the following schedule:

Years of Service Percentage to be Paid by the City
10 years of Service City to pay an amount equal to 25% of the 2- party Kaiser plan rate
15 years of Service City to pay an amount equal to 50% of the 2- party Kaiser plan rate
20 years of Service City to pay an amount equal to 100% of the 2- party Kaiser plan rate

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For the purposes of this Section, a “retiree” is anyone who separated from the City on or after July 1, 2007, is vested in CalPERS, has ten years of service as a sworn officer with the Berkeley Police Department and has reached the age of 50.

However, a “retiree” is also anyone, regardless of age, who receives a disability or industrial disability retirement benefit from CalPERS and has at least ten (10) years of sworn service with the Berkeley Police Department.

32.2.7 Overpayments: In the event of an overpayment, the procedures set forth in Section 41 (Payroll Errors) of this Agreement shall apply to the recovery of overpayments under this Section, with adjustments as appropriate to reflect that retirees are no longer on the active payroll, so offsets or reductions must be made to future payments that would become due under the applicable plan providing benefits to the retiree or their surviving spouse.

32.3 Retiree Health Premium Assistance Coverage
The City will cease making contributions to an Internal Revenue Code Section 401(a) plan for the purpose of paying the retiree health care benefit provided under this Section for any employees hired on or after that date who would otherwise have qualified for benefits under the terms described in this Section 32. Any employees hired on or after September 19, 2012, as well as any current employees who retire on or after such date, shall receive the benefits described in this Section 32.3 as a benefit provided by the City under a newly established retiree health premium assistance plan and related trust agreement. Any benefits payable to employees who have retired prior to such date or to their surviving spouses may continue to be made under the Internal Revenue Code Section 401(a) plan that was established for such purpose to the extent benefits are not provided for such retirees under the new retiree health premium assistance plan. Under the newly established retiree health premium assistance plan, benefits will be the same as previously provided under the 401(a) plan, except for different eligibility criteria and that payment under the 401(a) plan was made directly to the retiree or their surviving spouse, and under the new plan the City will pay the retiree health premium assistance amount to the provider who is providing retiree health coverage to the retiree or their surviving spouse (if spouse is eligible per Section 32.5.2. Upon the death of the retiree, the amount provided to an eligible surviving spouse will be an amount equivalent to the appropriate percentage of the single party active Kaiser monthly medical insurance premium amount, which will continue until the death of the eligible surviving spouse. The maximum amount the City shall pay towards coverage for the retiree or their surviving spouse, either directly or to a health care provider on their behalf, is based on the following schedule set forth in Section 32.5 et seq.

32.4 Amendment or Termination of 401(a) Plan
As provided under Section 32.2 (Retiree Health Coverage), the City established an Internal Revenue Code Section 401(a) plan for the purpose of paying the benefits for retirees and their surviving spouses provided under this Section 32 (Retiree Medical Coverage). Section 12 of that plan (Berkeley Police Supplemental Retirement Plan) provides that such plan may be amended or terminated in accordance with a Memorandum of Understanding between the City and the Association. The City and the Association have determined that it is desirable, to the extent legally permissible and administratively practicable, to offer benefits previously provided under that Berkeley Police Supplemental Retirement Plan through a retiree health premium assistance plan and related trust under Section 115 of the Internal

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Revenue Code. Additionally, the parties have agreed that the City may take reasonable steps to amend or terminate the Berkeley Police Supplemental Retirement Plan, or spin- off assets and liabilities under such Plan for certain covered participants into a new section 401(a) plan that also may be amended or terminated, to the extent such actions are necessary or desirable to accomplish, in providing future retiree medical premium assistance benefits as described in this Section 32 (Retiree Medical Coverage) for some or all of the covered retirees and their surviving spouses through a newly established retiree health premium assistance plan and related trust.

32.5 Retiree Medical Coverage
For those employees who retire on or after September 19, 2012 and effective immediately upon the date of retirement, the City will assist in the payment of medical insurance premium payments for the retiree and/or surviving spouse/domestic partner by making payments directly to the medical insurance provider. Retirees shall be permitted at their discretion to enroll in non-City sponsored health plans. In that event, the City shall make medical insurance premium payments directly to the health insurance provider equal in value to the 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 will pay the administrative set up fee and the monthly administrative fee established by the third-party administrator. 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.

32.5.1 For employees that retire on or after September 19, 2012 the City will discontinue the current practice of paying directly to the retiree the cash equivalent of the active two-party Kaiser rate. However, for those employees who retired before September 19, 2012, the City shall continue to make cash payments to these retirees under the Agreement provisions in effect at the time of their retirement.

32.5.2 Qualifying Spouse or Domestic Partner. A retiree will receive the appropriate percentage of two-party coverage for a spouse or domestic partner that meets any of the following criteria (“Qualifying Spouse”): (1) the spouse or domestic partner of the retiree at the time of retirement; (2) for a retiree that did not have a spouse or domestic partner at the time of retirement, the initial spouse or domestic partner a retiree adds to their health plan after retirement; or, (3) for any retiree, a subsequent spouse or domestic partner if the previous spouse or domestic partner died. For all times that a retiree does not have a Qualifying Spouse, the City will only pay the appropriate percentage of single party premium for that retiree. If a retiree predeceases a Qualifying Spouse, the City will continue to pay the appropriate percentage of single party premium for that individual.

32.5.3 In the event that an employee retires and initially elects not to utilize the Berkeley retiree medical plan as described above, the employee may opt back into the Berkeley retiree medical plan during any open enrollment period with either single only coverage or two-party coverage, if applicable.

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32.5.4 The City will comply with any lawfully executed Qualified Domestic Relations Order (QDRO) but under no circumstances will it provide retiree medical benefits to more than two persons.

32.5.5 In order to be eligible for the Retiree Health Premium Assistance Coverage a "Retiree" must meet all of the following criteria (note, this is different criteria than used for previous plans):

32.5.5.1 A person who is vested in CalPERS, and

32.5.5.2 Has reached the age of 50, and,

32.5.5.3 Has retired from the City at age 50 or thereafter, and

32.5.5.4 Has applied for and is receiving a pension from CalPERS at the time of retirement.

However, a “retiree” is also anyone, regardless of age, who receives a disability retirement benefit, either industrial disability or non-industrial disability, from CalPERS.

32.5.6 The maximum amount the City will contribute toward the payment of medical insurance premiums is based on the employee’s years of service as a sworn member of the Berkeley Police Department at time of retirement. The retiree must have at least 10 years of service as a sworn member of the Berkeley Police Department to qualify for this benefit.

32.5.7 The maximum amount the City will contribute toward payment of the medical premium is based on the following schedule:

Years of Service Percentage to be Paid by the City
10 Years of
Service
City to provide medical premium assistance equal to
25% of either the single party or two-party amount
as determined below
15 Years of
Service
City to provide medical premium assistance equal to
50% of either the single party or two-party amount
as determined below
20 Years of
Service
City to provide medical premium assistance equal to
100% of either the single party or two-party amount
as determined below
There will be no pro-rating of years of service.

32.5.8 The City will assist the retiree and/or surviving spouse/domestic partner in the payment of the medical insurance premium as follows:

32.5.9 Early Retirees who are not Medicare Eligible: Beginning September 19, 2012, each month after the employee retires, the City will pay the health care service provider an appropriate percentage based on the chart in Section 32.5.7 of an

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amount equal to $1,200.00 per month for two party coverage for the retiree and a qualifying spouse/domestic partner or $600.00 per month for single party coverage.

Upon the death of either the retiree or the retiree’s spouse, the City will only pay the appropriate percentage based on the chart in Section 32.5.7 of the single party rate to the provider on behalf of the surviving retiree or spouse/domestic partner. If there is no spouse/domestic partner at the time of retirement, the City shall only pay the single party rate. The retiree and/or surviving spouse/domestic partner will be responsible for payment of the difference between the amount the City contributes toward payment of the premium and the actual premium cost. The funds for this difference will come from the retirees CalPERS retirement account and the retiree must authorize such withdrawal of funds.

Beginning July 1, 2013 and effective each July 1 thereafter, the base rates the City contributes toward payment of the premium amount described in the preceding paragraph shall be increased by either the amount Kaiser increases the early retiree plan medical premium for that year, or 6%, whichever is less. The retiree and/or surviving spouse/domestic partner shall pay the difference between the amount the City contributes toward payment of the premium and the actual premium cost.

32.5.10 Retirees who reach Medicare eligibility age: Beginning September 19, 2012, for retirees who reach Medicare eligibility age, the City will pay the health care service provider the appropriate percentage based on the chart in Section 32.5.7 of an amount equal to $765.80 per month for two-party coverage for the retiree and spouse/domestic partner or $382.90 month for single party coverage. Upon the death of either the retiree or spouse/domestic partner, the City will only pay the appropriate percentage based on the chart in Section 32.5.7 of the single party rate to the health care service provider on behalf of the surviving retiree or spouse/domestic partner. If there is no spouse at the time of retirement, the City shall only pay the single party rate. The retiree and/or surviving spouse/domestic partner will be responsible for payment of the difference between the amount the City contributes toward payment of the premium and the actual premium cost. The funds for this difference will come from the retirees CalPERS retirement account and the retiree must authorize such withdrawal of funds.

Beginning July 1, 2013 and each July 1 thereafter, the base rates the City contributes toward payment of the premium amount described in the preceding paragraph shall be increased by either the amount Kaiser increases the retiree medical premium for that year, or 6% whichever is less. The retiree and/or surviving spouse/domestic partner shall pay the difference between the amount the City contributes toward payment of the premium and the actual premium cost.

Former employees who leave employment prior to age 50 and do not qualify as a “Retiree” under the definition above (“non-qualifying retiree”) will not receive any funds from the City, either directly or indirectly, for payment of medical insurance premiums. However, a non-qualifying retiree shall be permitted to purchase health insurance from the retiree medical pool if all of the following criteria are met:

32.5.10.1 The former employees is vested in CalPERS, and

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32.5.10.2 Has reached the age of 50, and,

32.5.10.3 Has applied for and is receiving a pension from CalPERS, and

32.5.10.4 The City sponsored group health plan permits the retiree to enroll in the retiree medical pool, and

32.5.10.5 The retiree pays all cost associated with enrolling and maintaining eligibility in the group health plan, including, but not limited to, the administrative set up fee and the monthly administrative fee established by the third-party administrator.

32.6 Effective the first full pay period after July 1, 2024, the retiree medical benefit identified in the current Agreement (except Paragraph 2 of Section 32.5.10) will be frozen at rates in place as of July 1, 2024, and the benefit paid and administered as set forth in this Section

32.6 and Section 32.5. The parties acknowledge that a current dispute exists whether the agreement reached in 2023 was intended to cap rates for Medicare-eligible retirees. The parties have agreed to defer resolution of this matter to the negotiations of a successor agreement in 2026.

32.6.1 Vesting of Benefit. Effective the first full pay period after July 1, 2024, in consideration of the freezing of the retiree medical benefit identified in Section 32.5 and this Section 32.6, active and retired Association members shall be entitled to retiree health benefits as follows:

32.6.1.1 Any retirees who are receiving retiree medical benefits set forth in Sections 32.3 and 32.5 of the Agreement (Retirement Health Premium Assistance Coverage) as of the date of City Council approval of this Addendum shall become fully and permanently vested in such benefits, and will continue to receive retiree medical benefits as adjusted in accordance with Sections 32.5.9 and 32.5.10.

32.6.1.2 All active members who are hired on or before June 30, 2024, shall continue to be eligible to receive the retiree medical benefits set forth in Sections 32.3 and 32.5 of the Agreement, but such benefit will be frozen at the dollar amount contributions rates in place on July 1, 2024, notwithstanding Paragraph 2 of Section 32.5.9. Such benefit shall be fully and permanently vested. This subsection and Sections 32.5 and

32.6 encompass members with original hire dates prior to June 30, 2024 and who have separated and subsequently been reinstated.

32.6.2 Participation in the PORAC Retiree Medical Trust.

32.6.2.1 Employer contribution. Effective the first full pay period after July 1, 2024, concurrent with the benefits set forth in Sections 32.3 and

32.5, the City shall contribute $50.00 per pay period to the PORAC Retiree Medical Trust for each member hired on or before June 30, 2024. This subsection and Sections 32.5 and 32.6 encompass members with original hire dates prior to June 30, 2024 and who have separated and subsequently been reinstated.

32.6.2.2 Employee contribution. Effective the first full pay period after July 1, 2024, all members hired on or after July 1, 2024 (“new hires”) shall

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make a mandatory employee contribution of $50.00 per pay period for deposit into the PORAC Retiree Medical Trust.

32.6.2.3 The City shall not allow any election to opt out of this mandatory employee contribution.

32.6.2.4 Transfer of contributions. The City shall transfer the contribution of $50.00 per pay period identified in this Section 32.6.2 into the PORAC Retiree Medical Trust on a monthly basis.

32.6.2.5 Execution of agreements. The Parties shall execute acknowledgements, applications and agreements required by the PORAC Retiree Medical Trust to effectuate participation in the Trust, including, but not limited to the PORAC RMT “Joinder and Application Agreement”.

32.6.3 New Hires - CalPERS Retiree Medical Benefit. All members hired after July 1, 2024, shall be entitled to receive the minimum contribution for retirees specified by the Public Employees' Medical & Hospital Care Act (PEMHCA) (Government Code section 22892) in lieu of the retiree medical benefits set forth in Section 32.3. The benefit is currently set at $151.00/month.

32.6.4 Payment of Retiree Health Premium Assistance Coverage. The City shall disburse the Retiree Health Premium Assistance Coverage medical plan payments pursuant to the provisions of Section 32.5 for purposes of achieving greater efficiencies for the City and retirees.

SECTION 33:

SUPPLEMENTAL RETIREMENT PLAN
The City adopted a Supplemental Retirement Plan and Trust Agreement to provide supplemental retirement income and other benefits for eligible career benefited employees through the liquidation of termination pay.

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ARTICLE 5 - TERMS AND CONDITIONS OF EMPLOYMENT
SECTION 34: PROBATIONARY PERIOD

34.1 Police Officer
Original appointments from employment lists for the classification of Police Officer shall be tentative and subject to a probationary period of two (2) years of actual service with the City of Berkeley. Lateral appointments shall be tentative and subject to a probationary period of eighteen (18) months of actual service with the City of Berkeley.

Completion of Probationary Period upon Return from Military Leave: Probationary employees who are granted military leaves of absences 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 34 shall be interpreted to preclude the City from establishing new classifications which may require probationary periods of varying lengths.

Field Training Officer Rating: Probationary Police Officers will be rated daily/weekly while in the Field Training Officer (FTO) program, and then semi-annually thereafter.

34.2 Other Probationary Periods
Original and promotional appointments to classes above the rank of Police Officer shall be tentative and subject to a probationary period of six (6) months of actual service and shall be completed within a one (1) year period.

34.3 Provisional Appointments during Probationary Period 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.

34.4 Completion of Probationary Period
If the service of the probationary employee has been satisfactory to the Chief of Police, or their designee, the Chief of Police, or their designee, shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such probationary employee 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 that the employee be rejected.

34.5 Rejection during Probationary Period
During the probationary period, an employee may be rejected at any time without right of appeal or hearing except as provided by the procedures mandated by Government Code 3303 and 3304, as well as provided in Section 40.8.5 of this Agreement. 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 37.

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SECTION 35: PROMOTION/EXAMINATION

35.1 Promotional Exams
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 promotional list established.

35.2 Tests and Applications
Regular tests shall be given for all ranks including promotional ranks. Applications for Police Officer shall be accepted on a continuous testing basis. Tests for Sergeant, Lieutenant and Captain shall be given at least every two years.

35.3 From the time that a promotional list no longer contains any names, 1) the City will make a conscientious effort to hold a written examination within ninety (90) days, but in any event will hold the examination within one hundred twenty (120) days; and 2) the City will announce the written examination at least sixty (60) days before the examination takes place.

35.4 Notice of Examinations
Selection criteria shall be reflected on all examination announcements. All phases of each examination shall be listed in the examination announcement. A study list shall be included in each examination announcement. Each examination shall be announced no less than 60 calendar days in advance of the written test date.

35.5 Open Competitive Examination
If, in the opinion of the City Manager, 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 promotional list for the higher position, which list has not been abolished and from which the vacancy could be filled, then the City Manager 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.

35.6 Criteria for Promotion
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 (proven ability or accomplishment), seniority, current and previous special/temporary duty assignments held.

SECTION 36: DEMOTION

36.1 City Manager Authority
The City Manager may demote an employee who so requests it, or whose ability to perform required duties falls below standard, or for disciplinary purposes. 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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36.2 Notice Requirements
Notice of the demotion shall be given the employee no later than two (2) weeks prior to the effective date of demotion, and a copy of said notice shall be filed with the Director of Human Resources. Any employee who has been demoted shall be entitled to receive a written statement of the reasons for such action.

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

36.4 Demotion to Vacant Position
Upon 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 their former position without further examination whenever such position is again to be filled in accordance with the reemployment provisions in Section 57.

SECTION 37: SUSPENSION AND DISCHARGE

37.1 30 Calendar Day Maximum Suspension
The City Manager may suspend an employee without pay from their position at any time for just cause after the employee has been afforded their due process rights as provided by this Agreement or applicable law(s). Suspension without pay shall not exceed thirty (30) calendar days, nor shall any employee be penalized by suspension for more than thirty (30) calendar days in any one-year period.

37.2 Suspensions of 3 Days or Less
For just cause, the Chief of Police, or their designee, may suspend an employee without pay for not more than three (3) working days at any time for just cause after the employee has been afforded their due process rights as provided by this Agreement or applicable law(s). Such suspension shall be reported immediately to the City Manager. At any step in the process of reviewing recommended disciplinary actions, the City Manager may elect to impose more severe discipline.

37.3 Discharge
An employee may be discharged at any time by the City Manager, but if the probationary period has been completed, then such discharge must be for a just cause. Any employee who has completed their probation period and is to be discharged shall be entitled to their due process rights as provided by this Agreement or applicable law(s).

37.4 240 Day Limit on Imposition of Discipline
No disciplinary action against an employee covered by this Agreement, which action involves a loss or reduction of pay or discharge, shall be imposed unless such action is taken within two hundred forty (240) calendar days from the date of the City’s discovery by a person authorized to initiate and investigate an alleged act, omission or other misconduct unless a Government Code section 3304(d) exception applies.

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If a letter of advice or written reprimand is issued by the Department, neither the document nor any testimony offered by the Department or the City in an appeal process shall reference any time restrictions set forth in this section, nor reference any other discipline that may have been considered, recommended or imposed, but for the time restrictions set forth herein.

37.5 Suspension of FLSA Exempt Employees
Notwithstanding any of the above, FLSA exempt employees in the rank of Captain and above shall not be suspended except as permitted by the Fair Labor Standards Act.

37.6 All references in Sections 37.1 and 37.2 to “days” shall be calculated in terms of eight (8) hour equivalencies, unless otherwise provided.

SECTION 38: RESIGNATION
An employee wishing to leave the competitive service in good standing shall file with the Chief of Police, or their designee, 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 Chief of Police, or their designee 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 Chief of Police, or their designee, immediately. Resignations shall take effect on the last day of the pay period in which an employee works unless the City Manager determines that it is in the City's best interest to accept the resignation immediately.

SECTION 39: REINSTATEMENT
A permanent or probationary employee who has resigned with a good record may be reinstated within two (2) 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 two (2) years.

ARTICLE 6 - GRIEVANCE AND APPEAL PROCEDURE
SECTION 40: GRIEVANCE & DISCIPLINARY APPEAL PROCEDURE

40.1 A Grievance is any dispute which involves the interpretation, application, claimed violation, or claimed noncompliance with the provisions of the Agreement between the City and the Association or with any City ordinance, rule, or regulation which may have been or may hereafter be adopted by the City to govern personnel practices or working conditions of City employees covered by the Agreement, including any rule, regulation, or resolution which may be adopted by the City Council which results from the meet-and- confer process. The grievance procedure discussed below shall be the dispute resolution mechanism applicable to employees covered by this Agreement.

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40.2 A Disciplinary Appeal procedure is established hereunder to afford an employee their due process right upon receipt of a recommendation of discipline for demotion, pay reduction, suspension or discharge other than probationary discharge and is the sole mechanism applicable to appeal the imposition of said discipline applicable to an employee covered by this Agreement.

40.3 Grievance Procedure
Grievances shall be processed in the following manner:

40.3.1 Step 1: Any employee who believes they have a grievance (and/or the employee's Association representative) may discuss the employee's complaint with the Chief of Police or their designee. Nothing in this Section precludes an employee from utilizing the chain of command to solve grievances and/or complaints. If the issue is not resolved within five (5) days, the employee (and/or the employee's Association representative) may elect to invoke the procedure hereinafter specified.

40.3.2 Step 2: Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the affected employee or by the Association within ten (10) working days of receipt of the decision at Step 1. Any such referral shall be in writing, and the specific issues involved shall be detailed in such referral, together with a statement of the resolution which is desired. The City Manager shall designate a representative to investigate the merits of the complaint and to meet with the complaining employee (and/or the employee's Association representative). The City Manager shall issue a written decision to the grievant and the Association within ten (10) working days of the meeting. This shall conclude Step 2 of the Grievance Procedure.

40.3.3 Step 3: If the Association is not satisfied with the City Manager’s decision at Step 2 of the Grievance Procedure, the Association may require that the grievance be referred to an impartial arbitrator by notifying the City Manager within ten (10) days of the conclusion of Step 2. Either the Association or the City may require that the grievance be referred to an impartial arbitrator if for any reason forty-five (45) days have elapsed from the date upon which the grievance was received by the City Manager. A list of five arbitrators shall be requested from the California State Mediation and Conciliation Services (SMCS). The impartial arbitrator shall be selected by either mutual agreement between the Association and the City Manager, or designee, or by each side taking turns striking a name from the arbitrator list with the question of which party shall strike first determined by a coin flip. The Association shall forward to the City the Association’s portion of the SMCS fee within thirty (30) days of selection of the arbitrator.

The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post- hearing briefs, if any.

40.4 Arbitrator Decisions
Arbitrator decisions on matters properly before them which pertain to grievances as defined in Section 40.1 of this Agreement shall be in the forms of recommendations to the City Manager, who may, within five (5) days of receipt of said decision, reject said decision. In the event of said rejection, then, as to that particular grievance, the fees and expenses of the arbitrator and the court reporter shall not be shared by the Association, and full payment thereof shall be the sole responsibility of the City.

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40.5 Grievance of Affirmative Action Program
Any grievance which in any way affects the implementation of the City's affirmative action program shall not be subject to arbitration. The decision as to whether or not implementation of the affirmative action program is in any way involved shall be made at the sole discretion of the City Manager. If, in the City Manager's judgment, any grievance involves the affirmative action program, the Equal Employment Opportunity and Diversity Officer shall notify the Association to that effect in writing within seven (7) days of the date upon which the grievance is received in the Human Resources Department and in such notification refer to that section of the affirmative action program which is involved; provided, however, that such notice may come at any time prior to arbitration if additional factors come to the attention of the Equal Employment Opportunity and Diversity Officer on the basis of which they consider is appropriate to change their original determination.

40.6 No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless the Association seeks a determination or if the dispute involves 1) the issue of unit determination; 2) a question of representation; 3) an aggrieved employee not in a classification of the units represented by the Association; or 4) non-punitive transfers, promotional decisions, and probationary employee terminations except as provided in Sections 34.5 and 40.8.5 et seq. of this Agreement.

40.7 Compensation Grievances
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources. In such cases no adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed or thirty (30) days from the date when an employee 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 understandings contained in any memorandum agreement which has resulted from the meet-and-confer process shall be considered as grievances. Any other matters of compensation are to be resolved in the meet-and-confer process and, if not detailed in the Memorandum of Understanding which results from such meet-and-confer process, shall be deemed withdrawn until the meet-and-confer process is next opened for such discussion.

40.8 Disciplinary Appeals

40.8.1 Authority to Recommend and Impose Discipline
For disciplinary action consisting of a suspension of three (3) days or less, the Chief of Police shall issue the discipline in the form of a written recommendation to the employee. Following completion of the Due Process step of the Disciplinary Appeal process as defined herein, the Chief of Police has the authority to impose discipline of three (3) days or less.

For disciplinary action consisting of a suspension of more than three (3) days, disciplinary demotion, pay reduction, or discharge, the Chief of Police shall submit a written recommendation to the City Manager for approval and issuance to the employee. Following completion of the Due Process step of the Disciplinary Appeal process as defined herein, the City Manager has the authority to impose such discipline.

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40.8.2 Timing of Appeal of Recommended Discipline
Any employee who wishes to appeal a recommended disciplinary action, whether for three (3) days or less or for more than three (3) days, must submit a written appeal to the Chief of Police within five (5) days of receiving notification of the recommended discipline.

Disciplinary Appeals shall be processed in the following manner:

40.8.3 Step 1: The affected employee may appeal the recommendation to impose discipline to the Chief of Police or their designee. The affected employee shall be entitled to a personal conference with the Chief of Police or their designee or the affected employee may choose to make an appeal in written form. The Chief of Police or their designee shall communicate a decision in writing within ten (10) days after the completion of the personal conference with the affected employee or receipt of the written appeal. This shall conclude Step 2 of the Disciplinary Appeal Procedure.

40.8.4 Step 2: Any disciplinary appeal which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager within five (5) days after conclusion of Step 1 by the affected employee or the Association. The City Manager shall designate a personal representative to meet with the affected employee and/or the employee's Association representative and hear the disciplinary appeal or the affected employee may choose to make an appeal in written form. The City Manager’s designee shall communicate a decision within twenty (20) days after the completion of the personal conference with the affected employee or, if the employee chooses to make an appeal in written form, receipt of the written appeal.

This shall conclude Step 2 of the Disciplinary Appeal Procedure and shall constitute satisfaction of the due process required prior to the imposition of the recommended discipline. Upon written notice of the conclusion of Step 2, any resulting discipline shall be imposed in accordance with the authority set forth in Section 40.8.1 above. If the City Manager’s designee, in pursuance of the procedures outlined above resolves a disciplinary appeal as defined in Section

40.2 above, the City Manager’s designee may order payment for lost time or wages or reinstatement with or without payment for lost time.

40.8.5 Step 3: If the Association is not satisfied with the City Manager’s designee’s decision at Step 2 of the disciplinary appeal procedure, the Association may require that the disciplinary appeal be referred to an impartial arbitrator by notifying the City Manager within ten (10) days of the conclusion of Step 2.

A list of five arbitrators shall be requested from the California State Mediation and Conciliation Services (SMCS). The impartial arbitrator shall be selected by mutual agreement between the Association and the City Manager, or designee, or by each side taking turns striking a name from the arbitrator list with the question of which party shall strike first determined by a coin flip. The Association shall forward to the City the Association’s portion of the SMCS fee within thirty (30) days of receipt of the City Manager’s response.

The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Arbitrator

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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.

40.8.6 Notwithstanding their probationary status, probationary employees may use the grievance process for disciplinary actions other than termination.

40.8.6.1 Probationary Employees’ Appeal of Discipline: Notwithstanding their probationary status, a probationary employee has appeal rights for disciplinary action where the employee alleges that the City’s action was for an illegal or discriminatory reason, such as the exercise of Association membership, political affiliation, or other constitutionally protected activities; provided, however, that any appeal by a probationary employee of rejection from probation alleging a violation of their rights under Title VII (42 U.S.C.

Section 2000e, et. seq.) or the California Fair Employment and Housing Act (California Labor Code Section 12900 et. seq.) may be pursued as provided in the City’s Affirmative Action program, which shall be specifically amended to allow probationary employees a right of appeal under that program. Nothing in this Section 40.8.5.1 is intended to preclude a probationary employee from seeking enforcement of rights through state and/or federal regulatory agencies or in courts of competent jurisdiction.

40.8.6.2 “Lubey” Hearing: A probationary employee who is terminated on grounds of misconduct may establish a formal record of the circumstances surrounding their termination, but is not entitled to a determination that their dismissal was for "just cause." Such a grievance shall terminate upon the conclusion of Section 40.8.3. The City Manager's decision at Section 40.8.3 is final and is not subject to further review.

40.9 Days Defined
All references in this Section 40 to "days" shall mean calendar days unless otherwise provided.

40.10 Waiver of Time Lines
The time lines contained in this Grievance and Disciplinary Appeal Procedure may be waived for a specific time period at any step in the Procedure with the mutual agreement of the parties.

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ARTICLE 7 - MISCELLANEOUS TERMS AND CONDITIONS
SECTION 41: PAYROLL ERRORS
To ensure that system or other errors which affect an employee’s pay are processed in an efficient and effective manner, the City shall notify the affected employee(s) as soon as practicable. Payroll errors detected by an employee shall, as soon as practicable, be communicated to the employee’s Departmental Payroll Clerk. In the case of under payments, the Payroll Clerk shall submit the appropriate adjustments as soon as practicable.

Payroll errors identified by the Auditor will be communicated to the employee either directly by Auditor staff or through the Departmental Payroll Clerk. Under payments will be processed as soon as practicable.

In the event of an overpayment or underpayment, no adjustment shall be retroactive for more than the applicable statute of limitations. As to any overpayment, the Auditor's Office will determine a reasonable repayment schedule and inform the employee of the schedule directly, or through the Department Payroll Clerk. The affected employee shall be given an opportunity to discuss the schedule of repayment and, if necessary, to request an adjustment to the repayment schedule as a needed and reasonable accommodation. Factors considered in determining a reasonable accommodation for repayment of wages include, but are not limited to, the length of time the overpayment has occurred, the amount of the overpayment, the employee’s normal salary, and other financial obligations of the employee.

In the event that the employee disputes the determination of the Auditor’s Office as to a reasonable accommodation for repayment, the employee may appeal the Auditor’s Office decision to the City Manager. The employee may appeal the decision of the Auditor’s Office in writing within thirty (30) days of the Auditor’s Office decision as to a repayment schedule. The City Manager, or their designee, shall meet with the affected employee and consider the matter for final determination. The City Manager’s decision shall be issued no later than thirty (30) days from the date the affected employee met with the City Manager or their designee. The determination of the City Manager shall be final.

In the event that (1) the employee does not respond within 5 working days of being notified of the overpayment, or (2) mutual agreement on the repayment schedule is not achieved within 10 working days of the employee being notified of the overpayment, the Auditor's Office will proceed to implement a reasonable repayment schedule.

SECTION 42:

PERSONAL CONDUCT

42.1 Employees shall follow the General Orders and Regulations of the Berkeley Police Department, as written and as they may be amended.

42.2 Off the Job Activities
No employee shall be disciplined for off-the-job activities which do not affect their job performance.

42.3 Official Badge/Insignia
No official or employee who wears a badge or other official insignia as evidence of their authority and identity shall permit such badge insignia to be used or worn by any other person of the same or another department, or otherwise to leave their possession, without

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approval except as to persons regularly and formally appointed by the City Manager to the position designated by the badge or insignia.

SECTION 43: UNIFORMS

43.1 The annual uniform allowance shall be $1,400. The uniform allowance is intended to cover uniform expenses incurred by the employee over the course of the year and shall be paid in equal amounts in each of the twenty-six (26) pay periods. However, the amount the City contributes toward the uniform allowance is subject to federal and state income tax withholding. The Uniform Allowance shall be reported to CalPERS as Special Compensation under authority of the statutory requirement provided in the Chapter 2 of Division 1 of Title 2 of the California Code of Regulations Subchapter 1, Article 5, Section 571(a)(5).

43.2 In addition to the annual uniform allowance set forth in Section 43.1, employees assigned to the Special Response Team (S.R.T) shall be paid an annual uniform allowance of $1,500. The S.R.T. uniform allowance is intended to cover uniform expenses incurred by the employee in the performance of training and duties related to this assignment and shall be paid in equal amounts in each of the twenty-six (26) pay periods to those members of the S.R.T. team who are members of the team on November 1st of any year. However, the amount the City contributes toward the S.R.T. uniform allowance is subject to federal and state income tax withholding. The S.R.T. Uniform Allowance shall be reported to CalPERS as Special Compensation under authority of the statutory requirement provided in the Chapter 2 of Division 1 of Title 2 of the California Code of Regulations Subchapter 1, Article 5, Section 571(a)(5).

42.4 Pro-Rated Uniform Allowance
Employees who are hired during the year or are absent from work by reason of leave without pay shall receive a reduced uniform allowance in accordance with the following schedule:

Absence of: Percentage Reduction
3 months 25%
6 months 50%
9 months 75%
12 months 100%

42.5 Uniform and Equipment Committee
The Uniform and Equipment Committee will be charged with adopting specifications and regulations governing the wearing of uniforms and plain clothes. All components of the uniform are subject to the approval of the Chief of Police or their designee.

42.6 Rain Gear
Rain Gear specifications as currently listed in the Uniform/Equipment Specifications Manual under subsection XIX (e) will be updated to reflect optional rain gear (Jacket and Pants) that may be purchased at the employee’s expense for use during inclement weather.

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SECTION 44: SAFETY GLASSES
The City's present safety glass program provides that the City will guarantee replacement of prescriptions broken in the line of duty, but it is understood that the City will be under no obligation to routinely provide safety glasses to every police officer simply desiring a pair.

SECTION 45: SAFETY AND TRAINING

45.1 Responsibility
Responsibility for developing training programs for employees shall be assumed by the City Manager. Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the efficiency and broadening the knowledge of municipal employees in the performance of their duties.

45.2 Special Training Courses
Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed with the Chief of Police or their designee.

45.3 Ammunition and Firing Range Program
The City shall provide the necessary amount of ammunition for employees for use in City- sponsored range programs. The Department will enforce requirements of regular employees participating in range programs. Employees who do not perform at a passing standard will receive instruction and retake the test during the regularly scheduled range program. Employees who are not able to achieve the minimum standard within a reasonable period of time will be immediately assigned to work on an intensive basis with the range master who will evaluate the severity of the problem. Consistent inability to meet the standard may be cause for termination.

45.4 Safety Programs
The City and the Association will make every effort to maintain excellent health and safety standards. No employee shall be required to perform work with unsafe equipment or perform duties that are not in compliance with safety procedures or protocols. To further these purposes, the City shall maintain an ongoing safety program which shall include committees comprised of representatives from the Association and appropriate supervisory personnel.

45.5 No employee shall be required to drive a vehicle, the mechanical condition of which is in violation of the Vehicle Code of the State of California.

SECTION 46: USE OF AUTOMOBILES
The City Manager shall govern the use of City-owned automotive equipment and privately-owned automobile equipment by such rules and regulations as they may establish. The mileage reimbursement will be equal to the amount established by the Internal Revenue Service, and will change as necessary to comply with the IRS standard mileage rate.

SECTION 47: ANNUAL PHYSICAL EXAMINATION

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47.1 Employees in the classifications of Police Officer, Police Sergeant, Police Lieutenant and Police Captain shall each year receive a City-paid mandatory physical examination) physical examination based on the City's specification as to scope of examination and with the City’s designated Occupational Medicine Provider.

47.2 As an alternative to receiving an annual physical examination with the City’s designated Occupational Medicine Provider, an employee may provide verification that the employee received a physical examination consistent with the City’s requirements as to the scope of examination with the employee’s own personal physician. Employees who choose their own personal physician must notify Policy Personnel and training at least sixty (60) days prior to a deadline to be announced by the City to conduct the annual physical examination.

Failure by the employee to meet the sixty (60) day notification deadline will result in the employee needing to receive the annual physical examination with the City’s designated Occupational Medicine provider.

47.3 The City will not ask for, request or receive any confidential medical information from the medical professionals, their agents or contractors administering, conducting or participating in the annual examination described in this Section 47. The only information to be provided to the City will confirm whether the examination was administered.

SECTION 48: ASSIGNMENTS FOR TEMPORARILY DISABLED EMPLOYEES

48.1 Employees on Workers' Compensation Leave: The City may assign any employee on Workers' Compensation leave who is medically released to return to modified duty when feasible, to such work within the Police Department which is consistent with medical limitations as determined by the attending physician and the employee's skills and abilities at no reduction in the employee's regular rate of pay. Prior to changing the shift of a member who is medically released to return to work on modified duty, the Department shall make a reasonable and good faith effort to accommodate the member’s personal/family scheduling for the duration of the period on modified duty. However, if the Department is not able to accommodate the member’s personal/family scheduling for the period of the modified duty the Department is not precluded to change the member’s shift.

48.2 Non-industrial Disabilities

48.2.1 The City may accommodate an employee disabled with a non-industrial disability by providing a modified work assignment. The City will periodically review such modified assignments in order to determine whether such assignments continue to meet the needs of the City.

48.2.2 The modified assignment may be in that employee's classification. To be eligible for such a modified assignment, the employee must initially, and subsequently at the request of the City, provide the Human Resources Department with a medical statement from their attending physician that clearly states the medical limitations and abilities of the employee and estimates when the employee will be able to return to a regular assignment. If modification of that assignment within that employee's classification 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.

SECTION 49: ANNUAL PERFORMANCE EVALUATION

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The City may implement a program of annual performance evaluation. Such evaluations shall be conducted by the employee's immediate supervisor and reviewed by additional levels of supervision. Each employee may make written comments on the evaluation which shall be made a part of the employee's personnel record.

In Line of Duty Death Notification Package: At this time, each employee shall be given an opportunity to update or fill out their “In Line of Duty Death Notification Package”. This Package is to be maintained by the Administrative Captain in a sealed envelope and be opened only in the event of the officer’s death.

SECTION 50:

RESERVE OFFICER FUNCTIONS

50.1 Reserve officers shall not be regularly assigned to perform, police functions normally performed by a sworn officer working in a pay status (i.e., normal beat patrol, walking beats, normal detective functions, etc.). Reserve officers may be used by the Department to supplement police services, such as for additional staffing for special projects, in emergencies, for traffic or crowd control, in positions where they have been utilized previously, or in other short-term circumstances.

50.2 Special Events
Any outside requests for police services for special events shall be offered first to employees represented by the Association. Reserves can only be used for such events when the overtime, after being offered to regulars, does not sell within 48 hours of the event. In any event, minimal patrol division staffing levels will take priority over special events. Sponsored events traditionally staffed by reserved officers are not affected by this section. These sponsored events include the following which is provided for illustrative purposes:
 Asian Pacific Heritage Fair
 Berkeley Beer Festival
 Berkeley Cycle Club
 Berkeley Jazz Festival
 Berkeley Kite Festival
 Berkeley Unified School District
Football Games
 Berkeley Unified School District Youth
Celebration
 Cajun Music Festival
 Cinco de Mayo
 Civic Center Criterium
 Earth Day Celebration
 Elmwood Street Fair
 How Berkeley Can You Be?
 Indigenous Peoples Day
 Juneteenth
 July 4th Fireworks
 Jupiter Jam Concerts
 Korean Day
 Live Oak Park Faire
 People’s Park Celebration
 Solano Stroll
 Telegraph Avenue Holiday Fair
 Telegraph Avenue Street Fair
 Triple Rock Beer Festival
 4th Street Bicycle Race